Features of legal mechanism environmental responsibility of citizens in Ukraine

Directory of Open Access Journals (Sweden)

О. О. Шинкарьов

2015-05-01

ability to perform environmental responsibility, clearly defined in the legislation; b establishing eco-legal status for the citizens as they are bearers of the environmental obligations and establishing  the specific  of juridical personality; c attaching their actual composition of ecological relationship with clear fixation conditions onset environmental responsibilities of citizens; d filling gaps in environmental legislation governing these obligations; e the implementation of the interpretation of the law establishing environmental responsibilities; e creating the arrangement of application of general and special guarantees for implementation of the environmental responsibilities. Conclusions. Thus, in the present circumstances it is necessary to overcome imperfect and insufficient arrangement for regulation of environmental responsibilities. It is necessary to raise the level of legal culture and consciousness, to eliminate differences between environmental rights and obligations, to deduce clear boundaries for implementing environmental responsibilities, which will contribute to solve the abuse of the environmental rights as well as responsibilities.

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

Directory of Open Access Journals (Sweden)

Silvio Romero Beltrão

2015-04-01

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

LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

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Rodica Diana APAN

2014-06-01

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

Relationship Marketing in Legal Services Marketing Strategy

OpenAIRE

Audronė Androšiūnaitė; Borisas Melnikas

2013-01-01

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

Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

NARCIS (Netherlands)

Waddington, L.B.; Toepke, C

2014-01-01

Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a

The International Legal Personality of the Individual

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

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

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

Science.gov (United States)

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

2012-10-01

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

Relationship Marketing in Legal Services Marketing Strategy

Directory of Open Access Journals (Sweden)

Audronė Androšiūnaitė

2013-04-01

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

Physician alert: the legal risks associated with 'on-call' duties in the USA.

Science.gov (United States)

Paterick, Zachary R; Patel, Nachiket J; Paterick, Timothy Edward

2018-06-13

On-call physicians encounter a diverse aggregate of interfaces with sundry persons concerning patient care that may surface potential legal peril. The duties and obligations of an on-call physician, who must act as a fiduciary to all patients, create a myriad of circumstances where there is a risk of falling prey to legal ambiguities. The understanding of the doctor-patient relationship, the obligations of physicians under the Emergency Medical Treatment and Labor Act, the meaning of medical informed consent and the elements of negligence will help physicians avoid the legal risk associated with the various encounters of being on call. After introducing the legal concepts, we will explore the interactions that may put physicians at legal risk and outline how to mitigate that risk. Being on call is time consuming and arduous. While on call, physicians have a duty to act morally and ethically in the best interest of the patients. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

On the obligation to obey the law

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Zekavica Radomir G.

2016-01-01

Full Text Available The paper considers the question of a general obligation to obey the law. The author presents and analyzes the most significant views and arguments in support of the thesis that there is a general obligation to obey the law, as well as those understandings which are refuse this thesis. In concluding remarks the author presents a critical review of some key issues about general obligation to obey the law. In addition, the author outlines a hypothetical model of society and the legal system under which such an obligation is possible and has also asserted the basic assumptions and principles upon which it can be justified and reasonable. .

Civil Law Obligations in the Financial Law Regulations A seminar at the Faculty of Law and Administration, Torun, 24 March 2015

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Mirosław Bączyk

2015-06-01

Full Text Available The problem, which is examined in the study, is the legal way of creation of civil law obligations. Civil law obligations are created by civil law transactions (especially by contracts. There is the question, if civil law obligations can be created directly by the legal regulations? This issue is important for the legal and financial relations between the Treasury, local government and other legal persons.

18 CFR 367.22 - Accounting for asset retirement obligations.

Science.gov (United States)

2010-04-01

... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Accounting for asset... GAS ACT General Instructions § 367.22 Accounting for asset retirement obligations. (a) An asset... measurement changes to the initial liability for the legal obligation recorded in account 230, Asset...

POSTED WORKERS IN THE TRANSNATIONAL PROVISION OF SERVICES – TREATMENT AND OBLIGATIONS OF EMPLOYERS

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Mihaela Catană

2013-11-01

Full Text Available This study aims to clarify some issues concerning the rules applicable to posted workers within the framework of the transnational provision of services and obligations incumbent upon employers, both of those the post and the provision of services to beneficiaries , issues raises a number of practical problems with regard to the distinction in regulating the notion of posting, relative to the internal regulation of the Labour Code (Act 53/2003 - republished on the one hand and the European legislation by the other hand. Thus, the contractual relationships between the employer post their workers to perform work for the benefit of its contractual partner, must be very defined very clearly the relationships between employees and employer posted in Romania and that to which they are posted abroad and the obligations each of them. In preparing this paper were used qualitative and quantitative research methods specific depth research of legal sciences, the sociological method, deductive method on regulations, concepts and theories, comparative method. Expected results of the study consist of a summary of the main regulations, solutions and doctrinal views on the development of an suggestions of law, clarification of the regulations with significance implications for business, citizens in their capacity as workers and also for legal practitioners.

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

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Christopher Smith

2010-12-01

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

[Between obligation and duty--on deontological codes in medical professions].

Science.gov (United States)

Bartkowiak, Leszek E

2006-01-01

The social role of medical occupations is changing, along with their professional ethics. It could be argued that the role of ethical regulation (ethical codes) in these professions is diminishing. It could be due to ethical standards increasingly taking on character of legal norms. The notion of "moral obligation" is thus subject to transformation, as it progressively denotes legal duty, i.e., coercion. Legal validity of ethical standards is defined by lawyers. The continual tendency of occupational ethics to resemble rules of law may thus question the effect of ethical regulation in medical professions. The latter are performed not only because of official or economical compulsion but also because of moral obligation and the medic's desire to do well. The standing of occupational ethics in the work ofphysician, nurse and pharmacist is a prerequisite for maintaining the high social prestige of these professions.

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

Science.gov (United States)

Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

2018-04-01

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

Open disclosure: ethical, professional and legal obligations, and the way forward for regulation.

Science.gov (United States)

Finlay, Angus J F; Stewart, Cameron L; Parker, Malcolm

2013-05-06

Open disclosure (OD) after adverse health care events is the subject of a national standard that has been implemented in state health policy documents, and is included in the Medical Board of Australia's code of conduct for doctors. Nevertheless, doctors have been slow to embrace the practice of OD. There is a strong ethical case for implementing OD in the primary interests of patients, and additionally from a medicolegal risk management point of view. There are no statutory requirements in relation to OD, but common law judgments have imposed a duty of OD in tort and contract. There are a number of barriers to the better uptake and implementation of OD, including perceptions of legal risk, lack of education and training, reluctance to admit error, uncertainty concerning what and how much to disclose, and the variations in state and territory "apology laws". The implementation of OD could be improved by making apology laws consistent across jurisdictions, including providing "blanket" cover for admissions of fault; by preventing insurers voiding contracts when apologies are made, either through self-regulation or legislation; and by inserting OD obligations into different structures within the health system.

Family Obligations in Denmark

DEFF Research Database (Denmark)

Koch-Nielsen, Inger

How is the balance in obligations between the Family and the Danish Welfare State? Can we observe a trend to shift the responsibility back to the family? This booklet intends to sketch the legal framework around the division of responsibilities between the Family and the state and to analyse...... to what extent and where the unit of rights and obliagations is the individual and where it is the family or household....

The legal consequences of the breach of pre-emption right

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Martin Janků

2013-01-01

Full Text Available Pre-emption right may be agreed in the contract on sale as one of the collateral clauses. General rules concerning the pre-emption right are included in the Civil Code. These general rules apply in both the pre-emptive right stipulated in the contract between the parties (the contractual right of first refusal, as well as for pre-emptive right arising under the law (statutory right of first refusal. It can also be used in the field of commercial obligations. Generally speaking we can state that the legislation concerning the pre-emption rights is very austere, unsystematically arranged and therefore allowing for too broad interpretation with undefined limits. It means at the same time a considerable legal uncertainty in its application. Participants of the legal relationship may often find only subsequently through the case law in which cases the violation of pre-emption law occurred. The aim of this paper is to analyse individual cases of violation of pre-emptive rights, both pre-emptive right with effects of an obligation and pre-emptive rights with effects of right in rem.

On A Recent Theory of 'Legal Obligation'

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Bruno Leoni

2009-02-01

Full Text Available This paper, by the late Bruno Leoni, was originally published in the Italian journal Il Politico in 1966. In the article, Leoni reviews H.L.A. Hart’s The Concept of Law (1961. Hart first analyzes the concept of law by resorting to the classical concept of “obligation.” But he later tries a “fresh start” by resorting to the concept of “secondary rules.” In his review, Leoni argues that the former attempt is confronted with serious difficulties, and that the latter attempt (to which professor Hart possibly resorts in view of overcoming some of said difficulties is ultimately inconsistent with the former

Material obligations: Forms and content

International Nuclear Information System (INIS)

Johnson, L.

1998-01-01

This paper includes a detailed legal framework of the IAEA safeguards agreements, namely basic articles of the IAEA Statute, Treaty and Supply Agreement obligations and basic documents concerning decisions and practices of the Board of Governors. It describes as well the initiation process of the negotiation of safeguards agreements, contents comparison and implementation of the safeguards agreements, protocols to safeguards agreements, subsidiary arrangements, amendments and renegotiation documents

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

International Nuclear Information System (INIS)

Buehlmann, W.

2008-01-01

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

Controls Over Unliquidated Obligations in the Iraq Relief and Reconstruction Fund

National Research Council Canada - National Science Library

Bowen, Stuart W

2007-01-01

...) are the major recipients of IRRF funds. Obligations are recorded when an authorized agent of the federal government enters into a legally binding agreement to purchase specific goods or services...

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

Directory of Open Access Journals (Sweden)

Andrea M. Keessen

2008-12-01

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

LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

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Emilian CIONGARU

2014-05-01

Full Text Available Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.

Obligation of the host state to act transparently towards the foreign investor

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Đundić Petar M.

2016-01-01

Full Text Available Provisions on obligation of a host state to act transparently towards foreign investors increasingly often find their way into bilateral investment treaties. Their goal is to provide the investor with all information concerning the investment's legal framework and which he needs in order to make an informed decision with regard to his investment. Certain provisions on transparency are so broad in their scope that they demand from the host state to provide an investor with a possibility to participate in the process of adoption of a state measure that could affect his interest. On the other hand, in arbitral practice the obligation to act transparently is traditionally seen as one of the elements of the fair and equitable treatment standard, although the practice has not so far provided a clear answer as to what is the exact role of this element and what is its relationship with other elements of the standard. The paper contains an analysis of transparency provisions from bilateral investment treaties concluded by the Republic of Serbia. The second part of the paper is dedicated to analysis of arbitral awards in which tribunals considered the transparency obligation as a part of the fair and equitable treatment standard.

Free vs. Faithful – Towards Identifying the Relationship between Academic and Professional Criteria for Legal Translation

Directory of Open Access Journals (Sweden)

Mette Hjort-Pedersen

2016-12-01

Full Text Available For many years translation theorists have discussed the degree of translational freedom a legal translator has in rendering the meaning of a legal source text in a translation. Some believe that in order to achieve the communicative purpose, legal translators should focus on readability and bias their translation towards the target language community. Others insist that because of the special nature of legal texts and the sometimes binding force of legal translations, translators should stay as close to the source text as possible, i.e., bias their translation towards the source language community. But what is the relationship between these ‘academic’ observations and the way professional users and producers, i.e., lawyers and translators, think of legal translation? This article examines how actors on the Danish legal translation market view translational manoeuvres that result in a more or less close relationship between a legal source text and its translation, and also the translator’s power to decide what the nature of this relationship should be and how it should manifest itself in the translation.

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

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Muhammad Helmy Hakim

2016-05-01

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

Regular periodical public disclosure obligations of public companies

Directory of Open Access Journals (Sweden)

Marjanski Vladimir

2011-01-01

Full Text Available Public companies in the capacity of capital market participants have the obligation to inform the public on their legal and financial status, their general business operations, as well as on the issuance of securities and other financial instruments. Such obligations may be divided into two groups: The first group consists of regular periodical public disclosures, such as the publication of financial reports (annual, semi-annual and quarterly, and the management's reports on the public company's business operations. The second group comprises the obligation of occasional (ad hoc public disclosure. The thesis analyses the obligation of public companies to inform the public in course of their regular reporting. The new Capital Market Law based on two EU Directives (the Transparency Directive and the Directive on Public Disclosure of Inside Information and the Definition of Market Manipulation regulates such obligation of public companies in substantially more detail than the prior Law on the Market of Securities and Other Financial Instruments (hereinafter: ZTHV. Due to the above the ZTHV's provisions are compared to the new solutions within the domain of regular periodical disclosure of the Capital Market Law.

Legal capacity and biomedicine: Biomedical discrimination

Directory of Open Access Journals (Sweden)

Cvetić Radenka

2011-01-01

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

Medical confidentiality versus disclosure: Ethical and legal dilemmas.

LENUS (Irish Health Repository)

Agyapong, V I O

2009-02-01

A case is described of a fifty year old single man who made disclosures about criminal sexual practices during a psychiatric assessment. In common practice with other professional men, a doctor is under a duty not to disclose, without the consent of his patient, information which he has gained in his professional capacity other than in exceptional circumstances. We discuss the ethical and legal considerations surrounding issues of medical confidentiality and the dilemma that sometimes face clinicians, when they feel obliged, in the public interest, to disclose information they have gained in confidence. Breach of confidences can have deleterious consequences; particularly for the doctor-patient relationship, but failure to disclose in some situations could have serious implications for the well-being of the wider society. Doctors should be aware of the basic principles of confidentiality and the ethical and legal framework around which they are built.

DOING BUSINESS IN ROMANIA - PART II: THE PARADIGM OF THE (UNLIMITED LIABILITY OF THE ENTREPRENEUR FOR THE PROFESSIONAL OBLIGATIONS OF THE TYPES OF ENTITIES WITHOUT LEGAL PERSONALITY

Directory of Open Access Journals (Sweden)

Rodica Diana APAN

2014-12-01

Full Text Available The present study focuses on the analysis of the legal status of the affectation patrimony of the registered sole trader authorised to carry out trading activity as well as that of the simple partnership. Representing a distinct part of assets within the individual's own patrimony, the affectation patrimony attract the segregation of the professional creditors who can pursue the assets mainly for the professional obligations. But the effect of constituting the affectation patrimony is not that of preventing the creditors to pursue the other properties within the individual's own assets in the case where they have not been satiated from the affectation patrimony. We conclude that the patrimony of the persons that form a partnership from the individual type of business are exposed up to various degrees to be being pursued for the obligations towards the third parties.

Considerations regarding the creative intention in unilateral legal acts by deciding the separation of intention and consent

Directory of Open Access Journals (Sweden)

Aboul Hassan Mojtahed Soleimani

2016-12-01

Full Text Available In legal systems, the intention of people in certainty of legal performance plays the main role and the contracts & transaction attributes to persons' intention as the general & public principle. The people by their intention establish obligation & undertakings for themselves and others in the frame of contracts & unilateral obligations, in the realm of law to obtain the commitment force for his/her intention that causes establishing the commitments and the responsibilities of the peoples. The volition is consisted of intention & consent elements for establishing the commitment, in other words each of these elements, intention and consent are efficient in the situation of legal act through canceling or lack of legal act influence. The quality of this effecting and performance guaranty of the lack of each main conditions in certainty of the volition in the field of contracts have been considered and the rule in the field of contracts has been clarified in civil code but in unilateral obligations, in respect of unilateral obligations, there are some ambiguities in the role and clarifying basic conditions which these ambiguities are the results of leaving unsaid the many regulations about unilateral obligations in civil code by the jurisprudents and the legislators. In this article creative intention in unilateral obligations to be surveyed and it would be a step for clarifying the opposed and agreed views.

THEORETICAL ASPECTS REGARDING THE OBLIGATION AS PROVIDED BY THE ROMANIAN LEGISLATION AND THE DOCTRINE

Directory of Open Access Journals (Sweden)

Bogdan NAZAT

2015-07-01

Full Text Available Taking into consideration the latest amendments of the Romanian civil legislation performed through the Civil code of 2009, as further amended, I consider useful to provide the lecturers with a theoretical overview over one of the most important institution in our legal environment, i.e. the obligation. The analyse will start with an introduction comprising the definition of the obligation as provided by the Civil code aand the doctrina, will continue with the structure of the obligation and, further, will offer an overview of its sources, identifying, inter alia, the articles in the Civil code where such sources are regulated (e.g. contract, law. In the end, the paper will provide a doctrinaire classification of the obligation, outlining the main categories of the obligations.

Analysis - what is legal medicine?

Science.gov (United States)

Beran, Roy G

2008-04-01

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

The duty to consult and legal obligations

Energy Technology Data Exchange (ETDEWEB)

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

2002-07-01

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

To Love, Honor, and Obey? Traditional Legal Marriage and Alternative Family Forms

Science.gov (United States)

Weitzman, Lenore J.

1975-01-01

Legal obligations of spouses are examined in the first half of this article. The second half of the article examines explicit legal restrictions on alternative family forms--homosexual unions, communes, and egalitarian-partnership marriages. The final section reviews developments in the law which may provide increased legal protection for…

Legal regulation of home births

Directory of Open Access Journals (Sweden)

Baturan Luka O.

2015-01-01

Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

International obligations through collective rights: Moving from foreign health assistance to global health governance.

Science.gov (United States)

Meier, Benjamin Mason; Fox, Ashley M

2010-06-15

This article analyzes the growing chasm between international power and state responsibility in health rights, proposing an international legal framework for collective rights - rights that can reform international institutions and empower developing states to realize the determinants of health structured by global forces. With longstanding recognition that many developing state governments cannot realize the health of their peoples without international cooperation, scholars have increasingly sought to codify international obligations under the purview of an evolving human right to health, applying this rights-based approach as a foundational framework for reducing global health inequalities through foreign assistance. Yet the inherent limitations of the individual human rights framework stymie the right to health in impacting the global institutions that are most crucial for realizing underlying determinants of health through the strengthening of primary health care systems. Whereas the right to health has been advanced as an individual right to be realized by a state duty-bearer, the authors find that this limited, atomized right has proven insufficient to create accountability for international obligations in global health policy, enabling the deterioration of primary health care systems that lack the ability to address an expanding set of public health claims. For rights scholars to advance disease protection and health promotion through national primary health care systems - creating the international legal obligations necessary to spur development supportive of the public's health - the authors conclude that scholars must look beyond the individual right to health to create collective international legal obligations commensurate with a public health-centered approach to primary health care. Through the development and implementation of these collective health rights, states can address interconnected determinants of health within and across countries

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.

[The right to self-determination versus the obligation to protect one's health].

Science.gov (United States)

Höfling, Wolfram

2009-01-01

"Individual responsibility" and the abidance by any "health-related obligations" are key words of the present political and legal German healthcare debate. In the process of adjusting the German welfare state by focussing the ideal allocation of common health resources patients who do not meet their "health-related obligations" are thus expected to accept cutbacks in medical care services. However, from the perspective of constitutional law there is no "health-related obligation" deriving from the German constitution - the right to self-determination guaranteed in Art. 2 Sect. 2 Sent. 1 of the German constitution has not been amended to impose a corresponding duty. Hence, health-related obligations may only refer to indirect ways of exercising individual responsibility, no more and no less. The present article highlights the few possibilities which the German constitution provides for the implementation of "health-related obligations" and reminds us of the conceptual aspects which have to be considered by the legislator.

Litigation to execution in legal labour relationships. Study case

Directory of Open Access Journals (Sweden)

Dragos Lucian Radulescu

2016-06-01

common property or common goods. For the purposes of the foregoing ideas, the article details the mean of introduction the execution appeal for recovery of emoluments arising from a legal labour relationship. Creditor’s debt is represented by the financial rights related to the management function held in a public institution. Regarding the enforcement order it is the Decision of the Appeal Court by which the Debtor public institution is obliged to cover the material damage suffered by the Creditor civil servant, starting from the time of his dismissal from the management function until effectively reintegration on the same position. There are analysed the Debtor’s appeals requesting the annulment of execution acts issued by the Bailiff, and the execution itself, the appeal motivation, the defences of the parties in fact and in law, and the role of the Court during the course of the procedure.

Legal significance of environmental protection in foreign investments law

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Divljak Drago

2013-01-01

Full Text Available The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field is going to be the strengthening of the bond between international investments and environmental protection. It is insisted on the attitude that our law needs to approach adequately to the matter of legal valorization of the environmental protection issue. This requires the creating of a complex, coherent approach that should be based on adequate legal superstructure and amendments to the existing Law on Foreign Investments. The main direction of changes implies that the current obligation of foreign investors in this field should be raised onto a higher level and foreign investments should be placed in the function of accomplishing of the concept of sustainable development. However, such an approach has to be accompanied by appropriate mechanism of control and supervision in the given field, if its full effectiveness is to be achieved.

STL’UL NUP: LEGAL LANDSCAPES OF THE HUL’QUMI’NUM MUSTIMUHW

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Sarah Morales

2017-01-01

Full Text Available Landscape is a part of every individual’s sense of being.  However, one cannot deny the special relationships that Indigenous peoples maintain with places they have inhabited since the beginning of creation.  These places are deeply imbued with meaning, and are sites of personal and community identity.  In addition, these places are legal in nature.  They teach Indigenous people about their legal obligations – to each other, their ancestors and the natural world.  This paper examines the connection between land and law for the Hul’qumi’num Mustimuhw, a group of Island Hul’qumi’num speaking First Nations, located on southeastern Vancouver Island.  It discusses how lands within Indigenous territories can be transformed into legal landscapes, when considered in relation to place, time and experience.  It also examines specific legal landscapes within the Hul’qumi’num territory and explores the laws and regulations that reside within and flow from them.  Through this paper, one can gain insight into how these places inform the Hul’qumi’num lgal tradition and impart important teachings to the Hul’qumi’num Mustimuhw about the nature of their relationship and their obligations to particular places and inhabitants of those places.   Le paysage fait intrinsèquement partie de l’identité de chacun. Cependant, nul ne saurait nier les liens spéciaux que les peuples autochtones ont noués avec les endroits qu’ils habitent depuis le début de la création. Ces endroits revêtent un sens tout particulier pour eux et sont des lieux auxquels ils s’identifient, tant sur le plan personnel que sur le plan communautaire. De plus, ces endroits ont acquis une grande signification juridique. Ils enseignent aux Autochtones en quoi consistent leurs obligations juridiques envers eux-mêmes, envers leurs ancêtres et envers la nature. Dans ce texte, l’auteur se penche sur la relation qui existe entre le territoire et la loi pour

Shall we marry? Legal marriage as a commitment event in same-sex relationships.

Science.gov (United States)

Schecter, Ellen; Tracy, Allison J; Page, Konjit V; Luong, Gloria

2008-01-01

This study is a part of an exploratory study of 50 married and unmarried same-sex couples in Massachusetts conducted by the Wellesley Centers for Women following legalization of same-sex marriage in Massachusetts in 2004. This article examines whether and how legalization of same-sex marriage impacted same-sex partners' commitment to one another, presentation to others as a couple, and treatment as a couple by others. Roughly one-quarter of the couples studied chose not to mark their commitment with ceremonies of any kind, while nearly three-fourths of the couples had either commitment (non-legal) ceremonies, legal weddings, or both. While decisions to legally marry largely were based on gaining legal protections, unforeseen impacts on self and relationships with family, friends, and the larger society revealed multiple layers of meaning. Implications of the study for public policy and social change are discussed.

Novation as a method of termination of obligations

OpenAIRE

Perović Marko

2017-01-01

The paper presents an analysis of the issue of novation in contract law. Novation is a contract between the creditor and debtor in order to replace its existing obligation with a new one. Unlike the other methods of termination of obligations (e.g. fulfillment, compensation, remission of debt), novation extinguishes existing contractual relationship between the creditor and the debtor, so that among them arise a new contractual relationship, which in relation to the previous one, differs on t...

Post-trial obligations - DOI: 10.3395/reciis.v2.Sup1.210en

Directory of Open Access Journals (Sweden)

Doris Schroeder

2008-12-01

Full Text Available In its essence, post-trial obligations describe a duty by research sponsors to provide a successfully tested drug to research participants who took part in the relevant clinical trials after the trial has been concluded. In some instances, this duty is extended beyond the research participants. This article is divided into three main parts. The first part outlines the legal basis for post-trial obligations by looking at international guidelines, including those issued by the World Medical Association. National legislation is exemplified through resolutions and guidelines issued by Brazil and South Africa respectively. The second part analyses the ethical foundation for post-trial obligations, in particular the attempt to minimize exploitation of research subjects. The third part raises obstacles and challenges for the implementation of post-trial obligations. The jury is still out on whether post-trial obligations in the form of access to drugs for clinical trial participants is the best, or even a good way, to avoid exploitation in medical research.

STATE OBLIGATION ON VIRUS SAMPLE SHARING;FROM COMMON HERITAGE OF MANKIND TO STATE’S SOVEREIGN RIGHT

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Nurul Barizah

2015-06-01

Full Text Available The tradition of free international exchange of viruses have been developed by the World Health Organization (WHO probably based on the principle of “Common Heritage of Mankind”.  This tradition lead to legal uncertainty and unfairness in the movement of resources among states and provides an opportunity for developed countries to obtain easy access to viruses of developing countries. Then, International Law has introduced a new regime of “State’s Sovereign Right.” This research focuses on whether Member States have an obligation to share pathogen materials, including viruses for preventing global public health emergency, and whether WHO Collaborating Centers has a right to  share viruses to private sectors. It examines the reason why States should apply that principle. This research is normative legal research by using conceptual approach and  statute approach. This research finds that viruses are part of genetic resources under the meaning of CBD Convention. Accordingly, there is no state obligation under International Law to share it. However, if there is an international human rights obligation to share virus, there should also be an international human rights obligation to assure the access of affordability of drugs and vaccines. Thus, each state will have an equal obligation to enhance the global public health.Key Words : Intellectual Property, Virus Sample Sharing, Common Heritage of Mankind, and State’s Sovereign Right

Obligations to power supply and Antitrust Law of the European Community; Strombezugsverpflichtungen und EG-Kartellverbot

Energy Technology Data Exchange (ETDEWEB)

Lerch, Dirk

2008-07-01

In the European electricity supply industry, a change to competition-oriented national markets under development of a common European electricity market is observed for some years. Under this aspect, the author of the contribution under consideration reports on obligations to the current power supply and on the trust prohibition in the European Community. The contribution under consideration consists of the following three chapters: (a) Discussion of fundamental questions regarding to cartel legal evaluation of obligations to power supply; (b) Conditions of the art. 81 sect. 1 EEC and application to obligations for power supply; (c) Exemption from the obligation to power supply according to art. 1 sect. 3 EEC. In particular, the regulation of the group exemption for vertical agreements of 22nd December, 1999, is considered.

Legal Responsibilities and Contractual Obligations Imposed on a University by Its Catalog.

Science.gov (United States)

Peterson, Erlend D.

The college catalog is discussed with regard to its contractual obligations and applicable federal legislation, and court cases are examined. Historical developments, elements of a contract, and student rights are also addressed. It is suggested that although the university is contractually bound by its published policies and procedures, it can…

Conflict Resolution: The Relationship Between Air Force Public Affairs and Legal Functions

National Research Council Canada - National Science Library

Law, James

1998-01-01

.... This research examines the relationship between Air Force public affairs and legal functions to find out what conflict exists, how often it occurs, how it is resolved, what the results are for the...

Revising Sangiovanni's reciprocity-based internationalism: towards international egalitarian obligations

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Conor Heaney

2016-06-01

Full Text Available To whom do we owe obligations of socio-economic justice? How are such obligations generated? Internationalism denotes a range of approaches to these questions. This paper examines Andrea Sangiovanni's—an internationalist—response to these questions. Sangiovanni argues that we owe egalitarian obligations only to those in the state, and that egalitarian obligations are generated through relationships of ‘reciprocity’. His is a ‘reciprocity-based internationalism’ (RBI. RBI has two components—one normative and another empirical. In this paper, I will assume the normative component, but reject its empirical component. My rejection of the empirical component has normative implications for RBI, which generate egalitarian obligations beyond the state. In other words, my revision of RBI is an argument in favour of international egalitarian obligations not generated through cosmopolitanism, but through internationalism.

DEFINITION OF PUBLIC SERVICE OBLIGATION POTENTIAL IN THE NEW EU MEMBER STATES

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Martin HROMÁDKA

2017-04-01

Full Text Available This paper deals with public service obligation, a form of state aid that applies to air services. The paper first provides general information on the European legislation applying to this form of state aid, and elaborates the legal framework and general principles. The second part is dedicated to a comparison of a similar subsidizing programme in the USA and Australia. An examination of current imposed public service obligation routes in Europe is provided in the following section. The coefficients defining the number of imposed PSO routes per various geo-economic variables have been defined.

Legal aspects of transfrontier air pollution

International Nuclear Information System (INIS)

Rauschning, D.

1986-01-01

This contribution deals with the technical developments and the necessary adaptation of the legal and social systems in the various states. The author first discusses provisions of international law with regard to giving proof of environmental pollution caused by a neighbour state. He then deals with the legal aspects of long-distance air pollution. Finally, the Federal German substantial air pollution control law and relevant licensing provisions are taken as an example to show how the Federal Republic of Germany comes up to the obligations set by international law, to provide for due protection of the environment in neighbour states. (orig./HSCH) [de

The universal legal framework against nuclear terrorism

International Nuclear Information System (INIS)

Gehr, W.

2007-01-01

After the events of September 11, the United Nations Security Council adopted Resolution 1373 (2001) which has been called the 'Counter-Terrorism Code' of the world, because it creates legal obligations for all 192 Member States of the United Nations. UN Security Council Resolutions 1373 (2001), 1540 (2004) and 1735 (2006) as well as a defined set of 13 global treaties constitute the universal legal framework against terrorism which must be implemented in a manner consistent with international human rights obligations. Basically, these 13 treaties as well as Resolution 1373 are international criminal law instruments. Within this universal legal framework, the framework against nuclear terrorism is constituted by Resolution 1540, the Convention on the Physical Protection of Nuclear Material (CPPNM) which entered into force in 1987, and the International Convention for the Suppression of Terrorist Bombings which is in force since 2001. These three legal instruments will be supplemented by the International Convention for the Suppression of Acts of Nuclear Terrorism, an amendment to the CPPNM and two Protocols amending the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, once these instruments, all of which were adopted in 2005, enter into force. The Terrorism Prevention Branch (TPB) of the United Nations Office on Drugs and Crime (UNODC) assists countries which are in need of legislative assistance for the drafting of appropriate counter-terrorism laws that duly take into account the obligations contained in Resolution 1373, the United Nations sanctions against Al-Qaida and the Taliban as well as in the 13 universal conventions for the prevention and the suppression of terrorism, including the CPPNM and the new International Convention for the Suppression of Acts of Nuclear Terrorism. UNODC/TPB has also

Family obligation values as a protective and vulnerability factor among low-income adolescent girls.

Science.gov (United States)

Milan, Stephanie; Wortel, Sanne

2015-06-01

Adolescents' beliefs about family obligation often reflect cultural variations in their family context, and thus are important for understanding development among diverse youth. In this study, we test hypotheses about the role of family obligation values in risk behavior and mental health in a sample of 194 low-income adolescent girls (mean age = 15.2; 58% Latina, 28% African-American/Black). We hypothesized that family obligation values can be both a protective and vulnerability factor, depending on the type of outcome and the presence of other risk factors. Across the sample, higher family obligation values tended to occur with indicators of positive family functioning (e.g., more frequent communication, less maternal hostility) based on mother and adolescent reports. As hypothesized, family obligation values moderated the relationship between established risk factors and adjustment in distinct ways, such that high family obligation values decreased risk in some domains (i.e., a protective factor) but increased risk in other domains (i.e., a vulnerability factor). Specifically, high family obligation values diminished the relationship between peer norms for risky behavior (sex and substance use) and individual engagement in those behaviors. At the same time, high family obligation values magnified the relationship between exposure to negative life events and poor mental health (PTSD and depressive symptoms). The results suggest that family obligation is an important but complex aspect of development among diverse adolescent girls.

Family Obligation Values as a Protective and Vulnerability Factor among Low-Income Adolescent Girls

Science.gov (United States)

Milan, Stephanie; Wortel, Sanne

2014-01-01

Adolescents’ beliefs about family obligation often reflect cultural variations in their family context, and thus are important for understanding development among diverse youth. In this study, we test hypotheses about the role of family obligation values in risk behavior and mental health in a sample of 194 low-income adolescent girls (Mean age = 15.2; 58% Latina, 28% African-American/Black). We hypothesized that family obligation values can be both a protective and vulnerability factor, depending on the type of outcome and the presence of other risk factors. Across the sample, higher family obligation values tended to occur with indicators of positive family functioning (e.g., more frequent communication, less maternal hostility) based on mother and adolescent reports. As hypothesized, family obligation values moderated the relationship between established risk factors and adjustment in distinct ways, such that high family obligation values decreased risk in some domains (i.e., a protective factor) but increased risk in other domains (i.e., a vulnerability factor). Specifically, high family obligation values diminished the relationship between peer norms for risky behavior (sex and substance use) and individual engagement in those behaviors. At the same time, high family obligation values magnified the relationship between exposure to negative life events and poor mental health (PTSD and depressive symptoms). The results suggest that family obligation is an important but complex aspect of development among diverse adolescent girls. PMID:25351163

Legal and regulatory framework of Uranium's enrichment

International Nuclear Information System (INIS)

Antelo, Josefina; Figueredo, Micaela S.; Mangone, Gisela P.; Manin, Maria L.; Pota, Luciana F.

2009-01-01

The object of this paper is to develop the legal aspects referred to the activities of uranium's enrichment, in order to achieve the pacific use of nuclear energy and to obey treatments, agreements and international conventions in which Argentine is party and through them assumes the non proliferation's commitment. In this context, we will develop the rights and obligations established in those legal instruments, as well as the juridical concerns of the eventual subscription of Argentine to the Additional Protocol approved by the Board of Governors in 1997. (author)

Infidelity and the Possibility of a Liberal Legal Moralism

DEFF Research Database (Denmark)

Thaysen, Jens Damgaard

2017-01-01

This paper argues that according to the influential version of legal moralism presented by Moore infidelity should all-things-considered be criminalized. This is interesting because criminalizing infidelity is bound to be highly controversial and because Moore’s legal moralism is a prime example...... of a self-consciously liberal legal moralism, which aims to yield legislative implications that are quite similar to liberalism, while maintaining that morality as such should be legally enforced. Moore tries to make his theory yield such implications, first by claiming that the scope of our moral...... obligations is much more limited than legal moralists have traditionally claimed, and second by allowing for the possibility that the goodness of legally enforcing morality is often outweighed by the badness of limiting citizens’ morally valuable autonomy and spending scarce resources on enforcement. If Moore...

[Self endangerment to save life--competing Jewish legal and moral obligations].

Science.gov (United States)

Gesundheit, Benjamin; Zlotnick, Eitan; Wygoda, Michael; Rosenzweig, Joshua P; Steinberg, Avraham

2014-11-01

The obligation to help others often involves personal risk. Consequently, the scope and boundaries of this obligation can present a complex dilemma, which has practical and moral implications, even in the world of medicine. In Jewish medical ethics, the dilemma stems from a confrontation between the duty to help others according to the biblical commandment: "Do not stand idly by your fellow's blood" on the one hand, and between the right and duty of man to defend himself, which is anchored in Jewish law. This article surveys the sources of this quandary in Jewish texts throughout the ages such as the Bible, Mishnah, Talmud, and responsa literature in various contexts. The discussion highlights the essential difference between the formal demands of the law, which protects human rights of self-preservation, and the moral requirement to help others even if it may include personal risk. The sources suggest distinguishing between various levels of risk ranging from high-risk to reasonable or low risk. In this way, the classic sources, provide the foundation and the tools for grappling with modern contemporary Halachic questions such as organ transplantation, and generate a Torah value-based framework to deal with new situations that may arise in the future. It is critical to assess the level of risk and the chances for success, along with other subjective considerations, in order to ensure the optimal ethical course of action.

Considerations regarding the constitutional obligation determining the financing source for budgetary expenditures

Directory of Open Access Journals (Sweden)

Florentina Camelia Stoica

2016-12-01

Full Text Available This study examines the relation between constitutionality and opportunity in order to adopt regulations in matters of economy and finance. The analysis concerns in particular the regulation process on budgetary expenditures, respectively the constitutional obligation to indicate the source of financing for these expenses. The legal and jurisprudential landmarks identified are likely to reveal the delicate issues of balancing the concurring interests, as well as the constitutionalisation tendency of certain obligations imposed by the law of public finances and, respectively, the Fiscal Responsibility Law in the sense of transforming them into “constitutional criteria” through the application of Article 138 (5 of the Constitution.

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...

Newcomer Psychological Contracts and Employee Socialization Activities: Does Perceived Balance in Obligations Matter?

Science.gov (United States)

Payne, Stephanie C.; Culbertson, Satoris S.; Boswell, Wendy R.; Barger, Eric J.

2008-01-01

We sought to determine the extent to which one's beliefs about the relationship between an employee and an organization at the start of employment influence subsequent socialization activities. The balance of employee exchange relationships, employee perceptions of both their own obligations and the employers' obligations, were collected from 120…

Corporate environment protection as a legal problem

International Nuclear Information System (INIS)

Kloepfer, M.

1993-01-01

It is discussed what legal instruments companies have for integrating environment protection into their corporate policy: Industrial self-monitoring; the environmental health officer as an instrument of corporate environment protection (environmental health officer, radiation protection officer); obligations to disclose information on corporate organisation pursuant to Article 52 a of the Federal Emmission Control Act; corporate environment protection as a general obligation of the operator. Possible ways of strengthening corporate environment protection are considered de lege ferende, e.g. the additional instruments of corporate self-monitoring laid down in the General Part of the Environmental Code, audits on environment protection, corporate environment protection through quality assurance systems. (orig.) [de

Abstract legal effect of juridical acts in European and Serbian law

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Dudaš Atila

2012-01-01

Full Text Available In this paper the author gives an overview of the development from abstract to causal juridical acts and explains the abstract legal effect of juridical acts in present-day European civil law (in the law of Germany, Austria, Switzerland and France. He concludes that in contemporary law juridical acts cannot have full abstract legal effect, as in archaic legal orders, because modern legal orders do not allow the creation of claims and debts in a way that entirely excludes the possibility to scrutinize whether a juridical act is null and void for the infringement of public order by its aim. In relation to the law of Serbia, the author refers to the difference between juridical acts that create obligations, that is claims and debts, and acts by which the parties merely dispose of the claims and debts already imposed. This division of juridical acts has its origins in the German legal culture, but it is fairly applicable to the Serbian law, as well. The author points out that the requirement of the Law on obligations, that all juridical acts must have a valid cause, applies without exception to juridical acts imposing an obligation (the so-called Verpflichtungsgeschäfte, regardless of whether they are concluded in the form of an abstract of causal act, i.e. whether the purpose of the transaction is determinable from their content. In this context he refers to the standpoint adopted in the doctrine that the cause of juridical acts gains relevance by three means: by the agreement of the parties, objection of the respondent and when the court determines ex officio whether the contract is contrary to public order. The author supports the point of view that in Serbian law juridical acts aimed merely to disposing of claims and debts already imposed (the so-called Verfügungsgeschäfte may have a legal effect, which is independent from their cause. For these reasons, the author is of the opinion that in present-day legal orders, hence in Serbian law too

Noţiunea, caracterele juridice şi categoriile obligaţiei legale de întreţinere

Directory of Open Access Journals (Sweden)

Cebotari Valentina

2014-07-01

Full Text Available The concept, judicial character and the maintenance obligation categories The Family Code contains the principle according to which the family members are obliged morally and financially support each other. Being legal the maintenance obligation between family members form the most large institution of family law. The law provisions are permissive-imperatives which means that the members between which exist this kind of obligation can sigh an contract on alimony in which will be stipulated the size, conditions and manner of alimony payment but in case of lack of this contract the members will apply the imperative provisions of the law. Taking into account that in many cases between family members arise disputes the present article approaches the concept, legal character and the alimony categories in order to correctly apply the legislation by the practicing lawyers and to satisfy the interests of minor family members and those unable to work.

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

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Dmitriy E. Nekrasov

2014-09-01

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

The legal basis for nuclear waste disposal in Switzerland

International Nuclear Information System (INIS)

Egloff, V.

1981-10-01

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

CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

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Yuliya Nadtochey

2017-01-01

Full Text Available The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.The methodology of this research consists of universal methods (such as analysis, synthesis, comparison and jurisprudence-specific methods.In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.

In the Nick of Time: Proactive Prevention of Obligation Violations

DEFF Research Database (Denmark)

Basin, David; Debois, Søren; Hildebrandt, Thomas

2016-01-01

We present a system model, an enforcement mechanism, and a policy language for the proactive enforcement of timed provisions and obligations. Our approach improves upon existing formalisms in two ways: (1) we exploit the target system's existing functionality to avert policy violations proactively...... declaratively express timed provisions and obligations as causal relationships between events, and DCR states explicitly represent pending obligations. As key technical results, we show that enforceability of DCR policies is decidable, we give a sufficient polynomial time verifiable condition for a policy...... to be enforceable, and we give an algorithm for determining from a DCR state a sequence of actions that discharge impending obligations....

["Is there a doctor on board?" - legal aspects of medical care in emergency situations during spare time].

Science.gov (United States)

Lindner, Christina; Lindner, Gregor; Exadaktylos, Aristomenis K

2013-12-11

Medical emergencies on international flights are not uncommon. In these situations the question often arises whether physicians are obliged to render first aid and whether omission leads to legal consequences. The general obligation to aid those in need applies to everyone, not only to physicians. Evading this duty makes liable to prosecution for omittance of defence of a third person in line with Art. 128 of the Swiss Penal Code, punishable by custodial sentence up to three years or an equivalent punitive fine. Vocational and professional law extend the duty to aid for physicians to urgent cases. Although resulting from the performance of a legal obligation, malpractice occurred in the course of first aid can lead to claims for compensation - even from foreign patients, and that according to their own domestic law.

LEGAL ENVIRONMENT FOR B2B CROSS-BORDER SALES BETWEEN CISG AND CESL

Directory of Open Access Journals (Sweden)

Charlotte Ene

2015-11-01

Full Text Available The main purpose of the Proposal for a Regulation on a Common European Sales Law (CESL is to establish “a comprehensive set of uniform contract law rules covering the whole life -cycle of a contract” In the field of B2B transaction, the CESL, a regional legal provision, seems to bear several similarities with the United Nations Convention on Contracts for the International Sale of Goods (CISG of 1980. This paper will examine the relationship between both legal instrument for uniformisation of sales law at regional and global leve l. Thus, it will compare the provisions regarding the major aspects of the commercial sale contract, such as: the objectives, the scope of application, the formation of contract, the rights and obligations of the parties, and the conflict of laws problem, as well. In the end, it will be analyzed whether the CESL offer better solutions than those already found in the CISG in order to stimulate the cross-border sales.

Parental responses to child support obligations

DEFF Research Database (Denmark)

Rossin-Slater, Maya; Wüst, Miriam

find that larger obligations are associated with higher new-partner fertility among both parents. The maternal fertility response is consistent with a positive income-fertility relationship, while the paternal fertility response may reflect increased demand for new offspring as a result of reduced...

[The future of the obligation to be vaccinated: legal aspects].

Science.gov (United States)

Truchet, Didier

2010-01-01

Under French law, the authorities have the right to make some vaccinations obligatory, to recommend others, or simply to allow individuals to decide whether they or their children should be vaccinated. These political decisions must balance the public good against individual freedoms, and are more a question of pragmatism than of legality. In each situation, politicians and judges are faced with difficult issues of liability.

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

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Vuksanović Draginja

2017-01-01

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

From a pluralism of grounds to proto-legal relations: accounting for the grounds of obligations of justice

OpenAIRE

Pavlakos, Georgios

2017-01-01

In this paper I discuss critically Mathias Risse's paper “Responsibility and Global Justice.” First, I argue that for Risse's pluralist account of the grounds of justice to hold together, there is need to presuppose a monist standpoint which ultimately contributes to grounding principles of justice. Second, I point out that Risse's understanding of obligations of accountability and justification is rather narrow in that it functions as an addendum to obligations of justice. Conversely, I will...

Obliging children.

Science.gov (United States)

Lyons, Barry

2011-01-01

Children may sometimes undergo healthcare procedures that are not intended to improve their health status. Such interventions might include the use of young children as bone marrow donors or their enrolment in non-therapeutic research. One of the justifications used to legitimise these interventions is the premise that children have obligations to others; to their family in the case of related bone marrow transplantation, and to wider society in the case of non-therapeutic research. However, this 'obligation model' (the notion that children possess positive obligations to advance the health status of others) fails as a justificatory paradigm because it is based upon a confusion, identified by Hart, between two notions; that of 'being under an obligation to do something' and that of 'being obliged to do something'. Instead the 'obligation model' is a device employed to put a justificatory gloss upon a consequentialist decision-making process; removing the legitimising gloss allows for a more transparent look at the conflict between parental rights and an individual child's right to bodily integrity.

The essential elements and the legal structure of master franchise agreement: How to draft a good contract?

Directory of Open Access Journals (Sweden)

Kerković-Milenković Tamara

2010-01-01

Full Text Available The creation of the draft and other legal documents in franchising transaction emanates the one of the most stressful challenge for the civil law lawyer. There are many reasons which create big obstacles in process of successfully drafting master franchise agreement. One of the main difficulties faced by the parties engaged in international trade is the lack of uniformed rules for the franchising agreement as well as franchising being anonymous contract in the most of legal systems of the world. Besides that, the franchise (emanating goodwill as the legal object of the franchising agreement is sui generis and fluid derives from the various numbers of rights and licence simmilar to right, such as trade names, trade marks and the shop signs, logos, utility models, designs, copyrights, know-how, etc. The legal structure of the mutual rights and obligations of the parties is extremely sophisticated not only because of the big number of obligations but because of their varieties and complexity. In most of the legal systems of common law as well as in the civil law countries the master franchise contract is not regulated neither with mandatory nor through dispositive norms of relationship laws but at the same time the franchise arrangements are subjected to a considerable number of laws and regulations from different areas of law, majority of which are regulated domestically and at the same time also at international legal context. Those areas of law are general contract law, agency law, leasing and security interests, intelectual property and competiton law, corporate law, insurance and labore law, consumer protection and product liability legislation and always important industry specific laws. In interantional legal practice there are many so-called template franchise agreement which are prepared from the franchisor in advance regulating all possible predictable legal solution and legislation. But, it is advisable for the civil law lawyer to treat

LEGAL SECURITY ON CELLPHONE TRADING THROUGH ELECTRONIC MEDIA IN INDONESIA

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Aan Aswari

2017-05-01

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

Affirmation of the Legal Status of Taxpayers in Montenegro

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Božović Srđa

2016-09-01

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

The Obligation to Provide Free Basic Education in South Africa: An International Law Perspective

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L Arendse

2011-10-01

Full Text Available In South Africa many learners are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to provide free primary education. This article examines the exact nature and extent of this obligation by exploring the concept of "free" basic education. The applicable international instruments and their interpretation as well as the significance of the right to education as a central, facilitative right are examined in order to establish the content of the right to basic education and the legal obligations that ensue. Against this background, the implications of the South African Constitutional Court's approach to the realisation of socio-economic rights and the possibility of the establishment of a core minimum obligation are analysed. It is argued that learners in South Africa may come from different socio-economic backgrounds but as learners in the same public school domain and as equal bearers of their constitutional right to basic education all of them are entitled to the same type and quality of free basic education.

Power and control in the legal system: from marriage/relationship to divorce and custody.

Science.gov (United States)

Watson, Laurel B; Ancis, Julie R

2013-02-01

The purpose of this study was to examine the ways in which abuse that occurred during marriage/relationship continued within divorce and custody-related legal proceedings. Twenty-seven women participated in semistructured interviews. Interviews were analyzed utilizing a grounded theory approach in order to inductively arrive at a theory explaining how abuse dynamics may continue during legal proceedings. Participants identified child support litigation, custody and visitation battles, intimidation/harassment, deliberately prolonging the case, manipulating finances, and distortions of information as methods by which their exes sought to maintain power and control. Counseling implications are described.

The Reach of the Arbitration Agreement to Parties involved in the Same Legal Relationship

Directory of Open Access Journals (Sweden)

Felipe Vollbrecht Sperandio

2012-07-01

Full Text Available Complex legal relationships may involve a net of companies, linked to each other by several autonomous contracts, performing works and services towards a single project. If disputes arise, resolving each of them independently may result in incompatible decisions, situation which could hinder the project outcome. Therefore, it might be recommended to resolve these disputes into multi-party proceedings or multiple proceedings before the same arbitral tribunal. In order to achieve the purpose, the proper legal instruments shall be identified and, based on these; a contractual framework has to be tailored.

The Principle of Will Autonomy in the Obligatory Law

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MA. Shyhrete Kastrati

2015-06-01

Full Text Available The principle of autonomy of will is legislated with the Article 2 of the Law no. 04/L–077 on Obligational Relationships1, thereby providing the legal grounds for the regulation of legal relations between parties in obligational relationship. This study aims to provide a contribution to the theory and practice, and also aims at providing a modest contribution to the obligational law doctrine in Kosovo. The purpose of the paper is to explore the gaps and weaknesses in practical implementation of the principle, which represents the main pillar of obligational law. In this paper, combined methods were used, including research and descriptive methods, analysis and synthesis, comparative and normative methods. The exploration method was used throughout the paper, and entails the collection of hard-copy and electronic materials. The descriptive method implies a description of concepts, important thoughts of legal science, and in this case, on the principle of autonomy of will, thereby using literature of various authors. The analytical and synthetic methodology is aimed at achieving the study objectives, the recognition of the principle of autonomy of will, practical implementation thereof, and conclusions. The comparative method was applied in comparing the implementation of the principle in the Law on Obligational Relationships of Kosovo and the Law on Obligational Relationships of the former Socialist Federal Republic of Kosovo, and the Civil Code of the Republic of Albania. The normative method was necessary, since the topic of the study is about legal norms.

Resolving legal, ethical, and human rights challenges in HIV vaccine research.

Science.gov (United States)

Patterson, D

2000-01-01

In the absence of a cure for AIDS, attention has turned to the possibility of developing a preventive vaccine for HIV infection. Yet many scientific, ethical, legal, and economic obstacles remain. At the current rate, the development and production of an effective vaccine could take 15 to 20 years or longer. If tens of millions more HIV infections and deaths are to be avoided in the coming decades, vaccine research needs to be greatly expedited. Furthermore, it must be undertaken ethically, and the products of this research must benefit people in developing countries. This article, an edited and updated version of a paper presented at "Putting Third First," addresses challenges arising in HIV preventive vaccine research in developing countries. It does not address clinical research in developing countries relating to treatments or therapeutic vaccines. Nor does it address legal and ethical issues relating to HIV vaccine research in industrialized countries, although similar issues arise in both contexts. The article concludes that while ethical codes are silent on the obligation to undertake research and development, international law provides strong legal obligations--particularly with regard to industrialized states--that should be invoked to accelerate HIV vaccine development, and distribution.

On the legal nature of electricity supply contracts concluded by electricity companies and power stations generating electricity from renewable energy sources

International Nuclear Information System (INIS)

Herrmann, B.J.

1998-01-01

Section 2 of the German Act for enhanced use of electricity from renewable energy sources (StEG) defines the obligation to contract but not the contractual obligations, i.e. the conditions of performance of the contract (supply and purchase of electricity and the legal obligations of contractors). The analysis here shows that characterising this mandatory contract required by the act as an agreement of purchase and sale more appropriately describes the legal nature of the contract and the intent of the legislator than other contracts for supply and purchase of electricity, as for instance those concluded by electric utilities and their customers. One specific aspect elaborated by the author is that the StEG does not constitute an obligation to supply on the part of the renewable energy generating power station, so that the power station operator is not obliged to ensure availability of the electricity at any time or in terms of supplies that can be called off by the purchasing utility, whereas the electric utility is obliged by section 2 of the StEG to purchase the contractual amounts from the generating station. (orig./CB) [de

Liability versus innovation: the legal case for regenerative medicine.

Science.gov (United States)

Keren-Paz, Tsachi; El Haj, Alicia J

2014-10-01

Medical innovation occupies a position somewhere between standard practice and clinical research, but innovation is primarily intended to benefit an individual patient where standard treatment fails. Medical innovations in the area of regenerative medicine have the potential to completely transform medical practice, but rely upon some major revision to the nature of treatments beyond drug-based therapies. There is considerable investment in scientific and clinical research, but further attention could be paid to legal barriers to medical innovation imposed by the threat of medical malpractice. We survey in this article the legal framework for making determinations of medical malpractice in general, and highlight the issues specific to innovative treatments. In essence, liability could be imposed for failing to adequately inform the patient about the innovative nature of the suggested therapy or based on the fact that the risks outweighed the benefits. As for the latter, we examine whether liability is likely to be based merely on deviating from existing practice or on an examination on the merits of the treatments' risks and benefits. The facts that some risks are unforeseeable and some benefits are external to the patient complicate negligence determinations. The first fact relates to the problem of judging adverse events in hindsight; the second, to the obligation to make decisions based on the patient's best interest and avoid conflict of interests. In addition, we evaluate the relationship between the obligations to secure the patient's informed consent and to avoid clinical negligence. We identify the need for further research to examine the significance of the putative anti-innovation bias that current liability regimen has, and to examine whether a move to strict liability might avoid such bias, while being fair to patients who contribute for the advancement of medical knowledge by participating in innovative therapies.

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.

Abandonment (field decommissioning): The legal requirements

International Nuclear Information System (INIS)

Roberts, M.

1994-01-01

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

Legal briefing: conscience clauses and conscientious refusal.

Science.gov (United States)

Pope, Thaddeus Mason

2010-01-01

This issue's "Legal Briefing" column covers legal developments pertaining to conscience clauses and conscientious refusal. Not only has this topic been the subject of recent articles in this journal, but it has also been the subject of numerous public and professional discussions. Over the past several months, conscientious refusal disputes have had an unusually high profile not only in courthouses, but also in legislative and regulatory halls across the United States. Healthcare providers' own moral beliefs have been obstructing and are expected to increasingly obstruct patients' access to medical services. For example, some providers, on ethical or moral grounds, have denied: (1) sterilization procedures to pregnant patients, (2) pain medications in end-of-life situations, and (3) information about emergency contraception to rape victims. On the other hand, many healthcare providers have been forced to provide medical treatment that is inconsistent with their moral beliefs. There are two fundamental types of conscientious objection laws. First, there are laws that permit healthcare workers to refuse providing - on ethical, moral, or religious grounds healthcare services that they might otherwise have a legal or employer-mandated obligation to provide. Second, there are laws directed at forcing healthcare workers to provide services to which they might have ethical, moral, or religious objections. Both types of laws are rarely comprehensive, but instead target: (1) certain types of healthcare providers, (2) specific categories of healthcare services, (3) specific patient circumstances, and (4) certain conditions under which a right or obligation is triggered. For the sake of clarity, I have grouped recent legal developments concerning conscientious refusal into eight categories: 1. Abortion: right to refuse 2. Abortion: duty to provide 3. Contraception: right to refuse 4. Contraception: duty to provide 5. Sterilization: right to refuse 6. Fertility, HIV, vaccines

[Control of the legal practice of euthanasia in Belgium].

Science.gov (United States)

Englert, M

2015-01-01

The Belgian law legalizing euthanasia under strict conditions came into effect September 22, 2002. Any physician performing euthanasia has to complete a registration document and to send it within four days to a federal commission whose mission is to verify that the legal conditions were fulfilled. From September 22, 2002 to December 31, 2013, 8.767 documents have been registered and analyzed by this commission. They are described in six reports referred to Parliament. The present paper analyzes the work of this commission and answers the criticisms concerning its quality and its efficiency. The allegations that clandestine euthanasia's escaping any control are performed are also discussed. In conclusion, it appears that the legal obligations concerning the practice of euthanasia in Belgium are fully effective.

THE LEGAL CAPACITY TO TRADE

OpenAIRE

ADELIN UNGUREANU

2014-01-01

Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...

The Rights of Undocumented Mexicans in the United States after "Plyler v. Doe": A Sketch of Moral and Legal Issues.

Science.gov (United States)

Garcia y Griego, Manuel

1986-01-01

Analyzes moral and legal obligations the U.S. has toward undocumented Mexicans in the U.S. Reviews past cases and draws implications regarding the nature and extent of such obligations. Discusses several court decisions regarding the rights of undocumented migrants. Provides an overview of trends in Mexican-US migration. (MD)

The relationship dynamics between legal positivism and the divisions of law, analyzed from a systemic perspective

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. Butculescu

2016-12-01

Full Text Available This article is studying the dynamics of the relationship between legal positivism and the two divisions of law, respectively private law and public law. Legal positivism, envisions concepts of human intervention in the creation and application of the law, and so it finds application in both public law and private law. However, in private law, there are several principles which can be deduced from the doctrine of natural law, such as substitution, reversibility and others. To the contrary, in public law, legal positivism is all present, manifesting itself in all its branches. It is not, however, an exclusive presence, because there is a balance between natural law and legal positivism in each of the divisions of law. The two orientations of law, namely natural law and legal positivism coexist in each of the divisions and branches of the law, but with a different structure, dynamic or static, depending on specific branches of law. This paper presents in an analytical manner, the static and dynamic manifestations of legal positivism within the framework of the two divisions of law, namely private law and public law.

Cyber-Dilemmas in the New Millennium: School Obligations to Provide Student Safety in a Virtual School Environment

Science.gov (United States)

Shariff, Shaheen

2005-01-01

Cyber-bullying is a psychologically devastating form of social cruelty among adolescents. This paper reviews the current policy vacuum as it relates to the legal obligations and reasonable expectations of schools to monitor and supervise on-line discourse, while balancing student safety, education, and interaction in virtual space. The paper opens…

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

Science.gov (United States)

Hyman, A

1996-01-01

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

The first record of a trans-oceanic sister-group relationship between obligate vertebrate troglobites.

Directory of Open Access Journals (Sweden)

Prosanta Chakrabarty

Full Text Available We show using the most complete phylogeny of one of the most species-rich orders of vertebrates (Gobiiformes, and calibrations from the rich fossil record of teleost fishes, that the genus Typhleotris, endemic to subterranean karst habitats in southwestern Madagascar, is the sister group to Milyeringa, endemic to similar subterranean systems in northwestern Australia. Both groups are eyeless, and our phylogenetic and biogeographic results show that these obligate cave fishes now found on opposite ends of the Indian Ocean (separated by nearly 7,000 km are each others closest relatives and owe their origins to the break up of the southern supercontinent, Gondwana, at the end of the Cretaceous period. Trans-oceanic sister-group relationships are otherwise unknown between blind, cave-adapted vertebrates and our results provide an extraordinary case of Gondwanan vicariance.

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

Directory of Open Access Journals (Sweden)

Wallace Fabrício Paiva Souza

2015-12-01

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

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

From Law to Paradise: Confessional Catholicism and Legal Scholarship

Directory of Open Access Journals (Sweden)

Wim Decock

2011-01-01

Full Text Available This paper is a prolegomenon to further study of the intensified relationship between law and moral theology in early modern times. In a period characterized by a growing anxiety for the salvation of the soul (»Confessional Catholicism«, a vast literature for confessors, which became increasingly juridical in nature, saw the light between roughly 1550 and 1650. By focussing on some of the most important Jesuit canonists and moral theologians, this article first seeks to explain why jurisprudence became regarded as an indispensable tool to solve moral problems. While Romano-canon law showed its merits as an instrument of precision to come to grips with concrete qualms of conscience, with the passing of time it also became studied for its own sake. The second part of this paper, therefore, illustrates how the legal tradition, particularly with regard to the law of obligations, was reshaped in the treatises of the moral theologians.

KEADILAN DALAM HUBUNGAN HUKUM ANTARA DOSEN PERGURUAN TINGGI SWASTA DENGAN BADAN PENYELENGGARA PERGURUAN TINGGI

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Miftakhul Huda

2017-09-01

Full Text Available The position of the lecturer as a professional educator who runs the college tridharma causes the legal relationship of the lecturer of Private Higher Education with the Private University Administration Board to have its own distinct characteristic from the legal relationship in the labor law which is characterized by a limited relationship or sub-ordinate (dienstverhovding Which characterizes the relationship between the government/the authorities and the people. The construction of these different legal relationships causes the courts in Indonesia to have no strong foothold regarding the absolute authority to adjudicate disputes or disputes arising in the legal relations of Private University lecturers with the Private University Organizing Body. Thus, it is necessary to create a new concept of legal relationship in parallel position whose basic rights and obligations are determined by the Law because the implementation of education should be the obligation of the government so that the people who assist its implementation should be given optimal protection both in terms of freedom of academic pulpit and welfare protection of lecturers

Considerations on post-production obligations in terms of Atomic Energy Law

International Nuclear Information System (INIS)

Rebentisch, M.

1992-01-01

The article describes and evaluates the laws concerning the decommissioning and dismantling of nuclear power plants and offers suggestions for possible new regulations. The contribution examines fundamental legal aspects, the instrumentalization of post-production obligations in terms of atomic energy laws, especially the question as to how to bring the Atomic Energy Law into accord with the Federal Emission Control Law within the realm of decommissioning laws, licences for safe confinement and dismantling of a plant, and in addition questions on making financial provisions for decommissioning. (orig./HSCH) [de

Comparison between legal regulations on radiation protection issued by two governmental bodies

International Nuclear Information System (INIS)

Jonchev, L.

1996-01-01

Legal problems evolving from the equivalence of the rights and obligations of two Bulgarian governmental regulatory bodies: the Ministry of Health and the Committee on the Use of Atomic Energy for Peaceful Purposes (CUAEPP) are discussed. The adequate texts in the legal regulations showing some contradictory and conflicting topics are considered. Special attention is paid to the issues of licensing and regulatory responsibilities of both organizations as well as liquidation of accident consequences. Some proposals for elimination of the discrepancies in those documents are given. 8 refs. (author)

THE LEGAL CAPACITY TO TRADE

Directory of Open Access Journals (Sweden)

ADELIN UNGUREANU

2014-12-01

Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.

The Fundamental Human Right to Education for Refugees: Some Legal Remarks

Science.gov (United States)

Willems, Kurt; Vernimmen, Jonas

2018-01-01

The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those…

Legal liability and claims for the hotel industry

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Dimcho Todorov

2017-10-01

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

Legal assumptions for private company claim for additional (supplementary payment

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Šogorov Stevan

2011-01-01

Full Text Available Subject matter of analyze in this article are legal assumptions which must be met in order to enable private company to call for additional payment. After introductory remarks discussion is focused on existence of provisions regarding additional payment in formation contract, or in shareholders meeting general resolution, as starting point for company's claim. Second assumption is concrete resolution of shareholders meeting which creates individual obligations for additional payments. Third assumption is defined as distinctness regarding sum of payment and due date. Sending of claim by relevant company body is set as fourth legal assumption for realization of company's right to claim additional payments from member of private company.

THE RIGHTS AND OBLIGATIONS OF THE MAIN STAKEHOLDERS IN CLOUD COMPUTING SERVICES

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Marioara Maxim

2015-11-01

Full Text Available The current technological progress triggers a new approach in the way the personal data are collected, processed or stored, by a multitude of data controllers or processors involved in the chain of trophic relations in the delivering of cloud computing services. In this circumstances, it is our objective to examine the rights and obligations of the contractual parties involved in the cloud computing agreements according to the European Union law and national legislation, and their legal consequences for the data subjects.

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

Science.gov (United States)

Gaggioli, Gloria

2018-01-01

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

Institutional obligation

International Nuclear Information System (INIS)

Rowan, S.S.; Berwager, S.D.

1988-01-01

The institutional obligation is to act to meet primary responsibilities in the face of risks. There are risks involved in taking action, both of a quantifiable and unquantifiable nature. This paper explores weighing the risks, choosing approaches that balance primary obligations with broader ones, and presenting ethical philosophies upon which policies and strategies are based. Federal government organizations and utilities--and Bonneville Power Administration qualifies as both--have a variety of responsibilities to the public they serve. The common responsibility is that of service; for Bonneville the primary responsibility is to serve the energy related needs. It is this primary institutional obligation, as it relates to other responsibilities--and the resulting strategy for handling indoor air quality in Bonneville's new homes program--that this paper examines

LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

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Edina Šehrić

2016-09-01

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

Legal problems of nuclear fuel reprocessing

International Nuclear Information System (INIS)

Rossnagel, A.

1987-01-01

The contributions in this book are intended to exemplify the legal situation in connection with the reprocessing of spent nuclear fuel from the point of view of constitutional law, administrative law, and international law. Outline solutions are presented with regard to ensuring health, personal freedom, democratic rights and other rights, and are discussed. The author Rossnagel investigates whether the principle of essential matter can guarantee a parliamentary prerogative concerning this field of large-scale technology. The author Schmidt shows that there is no legal obligation of commitment to a reprocessing technology that would exclude research for or application of a less hazardous technology. The contribution by Baumann explains the problems presented by a technology not yet developed to maturity with regard to the outline approval of the technological concept, which is a prerequisite of any partial licence to be issued. The final contribution by Guendling investigates the duties under international law, as for instance transfrontier information, consultation, and legal protection, and how these duties can be better put into practice in order to comply the seriousness of the hazards involved in nuclear fuel reprocessing. (orig./HP) [de

Family Obligations in Micronesian Cultures: Implications for Educators

Science.gov (United States)

Ratliffe, Katherine T.

2010-01-01

Micronesian people, a new group of immigrants to the USA, have a strong system of responsibilities to family members that guides their priorities and actions. When family obligations clash with school priorities, conflicts can occur. I interviewed 26 adults to learn about the relationships and responsibilities of family members to each other in…

OBVEZNOPRAVNI ODNOS STJECANJA BEZ OSNOVE

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Jelena Uzelac

2015-12-01

Full Text Available Gains without legal foundation with new damages, unwarranted business conducts, public promissory of rewards and some securities are all part of the extra contractual legal obligations. For the creation of extra contractual relationships it is not necessary to have consent from both sides, the extra contractual relationships are created by certain facts (acts, statuses, characteristics which are legally binding. The extra contractual gains are considered extra contractual legally binding relationships based on which the acquirer is obligated to return or refund a portion of the property or property rights which he has gained without legally based grounds, on grounds which did not materialize or on grounds which became null and void. The generally accepted assumptions for the creation of the extra contractual legal obligations are • one sided property increase • one sided property decrease • causal relationship between property increase and property decrease • lack of legally binding foundation • action which caused the change in the property should not be harmful The legal suit demanding return of the extra contractual property is called condiction. There are several ways to gain property without legal grounds and those are: 1 non-debt payment (condictio indebiti 2 gains on the grounds which have not materialized (condictio causa dana, causa non secuta 3 gains based on the grounds which became null and void (condictio ob causam finitam 4 using property for another’s gain 5 using other’s property for self gain 6 expenditure for another. Acquirer has to return the property gained. Exceptionally in case the property return is not possible, the acquirer has to return the property equivalent. Apart from the return of the property, possible income on the property and interest have to be repaid as well, however in this case conscientiousness and malpractice acquirer is taken into account. In the Obligations Act the part about condiction

Manipulation of Host Cholesterol by Obligate Intracellular Bacteria

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Dhritiman Samanta

2017-05-01

Full Text Available Cholesterol is a multifunctional lipid that plays important metabolic and structural roles in the eukaryotic cell. Despite having diverse lifestyles, the obligate intracellular bacterial pathogens Chlamydia, Coxiella, Anaplasma, Ehrlichia, and Rickettsia all target cholesterol during host cell colonization as a potential source of membrane, as well as a means to manipulate host cell signaling and trafficking. To promote host cell entry, these pathogens utilize cholesterol-rich microdomains known as lipid rafts, which serve as organizational and functional platforms for host signaling pathways involved in phagocytosis. Once a pathogen gains entrance to the intracellular space, it can manipulate host cholesterol trafficking pathways to access nutrient-rich vesicles or acquire membrane components for the bacteria or bacteria-containing vacuole. To acquire cholesterol, these pathogens specifically target host cholesterol metabolism, uptake, efflux, and storage. In this review, we examine the strategies obligate intracellular bacterial pathogens employ to manipulate cholesterol during host cell colonization. Understanding how obligate intracellular pathogens target and use host cholesterol provides critical insight into the host-pathogen relationship.

Legal and ethical obligations to conduct a clinical drug trial in Australia as an investigator initiated and sponsored study for an overseas pharmaceutical company.

Science.gov (United States)

Beran, Roy G

2004-01-01

Most multi-centre trials are both financed and sponsored by the pharmaceutical company involved. What follows will map the path adopted for an investigator initiated and sponsored study for a new indication of an established medication. The chief investigators of a company-sponsored, investigator-initiated, multi-centre, placebo-controlled study of an established medication, Pharmaceutical Benefit Scheme (PBS) listed for treatment of one condition but trialled in the management of another condition (trial of off-label use), were approached to submit a protocol to repeat the type of study with a different compound. The new study would test a different agent, also PBS listed, for the same condition as in the initial study and with the same off-licence application. The company would finance the study, provide the medication and matched placebo but only review the investigator-initiated protocol which would be sponsored by the principal investigator. This required the investigator to implement the trial, as would normally be done by the pharmaceutical company, yet also act as its principal investigator. The principal investigator, with colleagues and a Clinical Research Organisation (CRO), developed a protocol, adapted for the new agent, and submitted it for approval. Upon acceptance a contract was negotiated with the pharmaceutical company which had to overcome jurisdictional conflicts between common law and civil law legal systems. A CRO was contracted to undertake administrative functions which dictated special contractual agreements to overcome possible conflicts of interest for a sponsor/investigator to protect patient interests. There was need to find indemnification insurance with jurisdictional problems, co-investigators, ethics committee approvals and finance management as just some of the difficulties encountered. The paper will outline how these obstacles were overcome and how ethical and legal issues were respected through compromise. The ethical and legal

Informed consent: a socio-legal study.

Science.gov (United States)

Rathor, M Y; Rani, Mohammad Fauzi Abdul; Shah, Azarisman Mohammad; Akter, Sheikh Fariuddin

2011-12-01

Informed consent [IC] is a recognized socio-legal obligation for the medical profession. The doctrine of IC involves the law, which aims to ensure the lawfulness of health assistance and tends to reflect the concept of autonomy of the person requiring and requesting medical and/or surgical treatment. Recent changes in the health care delivery system and the complex sociological settings, in which it is practiced, have resulted in an increase in judicial activity and medical negligence lawsuits for physicians. While IC is a well-established practice, it often fails to meet its stated purpose. In the common law, the standard of medical care to disclose risks has been laid down by the Bolam test- a familiar concept to most physicians, but it has been challenged recently in many jurisdictions. This paper aims to discuss some important judgments in cases of alleged medical negligence so as to familiarize doctors regarding their socio-legal obligations. We also propose to discuss some factors that influence the quality of IC in clinical practice. Literature review. The law of medical consent has been undergoing changes in recent years. Case law appears to be evolving towards a more patient centered standard of disclosure. Patient's expectations are higher and they are aware of the power of exercising their rights. Failure to obtain IC is one of the common allegations in medical malpractice suits. The medical professionals need to change their mindset and avoid claims of negligence by providing information that is "reasonable" in the eyes of the court.

LEGAL RELATIONSHIP BETWEEN ILLEGITIMATE CHILDREN AND THEIR BIOLOGICAL FATHER: The Analysis of Constitutional Court Decree No. 46/PUU-VIII/2010 in the Perspective of Civil and Islamic Law

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Marilang Marilang

2016-12-01

Full Text Available In Indonesia, children born out of wedlock only have legal relationship or family lineage relationship with their mother and mother’s family, not with their biological father and biological father’s family. This provisions of law are arranged in Article 43 paragraph (1 of Marriage Law No. 1 of 1974 which is highly influenced by Shafi’ite School of Islamic jurisprudence. Through judicial review of Aisyah (Machica Mochtar and her son named M. Iqbal Ramadhan, Constitutional Court has agreed to waive the provisions by means of the Decree Number 46/PUU-VIII/2010 with legal consideration that the concerned article contravenes the Constitution, then it creates new legal norm which states those children have legal relationship and family lineage with their mother and mother’s family and also the man who is their father. The Decree sparks controversies concerning the term ‘children born out of wedlock’ and ‘legal relationship’ in the decree. Contrary to many law experts, the article argues that the term ‘children born out of wedlock’ simply means children born from zina (adultery or fornication. Thus, ‘legal relationship’ only refer to limited relationship between both parties.

Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico-Legal Perspective.

Science.gov (United States)

Padela, Aasim I

2017-12-01

The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico-legal conceptual analogues for human rights and communal responsibility, ḥuqūq al-'ibād and farḍ al-kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico-legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico-legal values might inform the discursive outputs of Muslim organizations. © 2016 John Wiley & Sons Ltd.

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

Science.gov (United States)

Levin, Murray S.

2004-01-01

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

[Communication in health care - legal aspects].

Science.gov (United States)

Mina, András

2016-04-24

This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

Fulfilment of administrative and professional organisational obligations and nurses' customer-oriented behaviours.

Science.gov (United States)

Trybou, Jeroen; Gemmel, Paul

2016-07-01

The aim of the study was to examine the relationship between the perceived quality of organisational exchange and nurses' customer-oriented behaviours. Hospitals face increasing competitive market conditions. Registered nurses interact closely with patients and therefore play an important front-office role towards patients. A cross-sectional study was conducted. Registered nurses (n = 151) of a Belgian hospital received a questionnaire to assess the fulfilment of administrative and professional organisational obligations and their customer-oriented behaviours. We found a positive relationship between psychological contract fulfilment and nurses' customer-oriented behaviours. More precisely administrative and professional psychological contract fulfilment relates significantly to nurses' service delivery and external representation. In case of internal influence only administrative psychological contract fulfilment was significantly related. Nurses' perceptions of the fulfilment of administrative and professional obligations are important to their customer-oriented behaviours. Nurse managers must be aware of the impact of fulfilling both administrative and professional obligations of registered nurses in order to optimise their customer-oriented behaviours. © 2016 John Wiley & Sons Ltd.

Theoretical points of view on the notion of cause (consideration of contracts in the Serbian doctrine of civil law till the adoption of the law on obligations

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Dudaš Atila

2011-01-01

Full Text Available In this paper the author analyzes the different points of view on the notion of cause (consideration in contract in the Serbian doctrine of civil law as until the adoption of the Law on Obligations in 1978. Having in mind that the Law, adhering to the normative solutions of the French Civil Code, explicitly regulates the institution of cause of contract, as one of the conditions of formation and validity of contract, its adoption can certainly be considered as an event of a watershed importance in respect of the analysis of various theoretical points of view on the notion of cause of contract in the Serbian literature. The fact that the institution of cause of contract had not been explicitly regulated in Serbian positive law as until the adoption of Law on Obligations had its effect on the evolution of doctrine in this period in two ways. On one hand, the range of differing theoretical points of view was very wide, covered as good as all the relevant streams in the doctrine of cause, from the ones accepting this institution (so-called causalistic theories to the ones denying its legal significance in any sense (so-called anticausalistic theories. By the adoption of the Law on Obligations in 1978 the notion of cause of contract became a legal institution in Serbian positive law that had a profound impact on the evolution of doctrine. On one hand, the cause of contract was not a neglectable legal notion any more, therefore it seems entirely logical that there is as good as no authority since then who has not dedicated to the notion of cause of contract an article or two, or at least a separate part in their textbooks. On the other hand, the determination of the legislator to assign the Serbian legal system to the family of legal systems in which the notion of cause of contract is stipulated as one of conditions of formation and validity of contract, led to the shrinkage of the diapason of various, often conflicting, points of view on cause of

Sustainability requirements in EU public and private procurement – a right or an obligation

DEFF Research Database (Denmark)

Andrecka, Marta; Peterkova, Katerina

2017-01-01

procurement. This is true both for the public and private sectors. However, there is only limited legal regulation of sustainable procurement, which causes many uncertainties in respect to the possibility to include sustainability concerns into procurement processes as well as consequences of (not) doing so...... and private procurement and similarities and differences between the sectors are identified. We find that in both sectors sustainability topics (i) are increasingly considered and implemented into contracts; (ii) deal with similar issues in both contexts; (iii) cover issues that are linked to the subject....... Still, it is found that while there is a right to include sustainability considerations into both public and private procurement processes, there are only contours of the legal obligation to do so. In respect to private procurement, the right to give considerations to sustainability issues...

SELECTED RENEWABLE ENERGY LEGAL ISSUES IN THE CONTEXT OF LOGISTICS MANAGEMENT

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Aneta Suchoń

2015-06-01

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

Fuel poverty and energy efficiency obligations – A critical assessment of the supplier obligation in the UK

International Nuclear Information System (INIS)

Rosenow, Jan; Platt, Reg; Flanagan, Brooke

2013-01-01

Energy efficiency obligations (or white certificates) are increasingly used to reduce carbon emissions. While the energy efficiency obligations were originally intended as carbon reduction and not fuel poverty policies, due to recognition of the potential for regressive outcomes they often include provisions for vulnerable and low-income customers. Intuitively, reducing carbon emissions and alleviating fuel poverty seem to be two sides of the same coin. There are, however, considerable tensions between the two when addressed through energy efficiency obligations, particularly arising from the potentially regressive impacts of rising energy prices resulting from such obligations, but also the complexity of targeting fuel poor households and the implications for deliverability. Despite those tensions, the UK government decided to use energy efficiency obligations, the supplier obligation, as the main policy for reducing fuel poverty. In light of the proposals, this paper provides an analysis of the main tensions between carbon reduction and fuel poverty alleviation within energy efficiency obligations, outlines the fuel poverty provisions of the British Supplier Obligation, assesses its rules for identifying the fuel poor, and provides a critical analysis of the planned policy changes. Based on this analysis, alternative approaches to targeting fuel poverty within future supplier obligations are proposed. - Highlights: • First comprehensive analysis of energy savings obligations and fuel poverty. • Systematic comparison of targeting efficiency of fuel poverty programmes. • Critical analysis of fuel poverty provisions in British supplier obligations. • Proposal of a new approach to targeting fuel poverty within energy savings obligations

Modernizing international maintenance obligations in Serbia

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Bordaš Bernadet

2013-01-01

Full Text Available The paper deals with the modernization of private international law of maintenance in Serbia in the light of the two newest international instruments drawn up by the Hague Conference on Private International Law. As Serbia has ratified the Hague Protocol on the Law Applicable to Maintenance Obligations in January 2013 introducing modern rules to the legal system of Serbia, the issue of ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance has arisen, in order to modernize this aspect of the international maintenance as well. In order to establish a position on the issue, the paper presents and analyzes the essential provisions of the Convention (scope of application, administrative cooperation, recognition and enforcement of decisions, stricto sensu enforcement. Based on the analyses, the concluding remarks offers some elements on the bases of which the competent authorities could form an opinion on the necessity and desirability of the ratification of the Convention.

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

Science.gov (United States)

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

2008-01-01

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

Ethical, Legal and Social Issues in Japan on the Determination of Blood Relationship via DNA Testing.

Science.gov (United States)

Toya, Waki

2017-01-01

DNA paternity testing has recently become more widely available in Japan. The aim of this paper is to examine the issues surrounding (1) the implementing agency, whether the testing is conducted in a commercial direct-to-consumer (DTC) setting or a judicial non-DTC setting, and (2) the implementation conditions and more specifically the legal capacity of the proband (test subject). Literature research in Japanese and English was conducted. Some countries prohibit commercial DNA testing without the consent of the proband or her or his legally authorized representative. But as in some cases, the results of DTC paternity testing have proven to be unreliable. I propose a complete prohibition of DTC DNA paternity testing in Japan. In many cases of paternity testing, the proband is a minor. This has led to debate about whether proxy consent is sufficient for paternity testing or whether additional safeguards (such as a court order) are required. In cases where commercial DNA testing has been conducted and the test results are produced in court as evidence, the court must judge whether or not to admit these results as evidence. Another important issue is whether or not paternity testing should be legally mandated in certain cases. If we come to the conclusion that DNA test results are the only way to conclusively establish a parent-child relationship, then our society may prioritize even more genetic relatedness over other conceptions of a parent-child relationship. This prioritization could adversely affect families created through assisted reproductive technology (ART), especially in situations where children are not aware of their biological parentage. This paper argues for a complete prohibition of DTC DNA paternity testing in Japan, and highlights that broader ethical and legal deliberation on such genetic services is required.

Legal process, litigation, and judicial decisions.

Science.gov (United States)

Beresford, H Richard

2013-01-01

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

Coping with the Obligation Dilemma: Prototypes of Social Workers in the Nursing Home

OpenAIRE

Lev, Sagit; Ayalon, Liat

2015-01-01

We examined the ways in which the social worker is coping with obligation dilemma in an Israeli nursing home. The research was conducted using semi-structured, in-depth interviews carried out with fifteen social workers employed in nursing homes. The interviews were analysed thematically, using constant comparisons. The three themes were concerned with the social worker's place in the nursing home, her relationship with the management and staff, and her coping with the obligation dilemma. The...

Legal relevance of the purpose of contract in German law

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Dudaš Atila

2013-01-01

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

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

Science.gov (United States)

Kórász, Krisztián

2015-07-26

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

Legal Protection To The Infotainment Of Press Development In Indonesia

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Anwar Fuadi

2015-08-01

Full Text Available Abstract In the socio-political life the press has become an integral part in democratic life. The press has become one of the means for citizens to bring their thoughts and opinions. Nowadays there is a tendency to increase the quantity of press publications sharp but not accompanied by a statement of the quality of journalism. The objective of this research is to understand the essence of the infotainment liability as a mass media in order to construct a freedom of the press principle which has legitimacy within the legal system of the press in Indonesia. The type of research used in this paper is normative research or also known as doctrinal research by reviewing the legal protection to the infotainment as a mass media in Indonesia. The outcomes of the research indicate that the role of infotainment in the legal system of the press in Indonesia refers to the legal construction of institutional and infotainment organizers itself. Legal liability of Infotainment essentially can be seen from the press obligations stipulated in the Law No. 40 of 1999 regarding the Press Law No. 32 of 2002 regarding Broadcasting as well as the Journalists Code of Ethics which support freedom of the press and expression.

Trust in Supervisor and Job Engagement: Mediating Effects of Psychological Safety and Felt Obligation.

Science.gov (United States)

Basit, Ameer A

2017-11-17

In the social context of job engagement, the role of trust in supervisor in predicting engagement of employees has received attention in research. Very limited research, however, has investigated the mechanisms mediating this dynamic relationship. To address this important gap in knowledge, the aim of this study was to examine psychological safety and felt obligation as two psychological mechanisms mediating the effect of trust in supervisor on job engagement. Drawing from job engagement and social exchange theories, the mediating roles of psychological safety and felt obligation in the trust-engagement relationship were empirically investigated in the Malaysian context. Using self-report questionnaires, data were collected from 337 nurses employed in a public hospital located near Kuala Lumpur, Malaysia. Results fully supported the proposed serial multiple mediator model. Trust in supervisor was indirectly related to job engagement via psychological safety followed by felt obligation. This study provides empirical evidence that trust in supervisor makes employees feel psychologically safe to employ and express their selves in their job roles. This satisfaction of the psychological safety need is interpreted by employees as an important socioemotional benefit that, in turn, makes them feel obligated to pay back to their organization through their enhanced level of job engagement. Implications for theory and practice were discussed.

Legal Research in a Changing Information Environment

African Journals Online (AJOL)

tduplessis

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

Suretyship in Serbian and comparative legal systems

Directory of Open Access Journals (Sweden)

Pajtić Bojan

2014-01-01

Full Text Available The author has compared the institute of suretyship in Serbian law and other comparative legal systems, both continental and common-law. With the development of economy, these instruments of creditor's protection in the contractual relationship have gained full promotion. The analysis of the similarities and differences in the treatment of suretyship implies a relationship between the European legal systems.

Assignments of rights and obligations under a gas sales contract

International Nuclear Information System (INIS)

Kowch, J.R.M.

1996-01-01

A general overview of the principles of assignment in a gas sales contract was presented. Assignment is a process wherein the rights or obligations under a contract are transferred from one of the contracting parties to a third party. It is, in other words, the introduction of a new party to the original contractual relationship. Under the rights and obligations of a gas sales contract, the most important right of the seller is to have its gas taken and to be paid. Likewise, the most important obligation of the buyer is to take the gas and pay for it. An assignment by either party has the potential to alter the original expectations of the parties or the basis of which they committed to the contract in the first place. Prior to deregulation and unbundling initiatives, gas sellers and buyers could enter a 20 year sales contract and deal exclusively with each other over the entire 20 year term. Since deregulation, there are more players, and a higher level of corporate acquisitions, divestitures, rationalizations, and restructuring. Today, there are greater chances than ever before that the original party to a contract may change, or that certain rights and obligations may be assigned to a third party and affect the expectations under the contract

Legal Marriage, Unequal Recognition, and Mental Health among Same-Sex Couples.

Science.gov (United States)

LeBlanc, Allen J; Frost, David M; Bowen, Kayla

2018-04-01

The authors examined whether the perception of unequal relationship recognition, a novel, couple-level minority stressor, has negative consequences for mental health among same-sex couples. Data came from a dyadic study of 100 ( N = 200) same-sex couples in the U.S. Being in a legal marriage was associated with lower perceived unequal recognition and better mental health; being in a registered domestic partnership or civil union - not also legally married - was associated with greater perceived unequal recognition and worse mental health. Actor Partner Interdependence Models tested associations between legal relationship status, unequal relationship recognition, and mental health (nonspecific psychological distress, depressive symptomatology, and problematic drinking), net controls (age, gender, race/ethnicity, education, and income). Unequal recognition was consistently associated with worse mental health, independent of legal relationship status. Legal changes affecting relationship recognition should not be seen as simple remedies for addressing the mental health effects of institutionalized discrimination.

Community liberalisation of the electric power market and public service obligations

International Nuclear Information System (INIS)

Cristoforetti, Brice

2008-06-01

After an overview of original economic and social objectives at the basis of the creation of the European common market, the author examines whether the Community liberalisation of the European domestic electricity market has been an opportunity to acknowledge public service obligations in the European law, and more particularly examines the existence or relevance of the notion of electric power public service. This discussion addresses a period extending from the beginning of the 1960's to the Lisbon Treaty prepared in 2007. The author analyses rules of the European law, and the modalities and consequences of their adoption in the French law, as he considers that the evolution of French administrative legal evolution is the most relevant framework for this study on public service and electric power market. Thus, he first shows that the sector liberalisation, through the conflict between competition and defence of the general interest, actually allowed the existence of public service obligations for State members to be consecrated by the Community law. However, through the study of the electric power public service, the author shows that ambitions which had been initially put forward, are hardly compatible with some modalities of opening to competition

Cross-border quest: the reality and legality of transplant tourism.

Science.gov (United States)

Ambagtsheer, Frederike; Zaitch, Damián; van Swaaningen, René; Duijst, Wilma; Zuidema, Willij; Weimar, Willem

2012-01-01

Background. Transplant tourism is a phenomenon where patients travel abroad to purchase organs for transplants. This paper presents the results of a fieldwork study by describing the experiences of Dutch transplant professionals confronted by patients who allegedly purchased kidney transplants abroad. Second, it addresses the legal definition and prohibition of transplant tourism under national and international law. The final part addresses the legal implications of transplant tourism for patients and physicians. Methods. The study involved seventeen interviews among transplant physicians, transplant coordinators and policy-experts and a review of national and international legislation that prohibit transplant tourism. Results. All Dutch transplant centers are confronted with patients who undergo transplants abroad. The estimated total number is four per year. Transplant tourism is not explicitly defined under national and international law. While the purchase of organs is almost universally prohibited, transplant tourism is hardly punishable because national laws generally do not apply to crimes committed abroad. Moreover, the purchase of organs (abroad) is almost impossible to prove. Conclusions. Transplant tourism is a legally complex phenomenon that warrants closer research and dialogue. The legal rights and obligations of patients and physicians confronted with transplant tourism should be clarified.

The legal responsibilities of the health-care librarian.

Science.gov (United States)

Muir, A; Oppenheim, C

1995-06-01

This article discusses the legal responsibilities that information intermediaries have towards the users of their services. The areas of law that affect legal liability are contract law, tort and strict liability. The likelihood of health-care librarians being held liable for the service they provide is assessed, and methods of reducing this risk are discussed. The key issues are: whether the recipient is relying on the information you provide and whether this reliance is reasonable; whether money changed hands; and whether the institution is under a statutory obligation to provide the information. All-embracing exclusion clauses are often used as an attempt to exclude liability, but their validity in law is doubtful, and they should be replaced by more reasonable ones. Adhering to good professional practice, and avoiding interpreting information for laymen are ways of minimizing liability. If court proceedings do take place, professional indemnity insurance can reduce financial loss.

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

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Muntaha A. Abdulwahid

2017-01-01

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

Not bound by the law: legal disobedience in Israeli society.

Science.gov (United States)

Rattner, A; Yagil, D; Pedahzur, A

2001-01-01

The issue of whether there is a 'prima facie obligation to obey the law' has intrigued human society since the days of Socrates. However, most of the writings in this field have dealt with theoretical aspects of the issue, such as the boundaries of legal obedience and frameworks defining the circumstances under which a citizen is not obliged to obey the law. Very few studies have investigated the phenomenon of legal disobedience empirically. The current study is based on a survey of Israeli citizens belonging to three sectors of the population (Jews in the general population, Israeli Arabs, and orthodox Jewish students enrolled in religious yeshiva seminaries). Respondents' attitudes towards the judicial system, the rule of law, and the duty to obey state laws were examined by means of a questionnaire especially designed for the study. The findings point to gaps between the three groups: Compared to the Arab population and the yeshiva students, support for state laws and the rule of law was stronger among Jews in the general population and, conversely, belief in the supremacy of other laws (i.e. religious laws) over state laws and readiness to take the law into one's own hands were stronger among the Arabs and the yeshiva students, compared to the general Jewish population. Copyright 2001 John Wiley & Sons, Ltd.

Some reflections on non-contractual obligations in cyberspace considering the Rome II regulation

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Mierina A.

2014-01-01

Full Text Available Internet penetration has created a revolutionary change in people's communication nowadays. By creating immaterial and elusive cyberspace, without borders and limits of communication a three-dimensional territorial concept has been transformed by globalizing social relations and reducing importance of regional or national dimensions. All situations taking place on the Internet also occur somewhere in the reality. Sometimes it is difficult to measure whether the events are random or unrelated to particular events. Technological progress offers new possibilities to change a user's real location either consciously or subconsciously. However, the law is highly territorial in nature. This article focuses on existing conflict of law rules under the EU law and reveals its weaknesses in relation to non-contractual obligations caused by the Internet. Therefore, the author observes core concepts of the applicable law by analyzing the legal notions and information technology concepts and assessing the suitability of regulation in cyberspace. The EU regulation, the doctrine of European and domestic authors as well as the EU case law have been examined. As a result, a number of conclusions have been drawn on the suitability of non-contractual relationships in cyberspace considering Rome II Regulation.

"You Can See How Things Will End by the Way They Begin": The Contribution of Early Mutual Obligations for the Development of the Psychological Contract.

Science.gov (United States)

Farnese, Maria Luisa; Livi, Stefano; Barbieri, Barbara; Schalk, René

2018-01-01

This study explores dynamic processes in the development of the psychological contract, focusing on the interaction of obligations related to the two parties (i.e., employees' perceptions of both their own and the organization's obligations fulfillment) on attitudinal outcomes (organizational commitment and turnover intention) during the initial stage of the employment relationship. In a twofold cross-sectional and two-wave study on newly hired correctional police officers, we examined: (a) whether perception of organizational obligations fulfillment moderates the relationship between employee obligations and their attitudes (Study 1, n.500); (b) the direct and moderated influence of perceived obligations at the entrance stage on those in the following months (Study 2, n.223). Results confirmed that, in the eyes of the newcomer, the obligations fulfillment of each of the two parties interact, having an additional effect beyond the main direct effects, in influencing both subsequent obligations perceptions and, through this, the outcome variables. Theoretical and practical implications of the findings are discussed.

THE CONSTITUENT ELEMENTS OF DISCIPLINARY TRANSGRESSION. STUDY CASE

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Dragoş Lucian Rădulescu

2017-12-01

Full Text Available The main effect of non-compliance of the employees with respect to the obligations resulting from the employment legal relations is the application of the specific ways of accomplishing the discipline of labor. In this respect we can state that the discipline of labor is not only a system of norms that allows the employee to meet the requirements resulting from the labor relations, mainly through the possibility of applying the specific disciplinary sanctions, but also of a preventive or stimulatory character under the aspect of forms of labor organization. As regards the principle of employee subordination in the legal relationship with the employer, in relation to his/her obligation to respect a well-established system of norms issued for the purpose of labor process, failure to comply with the resulting obligations leads to the possibility of applying sanctions for violation of the labor discipline. The article presents the conditions for the non-compliance of the obligations resulting from the employment relationships of civil servants, the legal basis specific to the violation of specific duties, the way of individualization of the sanction applied, as well as elements of judicial practice.

Legal Inheritance in the Republic of Kosovo

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Dr.Sc. Hamdi Podvorica

2011-06-01

are obli-gated by law (article 96 of the Non-contentious Procedure Law, has caused a chaotic state in legal proceeding of hereditary property, because many physical persons have died or have been declared dead, while legal procedures for pro-perty proceeding have not been initiated, or even if they have, cases remain pending for years in courts. To overcome this situation, it is imperative to increase the number of judges in a short period of time.

The Security Council's Methods of Work: The Borderlines of Legality

DEFF Research Database (Denmark)

Cullen, Miriam

2015-01-01

The first section outlines the Security Council’s rules of procedure (or lack thereof) and working methods. Examples are used to illustrate that the Council's methods of work have, paradoxically, become increasingly opaque at the same time as its direct involvement in international justice has...... escalated. The paper concludes by positing that a lack of procedural fairness in the Council’s methods of work at least undermines the justice imperative that the Council so espouses and at most violates an ancillary legal obligation....

Prevention Obligations in International Environmental Law

NARCIS (Netherlands)

Plakokefalos, I.

2013-01-01

The paper seeks to examine the content and nature of prevention obligations in international environmental law. Despite their frequent reference to these obligations in practice and in the literature their exact content remains ill-defined. Similarly, the exact nature of these obligations has not

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

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Zymer Tafaj

2015-03-01

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

“You Can See How Things Will End by the Way They Begin”: The Contribution of Early Mutual Obligations for the Development of the Psychological Contract

Science.gov (United States)

Farnese, Maria Luisa; Livi, Stefano; Barbieri, Barbara; Schalk, René

2018-01-01

This study explores dynamic processes in the development of the psychological contract, focusing on the interaction of obligations related to the two parties (i.e., employees’ perceptions of both their own and the organization’s obligations fulfillment) on attitudinal outcomes (organizational commitment and turnover intention) during the initial stage of the employment relationship. In a twofold cross-sectional and two-wave study on newly hired correctional police officers, we examined: (a) whether perception of organizational obligations fulfillment moderates the relationship between employee obligations and their attitudes (Study 1, n.500); (b) the direct and moderated influence of perceived obligations at the entrance stage on those in the following months (Study 2, n.223). Results confirmed that, in the eyes of the newcomer, the obligations fulfillment of each of the two parties interact, having an additional effect beyond the main direct effects, in influencing both subsequent obligations perceptions and, through this, the outcome variables. Theoretical and practical implications of the findings are discussed. PMID:29719521

Sexual harassment in the medical profession: legal and ethical responsibilities.

Science.gov (United States)

Mathews, Ben; Bismark, Marie M

2015-08-17

Sexual harassment of women in medicine has become a subject of national debate after a senior female surgeon stated that if a woman complained of unwanted advances her career would be jeopardised, and subsequent reports suggest that sexual harassment is a serious problem in the medical profession. Sexual harassment of women in the medical profession by their colleagues presents substantial legal, ethical and cultural questions for the profession. Women have enforceable legal rights to gender equality and freedom from sexual harassment in the workplace. Both individual offenders and employers face significant legal consequences for sexual harassment in every Australian state and territory, and individual medical practitioners and employers need to understand their legal and ethical rights and responsibilities in this context. An individual offender may be personally liable for criminal offences, and for breaching anti-discrimination legislation, duties owed in civil law, professional standards and codes of conduct. An employer may be liable for breaching anti-discrimination legislation, workplace safety laws, duties owed in contract law, and a duty of care owed to the employee. Employers, professional colleges and associations, and regulators should use this national debate as an opportunity to improve gender equality and professional culture in medicine; individuals and employers have clear legal and ethical obligations to minimise sexual harassment to the greatest extent possible.

O exercício legal da medicina em LER/DORT The legal aspects involving repetitive strain injuries (RSI

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Antonio Techy

2009-08-01

Full Text Available No relacionamento entre médico e paciente, além da boa prática da medicina, o médico está obrigado a conhecer e cumprir as leis, normas e convenções que podem garantir direitos a uns e gerar obrigações a outros, com base nas informações criadas e perenizadas em prontuários, atestados e pareceres, que servirão de referência às decisões de entidades públicas ou privadas na concessão ou na recusa de direitos e deveres legais. Apontamos como os médicos devem se comportar em relação aos pacientes e aos aspectos legais dentro desse cenário ocupacional, no sentido de adequar a conduta e prevenir eventuais dissabores, aos quais estamos expostos. Nossa ideia é chamar a atenção para a necessidade da prática médica dentro das normas legais, orientando onde buscar a respectiva informação. O médico não pode estar alheio à evolução da medicina, nem às atualizações permanentes das leis, normas e convenções da região em que atua.In order to have a good patient-physician relationship, besides practicing a fair and updated technical medicine, the physician is obligated to have knowledge of and follow the laws, rules and regulations, which grant specific rights to some and delegate obligations to others. The physician is responsible for writing legal statements based on information from medical records. These declarations will serve as important documents, upon which public or private entities will base their decision on granting rights or delegating obligations. This article stresses the importance of adequate physician decision making capacity when it comes to access the patient's needs within the working environment. It also emphasizes the seriousness of reaching an optimal treatment plan, in order to prevent expected complications. Our objective is to promote the practice of medicine within the current law, giving directions to the reader on where to obtain this information. Physicians have to keep themselves updated not

Formal and legal conditions of Smart Grid deployment

Directory of Open Access Journals (Sweden)

Rafał Magulski

2010-04-01

Full Text Available This article presents an overview of the formal and legal issues arising from EU policies and national regulations affecting the capacity to implement Smart Grid solutions. EU legislation currently imposes on the Member States no obligation to apply any mechanisms to support implementation of Smart Grid solutions in the power sector. Directives call for the introduction of such national regulations that promote improved security and reliability of energy supply, development and integration of renewable and distributed energy resources with the power system, and development of the energy market to allow customers to respond to market incentives and to rationally change their behaviours as regards energy use. Not all of the obligations and recommendations have been fully transferred into the national legislation. However, directions of the Polish energy policy are in line with European trends and clearly indicate Smart Grids as one of the remedies to the challenges that the National Power System will have to cope with in the long term. Therefore, some significant legislative changes regarding the power sector should be expected in the near future.

Offset drilling obligations

International Nuclear Information System (INIS)

Boyd, K.D.; Kalmakoff, J.J.

1998-01-01

A review of the 'offset well' clause found in freehold and Crown natural gas and petroleum leases was presented. The objective was to provide lessors and lessees with a clear understanding of the rights and obligations associated with offset wells. It was noted that offset well obligations vary according to the form of lease used, the type of offsetting well, the regulatory regime and the geophysical characteristics of the producing formation. Some suggestions were made as to how current versions of the offset well clause can be amended to overcome some of the problems encountered in applying the clause to an offset horizontal well that has been drilled on adjoining lands. Failure to resolve the new issues presented by horizontal drilling technology in terms of documentation, which records respective rights and obligations on the basis of generally accepted principles, will result in large numbers of conflicts and unnecessary litigation. 144 refs., 1 fig

Unproven stem cell-based interventions & physicians' professional obligations; a qualitative study with medical regulatory authorities in Canada.

Science.gov (United States)

Zarzeczny, Amy; Clark, Marianne

2014-10-14

The pursuit of unproven stem cell-based interventions ("stem cell tourism") is an emerging issue that raises various concerns. Physicians play different roles in this market, many of which engage their legal, ethical and professional obligations. In Canada, physicians are members of a self-regulated profession and their professional regulatory bodies are responsible for regulating the practice of medicine and protecting the public interest. They also provide policy guidance to their members and discipline members for unprofessional conduct. We conducted semi-structured telephone interviews with representatives from six different provincial Colleges of Physicians and Surgeons in Canada to discuss their experiences and perspectives regarding stem cell tourism. Our focus was on exploring how different types of physician involvement in this market would be viewed by physicians' professional regulatory bodies in Canada. When considering physicians' professional obligations, participants drew analogies between stem cell tourism and other areas of medical tourism as well as with some aspects of complementary alternative medicine where existing policies, codes of ethics and regulations provide some guidance. Canadian physicians are required to act in the best interests of their patients, respect patient autonomy, avoid conflicts of interest and pursue evidence-based practice in accordance with accepted standards of care. Physicians who provide unproven treatments falling outside the standard of care, not in the context of an approved research protocol, could be subject to professional discipline. Other types of problematic conduct include referrals involving financial conflict of interest and failure to provide urgent medically necessary care. Areas of ambiguity include physicians' obligations when asked for information and advice about seeking unproven medical treatments, in terms of providing non-urgent follow-up care, and when asked to support efforts to go abroad by

Social Physique Anxiety, Obligation to Exercise, and Exercise Choices among College Students

Science.gov (United States)

Chu, Hui-Wen; Bushman, Barbara A.; Woodard, Rebecca J.

2008-01-01

Objective: The authors examined relationships among social physique anxiety, obligation to exercise, and exercise choices. Participants and Methods: College students (N = 337; 200 women, 137 men) volunteered to complete 3 questionnaires: the Social Physique Anxiety Scale (SPAS), Obligatory Exercise Questionnaire (OEQ), and Physical Activity…

The legal duty of local government to facilitate development

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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.

Marijuana Legalization: Impact on Physicians and Public Health.

Science.gov (United States)

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

2016-01-01

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

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

Directory of Open Access Journals (Sweden)

Я. В. Новохатська

2015-11-01

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

Why patients have a moral obligation to give care to clinicians.

Science.gov (United States)

Buetow, Stephen

2014-12-01

Progress is being made in transitioning from clinicians who are torn between caring for patients and populations, to clinicians who are partnering with patients to care for patients as people. However, the focus is still on what patients and others can do for patients, however defined. For clinicians whose interests must be similarly respected for their own sake and because they are integrally related to those of patients, what can and should patients do? Patients can be exempted from some normal social roles but are generally recognized to have moral obligations in health care. One of these obligations is caregiving to clinicians within the limits of each patient's capability. My paper moves this obligation beyond the ceremonial order of etiquette characterizing public statements on how patients should relate to others. It goes beyond a patient-centred ethic that is consumerist in nature, to a person-centred one that recognizes patients typically as moral agents who are dignified by recognizing the obligation to give as well as receive care as sincere benevolence. This obligation derives objective justification from divine command. It is also consistent, however, both with what people, if ignorant of their social role, would objectively produce for a hypothetical social contract, and with virtues constitutive of human nature and a relational and communitarian understanding of what it is to be a person. Including sentiment (intuition) and personal conscience, this relational identity makes caregiving intrinsically meaningful, yet caregiving also has an instrumental value to patients and clinicians. Its self-enforcement by patients will depend on their moral code and on society making caregiving achievable for them. A moral obligation for patient caregiving may then be specified to require patients to reflect on and invest in relationships in which they can feel and show care for others sincerely and respectfully. © 2014 John Wiley & Sons, Ltd.

Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia

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Khairil Azmin Mokhtar

2017-03-01

Full Text Available Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

Social physique anxiety, obligation to exercise, and exercise choices among college students.

Science.gov (United States)

Chu, Hui-Wen; Bushman, Barbara A; Woodard, Rebecca J

2008-01-01

The authors examined relationships among social physique anxiety, obligation to exercise, and exercise choices. College students (N = 337; 200 women, 137 men) volunteered to complete 3 questionnaires: the Social Physique Anxiety Scale (SPAS), Obligatory Exercise Questionnaire (OEQ), and Physical Activity Specification Survey (PASS). On the SPAS, men (M score = 31.9 +/- 8.8) differed from women (M score = 37.3 +/- 8.3; p = .001). Men (M score = 43.0 +/- 9.9) and women (M score = 43.0 +/- 9.6) responded similarly (p = .94) on the OEQ. There was no interaction between sex and exercise level on the SPAS or OEQ. When separated by low, medium, and high SPAS scores, neither OEQ nor exercise scores differed. Obligation to exercise appears to be similar for both sexes. Women, however, appear to have higher levels of anxiety regarding how others evaluate their physique than do men. The combination of level of activity and sex do not appear to be associated with social physique anxiety or obligation to exercise.

Documentary Letters of Credit, Legal Nature and Sources of Law

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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?

LEGAL AID IN INDIA: RETUNING PHILOSOPHICAL CHORDS

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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.’

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

Directory of Open Access Journals (Sweden)

A. Nicolaides

2012-01-01

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

Improvement of national legislation in alternative resolution of legal disputes area

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Ярослав Павлович Любченко

2016-01-01

Full Text Available Problem setting. Current legislation does not adequately regulate using of alternative dispute resolution. The article emphasizes the need for amending existing legislation to ensure its compliance with international standards, its obligations in connection with the signing of the Association Agreement and ensure efficient use of alternative dispute resolution (hereinafter - ADR party relations. Recent research and publications analysis. Problems of alternative dispute resolution were viewed in their works viewed N. Bondarenko-Zelinska, Y. Pritika, O. Spectr, A. Shypilova, V. Yakovleva and others. Paper objective The article goal is to analyze the proposals of the Constitutional Commission in the field of justice, as well as analysis of bills related to ADR, research of problems of legal regulation, which will help optimize procedures and improve the law in general. The paper main body. Realization of economic, political, governmental, legal and other reforms in society lead to a significant strengthening of social and legal tensions, the emergence of a large number of conflicts in the legal field. Traditionally, parties use courts that are organized and funded by the state in order to protect rights and legal interests. However, justice for many obvious advantages has several disadvantages: a large workload of courts, length and complexity of the proceedings, considerable legal costs not properly worked out mechanism of the principle of competition and equality. Conclusions of the research. Problems of alternative dispute resolution in domestic legal literature are mostly synthesis and theoretical. Various alternative forms, procedures, and methods are used by foreign countries, along with the traditional proceedings. They do not replace justice and do not deprive the persons right for judicial protection. Instead, give them a choice between public or non-governmental (private forms of resolving legal disputes, allowing parties to decide which

Ethical and legal challenges associated with disaster nursing.

Science.gov (United States)

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

2015-06-01

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

The Public Sector and Obligation to Contract

DEFF Research Database (Denmark)

Olesen, Karsten Naundrup; Indén, Tobias

2016-01-01

The paper concerns the situation where public sector bodies are forced to enter into contracts. These obligations to contract are analysed from two angles. First, the paper offers an analysis of the reasons for imposing such obligations to contract under Swedish and Danish law. Secondly the paper...... discusses some consequences of the public entities’ obligations to contract, more specific consequences for the use of rules that usually regulate contracts and the fact that obligations to contract imposed on public entities establish a new market and at the same time the obligations deprive the entities...... of the freedom to contract which is a fundamental to market behaviour. Finally attention is drawn to the fact that obligations to contract are also imposed on private entities. The paper takes Swedish and Danish regulations as a point of departure and provides an insight into regulations from these two countries...

AÇÃO CIVIL PÚBLICA SOBRE ÁREA DE RESERVA LEGAL: (DESNECESSIDADE DO SEU REGISTRO NA MATRÍCULA DO IMÓVEL / CIVIL ACTION PUBLIC ON AREA OF LEGAL NATURE RESERVES: (NO NEED OF ITS REGISTRY IN THE PROPERTY RECORD

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Carlos José Cordeiro

2016-04-01

Full Text Available It is aimed to show our position on the (no need of the civil action filing the record in property, subject of the registration of the demand that is intended to be obliged to institute legal nature reserve area, making use, therefore, of the adoption of hypothetical deductive method, combined with the execution of theoretical and documentary research. Legal Nature Reserve is understood as the area of rural land that can not suffer human intervention by deforestation and exploitation of its resources. Its institution and subsequent registration with the Rural Environmental Registry is an propter rem obligation, given the tracking of it and the attachment to the holder of real right. It must be obeyed even that forests or other type of vegetation no longer exist in the property, which thus externalizes its institution being a mandatory requirement for regular registration of the property, making it impossible to any claim of its ignorance, because it clings to the ownership of the property, passing to new owners, they being able to be charged regardless of their proceeding.

The Legal Position of Migrants in Denmark: Assessing the Context around the "Cartoon Crisis"

DEFF Research Database (Denmark)

Adamo, Silvia

2007-01-01

Abstract What can we infer from the legal status of migrants living in Denmark? This article argues that understanding recent developments in Danish immigration law is essential for comprehending contemporary political tensions in this policy area, including notably the cartoon incident. The anal......Abstract What can we infer from the legal status of migrants living in Denmark? This article argues that understanding recent developments in Danish immigration law is essential for comprehending contemporary political tensions in this policy area, including notably the cartoon incident....... The analysis offered focuses on general principles and practical notions of Danish immigration and refugee law, integration policies and regulations in light of international legal obligations, rules on family reunification, and the growing importance of citizenship status and anti-terrorism measures. Keywords...... Rights of migrants - Immigration Law - Citizenship Law - Integration policies - Denmark...

A legal and philosophical perspective on the in loco parentis position of teachers

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I.J. Oosthuizen

1998-03-01

Full Text Available The in loco parentis position of the teacher implies that he/she is regarded as acting in the place of the parent. This principle is embedded in South African common law and in many respects confirmed by statutory law. In the South African legal context, it implies that the teacher is obliged to take care of the physical and mental safety of the pupil and has the right to maintain discipline. It is a legal instrument for bringing about order in the educative duties of teachers. A more philosophical line of reasoning, centring on sphere sovereignty, reveals why jurists tend to compare the duties of teachers with those of parents, but do not equate them with each other or regard these duties as synonymous.

Sustainable development and the nature of environmental legal principles

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J Verschuuren

2006-05-01

. Principles can become rules over time, when directly applicable in concrete cases. The nine functions are following: 1. principles can enhance the normative power of statutory rules; 2. principles can help to fill in open or unclear statutory rules; 3. principles can increase legal certainty and enhance the legitimacy of decision-making; 4. principles form the basis for new statutory rules; 5. principles give guidance to self-regulation; 6. principles create flexibility in the law; 7. principles help to implement international obligations; 8. principles stimulate the integration of environmental considerations into other policy fields; 9. principles are necessary to pursue an ideal. Principles thus influence the meaning of a rule but, at the same time, the application of a rule in a concrete case gives the relevant principle a clearer meaning than the principle has on its own. This goes for rules in various legal documents, such as acts and regulations, as well as transnational regulations, and self regulatory rules. Principles thus are dynamic beacons in a wild ocean of ever changing concrete environmental rules. Although the underlying ideal of sustainable development has a rather anthropocentric character, the danger of influencing environmental legal principles (and through principles legal rules and policies as well in a highly anthropocentric way is small. Firstly, because man is an inseparable part of nature and is very much dependent on balanced and intact ecosystems, especially when future generations are considered as well. Secondly, there is a moral relationship between man and nature. Natural objects have an inherent value: not destroying these objects contributes to the virtue of man. The ecological aspects of the ideal of sustainable development can be sufficiently advanced in decision-making processes by governmental authorities and courts, because most principles that rule environmental decision-making processes create enough room to take into account the

Marijuana Legalization: Impact on Physicians and Public Health

Science.gov (United States)

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

2016-01-01

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

Parents Representations of the Legal Socialization of Children

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Kalashnikova A.S.,

2014-11-01

Full Text Available Insufficient knowledge about the impact of parental education on the development strategies of justice of children and adolescents in destabilizing the social conditions of modern society determines the relevance of the author's work. The study involved 64 subjects (39 women and 25 men aged 24 to 48 years, with minor children, including 30 subjects with a harmonious style of parenting and 34 - with disharmonious style. We used a questionnaire "Analysis of family relationships" (E.G. Eidemiller, V.V. Yustitskis, a technique of studying legal awareness of J. Tapp and F. Levine, as well as specially designed questionnaires, aimed at studying the cognitive (knowledge of parents about legal socialization and behavioral (conversations on topics of law, reinforcement and punishment of right and wrong actions, monitoring of performance, personal example components of legal socialization. We obtained new empirical evidence on the relation between the features of legal socialization of children and parent-child relationship, clarified the role of the individual types of parental attitudes in the formation of the legal socialization of children, revealed the factors of parental attitudes that hinder and facilitate the process of legal socialization of children

The Exception of Non-performance and its Role in Debt Assignments

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Maria Căzănel

2016-01-01

Full Text Available Debt assignments have the effect of assigning a new creditor in the legal position of the creditorassignor, i.e. the right to claim, with all its accessories and warranties, in the same legalconditions, enforceable against all exceptions of the assignor, even the personal ones. Thus, theassignee is entitled to invoke the exception of breach of contract/non-performance, where the ratioof obligations originally derived from a mutually binding contract and the contractual partnerrefuses to fulfill the performance that was required. Invocation of exceptio non adimpleticontractus does not result in termination of the legal relationship of obligations, but only to itssuspension as a means to compel the debtor to fulfill the obligation assumed.

Regulating internet access in UK public libraries: legal compliance and ethical dilemmas

OpenAIRE

Muir, Adrienne; Spacey, Rachel; Cooke, Louise; Creaser, Claire

2016-01-01

Purpose – This paper aims to consider selected results from the Arts and Humanities Research Council (AHRC) funded “Managing Access to the internet in Public Libraries” (MAIPLE) project, from 2012-2014. MAIPLE has explored the ways in which public library services manage use of the internet connections that they provide for the public. This included the how public library services balance their legal obligations and the needs of their communities in a public space and the ethical dilemmas tha...

29 CFR 500.100 - Vehicle safety obligations.

Science.gov (United States)

2010-07-01

... safety standards. Prima facie evidence that safety standards have been met will be shown by the presence... 29 Labor 3 2010-07-01 2010-07-01 false Vehicle safety obligations. 500.100 Section 500.100 Labor... § 500.100 Vehicle safety obligations. (a) General obligations. Each farm labor contractor, agricultural...

Financial conflicts of interest and the ethical obligations of medical school faculty and the profession.

Science.gov (United States)

Austad, Kirsten; Brendel, David H; Brendel, Rebecca W

2010-01-01

Despite their potential benefits, relationships linking medical school faculty and the pharmaceutical and device industries may also challenge the professional value of primacy of patient welfare, a point highlighted in a recent Institute of Medicine report. Academic medical centers and professors have the added professional obligation to ensure the unbiased, evidence-based education of future doctors. This essay argues that faculty financial conflicts of interest may threaten this obligation by propagating the bias introduced by these relationships to students. This could occur directly through the process of curriculum determination and delivery, and also indirectly through the "hidden curriculum," which deserves particular attention, as its lessons may conflict with those professed in the formal curriculum. The essay concludes with guiding principles to consider when developing a conflict of interest policy at academic medical centers.

Integrated environmental protection obligations under European law, survey analysis of Austrian legislation

International Nuclear Information System (INIS)

Berthaler, W.

2001-05-01

This work focuses on legal instruments serving integrated environmental protection, especially with respect to administrative procedures concerning plant permits, and their inhorent limits. Initially, the legal and scientific approach pursued under the notion of 'integrated environmental protection' and 'environmental impact assessment' is examined and clarified in chapter A. Based thereon, chapter B deals with the obligations resulting from the EIA-Directive and - compared therewith - from the IPPC-Directive with regard to procedures for plant permits. Further, Austria's delay in fully transposing these directives is examined. When dealing with the constitutional basis for transposing the EIA- and IPPC-D into Austrian administrative law (chapter C), the inherent limits of some competence of legislation are discovered to be too narrow to ensure full compliance with EC law; only with regard to EIA, legistation is based on sound constitutional ground. The second part of the work is devoted to three areas of discussion on EIA- and IPPC-procedures under Austrian law: the scope of their applicability (chapter D), the problems of integrated evaluation and the limits of ecological expertise (chapter E) and aspects of public participation (chapter F). The study is concluded by a summary of the main results (chapter G). (author)

Know-how provider’s right to claim damages for non-pecuniary loss in light of the legal nature of know-how

OpenAIRE

Tuğçe Oral

2017-01-01

The know-how contract is one of the most important means for transferring and developing technology. It is crucial to find out whether the parties of know-how contract have a right to claim damages for non-pecuniary loss in light of the legal nature of knowhow. In this article, I begin by defining the know-how contracts and in particular I will analyze the main obligations of the parties. Secondly, I will deal with the definition and the legal nature of know-how, since considerable uncertaint...

Les contextes de l’obligation de reclassement Contexts of the reclassification obligation Los contextos de la obligación a la reclasificación

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Serge Frossard

2010-02-01

be integrated into the former. These observations allow orientation of research on the legal foundations of the reclassification obligation. Even if it would be renewed, the reclassification obligation can be based on an invaluable constitutional right, the right to obtain employment, more than on an analysis of contract law. At the international rule level, the right to obtain employment can also complement based several texts, one of which has been considered as having a very important impact in French law.En derecho francés, la reclasificación de los asalariados incapacitados ha emergido en las hipótesis precisas y, en la mayoría de los casos, bajo el impulso de las altas jurisdicciones : del Tribunal Supremo o del Consejo del Estado. El legislador intervino posteriormente para consagrar la obligación a la reclasificación, generada en jurisprudencia o en gestación. El contexto dentro del cual esta obligación se construyó, permite explicar lo que caracteriza su campo de aplicación. El empleo, más específicamente la preservación del vínculo laboral, juega un rol central y federadora. Pero a diferencia del derecho quebequense, la discriminación permanece distinta ; e incluso si su campo recorta el de la obligación de reclasificación, no se puede integrar a éste dentro de aquella. Estas constataciones permiten orientar la investigación sobre los fundamentos jurídicos de la obligación de reclasificar al asalariado. Más que un análisis de derecho de contratos, incluso si este pudiera haber sido renovado, la obligación a la reclasificación puede basarse en un derecho de valor constitucional : el derecho a obtener un empleo. A la escala de las reglas internacionales, este último puede apoyarse en varios textos ; uno de los cuales ha sido reconocido por su gran impacto en la ley francesa.

7 CFR 1724.71 - Borrower contractual obligations.

Science.gov (United States)

2010-01-01

... 7 Agriculture 11 2010-01-01 2010-01-01 false Borrower contractual obligations. 1724.71 Section... Contract Forms § 1724.71 Borrower contractual obligations. (a) Loan agreement. As a condition of a loan or... obligation is contained in section 5.16 of the loan contract. To comply with the provisions of the loan...

7 CFR 1726.301 - Borrower contractual obligations.

Science.gov (United States)

2010-01-01

... 7 Agriculture 11 2010-01-01 2010-01-01 false Borrower contractual obligations. 1726.301 Section... Borrower contractual obligations. (a) Loan agreement. As a condition of a loan or loan guarantee under the... obligation is contained in section 5.16 of the loan contract. To comply with the provisions of the loan...

The legal mentality and the succession of the law.

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Vladimir Rybakov

2017-01-01

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

Fulfillment of administrative and professional obligations of hospitals and mission motivation of physicians.

Science.gov (United States)

Trybou, Jeroen; Gemmel, Paul; Desmidt, Sebastian; Annemans, Lieven

2017-01-13

To be successful, hospitals must increasingly collaborate with their medical staff. One strategic tool that plays an important role is the mission statement of hospitals. The goal of this research was to study the relationship between the fulfillment of administrative and professional obligations of hospitals on physicians' motivation to contribute to the mission of the hospital. Furthermore the mediating role of the physicians' emotional attachment to the hospital and moderation effect of the exchange with the head physicians were considered. Self-employed physicians of six hospitals participated in a survey. Descriptive analyses and linear regression were used to analyse the data. The results indicate that affective commitment mediated the relationship between psychological contract fulfillment and mission statement motivation. In addition, the quality of exchange with the Chief Medical Officer moderated the relationship between the fulfillment of administrative obligations and affective commitment positively. This study extends our understanding of social exchange processes and mission statement motivation of physicians. We showed that when physicians perceive a high level of fulfillment of their psychological contract they are more committed and more motivated to contribute to the mission statement. A high quality relationship between physician and Chief Medical Officer can enhance this reciprocity dynamic.

In Search of Legal Foundation for Indonesian Family Firms

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Yetty Komalasari Dewi

2016-08-01

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

International countertrade arrangements and their legal structure: Double edge sword or future of the modern trade

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Milenković-Kerković Tamara

2011-01-01

Full Text Available The experiences and the practice of many countries show that countertrade could be used as the significant method for incensement of the export as well as for the promotion of the foreign investments even in the period of deep financial crises. Contemporary governments' pro-active countertrade orientation in USA, Israel, Sweden, Norway, Japan and other developed countries highlights the inadequacy of the obsolete and stereotypical concept of the countertrade as the compensation transaction based on the 'trade without money' concept. Besides this, the practices proved that countertrade transactions are the consequence and the indicator of economic shocks. Therefore, the study of the special legal issues that may arise in countertrade transactions will be very important not only for the domestic legal doctrine but also for the commercial practice. As national laws do not contain provisions specific for countertrade, it is of particular importance to analyze legal question such as structuring and drafting of countertrade arrangements as well as to study the question of the legal nature of the contractual link between legal instruments which form multicontractual mechanism of countertrade transactions. The character of the legal connection among the legal instruments in countertrade arrangement, as well as the legal nature of the countertrade commitment, strongly influence the countertrade agreement's legal nature. The economic reality of a group of contracts joined by the common goal of the transaction (consideration and the countertrade commitment has to be followed by the legal reality which will recognize the legal interdependence of the obligation deriving from the legally independent countertrade arrangement.

EVOLUTION OF LEGAL ADDED VALUE FOR ECONOMY BETWEEN KNOWLEDGE AND RISK

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Ioan I, GĂF-DEAC

2014-11-01

Full Text Available This paper deals with the management of welfare maximization problems about New Economy etween knowledge and risk. Integrative systemic perspectives are analyzed between knowledge economy and risk. Also describes the prerequisites for formalization utilitarian jurisprudence regarding integrative systems outlook for the economy between knowledge and risk. In this context, it is estimated that in management, economics and law may be formalized utilitarian jurisprudence. Freedom and efficiency of governance, distribution of rights and obligations regarding registration report completes the study of phase between freedom of cyber-space and legal normativity.

Reconciling the expectations of community participants with the requirements of non-fossil fuel obligation: the experience of Harlock Hill windfarm

International Nuclear Information System (INIS)

Harrop, J.

1998-01-01

Is it possible to reconcile the aspirations of community participants in a wind energy project with the requirements imposed by the Non-Fossil Fuel Obligation legislation and procedure? This paper considers the practical experience of the framework that was adopted at Harlock Hill wind farm for community participation and the legal structure that were required to ensure that the project retained the full benefit of the premium price arrangements with the Non-Fossil Purchasing Agency Limited. (Author)

Cancer Moonshot Funding Obligations FY 2017

Science.gov (United States)

NCI reports Cancer Moonshot obligations by funding mechanism. See obligations for Moonshot grants, intramural research, and contracts, including the number of grant awards, funding amounts, and percentages by mechanism of the total Cancer Moonshot budget.

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

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Monica-Florentina POPA

2014-05-01

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

Prison nursing: legal framework and care reality

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H. Carrasco-Baún

Full Text Available Introduction: Penitentiary Nursing has experienced during the last decades a deep transformation similar to that experienced by the rest of the Nursing. However, there is a great distance from the protective legislation. Objective: To analyze the main legal documents which regulate the functions of Penitentiary Nursing and to compare it with the health care reality of nurses in Spanish prisons. Methodology: Narrative bibliographic review based on various sources such as Medline, Cuiden, Scielo, Dialnet, etc. Results: Is selected 43 documents, due to its relevance with the theme object of study. Is rejected 4 articles for lack of the same. Analyzed documents regarding legal framework and functions of nursing in prisons in its different sections (health care, teaching, research and management. Conclusion: The functions currently carried out in prisons are the ones provided for by health care legislation outside the prison context, along with the internal administrative regulations established by prisons. The possibility should be reconsidered of integrating Prison Healthcare into the Public Healthcare System so as to guarantee equality of healthcare for persons deprived of liberty and to provide the same rights and obligations to health professionals working in this sector.

Prison nursing: legal framework and care reality.

Science.gov (United States)

Carrasco-Baún, H

2017-06-01

Penitentiary Nursing has experienced during the last decades a deep transformation similar to that experienced by the rest of the Nursing. However, there is a great distance from the protective legislation. To analyze the main legal documents which regulate the functions of Penitentiary Nursing and to compare it with the health care reality of nurses in Spanish prisons. Narrative bibliographic review based on various sources such as Medline, Cuiden, Scielo, Dialnet, etc. Is selected 43 documents, due to its relevance with the theme object of study. Is rejected 4 articles for lack of the same. Analyzed documents regarding legal framework and functions of nursing in prisons in its different sections (health care, teaching, research and management). The functions currently carried out in prisons are the ones provided for by health care legislation outside the prison context, along with the internal administrative regulations established by prisons. The possibility should be reconsidered of integrating Prison Healthcare into the Public Healthcare System so as to guarantee equality of healthcare for persons deprived of liberty and to provide the same rights and obligations to health professionals working in this sector.

Legal approaches to transboundary pollution - relating to nuclear activities

International Nuclear Information System (INIS)

Hintsteiner, G.

2000-05-01

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

Harmful effect of arbitration dispute settlement EU intra bits to the legal order of the European Union

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Vukadinović Radovan D.

2017-01-01

Full Text Available The issue of interpreting and applying intra BITs, especially in cases where their solutions conflict with EU law or international law, are a reflection of the still unresolved relationship between EU law and international law. Despite the exceptional theoretical significance, the issue of hierarchy is, first and foremost, a political issue. The answer to it defines the legal nature of the EU and the direction of its further development: as a sui generis federal community or a regional community of a confederal type. In the legal theory, the opinion on sui generis and the autonomous legal order of the EU is prevalent. This was also confirmed by the Court of Justice in a series of cases. However, the analyzed decisions of investment arbitrations engaged on the basis of the ISDS mechanism call into question such a position. Arbiters believe that the rights and obligations of the BIT should be interpreted in accordance with the rules of international law and that, in the event of a conflict with EU law, priority should be given to the rules of international public law. For this reason, the European Commission and the Court of Justice only see the existence of ISDS clauses in the BITs as a threat to the preservation of the unity and autonomy of the EU legal order, because their activation is jeopardized by the 'interpretative monopoly' of the Court of Justice entrusted with the decision of previous issues to ensure unity of rights EU. The fact that the question of the effect of the ISDS mechanism is not only of theoretical importance is testified by the fact that the EU negotiations on a new generation of trade and investment agreements are examining proposals to establish a more democratic and transparent multilateral international judicial mechanism in place of the existing mechanism.

The pipeline service obligation under changing LDC purchasing practices

International Nuclear Information System (INIS)

Neff, S.J.

1990-01-01

Historically, interstate natural gas pipelines served as aggregators and transporters of gas supplies from the producing fields to the city-gate. In turn, local distribution companies (LDCs) bought gas from pipelines at the city-gate under long-term sales contracts and resold the gas to retail customers. Once a pipeline/LDC sales relationship was established through a regulated certificate process, the LDC was assured of gas supply up to the level of its contract demand (CD) at just and reasonable rates until abandonment of the pipeline's sales service obligation was granted by the Federal Energy Regulatory Commission (FERC). During the years of regulated wellhead pricing and limited gas deliverability, pipelines signed long-term take-or-pay contracts with producers to induce them to develop and commit new gas supplies. Those supply cost obligations were reflected in tariff minimum bill provisions. For years, this pipeline/LDC arrangement was mutually beneficial and provided assured firm service. With the load diversity on large interstate pipeline systems and the make-up provisions under take-or-pay clauses, these gas purchase contracts provided supply reliability without negative economic consequence to the pipelines. Then, with the issuance of FERC Order Nos. 380, 436, and 500, LDCs' obligations to purchase gas from pipeline suppliers according to the terms of those long term sales agreements were irrevocably altered. The impacts of those long term sales agreements were irrevocably altered. The impacts of those orders the elimination of minimum bills and the advent of open access transportation caused a serious erosion of the mutual obligations between pipelines and their LDC customers. The result has been a significant loss of pipeline sales markets as LDC customers have chosen alternative supplied, often at the urging of state public utility commissions (PUCs) to lower short-term costs

Duty of care is underpinned by a range of obligations.

Science.gov (United States)

Griffith, Richard

The courts have long established that nurses are in a duty situation and owe a duty of care to their patients (Kent v Griffiths [2001]). Traditionally, the profession set the standard of care and nurses were required to act in accordance with a practice accepted by a responsible body of their peers (Bolam v Friern HMC [1957]).The introduction of the Human Rights Act 1998 gave rise to a positive obligation on government to ensure that laws, policies and procedures are in place to protect violations of human rights. Nurses must now inform their practice with relevant statute law, common law and professional standards in order to properly discharge their duty of care. Richard Griffith considers the law that now underpins a nurse's duty of care and uses a recent report from the Health Service Ombudsman for England to illustrate the obligations that underpin the nurse-patient relationship.

7 CFR 400.167 - Limitations on Corporation's obligations.

Science.gov (United States)

2010-01-01

... 7 Agriculture 6 2010-01-01 2010-01-01 false Limitations on Corporation's obligations. 400.167... INSURANCE CORPORATION, DEPARTMENT OF AGRICULTURE GENERAL ADMINISTRATIVE REGULATIONS Reinsurance Agreement... Corporation's obligations. The Agreement will include the following among the limitations on the obligations...

12 CFR 208.101 - Obligations concerning institutional customers.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 2 2010-01-01 2010-01-01 false Obligations concerning institutional customers...) Interpretations § 208.101 Obligations concerning institutional customers. (a) As a result of broadened authority... on their suitability obligations when making recommendations to institutional customers. (b) The...

Theories of cause (consideration of contract in the Serbian doctrine of civil law after the adoption of the Law on Obligations

Directory of Open Access Journals (Sweden)

Dudaš Atila

2012-01-01

Full Text Available The adoption of the Law on Obligations in 1978 can certainly be considered as an event of watershed importance in respect to the analysis of various theoretical points of view on the notion of cause (consideration of contract in the Serbian literature. The fact that it had not been explicitly regulated in Serbian positive law until the adoption of Law had a profound impact on the evolution of doctrine in this period. The range of differing theoretical points of view was very wide, covering essentially all the relevant streams in the doctrine of cause, from the ones accepting it (so-called causalistic theories, through the ones explaining it solely by the notion of exchange of assets (so-called economic theories, to the ones denying its legal significance in any sense (so called anticausalistic theories. The most distinguished authorities in Serbian literature of contract law, who studied the notion of cause of contract in the period until the promulgation of the Law, were Dragoljub Aranđelović, Živojin Perić, Lazar Marković, Andrija Gams, Stevan Jakšić, Vladimir Kapor and Mihailo Konstantinović. The Law on Obligations explicitly regulates the notion of cause of contract as one of the preconditions of validity and effect of a contract, which had a substantial impact on the evolution of doctrine. On the one hand, being an institution of positive law, there is hardly an author who had not devoted some attention to the notion of cause of contract. In this paper the author analyzes the points of view of Stojan Cigoj, Ljubiša Milošević, Živomir Đorđević, Boris Vizner, Martin Vedriš, Želimir Šmalcelj, Jakov Radišić, Slobodan Perović, Jožef Salma and Oliver Antić. On the other hand, the scope of various, often conflicting, theories on cause of contract in Serbian literature shrank. One can recognize a tendency of abandonment of points of view disavowing any legal relevance of cause of contract and the majority of contemporary

UBERTRUST: How Uber Represents Itself to Its Customers Through its Legal and Non-Legal Documents

OpenAIRE

Noto La Diega, Guido; Jacovella, Luce

2016-01-01

This paper examines some of the key factors that contribute to build or erode users’ trust in a platform-based service such as the one provided by Uber Technologies Inc. As clarified by the European Commission, the future Internet cannot succeed without trust of online platforms’ users. The paper explores Uber’s web of relationships with different categories of users, i.e., ‘driver-partners’, ‘riders’, ‘developers’ and ‘business users’ through Uber’s legal and non-legal representations. By an...

NCI & Division Obligations

Science.gov (United States)

Displays obligations for grants, contracts, training fellowships, intramural research, and management and support, including the number of grant awards, funding amounts, and percent of the total NCI budget.

The economics of a landing obligation

DEFF Research Database (Denmark)

Andersen, Peder; Ståhl, Lisa

By 2015 The European Common Fisheries Policy Reform includes a landing obligation in some fisheries and over the next few years all EU fisheries will be facing the obligation to land all catches. In spite of that, there is a lack of theoretical as well as empirical analyses of the consequences...... of a landing obligation. The paper includes an empirical analysis of the landing obligation’s impact on the Danish fishery in the short run. In the first part of the paper, we survey the fisheries economics literature for theoretical findings regarding behavioural aspects of a discard ban and we exploring gaps...... things, the analysis shows that the fisheries will suffer economic losses under the landing obligation if quotas are not increased with the historical discard rate. With quota top-ups however fisheries can experience economic gains which increase with reduced minimum sizes or by increasing selectivity....

47 CFR 27.1168 - Triggering a Reimbursement Obligation.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 2 2010-10-01 2010-10-01 false Triggering a Reimbursement Obligation. 27.1168... a Reimbursement Obligation. (a) The clearinghouse will apply the following test to determine when an... reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with...

47 CFR 24.247 - Triggering a reimbursement obligation.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 2 2010-10-01 2010-10-01 false Triggering a reimbursement obligation. 24.247... Mhz Band § 24.247 Triggering a reimbursement obligation. (a) Licensed PCS. The clearinghouse will... the Proximity Threshold test indicates that a reimbursement obligation exists, the clearinghouse will...

Legally protecting and compelling veterinarians in issues of animal abuse and domestic violence.

Science.gov (United States)

Robertson, I A

2010-06-01

The majority of veterinarians recognise their important role and responsibility to society and animal welfare in the detection and reporting of suspected abuse of animals and humans. In spite of the existing moral, ethical, and legal duties applied to veterinarians, they face substantial barriers that prohibit them from fulfilling their professional role in handling cases of suspected abuse. With increasing public and legal attention on issues of animal welfare, the non-fulfillment of these duties places the profession and its members at considerable risk of public criticism and adverse legal accountability. The issue is raised here that the veterinary profession in New Zealand needs to provide a clear policy statement and take pro-active measures that provide practical enforceable solutions to these existing barriers and legal risks. Such an initiative will assist in ensuring that all registered members consistently fulfil their obligations, and are legally protected while doing so. Veterinary counterparts overseas already provide a legislative immunity for their veterinarians who report suspected abuse as part of a mandated duty to report. Implementation of such a duty has significant benefits for all veterinarians, including the requirement for education and effective support systems. In the absence of such a mandatory duty, intermediary measures can be introduced, demonstrating social responsibility and commitment by the profession to their existing duty of care.

Morally sensitive issues and cross-border movement in the EU. The cases of reproductive matters and legal recognition of same-sex relationships

NARCIS (Netherlands)

Koffeman, Nelleke Renate

2015-01-01

Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships and reproductive matters such as abortion, assisted human reproduction and surrogacy. Cross-border movement within the EU exposes and affects this diversity, as it

Addressing law and agroecosystems, sovereignty and sustainability from a legal pluralistic perspective

NARCIS (Netherlands)

Hospes, O.

2015-01-01

This paper wants to contribute to the debate on the complex relationships between law and agroecosystems from a legal pluralistic perspective. For this purpose, it first explains what is legal pluralism, and then this notion is used to conceptualize law, the relationship between law and social

45 CFR 2400.65 - Teaching obligation.

Science.gov (United States)

2010-10-01

... FOUNDATION FELLOWSHIP PROGRAM REQUIREMENTS Special Conditions § 2400.65 Teaching obligation. Upon receiving a Master's degree, each Fellow must teach American history, American government, social studies, or... 45 Public Welfare 4 2010-10-01 2010-10-01 false Teaching obligation. 2400.65 Section 2400.65...

Where to place the saving obligation: Energy end-users or suppliers?

International Nuclear Information System (INIS)

Bertoldi, Paolo; Labanca, Nicola; Rezessy, Silvia; Steuwer, Sibyl; Oikonomou, Vlasis

2013-01-01

Obligations to save energy differentiate, among other features, by obliged parties. These are obligations on energy suppliers and energy end-users. Supplier obligations have been introduced in North America, Europe and Australia. Under supplier obligations energy suppliers have to comply with mandatory energy saving targets and thus they implement (directly or via third parties) energy efficiency projects on their clients’ premises, or they decide to trade certified project savings if this option is envisaged by their obligation scheme. In several emerging schemes such as the UK Carbon Reduction Commitment (CRC) Energy Efficiency Scheme, the Tokyo Emission Trading Scheme or the Perform Achieve and Trade (PAT) Scheme in India, the obligation to reduce energy consumption is placed on large end-users directly and end-users are allowed to trade emissions allowances or energy saving certificates. The paper starts with presenting these two conceptually different ways for introducing energy saving obligations. Then it analyses advantages and disadvantages of end-users obligations compared to suppliers obligations. The preliminary conclusion of the paper is that supplier obligations seem to be well-suited for the residential sector, but end-user saving obligations may offer advantages when it comes to the industrial and commercial sectors. - Highlights: • We present different ways for introducing energy saving obligations. • We analyse energy end-users obligations vs. supplier obligations. • Supplier obligations seem to be well-suited for the residential sector. • End-user obligations offer advantages in the industrial and commercial sectors

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

Obligation target for sustainable energy

International Nuclear Information System (INIS)

Lensink, S.M.; Hekkenberg, M.

2012-01-01

The Dutch Ministry of Economic Affairs, Agriculture and Innovation asked ECN several questions about the development of a supplier's obligation. These questions addressed the volume of the certificates market. The questions are worded as follows by ECN: What is a realistic level to be set for the obligation for sustainable energy or for renewable electricity (in percentage of delivered electricity or TWh/year)? How far into the future should these obligations minimally be set? Is it desirable to limit the certificate issuance time to for example the economic life of an installation? This memo addresses the questions, knowing that the entire policy development process will still take considerable time. At the time of publication of this memo, large uncertainties still existed about the eventual shaping of future policy. [nl

47 CFR 27.1184 - Triggering a reimbursement obligation.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 2 2010-10-01 2010-10-01 false Triggering a reimbursement obligation. 27.1184... reimbursement obligation. (a) The clearinghouse will apply the following test to determine when an AWS entity... paragraphs (a)(3)(i) and (ii) of this section, indicates that a reimbursement obligation exists, the...

24 CFR 891.755 - Obligations of the family.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Obligations of the family. 891.755... the Elderly and Persons with Disabilities Section 202 Projects for the Nonelderly Handicapped Families and Individuals-Section 162 Assistance § 891.755 Obligations of the family. The obligations of the...

INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

Directory of Open Access Journals (Sweden)

A. Tyrtyshny

2015-01-01

Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

The Analysis of the Carrier’s Obligations during the Movement of Goods in Terms of Dual Perspective of the Budapest Convention and the Settlement of the New Civil Code

Directory of Open Access Journals (Sweden)

Ion IORGA

2012-08-01

Full Text Available In the present study we have analyzed one of the most important, but at the same time conflicting, the carrier’s obligations arise under the contract of carriage, that is the compliance of the itinerary while traveling goods to their destination, safely without delay. Using content analysis, through a descriptive documentary research and jurisprudence analysis, this study aims at identifying both the content of the obligation of complying the itinerary established in the contract or the usages that derive from, and particular aspects of this obligation which modifies the original terms of the carriage contract. Also, the paper discusses the texts of the New Civil Code and the Budapest Convention on the carriage contract on inland waterways. To what extent the carrier is entitled to invoke the exemption causes of liability? What are these causes? The paper is in the interest of legal practitioners that confront with the compliance issue of the carrier’s obligations and attracting the liability of the carrier for all damages of the goods, during and after the route deviation from the itinerary in given situation.

Legal Duties and Legal Liabilities of Coaches toward Athletes

Directory of Open Access Journals (Sweden)

Mirsafian Hamidreza

2016-03-01

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

12 CFR 997.5 - Termination of the obligation.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Termination of the obligation. 997.5 Section 997.5 Banks and Banking FEDERAL HOUSING FINANCE BOARD NON-BANK SYSTEM ENTITIES RESOLUTION FUNDING CORPORATION OBLIGATIONS OF THE BANKS § 997.5 Termination of the obligation. (a) Generally. The Banks...

24 CFR 891.615 - Obligations of the family.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Obligations of the family. 891.615 Section 891.615 Housing and Urban Development Regulations Relating to Housing and Urban Development... 8 Assistance § 891.615 Obligations of the family. The obligations of the family are provided in...

47 CFR 27.1239 - Reimbursement obligation.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 2 2010-10-01 2010-10-01 false Reimbursement obligation. 27.1239 Section 27... Policies Governing the Transition of the 2500-2690 Mhz Band for Brs and Ebs § 27.1239 Reimbursement obligation. (a) A proponent may request reimbursement from BRS licensees and lessees, EBS lessees, and...

Expectations of filial obligation and their impact on preferences for future living arrangements of middle-aged and older Asian Indian immigrants.

Science.gov (United States)

Diwan, Sadhna; Lee, Sang E; Sen, Soma

2011-03-01

Filial obligation, described as culturally-defined rights and duties that prescribe how family members are expected to care for and provide support to each other, is an important variable that influences older immigrants' preferences for living and care arrangements. This exploratory study examined variables associated with expectations of filial obligation among middle-aged and older, Asian Indian, first generation immigrants and explored the relationship between variations in expectations of filial obligation and expressed preferences for future living arrangements. Data were collected through telephone surveys of 226 English-speaking immigrants in Atlanta, GA. Although no significant relationships were observed between filial obligation expectations and length of residence in the U.S., respondents indicated a variety of preferred future living arrangements. Contrary to current living arrangement patterns found among older immigrants, very few respondents preferred to move in with their children. The most popular preference was to "move closer to children," followed by "moving to a retirement community" with the majority preferring a retirement community geared to Asian Indians. Other preferences included "not moving" and "returning to India." Variations in expectations of filial obligation, length of residence in the U.S., and self-rated health were significantly associated with these preferences. Implications are discussed for building capacity within ethnic communities to address living arrangement preferences and their repercussions for caregiving in ethnic families and in communities.

Legal deposit of ebooks in France and its bearings on cataloguing and the National Bibliography

OpenAIRE

Derrot , Sophie; Koskas , Mathilde

2015-01-01

International audience; French law on digital legal deposit covers websites and online content as well as ebooks. It imposes no obligation to produce a bibliography in the traditional form, indexing being sufficient. But despite their innovative characteristics, ebooks are still books, and their bibliographic metadata is closer to that of printed materials than to the indexation of web archives. To set up a complete ebook deposit workflow, the Bibliothèque nationale de France (BnF) benefits f...

Sustainable development and the nature of environmental legal ...

African Journals Online (AJOL)

2. What is the exact difference between a principle and a legal rule, and between a principle and a policy? 3. What is the relationship between a principle and more concrete legal rules and policies? It is argued that principles of environmental law receive their high moral value from the ideal of sustainable development.

The legal status of persons in the dwelling or other private property of which the search is carried out

Directory of Open Access Journals (Sweden)

Ірина Вегера-Іжевська

2017-06-01

Full Text Available The article is devoted to legal regulation of procedural rights and obligations of persons in a dwelling or other private property of which the search is carried out. Analyzed enforcement practice of Ukraine and the European court of human rights, foreign criminal procedure law, clarified the shortcomings of the normative regulation of the legal status of the individual, which can interfere with the right to inviolability of the home or other private property of a person. Suggestions to amend the current legislation with the provisions of the voluntary disclosure of the objects specified in the resolution, or the indication of the location of the person sought.

Improving the working relationship between doctors and pharmacists: is inter-professional education the answer?

LENUS (Irish Health Repository)

Gallagher, Ruth M

2012-05-01

Despite their common history, there are many cultural, attitudinal and practical differences between the professions of medicine and pharmacy that ultimately influence patient care and health outcomes. While poor communication between doctors and pharmacists is a major cause of medical errors, it is clear that effective, deliberate doctor-pharmacist collaboration within certain clinical settings significantly improves patient care. This may be particularly true for those patients with chronic illnesses and\\/or requiring regular medication reviews. Moreover, in hospitals, clinical and antibiotic pharmacists are successfully influencing prescribing and infection control policy. Under the new Irish Pharmacy Act (2007), pharmacists are legally obliged to provide pharmaceutical care to their patients, thus fulfilling a more patient-centred role than their traditional \\'dispensing\\' one. However, meeting this obligation relies on the existence of good doctor-pharmacist working relationships, such that inter-disciplinary teamwork in monitoring patients becomes the norm in all healthcare settings. As discussed here, efforts to improve these relationships must focus on the strategic introduction of agreed changes in working practices between the two professions and on educational aspects of pharmaceutical care. For example, standardized education of doctors\\/medical students such that they learn to prescribe in an optimal manner and ongoing inter-professional education of doctors and pharmacists in therapeutics, are likely to be of paramount importance. Here, insights into the types of factors that help or hinder the improvement of these working relationships and the importance of education and agreed working practices in defining the separate but inter-dependent professions of pharmacy and medicine are reviewed and discussed.

Improving the working relationship between doctors and pharmacists: is inter-professional education the answer?

Science.gov (United States)

Gallagher, Ruth M; Gallagher, Helen C

2012-05-01

Despite their common history, there are many cultural, attitudinal and practical differences between the professions of medicine and pharmacy that ultimately influence patient care and health outcomes. While poor communication between doctors and pharmacists is a major cause of medical errors, it is clear that effective, deliberate doctor-pharmacist collaboration within certain clinical settings significantly improves patient care. This may be particularly true for those patients with chronic illnesses and/or requiring regular medication reviews. Moreover, in hospitals, clinical and antibiotic pharmacists are successfully influencing prescribing and infection control policy. Under the new Irish Pharmacy Act (2007), pharmacists are legally obliged to provide pharmaceutical care to their patients, thus fulfilling a more patient-centred role than their traditional 'dispensing' one. However, meeting this obligation relies on the existence of good doctor-pharmacist working relationships, such that inter-disciplinary teamwork in monitoring patients becomes the norm in all healthcare settings. As discussed here, efforts to improve these relationships must focus on the strategic introduction of agreed changes in working practices between the two professions and on educational aspects of pharmaceutical care. For example, standardized education of doctors/medical students such that they learn to prescribe in an optimal manner and ongoing inter-professional education of doctors and pharmacists in therapeutics, are likely to be of paramount importance. Here, insights into the types of factors that help or hinder the improvement of these working relationships and the importance of education and agreed working practices in defining the separate but inter-dependent professions of pharmacy and medicine are reviewed and discussed.

5 CFR 2635.809 - Just financial obligations.

Science.gov (United States)

2010-01-01

... obligations. Employees shall satisfy in good faith their obligations as citizens, including all just financial... employee or reduced to judgment by a court. In good faith means an honest intention to fulfill any just...

Legal issues in clouds: towards a risk inventory.

Science.gov (United States)

Djemame, Karim; Barnitzke, Benno; Corrales, Marcelo; Kiran, Mariam; Jiang, Ming; Armstrong, Django; Forgó, Nikolaus; Nwankwo, Iheanyi

2013-01-28

Cloud computing technologies have reached a high level of development, yet a number of obstacles still exist that must be overcome before widespread commercial adoption can become a reality. In a cloud environment, end users requesting services and cloud providers negotiate service-level agreements (SLAs) that provide explicit statements of all expectations and obligations of the participants. If cloud computing is to experience widespread commercial adoption, then incorporating risk assessment techniques is essential during SLA negotiation and service operation. This article focuses on the legal issues surrounding risk assessment in cloud computing. Specifically, it analyses risk regarding data protection and security, and presents the requirements of an inherent risk inventory. The usefulness of such a risk inventory is described in the context of the OPTIMIS project.

The legal regulation of career course in Latvian Police

OpenAIRE

Kitija Bite

2013-01-01

ANNOTATION The research „The legal regulation of career course in Latvian Police” describes the existing legal regulation of all Service elements. In order to unveil the intended purpose several aspects were analyzed – selection and professional training for the Service, organization of the career and termination of legal relationships. The structure of the research is constituted by the given elements, where a chapter is dedicated to each of them. With regard to foreign exp...

Social categories as markers of intrinsic interpersonal obligations.

Science.gov (United States)

Rhodes, Marjorie; Chalik, Lisa

2013-06-01

Social categorization is an early-developing feature of human social cognition, yet the role that social categories play in children's understanding of and predictions about human behavior has been unclear. In the studies reported here, we tested whether a foundational functional role of social categories is to mark people as intrinsically obligated to one another (e.g., obligated to protect rather than harm). In three studies, children (aged 3-9, N = 124) viewed only within-category harm as violating intrinsic obligations; in contrast, they viewed between-category harm as violating extrinsic obligations defined by explicit rules. These data indicate that children view social categories as marking patterns of intrinsic interpersonal obligations, suggesting that a key function of social categories is to support inferences about how people will relate to members of their own and other groups.

Is there a moral obligation not to infect others?

Science.gov (United States)

Harris, J; Holm, S

1995-11-04

The emergence of HIV infection and AIDS has refocused concern on the obligations surrounding the carrying and transmission of communicable diseases. This article asks three related questions: Is there a general duty not to spread contagion? Are there special obligations not to communicate disease in the workplace? And does the mode of transmission of the disease affect the ethics of transmission and, if so, how and to what extent? There seems to be a strong prima facie obligation not to harm others by making them ill where this is avoidable, and this obligation not to communicate disease applies as much to relatively trivial diseases like the common cold as it does to HIV disease. The reasonableness of expecting people to live up to this obligation, however, depends on society reciprocating the obligation in the form of providing protection and compensation.

Lessee's obligations under the oil and gas lease

International Nuclear Information System (INIS)

Malcolm, R.T.

1998-01-01

Obligations of a lessee under the present day freehold petroleum and natural gas lease are described. The effect of recent cases relating to fiduciary and good faith duties on the lessee's obligations are also examined. Every lease under the Canadian Association of Petroleum Landmen (CAPL) must specifically deal with rights to be granted, the obligations to drill, royalties, the length of the primary term, the amount of the rental rights, rights to pool, and offset obligations. In Alberta, the most accepted petroleum and natural gas lease form is the CAPL 91. This form is presently being revised to create the 1998 version. The contents of this discussion included: (1) historical lease interpretation, (2) fiduciary obligations, (3) the definition of the doctrine of good faith, (4) implied and express covenants, (5) application of the default clause and (6) force majeur provisions. Although Alberta law does not recognize the doctrine of good faith, nevertheless the court will review the obligations of the lessee and if they do not feel that the lessee has acted fairly with respect to the lessor and damages have resulted, the court will find for the lessor

Whistleblowing and the bioethicist's public obligations.

Science.gov (United States)

MacDougall, D Robert

2014-10-01

Bioethicists are sometimes thought to have heightened obligations by virtue of the fact that their professional role addresses ethics or morals. For this reason it has been argued that bioethicists ought to "whistleblow"--that is, publicly expose the wrongful or potentially harmful activities of their employer--more often than do other kinds of employees. This article argues that bioethicists do indeed have a heightened obligation to whistleblow, but not because bioethicists have heightened moral obligations in general. Rather, the special duties of bioethicists to act as whistleblowers are best understood by examining the nature of the ethical dilemma typically encountered by private employees and showing why bioethicists do not encounter this dilemma in the same way. Whistleblowing is usually understood as a moral dilemma involving conflicting duties to two parties: the public and a private employer. However, this article argues that this way of understanding whistleblowing has the implication that professions whose members identify their employer as the public-such as government employees or public servants--cannot consider whistleblowing a moral dilemma, because obligations are ultimately owed to only one party: the public. The article contends that bioethicists--even when privately employed--are similar to government employees in the sense that they do not have obligations to defer to the judgments of those with private interests. Consequently, bioethicists may be considered to have a special duty to whistleblow, although for different reasons than those usually cited.

[The dignity of the patient: a legal problem?].

Science.gov (United States)

Schultz, H

1980-11-01

Rules of medical ethic bid since the times of antiquity to respect the patients dignity. Today to respect the dignity of any man is a general legal rule. In the same way other rules of the traditional medical ethic became legal norms as for instance the command forbidding to do harm to someone. The law intends to limit the possibilities to exercise power. Therefore it does not compete to the doctor alone to decide that a medical treatment has to be applied. The legal base of a medical treatment lies in the consent of the patient who has been duly cleared up on his state, the necessary treatment and its risks. If it has to be decided if a doctor has given the right treatment in a special case it does not suffice to consult the general rules of the law; the circumstances of the case have to be considered as well. The doctor has to decide, according to the actual medical knowledge and the rules of his professional art what the appropriate proceeding is. Legal and medical considerations are closely connected if one judges a doctor handling a special case. If the patient consents, the doctor is not obliged to treat him, but he is entitled to do it, cases of emergency excepted. If and in what way he treats the patient has to be decided by the doctor according to medical criterias. If a patient, sound of mind, who is suffering heavily by an incurable illness asks the doctor to restrain treatment to alleviating the pains and to the absolute cares to preserve life, the doctor is bound by his patient's wish. In analogy the legal construct of "conducting business without mandate" allows the doctor to proceed in the same way if the patient who lost consciousness is not able to decide upon the treatment and whose death is inevitable and imminent if this is the only wise to respect the dignity of the patient.

Material Adverse Effect Clause – Proper Legal Work or Contribution to False Sense of Security?

DEFF Research Database (Denmark)

Fomcenco, Alex

2014-01-01

Regardless of whether you are a buyer or a seller, and regardless what the object of the contract is, it is essentially important that you seek to protect your rights through various clauses that must aim to provide clearness to contractual obligations, defini- tions of breach, and consequences...... thereof. The article addresses a number of interest- protective legal mechanisms and necessity of their explicit incorporation in the contract. With emphasis on Material Adverse Effect clause the paper focuses on its exigency and applicability....

Should There Be an Obligation of Disclosure of Origin of Genetic Resources in Patent Applications? – Learning Lessons from Developing Countries

Directory of Open Access Journals (Sweden)

Graeme Laurie

2005-06-01

Full Text Available In the lead-up to two meetings in June 2005 which will address the question of whether there should be an obligation of disclosure of origin of genetic resources in patent applications, this paper uses the on-going international policy debate in this area as a platform both to make some specific observations about this particular issue, and to offer some comments on the broader question which it raises of how the intellectual property world integrates with other legal and ethical regimes.

Displacement and gratitude: accounting for the political obligation of refugees

Directory of Open Access Journals (Sweden)

Jason D'Cruz

2014-03-01

Full Text Available On what basis, and to what extent, are refugees obligated to obey the laws of their host countries? Consideration of the specific case of asylum-seekers generates, I think, two competing intuitions: (1 the refugee has a prima facie obligation to obey the laws of her host country and (2 none of the popularly canvassed substrates of political obligation—consent, tacit consent, fairness, or social role—is at all apt to explain the presence of this obligation. I contend that the unfashionable gratitude account of political obligation does the best job of accounting for the intuitions. As has been noticed by other commentators, obligations of gratitude are difficult to specify and subject to numerous cancelling conditions. I analyze these conditions in detail and conclude that if one accepts that gratitude is the basis of the political obligation of the refugee, then one must face up to just how frangible the obligation is. In particular, the obligation is conditional on the fair and generous treatment of refugees that is consistent with their dignity as human beings.

24 CFR 266.415 - Mortgage lien and other obligations.

Science.gov (United States)

2010-04-01

... determine, that all contractual obligations in connection with the mortgage transaction, including the... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Mortgage lien and other obligations... Mortgage and Closing Requirements; HUD Endorsement § 266.415 Mortgage lien and other obligations. (a) Liens...

Is there a moral obligation not to infect others?

Science.gov (United States)

Harris, J.; Holm, S.

1995-01-01

The emergence of HIV infection and AIDS has refocused concern on the obligations surrounding the carrying and transmission of communicable diseases. This article asks three related questions: Is there a general duty not to spread contagion? Are there special obligations not to communicate disease in the workplace? And does the mode of transmission of the disease affect the ethics of transmission and, if so, how and to what extent? There seems to be a strong prima facie obligation not to harm others by making them ill where this is avoidable, and this obligation not to communicate disease applies as much to relatively trivial diseases like the common cold as it does to HIV disease. The reasonableness of expecting people to live up to this obligation, however, depends on society reciprocating the obligation in the form of providing protection and compensation. Images p1216-a p1216-b p1217-a PMID:7488907

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

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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.

Considering mortage as one of the means of securing the execution of obligations recognized in the current Albanian legislation

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Neritan Cena

2017-07-01

Full Text Available The mortgage is one of the safest means to guarantee the execution of obligations. The definition of a mortgage is given in the article 560 of the Albanian Civil Code. A mortgage is a defined as concrete right placed on the wealth of a debtor or of a third party, on behalf of the creditor, in order to accomplish an obligation. Nonetheless, despite this initial definition seems to superficially imply that any wealth of the debtor or of a third party can be placed as a mortgage, this is not true because according to the article 561 of the Civil Code, the wealth or properties that can be used as mortgage are the following: Immobile property; Usufructes of these objects (of immobile property apart from the legal usufruct of the parents, as well as other emphiteotic rights over these objects. In any case, the person who places a mortgage on a property must be the owner or when this person is a third party, consent must be given so that a mortgage can be placed on a property to guarantee the accomplishment of obligations on behalf of the debtor. A mortgage can be placed on properties that are already existing at the time of the contract or properties that are about to exist in the future.

Inability and Obligation in Moral Judgment

Science.gov (United States)

Buckwalter, Wesley; Turri, John

2015-01-01

It is often thought that judgments about what we ought to do are limited by judgments about what we can do, or that “ought implies can.” We conducted eight experiments to test the link between a range of moral requirements and abilities in ordinary moral evaluations. Moral obligations were repeatedly attributed in tandem with inability, regardless of the type (Experiments 1–3), temporal duration (Experiment 5), or scope (Experiment 6) of inability. This pattern was consistently observed using a variety of moral vocabulary to probe moral judgments and was insensitive to different levels of seriousness for the consequences of inaction (Experiment 4). Judgments about moral obligation were no different for individuals who can or cannot perform physical actions, and these judgments differed from evaluations of a non-moral obligation (Experiment 7). Together these results demonstrate that commonsense morality rejects the “ought implies can” principle for moral requirements, and that judgments about moral obligation are made independently of considerations about ability. By contrast, judgments of blame were highly sensitive to considerations about ability (Experiment 8), which suggests that commonsense morality might accept a “blame implies can” principle. PMID:26296206

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

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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

Know-how provider’s right to claim damages for non-pecuniary loss in light of the legal nature of know-how

Directory of Open Access Journals (Sweden)

Tuğçe Oral

2017-12-01

Full Text Available The know-how contract is one of the most important means for transferring and developing technology. It is crucial to find out whether the parties of know-how contract have a right to claim damages for non-pecuniary loss in light of the legal nature of knowhow. In this article, I begin by defining the know-how contracts and in particular I will analyze the main obligations of the parties. Secondly, I will deal with the definition and the legal nature of know-how, since considerable uncertainty exists as to the degree or type of protection regarding the legal nature of know-how. There are different opinions put forward, which defines the legal nature of know-how as a property, an intangible asset, a monopoly of fact and a personality right. Finally, and on the basis of the conclusion reached under the previous section, I will discuss whether it is possible for know-how provider to claim damages for non-pecuniary loss.

The Main Directions in Comparative Franchising Regulation – Unidroit Initiative and its Influence

OpenAIRE

Tamara Milenkovic KERKOVIC

2010-01-01

Franchising is a growing and overspread business activity but its legal aspects create many potential difficulties for those intended to oblige themselves in legal relationship of franchising agreement. The legal problems in franchising arise not only because of the numerous controversies which are immanent to the franchising agreements but because franchising is not one type of agreement; it is a rather a concept which covers a number of different types of contracts in various aspects of bus...

7 CFR 1755.27 - Borrower contractual obligations.

Science.gov (United States)

2010-01-01

... 7 Agriculture 11 2010-01-01 2010-01-01 false Borrower contractual obligations. 1755.27 Section 1755.27 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE... CONTRACT FORMS § 1755.27 Borrower contractual obligations. (a) Loan agreement. As a condition of a loan or...

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

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Mehmet Unsal Memis

2012-01-01

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

Review of International Experience with Renewable Energy Obligation Support Mechanisms

Energy Technology Data Exchange (ETDEWEB)

Wiser, R.

2005-06-01

The main policy instruments currently used in the EU Member States to achieve the targets set for electricity produced from renewable energy sources are: (1) the quota obligation system; (2) the feed-in tariff system; and (3) the tendering system. The current study aims to review the experience gained with the quota obligation system. The report provides an overview of the regions where obligation systems have been implemented and contains a detailed evaluation of the performance of the obligation systems in the USA, the UK and in Sweden. The obligation systems in these countries have been evaluated based on the following criteria: Effectiveness; Market efficiency; Certainty for the renewable energy industry; Cost effectiveness; Stakeholder support for the obligation system; and Equity. The evaluation of international experiences with the obligation system gives rise to a mixed picture. Although an obligation in theory is effective and cost effective, it seems too early to conclude that the system delivers these promises in practice. On the one hand this is due to the limited period of implementation that makes it hard to distinguish between the direct effect of the system and some teething problems that will be solved in due time. On the other hand, the conclusion can be drawn that the obligation is a complex system, which will only function well if designed carefully. It does seem worthwhile, however, to continue monitoring the experiences with the obligation system abroad, because this will further reveal whether the system is indeed effective and cost effective in practice. In the longer term, e.g. beyond 2010, the introduction of an obligation system in the Netherlands could be considered. Finally, as the design of support schemes is being improved, it appears that the basic concepts of both the obligation system and the feed in system have been refined in such a way that the two systems are gradually converging. An important difference between the two systems

THE COURT OF JUSTICE OF THE EUROPEAN UNION AND INTERNATIONAL LEGAL ORDER

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TETYANA KOMAROVA

2017-01-01

Full Text Available The author discusses the relationship between two legal orders: international law and European Union (EU law. The main provisions of this relationship have been established through the precedential practice of the Court of Justice of the European Union – the EU’s main judicial body. This kind of research seems important because of the gap in the theory of international law caused by the immutable dogma of the supremacy of international law. However, modern legal practice demonstrates a certain fragmentation of the international legal order because of the impact of the existence and development of regional supranational legal orders. The EU legal order, with its own special nature (sui generis, is undoubtedly one of the most developed among them. The Court of Justice of the European Union performs a crucial role in the EU legal system concerning application and interpretation of EU law. It provides a uniform interpretation of this law for the purposes of development of supranational integration. In this context the Court of Justice the European Union establishes the status of European law and its relationship with the national legal systems and international law. The Court acts as protector of the EU legal order against the influence of other legal orders. The Court’s precedential practice reveals EU law’s tendency towards its constitutionalization and the development of its autonomy. The latest practice indicates the Court’s powers to review the EU institutions’ acts in relation to the implementation of UN Security Council resolutions. This proves the Court’s ability to establish indirect control even over UN acts.

Discourse Markers s Sentence Openers in Legal English

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Onorina Botezat

2010-06-01

Full Text Available Discourse markers can be defined as linguistic expressions of different length which carry pragmatic and propositional meaning, they are used to combine clauses or to connect sentence elements andthey appear in both speech and writing, and facilitate the discourse. Each discourse marker indicates a particular meaning relationship between two or more clauses. English is predominantly the language ofinternational legal practice and its importance to lawyers cannot be over-emphasized. The way in which one uses legal English can therefore be crucial to professional success. This paper stresses the importance of good usage of discourse markers in legal English.

Effectiveness of qualitative and quantitative security obligations

NARCIS (Netherlands)

Pieters, Wolter; Padget, J.; Dechesne, F.; Dignum, V.; Aldewereld, H.

Security policies in organisations typically take the form of obligations for the employees. However, it is often unclear what the purpose of such obligations is, and how these can be integrated in the operational processes of the organisation. This can result in policies that may be either too

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

International Nuclear Information System (INIS)

Gelas, Helene

2015-01-01

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

Legal Order Founded on Human Wisdom

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Elena IFTIME

2015-07-01

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

Antibiotic-resistant obligate anaerobes during exacerbations of cystic fibrosis patients.

Science.gov (United States)

Worlitzsch, D; Rintelen, C; Böhm, K; Wollschläger, B; Merkel, N; Borneff-Lipp, M; Döring, G

2009-05-01

Pseudomonas aeruginosa and Staphylococcus aureus are thought to cause the majority of lung infections in patients with cystic fibrosis (CF). However, other bacterial pathogens may contribute to the pathophysiology of lung disease. Here, obligate anaerobes were identified in a cross-sectional study, and cell numbers and antibiotic susceptibilities of facultative and obligate anaerobes from 114 sputum samples from nine children and 36 adults with CF were determined. Furthermore, in 12 CF patients, we investigated whether conventional intravenous antibiotic therapy, administered during acute exacerbations, would affect the numbers of obligate anaerobes. Fifteen genera of obligate anaerobes were identified in 91% of the CF patients. Cell numbers (mean: 2.2 x 10(7) +/- standard deviation 6.9 x 10(7) CFU/mL of sputum sample) were comparable to those of P. aeruginosa and S. aureus. Staphylococcus saccharolyticus and Peptostreptococcus prevotii were most prevalent. Infection with P. aeruginosa did not increase the likelihood that obligate anaerobes are present in sputum specimens. Single obligate anaerobic species persisted for up to 11 months in sputum plugs in vivo. Patients with and without obligate anaerobes in sputum specimens did not differ in lung function. Intravenous therapy directed against P. aeruginosa during acute exacerbations increased lung function, but did not reduce the numbers of obligate anaerobes. Obligate anaerobic species differed widely in their patterns of resistance against meropenem, piperacillin-tazobactam, clindamycin, metronidazole and ceftazidime. In 58% of patients with acute exacerbations, obligate anaerobes were detected that were resistant to the antibiotics used for treatment. Antibiotic therapy, optimized to target anaerobes in addition to P. aeruginosa, may improve the management of CF lung disease.

THE DILEMMA "FOR" AND "AGAINST" EUTHANASIA AND LEGAL AWARENESS OF THE DISABLED

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Paraskeva Mancheva

2016-10-01

Full Text Available Aim: to study the legal awareness of the disabled and to solve the "for" or "against" euthanasia issue Material and methods: The study includes 305 polymorbid disabled people and is certificated by the General territorial Expert Medical Commission (LEDC at University Hospital "St. Marina " Varna for the period October-December 2011. The study uses sociological method - direct and group inquiry and statistical methods: analysis (χ2, analysis of variance, correlation analysis (r, regression analysis (β. The processing of the results was performed by SPSS v.17.0 for Windows. Results: The study of the legal awareness of euthanasia revealed a need for more information among polymorbid disabled people. There is a discrepancy between their more positive, supportive attitude (acceptance of euthanasia and lack of willingness to actually conduct. The reasons for this can be found in the sporadic public discussions on the debate on euthanasia and in the increased distrust of the health care system. Respondents believe that euthanasia at this stage cannot be imputed as an obligation for the Bulgarian medics. Conclusion: The legal public awareness issue is essential to protect the rights of the citizens, for the realization of those activities that require strict compliance with the Constitution, laws and regulations. The legal awareness study of the disabled for solution of the "for" or "against" euthanasia issue presents an opportunity to discuss a way out of a hopeless situation for patients in terminal condition.

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

Directory of Open Access Journals (Sweden)

Vidya Prahassacitta

2017-01-01

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

Singer's Utilitarian Account of Cosmopolitan Obligations: A Critical ...

African Journals Online (AJOL)

based conception of cosmopolitan obligations. Singer's thesis, simply put, is that from the perspective of utilitarian and cosmopolitan considerations, the affluent owe a moral obligation to provide aid to the masses of the poor irrespective of whether ...

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.

Testing the limits of the 'joint account' model of genetic information: a legal thought experiment.

Science.gov (United States)

Foster, Charles; Herring, Jonathan; Boyd, Magnus

2015-05-01

We examine the likely reception in the courtroom of the 'joint account' model of genetic confidentiality. We conclude that the model, as modified by Gilbar and others, is workable and reflects, better than more conventional legal approaches, both the biological and psychological realities and the obligations owed under Articles 8 and 10 of the European Convention on Human Rights (ECHR). Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-01-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks. PMID:28502999

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis.

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-06-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks.

THE GENERAL RULE ON CHOICE OF LAW FOR NON-CONTRACTUAL OBLIGATIONS IN LEGISLATION OF EUROPEAN UNION AND BOSNIA AND HERZEGOVINA

Directory of Open Access Journals (Sweden)

Jasmina Alihodžić

2014-01-01

Full Text Available The project of unification of private international law on the level of European Union encompassed bringing of unique choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian legislator chose a set of flexible choice of law rules that enable satisfaction of the principle of legal certainty together with the establishment of a balance between persons claiming to be liable and sustaining damage. PIL Act that is being enforced in Bosnia and Herzegovina in relation to the subject of this paper alternatively determines the law applicable to non-contractual obligations, according to the law of the place where the harmful act was done or the law of where the consequence occurred, depending on which of these two laws is more favorable to the person sustaining damage. The author of this paper points out the evident discrepancy in the general rules of determination in EU legislation and Bosnia and Herzegovina, and the need to harmonize legislation in this field with the acquis communautaire, arising from the Stabilization and Association Agreement.

THE GENERAL RULE ON CHOICE OF LAW FOR NON-CONTRACTUAL OBLIGATIONS IN LEGISLATION OF EUROPEAN UNION AND BOSNIA AND HERZEGOVINA

Directory of Open Access Journals (Sweden)

Jasmina Alihodžić

2014-01-01

Full Text Available The project of unification of private international law on the level of European Union encompassed bringing of unique choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian legislator chose a set of flexible choice of law rules that enable satisfaction of the principle of legal certainty together with the establishment of a balance between persons claiming to be liable and sustaining damage. PIL Act that is being enforced in Bosnia and Herzegovina in relation to the subject of this paper alternatively determines the law applicable to non-contractual obligations, according to the law of the place where the harmful act was done or the law of where the consequence occurred, depending on which of these two laws is more favorable to the person sustaining damage. The author of this paper points out the evident discrepancy in the general rules of determination in EU legislation and Bosnia and Herzegovina, and the need to harmonize legislation in this field with the acquis communautaire, arising from the Stabilization and Association Agreement

Nine demographic factors and their relationship to attitudes toward abortion legalization.

Science.gov (United States)

Mileti, D S; Barnett, L D

1972-03-01

The 1967 Gallup Poll on attitudes toward abortion legislation taken for the Population Council was studied by multivariate analysis of 9 demographic factors: age, family income, occupation of household head, race, section of the country, sex, city size, education and religion. The poll was taken in two waves that totaled 6,065 cases (after weighting for a representative sample and elimination of "don't know" and "no answer" responses). The question asked for approval or disapproval of the legalization of abortion for the four "hard" reasons: mother's health, rape, incest, or expected child deformity. The analysis revealed that age, family income, occupation of household head, race, section of the country, and sex did not in themselves have an effect on attitudes towards abortion legalization, though they sometimes were an influence in combination with other variables. Significant statistical correlations were found between approval of abortion legalization and increasing city size and higher educational level. Abortion approval also increases along a religious scale from Jewish-Protestant-Catholic. The most significant theoretical conclusion of the study was that 6 of the 9 factors were not influential on abortion attitudes and the remaining 3 did not have strong predictive-explanatory power as expected. Re-examination of the causes of abortion attitudes is needed.

Analysis of the Portuguese legal framework concerning the safeguarding of employees' rights in the event of the transfer of an undertaking or an establishment compliance with the directive 2001/23/CE of 12 march 2001

Directory of Open Access Journals (Sweden)

Sónia de Carvalho

2015-12-01

Full Text Available The undertaking, business, or part of an undertaking or business can be transferred to another person or corporation as a result of a merger or a legal transfer, transitory or definitive. As a consequence of the transfer, there is subrogation ex lege of the transferee in the rights and obligations arising from the employment relationship existing on the date of a transfer. This issue is of the utmost importance to accomplish the freedom of the employer negotiate the undertaking and the protection of employees' rights as well. The Portuguese legal framework has been shaped by Directive 77/187/ CEE and subsequently by Directive 2001/23/CE. In this paper, in order to assess the compliance of the legal framework concerning the enshrined in Labor Code with the Directive 2001/23/CE, it will be performed a comparative analysis between both regulations, which will be coordinated with the case law from the Court of Justice and Portuguese Courts. We will conclude that, apart from some issues, the Portuguese labour law regarding the safeguarding of employees' rights in the event of the transfer of an undertaking complies with the Directive 2001/23 /CE and the case law from the Court of Justice.

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.

[Hunger striking in prisons: ethics and the ethical and legal aspects].

Science.gov (United States)

García-Guerrero, J

2013-01-01

Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal.

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.

Obligation of occupational safety and health (OSH) legislation by designers and manufacturers: Perception of enforcement officers

Science.gov (United States)

Daud, Rabaayah; Mohamed, Faizal; Majid, Amran Ab; Yasir, Muhammad Samudi

2015-09-01

Designers and manufacturers of plants are responsible to design or redesign the process, product and workplace with consideration of eliminating hazards or controlling risks as early as possible at design stage.The purpose of this paper is to determine the perception of enforcement officers towards compliance and implementation of OSH legislation by the designers and manufacturers of plant.The research partners was a goverment department that enforce the related OSH laws to designers and manufacturers of the plant. A total of 59 technical staffs were surveyed together with examination of the sekunder data from the department to evaluate overall OSH legal obligation by the industries. This study demonstrate how OSH regulators play the roles to influence the industries to perform better in OSH.

Obligation of occupational safety and health (OSH) legislation by designers and manufacturers: Perception of enforcement officers

Energy Technology Data Exchange (ETDEWEB)

Daud, Rabaayah, E-mail: rabaayahdaud@siswa.ukm.edu.my [School of Applied Physics, Faculty of Science and Technology, Universiti Kebangsaan Malaysia, 43600 Bangi, Selangor Darul Ehsan (Malaysia); Petroleum Divison, Department of Occupational Safety and Health, Ministry of Human Resources Level 2, 3 & 4, Block D3, Complex D, Government Administrative Centre, 62530, Putrajaya, Wilayah Persekutuan (Malaysia); Mohamed, Faizal, E-mail: faizalm@ukm.edu.my; Majid, Amran Ab; Yasir, Muhammad Samudi [School of Applied Physics, Faculty of Science and Technology, Universiti Kebangsaan Malaysia, 43600 Bangi, Selangor Darul Ehsan (Malaysia)

2015-09-25

Designers and manufacturers of plants are responsible to design or redesign the process, product and workplace with consideration of eliminating hazards or controlling risks as early as possible at design stage.The purpose of this paper is to determine the perception of enforcement officers towards compliance and implementation of OSH legislation by the designers and manufacturers of plant.The research partners was a goverment department that enforce the related OSH laws to designers and manufacturers of the plant. A total of 59 technical staffs were surveyed together with examination of the sekunder data from the department to evaluate overall OSH legal obligation by the industries. This study demonstrate how OSH regulators play the roles to influence the industries to perform better in OSH.

Obligation of occupational safety and health (OSH) legislation by designers and manufacturers: Perception of enforcement officers

International Nuclear Information System (INIS)

Daud, Rabaayah; Mohamed, Faizal; Majid, Amran Ab; Yasir, Muhammad Samudi

2015-01-01

Designers and manufacturers of plants are responsible to design or redesign the process, product and workplace with consideration of eliminating hazards or controlling risks as early as possible at design stage.The purpose of this paper is to determine the perception of enforcement officers towards compliance and implementation of OSH legislation by the designers and manufacturers of plant.The research partners was a goverment department that enforce the related OSH laws to designers and manufacturers of the plant. A total of 59 technical staffs were surveyed together with examination of the sekunder data from the department to evaluate overall OSH legal obligation by the industries. This study demonstrate how OSH regulators play the roles to influence the industries to perform better in OSH

The obligation to contract in British law

Directory of Open Access Journals (Sweden)

Verena Klappstein

2014-06-01

Full Text Available Nowadays the obligation to contract is rarely looked upon. Without reason though, because it is neither outdated nor inoperable. Based on three common law doctrines the obligation to contract goes back to the Middle Ages. It has not lost its relevance, as it can still be found in modern statutory law, such as in the electricity and mail sector. What is more, it is a fundamental institution with a great impact. The analysis showed that the five chosen forms of obligations to contract bear analogical requirements but very similar rationales and economic consequences. It sets impaired market power right and it overstrikes irrational behaviour of market participants. As overall achievement it aligns the range of property, freedom of contract and freedom of competition.

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

Energy Technology Data Exchange (ETDEWEB)

Giesselmann, Matthias

2016-07-01

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

12 CFR 13.100 - Obligations concerning institutional customers.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Obligations concerning institutional customers... GOVERNMENT SECURITIES SALES PRACTICES Interpretations § 13.100 Obligations concerning institutional customers... to institutional customers. (b) The OCC's suitability rule (§ 13.4) is fundamental to fair dealing...

7 CFR 400.166 - Obligations of the Corporation.

Science.gov (United States)

2010-01-01

... 7 Agriculture 6 2010-01-01 2010-01-01 false Obligations of the Corporation. 400.166 Section 400... CORPORATION, DEPARTMENT OF AGRICULTURE GENERAL ADMINISTRATIVE REGULATIONS Reinsurance Agreement-Standards for... Corporation. The Agreement will include the following among the obligations of the Corporation. (a) The...

Lithuanian reform on legal capacity: from soviet context towards the modern human rigths standards

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Dovilė

2015-12-01

Full Text Available All human beings are born free and equal in dignity and rights. This is a basic fundamental principal upon which all the international law is based. Consequently people with mental disabilities too, are entitled to the enjoyment of the same human rights, in equal measure, as all other people. New international human rights treaties and documents are adopted in order to strengthen security and realisation of the rights of most vulnerable groups of people. UN Convention on the rights of persons with disabilities (CRPD is one of the newest UN’s legally binding instruments, adopted by UN General Assembley in 2006, with its purpose to “promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”. The Convention bringing about a paradigm shift in attitudes of persons with disabilities as “subjects” of all human rights and basis for their protection. One of the most substantive areas that demonstrates major ‘paradigm shift’ of CRPD is provision of equality before the law to all the persons with disabilities. The right to recognition everywhere as persons before the law puts an end to various practices of the removal of rights of persons depending on their health, disability status. After the ratification of CRPD on 27 May, 2010, currently Lithuania has all legal obligations under CRPD, including the provisions on the equality before the law As in majority of other Eastern European region countries, both full guardianship and partial guardianship (curatorship meant to safeguard the human rights of vulnerable people lacking capacity existed in Lithuania for decades. Recently reform of this legal institute in order to adhere to the international human rights standards and respect the principals of disabled people human rights protection and nondiscrimination. There is no one state up to now with the developed ideal

The doctor in claims for work injuries and ill health--legal pitfalls.

Science.gov (United States)

Lee, See-Muah; Sng, Judy; Koh, David

2009-08-01

Occupational health work is currently undertaken by the specialist and the non-specialist physician alike. The work scope can vary from medical assessments of individual workers to health risk assessment at the workplace. The scope of the latter will include evaluation of exposures, hazards, risks and its management to control these risks. Much of the case law governing legal disputes over industrial safety and health have involved the employers. Over the years, the actions brought forth by workers have resulted in a formidable volume of case law based on statutes and on the common law of negligence in tort. Disputes over the assessment of workers' health or workplace health risks to the extent that it is a failure to discharge a reasonable standard of care, may result in the doctor being a defendant. Measures to prevent these legal pitfalls include communication with employers about the causative link of the illness suffered to workplace factors and the clarity of contractual obligations undertaken with regard to workplace health risk assessment.

Obligations and Concerns of an Organization Like the Center for Talented Youth.

Science.gov (United States)

Hansen, Elaine Tuttle; Gluck, Stuart; Shelton, Amy L

2015-01-01

There is another set of entities that needs to be brought into the conversation about the ethical, legal, and social implications of scientific conduct. This widely varied group includes not-for-profit educational, academic, public-service, and philanthropic organizations other than the type mentioned above as well as for-profit businesses. Despite their major differences, these organizations may all be in a position to make decisions, directly or indirectly, about the conduct of scientific research. And those decisions may have a significant impact on the parties normally involved in thinking and talking about obligations and concerns-the researchers, the subjects, and the general public. Yet there are few if any conceptual frameworks to help organizations address the ethical, legal, and social issues related to conducting scientific research. There are also few resources to help organizations find and develop the expertise required to make responsible decisions or communicate those decisions in ways that could support and advance the ethical conduct of research. In what follows, we try to identify and explore the duties, rights, and interests of one such organization, the Center for Talented Youth at Johns Hopkins University, when asked to play a supporting role in research on the genetics of intelligence. As central agents in this case, we hope to demonstrate why organizations like CTY cannot be neglected in the broader effort to ensure trustworthy research into the genetics of intelligence. © 2015 The Hastings Center.

The impact of regulatory obligations on fishers’ income

DEFF Research Database (Denmark)

Hadjimichael, Maria; J. Kaiser, Michel; Edwards-Jones, Gareth

2013-01-01

as a marketing tool to identify fishers’ most and least preferred regulatory obligations in terms of the impact these obligations have on their income. Significant differences were identified in fishers’ preferences that depended on the regulatory measures fishers operated under at the time of the study (which...

Legal significance of the private security sector in Kosovo

Directory of Open Access Journals (Sweden)

Fidair Berisha

2015-11-01

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

Cause of contract: French influence on the Law on Obligations of the Republic of Serbia

Directory of Open Access Journals (Sweden)

Dudaš Atila

2011-01-01

Full Text Available In this paper the author analyzes the influence of the French Civil Code on the effective Serbian Law on Obligations from 1978 in respect of the cause of contract. This is an institution in respect of which the Law conspicuously departs from the Swiss Law on Obligations, which served as its prime legislative model, and follows the path designated in the French code. The author concludes that the Serbian law transcripts almost verbatim the rules of law in the French code pertaining to the cause of contract. However, its provisions are somewhat more detailed than those of the French counterpart, since it explicitly governs the impact of motives on the validity of a contract as well. Analyzing the Serbian case-law, the author concludes that motives gain legal relevance in Serbian contract law in two different ways. On the one hand, courts confirm the proposition adopted in the doctrine that in gratuitous contracts (permitted motives pertain to the notion of cause. On the other hand, illicit, non-permitted motives make gratuitous contracts void regardless whether the other party acted in good faith or not, while they render onerous contracts void only if the other party acted in bad faith, that is, he or she knew or should have known that the first party was guided by illicit motives to conclude the contract.

Breakdowns in communication of radiological findings: an ethical and medico-legal conundrum.

Science.gov (United States)

Berlin, Leonard; Murphy, Daniel R; Singh, Hardeep

2014-12-01

Communication problems in diagnostic testing have increased in both number and importance in recent years. The medical and legal impact of failure of communication is dramatic. Over the past decades, the courts have expanded and strengthened the duty imposed on radiologists to timely communicate radiologic abnormalities to referring physicians and perhaps the patients themselves in certain situations. The need to communicate these findings goes beyond strict legal requirements: there is a moral imperative as well. The Code of Medical Ethics of the American Medical Association points out that "Ethical values and legal principles are usually closely related, but ethical obligations typically exceed legal duties." Thus, from the perspective of the law, radiologists are required to communicate important unexpected findings to referring physicians in a timely fashion, or alternatively to the patients themselves. From a moral perspective, radiologists should want to effect such communications. Practice standards, moral values, and ethical statements from professional medical societies call for full disclosure of medical errors to patients affected by them. Surveys of radiologists and non-radiologic physicians reveal that only few would divulge all aspects of the error to the patient. In order to encourage physicians to disclose errors to patients and assist in protecting them in some manner if malpractice litigation follows, more than 35 states have passed laws that do not allow a physician's admission of an error and apologetic statements to be revealed in the courtroom. Whether such disclosure increases or decreases the likelihood of a medical malpractice lawsuit is unclear, but ethical and moral considerations enjoin physicians to disclose errors and offer apologies.

Consideration on the legal founding of the principle of optimisation for radiation protection

International Nuclear Information System (INIS)

Grenery-Boehler, M.C.; Lochard, J.

1992-01-01

As a general rule, the different branches of the legal profession have a tendency to rationalize and stabilize social or economic practices and to be inclined towards concepts or practices belonging to the field of the definite. With respect to the principle of optimization for radiological protection, conventional legal procedures in administrative law do not entirely over the problems raised by its implementation; from the obligation to provide a service, generally required by the public administration, it would appear we have to change to a guarantee of actors' behaviour, hence the difficulty in legally qualifying the principle of optimization. As for the law of authority, privilege and control, in the case of optimization the public administration must basically trust nuclear plant operators by drawing up a 'standard objective' other than a 'standard rule'. Does not the future of legal sciences lie in developing administrative law for the field of the indefinite, thereby forcing public administration to recognize that even in the field of the definite, it is not always infallible. If our conventional administrative law is a law of authority and control, administrative law for the field of the indefinite must be one of common efforts within a context of community actions requiring trust, agreement and guaranteed behaviour, falling under a judge's control whenever there is obvious contradiction between acts and the promised behaviour. Under the French law, optimization has remained a general principle with no corresponding concrete provisions for its implementation. The purpose of this paper is to explore on which legal bases the optimization principle could be applied practically without betraying its actual spirit

[Dental and health law 4. The treatment of minors and of adults who are unable to give informed consent].

Science.gov (United States)

Brands, W G; van der Ven, J M; Brands-Bottema, G W

2013-01-01

When minors are treated, a complex triangular relationship can emerge among dentist, patient and the individual legally responsible for the patient. Generally speaking, both parents are those legally responsible for a child. This might not be the case if the parents are not married to each other or have divorced, or when there is a question of a child protection ruling. The governing rule is that dentists are required to honour the obligations to the legal representatives thatfollow from the patients' rights concerning the treatment of children under the age of 12. In the case of patients between the ages of 12 and 16, dentists are required to act in accordance with their obligations to both those legally responsible and to the patients. Finally, in the case ofpatients who are 16 and older, dentists are required to act only in accordance with their obligations to the patients. There are, however, various exceptions to this governing rule. One of the most common examples is the patient who is a minor of 16 or older who is unable to determine what is in his own best interest. That criterium is also used in determining the capability to give informed consent in adults.

16 CFR 436.2 - Obligation to furnish documents.

Science.gov (United States)

2010-01-01

... AND PROHIBITIONS CONCERNING FRANCHISING Franchisors' Obligations § 436.2 Obligation to furnish documents. In connection with the offer or sale of a franchise to be located in the United States of America... to the address specified by the prospective franchisee by first-class United States mail at least...

Is there a moral obligation not to infect others?

OpenAIRE

Harris, J.; Holm, S.

1995-01-01

The emergence of HIV infection and AIDS has refocused concern on the obligations surrounding the carrying and transmission of communicable diseases. This article asks three related questions: Is there a general duty not to spread contagion? Are there special obligations not to communicate disease in the workplace? And does the mode of transmission of the disease affect the ethics of transmission and, if so, how and to what extent? There seems to be a strong prima facie obligation not to harm ...

A COMPARATIVE OVERVIEW OF THE (SOMETIMES UNEASY RELATIONSHIP BETWEEN DIGITAL INFORMATION AND CERTAIN LEGAL FIELDS IN SOUTH AFRICA AND UGANDA

Directory of Open Access Journals (Sweden)

Dana van der Merwe

2014-04-01

Full Text Available The present article focuses on the (sometimes problematic relationship between digital information and certain legal fields. Most legal rules developed long before the arrival of the computer and the digital telephone, and these rules are now under considerable strain to adapt. Digital information is rapidly becoming one of the 21st Century’s most valuable assets. This raises the question as to whether or not the law is able to adequately protect this phenomenon against the many attacks being launched against it. The present article analyses certain legal fields in this regard, namely privacy, criminal law, and the law of evidence. The world seems suddenly to have woken up to the fact that digital technology might be a mixed blessing, especially as is shown by certain recent incidents relating to privacy in the USA. In order to obtain an “Africa perspective” the legal situation in South Africa is compared to that in Uganda (East Africa against a background of multilateral treaties that might apply in this regard. An important point to keep in mind while weighing up legal interests is whether the State may attempt to be both neutral umpire (by means of its judicial power as well as one of the players who want to win (as the executive power, when government information is at stake. A number of recent incidents in which the United States government has been involved seem to indicate that this attempt to sit on two stools at the same time is likely to diminish respect for the government (and its regulatory efforts amongst the general population. A specific problem with enforcement consists of the international nature of infringements. The Internet knows no borders and this factor suggests that effective international co-operation is an essential prerequisite for the law to function adequately in an international context. The concluding of International treaties between groupings of countries is put forward as perhaps the most effective

Coping with the Obligation Dilemma: Prototypes of Social Workers in the Nursing Home.

Science.gov (United States)

Lev, Sagit; Ayalon, Liat

2016-07-01

We examined the ways in which the social worker is coping with obligation dilemma in an Israeli nursing home. The research was conducted using semi-structured, in-depth interviews carried out with fifteen social workers employed in nursing homes. The interviews were analysed thematically, using constant comparisons. The three themes were concerned with the social worker's place in the nursing home, her relationship with the management and staff, and her coping with the obligation dilemma. These themes highlighted the difference between the interviewees. On the background of this difference, four prototypes of nursing home's social workers were defined: the managerial, the contented, the fighter and the frustrated. From analysing the findings, the significant place of the personal and environmental factors that influence the ways in which the social worker deals with these four themes emerges. Our findings suggest that the strengthening, empowerment and support of social workers in institutions can directly enhance the health, security, emotional well-being and quality of life of nursing home residents.

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African Journals Online (AJOL)

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This paper examined the relationship between governance and security ... exercise their legal rights, meet their obligations and mediate their ... Security means much more than the absence of conflict. ... family, community, local and national life. ... health, job opportunities, justice, freedom and all other ingredients of life.

The Obligations of States towards Refugees under International Law

DEFF Research Database (Denmark)

Skordas, Achilles

The main purpose of the current study is to discuss the obligations of States towards refugees under international law, and to argue that States have obligations towards refugees regardless of the ratification of the Geneva Convention....

Deconfounding Distance Effects in Judgments of Moral Obligation

Science.gov (United States)

Nagel, Jonas; Waldmann, Michael R.

2013-01-01

A heavily disputed question of moral philosophy is whether spatial distance between agent and victim is normatively relevant for the degree of obligation to help strangers in need. In this research, we focus on the associated descriptive question whether increased distance does in fact reduce individuals' sense of helping obligation. One problem…

"Never in Our Lifetime": Legal Marriage for Same-Sex Couples in Long-Term Relationships

Science.gov (United States)

Porche, Michelle V.; Purvin, Diane M.

2008-01-01

We present data from 4 lesbian and 5 gay male same-sex couples who have been together 20 years or more. Couples included those legally married and unmarried, with and without children, and were interviewed within the first year legalized same-sex marriage was enacted in Massachusetts. Using life course theory and case study methodology, we…

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.

Public perceptions of arguments supporting and opposing recreational marijuana legalization.

Science.gov (United States)

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

2017-06-01

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

Religious legal systems: challenges of the modernity

Directory of Open Access Journals (Sweden)

Д. В. Лук’янов

2015-11-01

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

Entre la peste et le choléra: le détenteur d'obligations peut préférer la répudiation au défaut

OpenAIRE

Kim Oosterlinck; Loredana Ureche-Rangau

2004-01-01

Sovereign debts are often subject to payment suspension. Default, i.e. the financial incapacity to fulfil the debt service, and repudiation, i.e. the denial by a sovereign to recognize its legal obligations, are normally used to explain these payment suspensions. Intuitively, for bondholders, defaults should incur the smallest financial losses. In this case, bondholders may indeed hope for either a negotiated solution (leading only to a partial loss), or for a resumption of the debt service i...

THE LEGAL ASPECTS OF THE MOBBING IN THE REPUBLIC OF MACEDONIA

Directory of Open Access Journals (Sweden)

Andon Majhosev

2014-07-01

Full Text Available Workplace mobbing as a form of psychological terrorism in the Republic of Macedonia is relatively new phenomenon which in the last decade is causing huge attention in the legal theory and practice. The problem with mobbing has also become an object of interest of the Macedonian’s trade union since they have seen the danger which this unwanted phenomenon causes in the work environment. That is why the trade union, especially the most numerous and the most representative ones in this country, the Federation of trade unions in Macedonia, has taken initiative to introduce a legislative to protect the workers from harassment in the work place in order to prevent psychological terrorism of the employees, as well as protect the workers from this negative phenomenon. This initiative resulted with the adoption of a special law on 29.05.2013. In this paper we are going to try to analyze the legal framework of the protection from psychological harassment in the work place (mobbing in the Republic of Macedonia, in terms of the rights, obligations and responsibilities of the employers and employees regarding the prevention of psychological harassment in the work place, as well as measures and procedures for the protection from psychological harassment in the work place of the employer and the proceedings. While analyzing the legal aspects of the psychological harassment we are going to stay focused in the Labor law and Law on Protection from Harassment in the Workplace.

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

International Nuclear Information System (INIS)

Strassburg, W. Dr.

1987-01-01

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

20 CFR 222.52 - When a legally adopted child is dependent-general.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false When a legally adopted child is dependent-general. 222.52 Section 222.52 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD RETIREMENT ACT FAMILY RELATIONSHIPS Child Support and Dependency § 222.52 When a legally adopted...

Comparative Attitudes of University Students and School Teachers on the Use and Legalization of Marijuana

Science.gov (United States)

Paul, Madanjit K.

1977-01-01

Explored use of marijuana and attitudes toward its legalization among university students and school teachers in Alberta. Students had more permissive attitudes toward marijuana use and its legalization as compared to teachers. Significant relationships were found between drug use and age and legalization of marijuana and sex and religiosity.…

Legal questions about negotiating a new international climate agreement

International Nuclear Information System (INIS)

Maljean-Dubois, Sandrine; Wemaere, Matthieu

2015-01-01

Although the last IPCC report emphasized the need for urgent action, international cooperation on the climate has stalled. The second phase (2013-2020) of the Kyoto Protocol has been merely symbolic. The Cancun agreement, which made the Copenhagen one operational, laid the basis for a more flexible system for the period up to 2020. Negotiations on the period after 2020, which started in Durban in 2011, should end with a new agreement in Paris in late 2015. This future agreement should apply to all, as stipulated in the Durban Platform. However the increasing symmetry of obligations between North and South has been achieved by significantly lowering the goals set by each country with regard to its economic situation and national priorities. What kind of agreement will come out of Paris? What legal form will it take?

75 FR 44996 - Study Regarding Obligations of Brokers, Dealers, and Investment Advisers

Science.gov (United States)

2010-07-30

... the varying scope and terms of retail customer relationships of brokers, dealers, investment advisers..., or overlaps in legal or regulatory standards in the protection of retail customers relating to the... INFORMATION CONTACT: Holly Hunter-Ceci, Division of Investment Management, at (202) 551-6825 or Emily Russell...

19 CFR 4.94 - Yacht privileges and obligations.

Science.gov (United States)

2010-04-01

... 19 Customs Duties 1 2010-04-01 2010-04-01 false Yacht privileges and obligations. 4.94 Section 4... THE TREASURY VESSELS IN FOREIGN AND DOMESTIC TRADES General § 4.94 Yacht privileges and obligations...) A cruising license may be issued to a yacht of a foreign country only if it has been made to appear...

Engineering of obligate intracellular bacteria: progress, challenges and paradigms

Science.gov (United States)

Over twenty years have passed since the first report of genetic manipulation of an obligate intracellular bacterium. Through progress interspersed by bouts of stagnation, microbiologists and geneticists have developed approaches to genetically manipulate obligates. A brief overview of the current ge...

Breaching confidentiality: medical mandatory reporting laws in Iran.

Science.gov (United States)

Milanifar, Alireza; Larijani, Bagher; Paykarzadeh, Parvaneh; Ashtari, Golanna; Mehdi Akhondi, Mohammad

2014-01-01

Medical ethics is a realm where four important subjects of philosophy, medicine, theology and law are covered. Physicians and philosophers cooperation in this area will have great efficiency in the respective ethical rules formation. In addition to respect the autonomy of the patient, physician's obligation is to ensure that the medical intervention has benefit for the patient and the harm is minimal. There is an obvious conflict between duty of confidentiality and duty of mandatory reporting. Professional confidentiality is one of the basic components in building a constant physician-patient relationship which nowadays, beside the novelty, it is the subject of discussion. Legal obligation of confidentiality is not absolute. In physician-patient relationship, keeping patient's secrets and maintaining confidentiality is a legal and ethical duty, and disclosure of such secrets is mainly through specific statutes. Thus, there are a number of situations where breach of confidentiality is permitted in different legal systems. One of the situations where breaching confidentiality is permitted is the medical mandatory reporting to the relevant authority which is in accordance with many countries' legal systems. Some situations are considered in many countries legal systems' such as notification of births and deaths, infectious diseases, child abuse, sport and relevant events, medical errors, drug side effects and dangerous pregnancies. In this paper, we will examine and discuss medical mandatory reporting and its ethical and legal aspects in the judicial and legal system of Iran and few other countries. Finally we will suggest making Medical Mandatory Reporting Law in Iran.

Dynamic Acquisition and Loss of Dual-Obligate Symbionts in the Plant-Sap-Feeding Adelgidae (Hemiptera: Sternorrhyncha: Aphidoidea)

Science.gov (United States)

Carol D. von Dohlen; Usha Spaulding; Kistie B. Patch; Kathryn M. Weglarz; Robert G. Foottit; Nathan P. Havill; Gaelen R. Burke

2017-01-01

Sap-sucking insects typically engage in obligate relationships with symbiotic bacteria that play nutritional roles in synthesizing nutrients unavailable or in scarce supply from the plant-sap diets of their hosts. Adelgids are sap-sucking insects with complex life cycles that involve alternation between conifer tree species. While all adelgid species feed on spruce...

Economic and Legal Aspects of Electronic Money

Directory of Open Access Journals (Sweden)

Otakar Schlossberger

2016-06-01

Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

The Legal Regulation of Cybersecurity

Directory of Open Access Journals (Sweden)

Darius Štitilis

2013-08-01

have been used in the research. The author have used a comparative method to investigate the EU cybersecurity strategy as well a, Lithuanian and foreign situations. The empirical analysis of legal documents was used to determine the legal regulation of the cybersecurity in Lithuania. In addition, Legal acts of the Republic of Lithuania have been analyzed. Having analyzed the official documents, the method allows identifying and describing the relationship between the valid legal regulations accurately. Using literature resources, the author has used the deductive method which allows drawing sufficiently reliable conclusions.

Obligations of low income countries in ensuring equity in global health financing.

Science.gov (United States)

Barugahare, John; Lie, Reidar K

2015-09-08

Despite common recognition of joint responsibility for global health by all countries particularly to ensure justice in global health, current discussions of countries' obligations for global health largely ignore obligations of developing countries. This is especially the case with regards to obligations relating to health financing. Bearing in mind that it is not possible to achieve justice in global health without achieving equity in health financing at both domestic and global levels, our aim is to show how fulfilling the obligation we propose will make it easy to achieve equity in health financing at both domestic and international levels. Achieving equity in global health financing is a crucial step towards achieving justice in global health. Our general view is that current discussions on global health equity largely ignore obligations of Low Income Country (LIC) governments and we recommend that these obligations should be mainstreamed in current discussions. While we recognise that various obligations need to be fulfilled in order to ultimately achieve justice in global health, for lack of space we prioritise obligations for health financing. Basing on the evidence that in most LICs health is not given priority in annual budget allocations, we propose that LIC governments should bear an obligation to allocate a certain minimum percent of their annual domestic budget resources to health, while they await external resources to supplement domestic ones. We recommend and demonstrate a mechanism for coordinating this obligation so that if the resulting obligations are fulfilled by both LIC and HIC governments it will be easy to achieve equity in global health financing. Although achieving justice in global health will depend on fulfillment of different categories of obligations, ensuring inter- and intra-country equity in health financing is pivotal. This can be achieved by requiring all LIC governments to allocate a certain optimal per cent of their domestic

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

Science.gov (United States)

Cardenas, Diana; Fuchs-Tarlovsky, Vanessa

2018-06-01

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

Basic and substitute supply in the event of customer insolvency. The field between energy law and insolvency law, with due consideration to the unconstitutionality of the basic supply ordinances for electricity and gas; Grund- und Ersatzversorgung in der Insolvenz des Kunden. Das Spannungsfeld von Energie- und Insolvenzrecht unter Beruecksichtigung der Verfassungswidrigkeit der GVV fuer Strom und Gas

Energy Technology Data Exchange (ETDEWEB)

Barchewitz, Paul

2008-07-01

The author of this publication examines the legal relationships that arise between the parties involved if a customer receiving a basic or substitute energy supply runs into crisis and insolvency. The intent is to describe and assess the interplay between energy law and insolvency law. The author examines how far the obligations of the basic supplier reach in the event of customer insolvency, what means the customer, the (provisional) insolvency administrator and the basic supplier have at their disposal in this situation and how these might assessed from a legal and economic viewpoint. Special emphasis is placed on the partial unconstitutionality of the basic supply ordinances for electricity and gas. These laws should also specify the parties' obligations and rights in the event of insolvency.

An economic and legal perspective on electric utility transition costs

Energy Technology Data Exchange (ETDEWEB)

Rose, K.

1996-07-01

The issue of possibly unrecoverable cost incurred by a utility, or `stranded costs,` has emerged as a major obstacle to developing a competitive generation market. Stranded or transition costs are defined as costs incurred by a utility to serve its customers that were being recovered in rates but are no longer due to availability of lower-priced alternative suppliers. The idea of `stranded cost,` and more importantly arguments for its recovery, is a concept with little basis in economic theory, legal precedence, or precedence in other deregulated industries. The main argument recovery is that the ``regulatory compact`` requires it. This is based on the misconception that the regulator compact is simply: the utility incurs costs on behalf of its customers because of the ``obligation to serve`` so, therefore, customers are obligated to pay. This is a mischaracterization of what the compact was and how it developed. Another argument is that recovery is required for economic efficiency. This presumes, however, a very narrow definition of efficiency based on preventing ``uneconomic`` bypass of the utility and that utilities minimize costs. A broader definition of efficiency and the likelihood of cost inefficiencies in the industry suggest that the cost imposed on customers from inhibiting competition could exceed the gains from preventing uneconomic bypass. Both these issues are examined in this paper.

Legal significance of environmental protection in foreign investments law

OpenAIRE

Divljak Drago

2013-01-01

The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field i...

Western Legal Traditions for »Laying Down Taiwan’s Indigenous Customs in Writing«

Directory of Open Access Journals (Sweden)

Tzung-Mou Wu

2016-01-01

Full Text Available The question of what the law is may preoccupy some legal theorists. Answering it is definitely the legal professionals’ nightmare. Constitutional and statutory requirements now require Taiwan’s officials and lawyers to confront the problem of ascertaining and applying indigenous customs in the exercise of all state powers. Yet, the most widely accepted juridical concept of custom results in a choice between two evils, to wit, breaching either the general duty to uphold law or the concrete obligation to respect indigenous values. So far, efforts have only been made to document the customs, but the documentation thus produced is too ethnographic to be legally useful. The challenge, therefore, is one of translation. Values are to be carried from an indigenous world into the modern one, and the little-known form of custom is to be expressed in the language of the science of law. This paper argues for the translation of indigenous customs with conceptions available in an array of examples from European legal history. This paper explains that, in cases like Taiwan, the solutions known to the English-speaking literature all end in the dilemma I call »modern state centralism« (MSC. The solutions are divided into two types: legal pluralism and Francisco Suárez’s conception of custom. The former defeats itself in that its criticism against the state’s monopoly of law amounts to suggesting that the state tolerate all kinds of non-state normativity. The latter reduces to MSC because recent literature ignores Suárez’s legal historical references and important studies written in German. The rest of the section shows how »non-modern« legal techniques may help. This paper concludes by suggesting that the concept pair of law and custom be dissociated from four others, to wit, written and unwritten law, state and society, law in books and law in action, and, finally, alien and native law.

Expectations and obligations: professionalism and medicine's social contract with society.

Science.gov (United States)

Cruess, Richard L; Cruess, Sylvia R

2008-01-01

As health care has become of great importance to both individual citizens and to society, it has become more important to understand medicine's relationship to the society it serves in order to have a basis for meaningful dialogue. During the past decade, individuals in the medical, legal, social sciences, and health policy fields have suggested that professionalism serves as the basis of medicine's relationship with society, and many have termed this relationship a social contract. However, the concept of medicine's social contract remains vague, and the implications of its existence have not been fully explored. This paper endorses the use of the term social contract, examines the origin of the concept and its relationship to professionalism, traces its evolution and application to medicine, describes the expectations of the various parties to the contract, and explores some of the implications of its use.

Legal culture as a factor of social stability

Directory of Open Access Journals (Sweden)

M M Akulich

2015-12-01

Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

[Current issues in legal cases of compensation for healthcare malpractice].

Science.gov (United States)

Heiner, Tamás; Barzó, Tímea

2014-09-21

The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since 1990. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades. In the meantime, a new Hungarian Civil Code (Act V of 2013) has entered into force, which among others, necessitates the revaluation of assessment of damages recoverable for medical malpractices. There are two main areas where fundamental changes have been introduced, which may significantly affect the outcome of medical malpractice lawsuits in the future. In the early stage of medical malpractices it was unclear whether the courts had to consider either the contractual relationship between patients and healthcare providers (contractual liability) or general codal articles on damages arising from non-contractual liability/torts (delictual liability) in their judgement delivered in the cases. Both the theoretical and practical experience of the last ten years shows that healthcare services agreements are concluded between healthcare providers and patients with the aim and intention to provide appropriate professional healthcare services to patients, which meet patients' interests and wishes. The medical service is violated if it fails to meet patients' interests and wishes as well as the objectives of the agreement. Since the new legislation implies a stricter liability for damages in the case of breach of contract and stricter rules for exempting the party in breach from compensation obligations, the opportunities to exempt healthcare providers from these obligations have become limited compared to previous regulations. This modification, which was aimed at further integrating the established judicial practices into legislation, stipulates the application of the rules for liability for damages resulting from medical malpractice in non-contractual situations. This paper analyses

Teaching legal competencies through an individualized elective in medicine and law.

Science.gov (United States)

Kapp, Marshall B

2016-10-14

Medical education, including education intended to prepare future physicians to care to older individuals, should include development and implementation of competencies relating to a physician's ability to understand and interact with the legal environment and legal actors who will affect the practice of medicine. The wisdom of integrating legal knowledge into the medical curriculum has been documented, and literature discusses the content and methods of teaching medical students and residents about law and the legal system. This article describes one unique but replicable, pedagogical approach to preparing future physicians to thrive in their inevitably interprofessional careers as they fulfill the fiduciary responsibilities that lie at the heart of their therapeutic and advocacy relationships with older patients.

Medical marijuana laws in 50 states: investigating the relationship between state legalization of medical marijuana and marijuana use, abuse and dependence.

Science.gov (United States)

Cerdá, Magdalena; Wall, Melanie; Keyes, Katherine M; Galea, Sandro; Hasin, Deborah

2012-01-01

Marijuana is the most frequently used illicit substance in the United States. Little is known of the role that macro-level factors, including community norms and laws related to substance use, play in determining marijuana use, abuse and dependence. We tested the relationship between state-level legalization of medical marijuana and marijuana use, abuse, and dependence. We used the second wave of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a national survey of adults aged 18+ (n=34,653). Selected analyses were replicated using the National Survey on Drug Use and Health (NSDUH), a yearly survey of ∼68,000 individuals aged 12+. We measured past-year cannabis use and DSM-IV abuse/dependence. In NESARC, residents of states with medical marijuana laws had higher odds of marijuana use (OR: 1.92; 95% CI: 1.49-2.47) and marijuana abuse/dependence (OR: 1.81; 95% CI: 1.22-2.67) than residents of states without such laws. Marijuana abuse/dependence was not more prevalent among marijuana users in these states (OR: 1.03; 95% CI: 0.67-1.60), suggesting that the higher risk for marijuana abuse/dependence in these states was accounted for by higher rates of use. In NSDUH, states that legalized medical marijuana also had higher rates of marijuana use. States that legalized medical marijuana had higher rates of marijuana use. Future research needs to examine whether the association is causal, or is due to an underlying common cause, such as community norms supportive of the legalization of medical marijuana and of marijuana use. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

Value, obligation and the asymmetry question.

Science.gov (United States)

Tooley, Michael

1998-04-01

Is there a prima facie obligation to produce additional individuals whose lives would be worth living? In his paper 'Is it good to make happy people?', Stuart Rachels argues not only that there is, but, also, that precisely as much weight should be assigned to the quality of life that would be enjoyed by such potential persons, if they were to be actualized, as to the quality of life enjoyed by actually existing persons. In response, I shall argue, first, that Rachels' view is exposed to very serious objections, and secondly, that his arguments in support of his position involve a crucial assumption, which cannot be sustained, concerning the relation between, on the one hand, propositions about good-making and bad-making properties, and, on the other, propositions about right-making and wrong-making ones. I shall then argue that there is a very plausible position concerning the conditions under which an action can be morally wrong which entails the following asymmetry: there is a prima facie obligation not to bring into existence individuals whose lives are not worth living, but there is no corresponding obligation to create additional individuals whose lives would be worth living.

What is the Role of Legal Systems in Financial Intermediation? Theory and Evidence

NARCIS (Netherlands)

Bottazzi, L.; Da Rin, M.; Hellmann, T.

2008-01-01

We develop a theory and empirical test of how the legal system affects the relationship between venture capitalists and entrepreneurs. The theory uses a double moral hazard framework to show how optimal contracts and investor actions depend on the quality of the legal system. The empirical evidence

Enhancing Social Responsibility within Global Supply Chains: Is Legal Regulation the Optimal Solution?

Directory of Open Access Journals (Sweden)

Katerina Peterková

2011-03-01

Full Text Available This paper was presented at the first meeting of the NSU study group “Conceptions of ethical and social values in post-secular society: Towards a new ethical imagination in a cosmopolitan world society”, held on January 28-30, 2011 at Copenhagen Business School. First, this paper examines the voluntary (ethical v. mandatory (legal basis of corporate social responsibility (CSR. Second, it examines the relationship between CSR, law and business ethics. Third, it tries to answer the question if there is a need for a hard[2] legal regulation of CSR within international supply relationships or if ethical norms, e.g. expressed in the form of self-regulation, may better serve the purpose. And finally, it suggests possible ways for the future development of suitable regulatory methods for enhancing social standards within international supply chains. The questions are approached solely from the perspectives of legal theory and socio-legal analysis.

Contracts, covenants and advance care planning: an empirical study of the moral obligations of patient and proxy.

Science.gov (United States)

Fins, Joseph J; Maltby, Barbara S; Friedmann, Erika; Greene, Michele G; Norris, Kaye; Adelman, Ronald; Byock, Ira

2005-01-01

Previously we had speculated that the patient-proxy relationship existed on a contractual to covenantal continuum. In order to assess this hypothesis, and to better understand the moral obligations of the patient-proxy relationship, we surveyed 50 patient-proxy pairs as well as 52 individuals who had acted as proxies for someone who had died. Using structured vignettes representative of three distinct disease trajectories (cancer, acute stroke, and congestive heart failure), we assessed whether respondents believed that proxies should follow explicit instructions regarding life-sustaining therapy and act contractually or whether more discretionary or covenantal judgments were ethically permissible. Additional variables included the valence of initial patient instructions--for example, "to do nothing" or "to do everything"--as well as the quality of information available to the proxy. Responses were graded on a contractual to covenantal continuum using a modified Likert scale employing a prospectively scored survey instrument. Our data indicate that the patient-proxy relationship exists on a contractual to covenantal continuum and that variables such as disease trajectory, the clarity of prognosis, instructional valence, and the quality of patient instructions result in statistically significant differences in response. The use of interpretative or covenantal judgment was desired by patients and proxies when the prognosis was grim, even if initial instructions were to pursue more aggressive care. Nonetheless, there was a valence effect: patients and proxies intended that negative instructions to be left alone be heeded. These data suggest that the delegation of patient self-determination is morally complex. Advance care planning should take into account both the exercise of autonomy and the interpretative burdens assumed by the proxy. Patients and proxies think inductively and contextually. Neither group viewed deviation from patient instructions as a violation of

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

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

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

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

Controls Over Unliquidated Obligations in the Iraq Relief and Reconstruction Fund

National Research Council Canada - National Science Library

Bowen, Stuart W

2007-01-01

.... Funds no longer needed may be deobligated. The purpose of this audit was to determine the amount of IRRF unliquidated obligations retained by DoD, DoS, and USAID and whether those agencies have established adequate management controls over their unliquidated obligations. This audit focused on annual reviews of unliquidated obligations that agencies should have completed for fiscal year 2006.

[Long-term storage of obligate anaerobic microorganisms in glycerol].

Science.gov (United States)

Briukhanov, A I; Netrusov, A I

2006-01-01

We evaluated the possibility of storing the cultures of obligate anaerobic microorganisms (clostridia. acetogenic and sulfate-reducing bacteria, and methanogenic archaea) in 25% glycerol at -70 degrees C for a long time (up to 3 years). This method of storage is adequate to preserve cell viability in most obligate anaerobes.

49 CFR 371.10 - Duties and obligations of brokers.

Science.gov (United States)

2010-10-01

... 49 Transportation 5 2010-10-01 2010-10-01 false Duties and obligations of brokers. 371.10 Section... SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS BROKERS OF PROPERTY § 371.10 Duties and obligations of brokers. Where the broker acts on behalf of a person bound by...

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

Science.gov (United States)

Nikogosian, Haik; Kickbusch, Ilona

2016-09-04

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

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

Directory of Open Access Journals (Sweden)

О. Ю. Битяк

2015-05-01

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

Collateralized debt obligations (CDOs

Directory of Open Access Journals (Sweden)

Dragosavac Miloš

2012-01-01

Full Text Available Collateralized debt obligations (CDOs were issued in 1987 by bankers at Drexel Burnham Lambert Inc. A decade later, CDOs became the leading power on the credit derivative markets, on which the value of derivative assets was derived from the value of other assets. However, unlike options and credit swamps, CDOs are not real, which means that they are constructed, and sometimes even the construction of their construction. CDOs were made to satisfy different types of investors, at one end, there is low-risk with low-income, and at the other, high-risk with high-income. By 2007, following the bubble burst on the US real estate market, losses on the CDO market started to expand. By 2008, the crisis on the CDO market turned into what we call today 'the global financial crisis.' CDOs are 'in the heart' of the crisis, and even wider. Our attempt is to reveal the mechanism of collateralized debt obligations (CDOs and the way in which CDOs expanded the negative effects of the present global financial crisis.

Advances in genetic manipulation of obligate intracellular bacterial pathogens

Directory of Open Access Journals (Sweden)

Paul eBeare

2011-05-01

Full Text Available Infections by obligate intracellular bacterial pathogens result in significant morbidity and mortality worldwide. These bacteria include Chlamydia spp., which causes millions of cases of sexually transmitted disease and blinding trachoma annually, and members of the α-proteobacterial genera Anaplasma, Ehrlichia, Orientia and Rickettsia, agents of serious human illnesses including epidemic typhus. Coxiella burnetii, the agent of human Q fever, has also been considered a prototypical obligate intracellular bacterium, but recent host cell-free (axenic growth has rescued it from obligatism. The historic genetic intractability of obligate intracellular bacteria has severely limited molecular dissection of their unique lifestyles and virulence factors involved in pathogenesis. Host cell restricted growth is a significant barrier to genetic transformation that can make simple procedures for free-living bacteria, such as cloning, exceedingly difficult. Low transformation efficiency requiring long term culture in host cells to expand small transformant populations is another obstacle. Despite numerous technical limitations, the last decade has witnessed significant gains in genetic manipulation of obligate intracellular bacteria including allelic exchange. Continued development of genetic tools should soon enable routine mutation and complementation strategies for virulence factor discovery and stimulate renewed interest in these refractory pathogens. In this review, we discuss the technical challenges associated with genetic transformation of obligate intracellular bacteria and highlight advances made with individual genera.

Relationship between leaf traits and fire-response strategies in shrub species of a mountainous region of south-eastern Australia.

Science.gov (United States)

Vivian, Lyndsey M; Cary, Geoffrey J

2012-01-01

Resprouting and seed recruitment are important ways in which plants respond to fire. However, the investments a plant makes into ensuring the success of post-fire resprouting or seedling recruitment can result in trade-offs that are manifested in a range of co-occurring morphological, life history and physiological traits. Relationships between fire-response strategies and other traits have been widely examined in fire-prone Mediterranean-type climates. In this paper, we aim to determine whether shrubs growing in a non-Mediterranean climate region exhibit relationships between their fire-response strategy and leaf traits. Field surveys were used to classify species into fire-response types. We then compared specific leaf area, leaf dry-matter content, leaf width, leaf nitrogen and carbon to nitrogen ratios between (a) obligate seeders and all other resprouters, and (b) obligate seeders, facultative resprouters and obligate resprouters. Leaf traits only varied between fire-response types when we considered facultative resprouters as a separate group to obligate resprouters, as observed after a large landscape-scale fire. We found no differences between obligate seeders and obligate resprouters, nor between obligate seeders and resprouters considered as one group. The results suggest that facultative resprouters may require a strategy of rapid resource acquisition and fast growth in order to compete with species that either resprout, or recruit from seed. However, the overall lack of difference between obligate seeders and obligate resprouters suggests that environmental factors are exerting similar effects on species' ecological strategies, irrespective of the constraints and trade-offs that may be associated with obligate seeding and obligate resprouting. These results highlight the limits to trait co-occurrences across different ecosystems and the difficulty in identifying global-scale relationships amongst traits.

29 CFR 4.146 - Contract obligations after award, generally.

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Contract obligations after award, generally. 4.146 Section 4.146 Labor Office of the Secretary of Labor LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS Application of the McNamara-O'Hara Service Contract Act Period of Coverage § 4.146 Contract obligations after...

Transience after disturbance: Obligate species recovery dynamics depend on disturbance duration.

Science.gov (United States)

Singer, Alexander; Johst, Karin

2017-06-01

After a disturbance event, population recovery becomes an important species response that drives ecosystem dynamics. Yet, it is unclear how interspecific interactions impact species recovery from a disturbance and which role the disturbance duration (pulse or press) plays. Here, we analytically derive conditions that govern the transient recovery dynamics from disturbance of a host and its obligately dependent partner in a two-species metapopulation model. We find that, after disturbance, species recovery dynamics depend on the species' role (i.e. host or obligately dependent species) as well as the duration of disturbance. Host recovery starts immediately after the disturbance. In contrast, for obligate species, recovery depends on disturbance duration. After press disturbance, which allows dynamics to equilibrate during disturbance, obligate species immediately start to recover. Yet, after pulse disturbance, obligate species continue declining although their hosts have already begun to increase. Effectively, obligate species recovery is delayed until a necessary host threshold occupancy is reached. Obligates' delayed recovery arises solely from interspecific interactions independent of dispersal limitations, which contests previous explanations. Delayed recovery exerts a two-fold negative effect, because populations continue declining to even smaller population sizes and the phase of increased risk from demographic stochastic extinction in small populations is prolonged. We argue that delayed recovery and its determinants -species interactions and disturbance duration - have to be considered in biodiversity management. Copyright © 2017 Elsevier Inc. All rights reserved.

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....

Aesthetic Dental Procedures: Legal and Medico-legal Implications.

Science.gov (United States)

Di Lorenzo, Pierpaolo; Casella, Claudia; Capasso, Emanuele; Delbon, Paola; Fedeli, Piergiorgio; Policino, Fabio; Niola, Massimo

2018-01-01

Dental treatments, as well as simple anatomical and functional repair work, can also be for aesthetic purposes. This is because the anatomical area concerned, i.e. the oral cavity, has a great power of attraction. Aesthetic treatments in general - in particular dental treatments - have been on the rise in recent years, and this has also meant an increase in claims due to patient dissatisfaction with the results obtained. Numerous laws have been introduced that emphasise the need for comprehensive prior information in order to acquire valid consent. This has resulted in the elimination of the distinction between the obligation of means and obligation of result, with achievement of the normally expected result required in any case.

Slovenia and Kyoto Obligation

International Nuclear Information System (INIS)

Tirsek, A.; Jevsek, F.; Plavcak, V.-P.

1998-01-01

The paper gives the possibilities of emission reduction as an obligation from Kyoto Protocol. The Slovenia environmental and energy strategies are regulated to implement the agreement to reduce the emissions of greenhouse gases by 8% to the year 2012 as regard the basic year 1986 in energy, transportation, industrial and other sectors, especially focused on electric power sector. (author)

Legal and ethical issues regarding social media and pharmacy education.

Science.gov (United States)

Cain, Jeff; Fink, Joseph L

2010-12-15

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

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

Directory of Open Access Journals (Sweden)

Evgeny V. Solomonov

2016-01-01

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

21 CFR 312.52 - Transfer of obligations to a contract research organization.

Science.gov (United States)

2010-04-01

... 21 Food and Drugs 5 2010-04-01 2010-04-01 false Transfer of obligations to a contract research... and Investigators § 312.52 Transfer of obligations to a contract research organization. (a) A sponsor may transfer responsibility for any or all of the obligations set forth in this part to a contract...

The Legal Context of Sexual Harassment in Education.

Science.gov (United States)

Shoop, Robert J.

1998-01-01

Discusses legal aspects of sexual harassment in educational settings: definitions, the central issue of impact on the educational environment, questions about consensual sexual relationships, the concept of welcomeness, rights of the accused, issues of academic freedom, and successful defenses. Overviews relevant legislation, court cases,…

Legal, cultural and ethical considerations on the informing of the cancer patient: a perspective from Greece.

Science.gov (United States)

Kousathana, L; Kousathana, F; Karamanou, M; Kousoulis, A A

2013-01-01

To discuss the current official legal position of the Greek Council and the official international statement on the subject, as well as the emerging cultural and moral aspects on the issue of informing the cancer patient. Perusal of national and international legal and ethics sources, under a multidisciplinary perspective. According to the Council of State of Greece the violation of informing the patient by the physician constitutes urban liability and disciplinary offence. The Greek Code of Medical Ethics declares that the physician is obliged to inform his patient about his health and respect the desire of the patient who decides not to be informed. The UNESCO declaration does not seem to clarify the subject. In Greece, physicians have the tendency to tell the truth more often today than in the past, reflecting the global tendency, although the majority still discloses the truth to the next of kin. The difference in the tactics of informing in several nations reflects huge cultural, social, economic and religious differences in each society. Well informed and knowledgeable health-care and legal professionals, alongside with patients and ethical directors, should sit at the same table in order to productively discuss the most sensitive matters of the contemporary medical practice.

Institutional Oversight of Faculty-Industry Consulting Relationships in U.S. Medical Schools: A Delphi Study.

Science.gov (United States)

Morain, Stephanie R; Joffe, Steven; Campbell, Eric G; Mello, Michelle M

2015-01-01

The conflicts of interest that may arise in relationships between academic researchers and industry continue to prompt controversy. The bulk of attention has focused on financial aspects of these relationships, but conflicts may also arise in the legal obligations that faculty acquire through consulting contracts. However, oversight of faculty members' consulting agreements is far less vigorous than for financial conflicts, creating the potential for faculty to knowingly or unwittingly contract away important rights and freedoms. Increased regulation could prevent this, but it is unclear what forms of oversight universities view as feasible and effective. In this article, we report on a Delphi study to evaluate several approaches for oversight of consulting agreements by medical schools. The panel was comprised of 11 senior administrators with responsibility for oversight of faculty consulting relationships. We found broad agreement among panelists regarding the importance of institutional oversight to protect universities' interests. There was strong support for two specific approaches: providing educational resources to faculty and submitting consulting agreements for institutional review. Notwithstanding the complexities of asserting authority to regulate private consulting agreements between faculty members and companies, medical school administrators reached consensus that several approaches to improving institutional oversight are feasible and useful. © 2015 American Society of Law, Medicine & Ethics, Inc.

Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations

International Nuclear Information System (INIS)

Buckler, Julius

2016-01-01

The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [de

USAID Dollars Obligated and Dollars Spent

Data.gov (United States)

US Agency for International Development — Displays obligations and disbursements by operating unit (OU) and sector, beginning with Fiscal Years 2009. The data was pulled from USAID's financial accounting...

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

Science.gov (United States)

Beran, Roy G

2010-04-01

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

Isolation of obligate and facultative anaerobic bacteria from feline subcutaneous abscesses.

Science.gov (United States)

Hoshuyama, S; Kanoe, M; Amimoto, A

1996-03-01

A total of 113 specimens collected from purulent skin lesions of household cats was examined bacteriologically. Ninety seven isolates obtained from 74 specimens (65.5%). Of these, 11 specimens (9.7%) contained obligate anaerobes only, 18 specimens (15.9%) yielded both obligate and facultative anaerobes. In the obligate anaerobes detected, genus Fusobacterium was the most frequently observed and F. nucleatum was most common species. Pasteurella multocida was the facultative anaerobe which was most frequently detected.

Filial anxiety and sense of obligation among offspring of Holocaust survivors.

Science.gov (United States)

Shrira, Amit; Menashe, Ravit; Bensimon, Moshe

2018-03-13

Much is known about adult children caring for their aging parents, yet the potentially unique experience of offspring caring for traumatized parents is underexplored. Therefore, the current studies assessed filial anxiety and sense of obligation among offspring of Holocaust survivors (OHS) in caring for their parents. In Study 1, we interviewed 10 OHS (mean age = 61.0) in order to extract themes of filial anxiety. Based on Study 1's data, a newly constructed scale of filial anxiety was administered in Study 2 to 59 adult offspring (mean age = 56.4): 28 OHS and 31 comparisons. Study 3 included 143 dyads of parents and offspring (mean age = 55.4 and 81.7, respectively): 86 Holocaust dyads and 57 comparison dyads. Parents reported posttraumatic stress disorder (PTSD) symptoms and offspring reported filial anxiety and sense of obligation. In Study 1, interviewees referred to concerns about parent experiencing decline alongside caregiving difficulties. In Study 2, OHS reported higher filial anxiety and sense of obligation relative to comparisons. This group difference was mediated by sense of obligation. In Study 3, OHS with parental PTSD reported higher filial anxiety and sense of obligation relative to comparisons. Once more, filial sense of obligation served as a mediator. In Studies 2-3, results remained significant after adjusting for offspring symptoms. Parental exposure to the Holocaust, and especially parental PTSD, related to higher filial obligation, which in turn was related to higher filial anxiety. These findings bear important implications for practitioners working with survivors' families.

Legal mechanisms in European Union and Serbia which aimed to protect women from domestic violence

Directory of Open Access Journals (Sweden)

Samardžić Sandra

2012-01-01

Full Text Available Violence against women is the most common form of domestic violence. This problem has long been ignored, because it is considered that family relations, e.g. relations between married and unmarried partners are a private matter and the state's obligation was to refrain from any interference. However, since the problem of domestic violence against women has become increasingly common, the attitude of the international community began to change, and it was increasingly emphasizes the need to create adequate legal mechanisms to provide protection to the victim. In this sense, in the United Nations, and the European Union a number of laws were enacted. In Serbia, there is also both, criminal and civil law regulation that seeks to prevent domestic violence and to punish perpetrators and protect victims. In addition to adequate legal mechanisms, which can always be improved, it is necessary to take certain initiatives by states that can lead to improved awareness among the people about the presence of violence, and the ways in which they can help.

The Enigmatic Nature of the Israeli Legal System

African Journals Online (AJOL)

RV

RELATIONSHIP BETWEEN DIGITAL INFORMATION AND CERTAIN LEGAL. FIELDS IN ... the Hitler-era, used a device to "bug" the telephones of foreign embassies as well those of its ..... Who disregard privacy considerations in order to perform online marketing and advertising. 51 ..... na rekenaars" 1985 SACC 129-141.

Subcontracting in nuclear industry - legal aspects

International Nuclear Information System (INIS)

Leger, M.

2012-01-01

This article describes the legal framework of subcontracting in France. Subcontracting is considered as a normal mode of functioning for an enterprise: an enterprise contracts another enterprise to do what it can not do itself or does not want to do. According to the 1975 law, cascade subcontracting is allowed but subcontractors have to be accepted by the payer. In some cases the payer can share responsibility when the subcontracting enterprises do not comply to obligations like the payment of some taxes. The main subcontractor who is the one who contracted with the payer is the only one responsible for the right execution of the whole contract. In nuclear industry there are 2 exceptions to the freedom of subcontracting. The first one concerns radiation protection: in a nuclear facility the person in charge of radioprotection must be chosen among the staff. The second concerns the operations and activities that are considered important for radiation protection, it is forbidden to subcontract them. In some cases like maintenance in nuclear sector the law imposes some qualification certification for subcontracting enterprises. The end of the article challenges the common belief about subcontracting in nuclear industry. (A.C.)

Physicians' strikes and the competing bases of physicians' moral obligations.

Science.gov (United States)

MacDougall, D Robert

2013-09-01

Many authors have addressed the morality of physicians' strikes on the assumption that medical practice is morally different from other kinds of occupations. This article analyzes three prominent theoretical accounts that attempt to ground such special moral obligations for physicians--practice-based accounts, utilitarian accounts, and social contract accounts--and assesses their applicability to the problem of the morality of strikes. After critiquing these views, it offers a fourth view grounding special moral obligations in voluntary commitments, and explains why this is a preferable basis for understanding physicians' moral obligations in general and especially as pertaining to strikes.

Legal issues confronting the occupational physician.

Science.gov (United States)

Lewis, Kenneth S; Kleper, Ann-Louise

2002-01-01

Occupational physicians are frequently participants in a legal arena in which the interests of the patient are in conflict with those of the patient's employer. What is best for the patient may be viewed as financially burdensome or damaging to the employer. Pressures may be brought to bear upon the doctor, who is also concerned with furthering business relationships with the employer, to take action that is inimical to the patient's well-being. This article addresses legal liability and ethical responsibility in three situations: (1) when limitations or constraints are placed upon the physician's professional judgment in treating the patient; (2) when demands are made upon the physician to release medical information regarding a patient; and (3) when the physician is asked to perform a medical evaluation for purposes of litigation.

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

Directory of Open Access Journals (Sweden)

E. Kosiński

2017-01-01

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

Observer perceptions of moral obligations in groups with a history of victimization.

Science.gov (United States)

Warner, Ruth H; Branscombe, Nyla R

2012-07-01

The authors investigated when observers assign contemporary group members moral obligations based on their group's victimization history. In Experiment 1, Americans perceived Israelis as obligated to help Sudanese genocide victims and as guiltworthy for not helping if reminded of the Holocaust and its descendants were linked to this history. In Experiment 2, participants perceived Israelis as more obligated to help and guiltworthy for not helping when the Holocaust was presented as a unique victimization event compared with when genocide was presented as pervasive. Experiments 3 and 4 replicated the effects of Experiment 1 with Cambodians as the victimized group. Experiment 5 demonstrated that participants perceived Cambodians as having more obligations under high just world threat compared with low just world threat. Perceiving victimized groups as incurring obligations is one just world restoration method of providing meaning to collective injustice.

Legal Hybrids

DEFF Research Database (Denmark)

Herrmann, Janne Rothmar

2009-01-01

in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...

Development of orgware of borrower - legal entity’s solvency analysis

Directory of Open Access Journals (Sweden)

Vygovska N.G.

2017-03-01

Full Text Available The article is devoted to the development of orgware of borrower - legal entity’s solvency analysis. The authors investigate the orgware of solvency estimation mechanism in two aspects: 1 as the aggregate of the organizational stages of solvency estimation; 2 as an organizational structure and co-operation between different structural subdivisions of bank. The paper itemizes and specifies the stages of orgware of borrower - legal entity’s solvency analysis according to such signs as the purpose of the stage; responsible for the stage; the issues studied on the stage; documenting, duration and features of the organizational stage. The documentary providing of the process organization of solvency analysis is improved, namely, the appendix to executive Summary «Estimation of off-balance sheet obligations (off-balance sheet risks of borrower on the project credited» is offered. The authors’ attention is paid to the existence (in international practice of two methods of organization process of enterprises-borrowers’ rating: 1 oriented to the external rating and 2 oriented to the internal rating, their advantages and disadvantages are identified. The article offers the algorithm of informative co-operation of basic subjects of borrower’s solvency analysis after the selected organizational stages at forming of the internal credit rating, which will be instrumental in the improvement of process of enterprises’ crediting, standardization of procedure, and decline of crediting risks.

The moral obligation to be vaccinated: utilitarianism, contractualism, and collective easy rescue.

Science.gov (United States)

Giubilini, Alberto; Douglas, Thomas; Savulescu, Julian

2018-02-10

We argue that individuals who have access to vaccines and for whom vaccination is not medically contraindicated have a moral obligation to contribute to the realisation of herd immunity by being vaccinated. Contrary to what some have claimed, we argue that this individual moral obligation exists in spite of the fact that each individual vaccination does not significantly affect vaccination coverage rates and therefore does not significantly contribute to herd immunity. Establishing the existence of a moral obligation to be vaccinated (both for adults and for children) despite the negligible contribution each vaccination can make to the realisation of herd immunity is important because such moral obligation would strengthen the justification for coercive vaccination policies. We show that two types of arguments-namely a utilitarian argument based on Parfit's Principle of Group Beneficence and a contractualist argument-can ground an individual moral obligation to be vaccinated, in spite of the imperceptible contribution that any single vaccination makes to vaccine coverage rates. We add a further argument for a moral obligation to be vaccinated that does not require embracing problematic comprehensive moral theories such as utilitarianism or contractualism. The argument is based on a "duty of easy rescue" applied to collectives, which grounds a collective moral obligation to realise herd immunity, and on a principle of fairness in the distribution of the burdens that must be borne to realise herd immunity.

Should Social Value Obligations be Local or Global?

Science.gov (United States)

Nayak, Rahul; Shah, Seema K

2017-02-01

According to prominent bioethics scholars and international guidelines, researchers and sponsors have obligations to ensure that the products of their research are reasonably available to research participants and their communities. In other words, the claim is that research is unethical unless it has local social value. In this article, we argue that the existing conception of reasonable availability should be replaced with a social value obligation that extends to the global poor (and not just research participants and host communities). To the extent the social value requirement has been understood as geographically constrained to the communities that host research and the countries that can afford the products of research, it has neglected to include the global poor as members of the relevant society. We argue that a new conception of social value obligations is needed for two reasons. First, duties of global beneficence give reason for researchers, sponsors, and institutions to take steps to make their products more widely accessible. Second, public commitments made by many institutions acknowledge and engender responsibilities to make the products of research more accessible to the global poor. Future research is needed to help researchers and sponsors discharge these obligations in ways that unlock their full potential. Published 2017. This article is a U.S. Government work and is in the public domain in the USA.

For better or worse: relationship status and body mass index.

Science.gov (United States)

Averett, Susan L; Sikora, Asia; Argys, Laura M

2008-12-01

Recent increases in the incidence of obesity and declines in marriage have prompted policymakers to implement policies to mitigate these trends. This paper examines the link between these two outcomes. There are four hypotheses (selection, protection, social obligation and marriage market) that might explain the relationship between marital status transitions and changes in Body Mass Index (BMI). The selection hypothesis suggests that those with a lower BMI are more likely to be selected into marriage. The protection hypothesis states that married adults will have better physical health as a result of the increased social support and reduced incidence of risky behavior among married individuals. The social obligation hypothesis states that those in relationships may eat more regular meals and/or richer and denser foods due to social obligations which may arise because of marriage. Finally, the marriage market hypothesis indicates that when adults are no longer in the marriage market they may not maintain a healthy BMI because doing so is costly and they are in a stable union-or on the other hand, adults may enhance their prospects in the marriage market by losing weight. Taking advantage of longitudinal data and complete marriage histories in the National Longitudinal Survey of Youth 1979, we estimate individual fixed effects models to examine associations between the change in log BMI and the incidence of overweight and obesity, and changes in relationship status controlling for the effects of aging and other respondent characteristics. We find no support for the marriage protection hypothesis. Rather we find evidence supporting the social obligation and marriage market hypotheses-BMI increases for both men and women during marriage and in the course of a cohabiting relationship. Separate analyses by race and ethnicity reveal substantial differences in the response of BMI to relationship status across these groups.

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.

Regional Legal Assistance

Directory of Open Access Journals (Sweden)

Abdul Fatah

2015-06-01

Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

Misleading by Omission: Rethinking the Obligation to Inform Research Subjects about Funding Sources.

Science.gov (United States)

Manson, Neil C

2017-11-15

Informed consent requirements for medical research have expanded over the past half-century. The Declaration of Helsinki now includes an explicit positive obligation to inform subjects about funding sources. This is problematic in a number of ways and seems to oblige researchers to disclose information irrelevant to most consent decisions. It is argued here that such a problematic obligation involves an "informational fallacy." The aim in the second part of the paper is to provide a better approach to making sense of how a failure to inform about funding sources wrongs subjects: by making appeals to obligations to refrain from misleading by omission. This alternative approach-grounded in a general obligation to refrain from misleading, an obligation that is independent of informed consent-provides a basis for a norm that protects subjects' interests, without the informational fallacy. The approach developed here avoids the problems identified with the currently specified general obligation to inform about funding sources. © The Author 2017. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

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

Science.gov (United States)

Pott, Robbin

2017-11-01

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

25 CFR 163.42 - Obligated service and breach of contract.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Obligated service and breach of contract. 163.42 Section... breach of contract. (a) Obligated service. (1) Individuals completing forestry education programs with an... request for waiver. (b) Breach of contract. Any individual who has participated in and accepted financial...

Informed consent: Enforcing pharmaceutical companies' obligations abroad.

Science.gov (United States)

Lee, Stacey B

2010-06-15

The past several years have seen an evolution in the obligations of pharmaceutical companies conducting clinical trials abroad. Key players, such as international human rights organizations, multinational pharmaceutical companies, the United States government and courts, and the media, have played a significant role in defining these obligations. This article examines how such obligations have developed through the lens of past, present, and future recommendations for informed consent protections. In doing so, this article suggests that, no matter how robust obligations appear, they will continue to fall short of providing meaningful protection until they are accompanied by a substantive enforcement mechanism that holds multinational pharmaceutical companies accountable for their conduct. Issues of national sovereignty, particularly in the United States, will continue to prevent meaningful enforcement by an international tribunal or through one universally adopted code of ethics. This article argues that, rather than continuing to pursue an untenable international approach, the Alien Torts Statute (ATS) offers a viable enforcement mechanism, at least for US-based pharmaceutical companies. Recent federal appellate court precedent interpreting the ATS provides the mechanism for granting victims redress and enforcing accountability of sponsors (usually pharmaceutical companies and research and academic institutions) for informed consent misconduct. Substantive human rights protections are vital in order to ensure that every person can realize the "right to health." This article concludes that by building on the federal appellate court's ATS analysis, which grants foreign trial participants the right to pursue claims of human rights violations in US courts, a mechanism can be created for enforcing not only substantive informed consent, but also human rights protections.

A comprehensive assessment of options for the legal form of the Paris Climate Agreement

International Nuclear Information System (INIS)

Maljean-Dubois, Sandrine; Wemaere, Matthieu; Thomas Spencer

2014-01-01

For many years, the issue of the legal form of the new climate agreement has hovered over the international negotiations. Countries have insisted on first discussing substance. Indeed, it is here that the main divergences remain. However, one year out from the Paris climate conference, it is time to open the discussion on the legal form of the final agreement. The issue of legal form is often reduced to the negotiation of a 'binding' or 'non-binding' agreement. The bindingness of an international environmental agreement however depends on multiple parameters. We propose four parameters to be considered: the form of the core agreement; the 'anchoring' of commitments; mechanisms for transparency, accountability and facilitation; and mechanisms for compliance. Parties should assess pros and cons of these options, and the agreement be optimised across all four. Negotiations appear to be heading towards a hybrid agreement. Some provisions would be contained in a core agreement, and some in implementing documents such as decisions or schedules. This structure can help to balance legal certainty with flexibility. The core agreement should contain a binding provision to implement and regularly update a 'nationally determined contribution' (NDC). If these NDCs were to be housed outside the agreement, this could give more flexibility on their content, submission and updating. The core agreement should contain strong provisions on transparency, accountability and facilitation, including independent institutional arrangements (a Transparency Committee). At this stage in global cooperation and given inherent weaknesses in international environmental law, a punitive compliance mechanism seems unfeasible. However, the agreement should contain a compliance mechanism regarding procedural obligations, such as submission and updating of NDCs. (authors)

American Legal Realism: Research Programme and Policy Impact

Directory of Open Access Journals (Sweden)

Frans L. Leeuw

2017-12-01

Full Text Available The article addresses two questions:1. Can Legal Realism be seen as a scientific research programme enabling growth of knowledge? To answer that question, the author uses Lakatos’s  work on the methodology of scientific research programmes as a frame of reference.2. What has been the role of American Legal Realism during the first part of the 20th century in helping to develop and implement the New Deal policy vis-à-vis its scientific work?After outlining some characteristics of American Legal Realism and Lakatos’s concept, the author studies LR from this perspective and concludes that LR can at the maximum be seen as a research programme of a very rudimentary nature with largely only a focus on procedures/methods. Despite this conclusion, LR has been important in stimulating questions in which social science research and law came together. Next, the professor-realist-relationship that helped President Roosevelt to have his New Deal developed and implemented is also discussed. A downside of this ‘professor-realist-advisor-partnership’ may have been that a LR scientific research programme has not been developed. Given the increased visibility of New Legal Realism, the paper finally stresses the relevance of working with scientific research programmes and the importance of being on the alert when linking research to (legal policies.

Handbook of divorce and relationship dissolution

CERN Document Server

Fine, Mark A

2013-01-01

This Handbook presents up-to-date scholarship on the causes and predictors, processes, and consequences of divorce and relationship dissolution. Featuring contributions from multiple disciplines, this Handbook reviews relationship termination, including variations depending on legal status, race/ethnicity, and sexual orientation. The Handbook focuses on the often-neglected processes involved as the relationship unfolds, such as infidelity, hurt, and remarriage. It also covers the legal and policy aspects, the demographics, and the historical aspects of divorce. Intended for researchers, practitioners, counselors, clinicians, and advanced students in psychology, sociology, family studies, communication, and nursing, the book serves as a text in courses on divorce, marriage and the family, and close relationships.

[Ethical and legal duty of anesthesiologists regarding Jehovah's Witness patient: care protocol].

Science.gov (United States)

Takaschima, Augusto Key Karazawa; Sakae, Thiago Mamôru; Takaschima, Alexandre Karazawa; Takaschima, Renata Dos Santos Teodoro; de Lima, Breno José Santiago Bezerra; Benedetti, Roberto Henrique

Jehovah's Witnesses patients refuse blood transfusions for religious reasons. Anesthesiologists must master specific legal knowledge to provide care to these patients. Understanding how the Law and the Federal Council of Medicine treat this issue is critical to know how to act in this context. The aim of this paper was to establish a treatment protocol for the Jehovah's Witness patient with emphasis on ethical and legal duty of the anesthesiologist. The article analyzes the Constitution, Criminal Code, resolutions of the Federal Council of Medicine (FCM), opinions, and jurisprudence to understand the limits of the conflict between the autonomy of will of Jehovah's Witnesses to refuse transfusion and the physician's duty to provide the transfusion. Based on this evidence, a care protocol is suggested. The FCM resolution 1021/1980, the penal code Article 135, which classifies denial of care as a crime and the Supreme Court decision on the HC 268,459/SP process imposes on the physician the obligation of blood transfusion when life is threatened. The patient's or guardian's consent is not necessary, as the autonomy of will manifestation of the Jehovah's Witness patient refusing blood transfusion for himself and relatives, even in emergencies, is no not forbidden. Copyright © 2016 Sociedade Brasileira de Anestesiologia. Publicado por Elsevier Editora Ltda. All rights reserved.

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

Directory of Open Access Journals (Sweden)

Tretiak A.M.

2017-08-01

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

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

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)

Legal status and the legal treatment of environmental refugees; Rechtsstellung und rechtliche Behandlung von Umweltfluechtlingen

Energy Technology Data Exchange (ETDEWEB)

Ammer, Margit; Nowak, Manfred [Ludwig Boltzmann Institut fuer Menschenrechte, Wien (Austria); Stadlmayr, Lisa; Hafner, Gerhard [Wien Univ. (Austria). Abt. Voelkerrecht und Internationale Beziehungen

2010-11-15

After the development of a working definition of ''environmental refugees'', the study examines existing State obligations in international law (obligations of the State of origin and of third States under human rights law and general public international law), which are relevant for the prevention of ''environmental flight'' as well as for coping with situations of ''environmental flight'' and identifies shortcomings. In a second step and based on this inventory and gap analysis, a catalogue of ''ideal'' State obligations and individual rights aiming at the best possible protection for (potential) ''environmental refugees'' is created. After comparing the advantages and disadvantages of different solution models, a specific, ''ideal'' solution is presented. (orig.)

Contracts on electric power supply set up between communities (communal associations, countries) and public electricity utilities

Energy Technology Data Exchange (ETDEWEB)

Hedrich, B

1976-01-01

There is not any original communal right to energy supply for the population. The affiliation of local power supply to the local administration cannot be justified either by the public purpose of service or by the term provision of existence. The utilities do not get a communal license when getting the so-called licensing contract. According to its legal nature, the licensing contract is a mixture of legal positions composed of elements of the civil law and the public law. (Administrative lawsuit). The so-called power supply contract is a mutual legal relationship under civil law on the utilization of electric power, made to last. (Permanent obligation for utilization). When concluding both contracts, it is a matter of economic activities undertaken by the communities. Fiscal considerations are in the foreground. Legal regulations concerning roads and distances and serving as starting points for concluding a licensing contract are alien to the system and are to be abolished. Communities should only be responsible for local energy supply on a basis under public law. In lieu of it a stronger obligation to be met by large utilities ought to be ensured by ties under public law.

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

Science.gov (United States)

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

2017-08-01

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

Contractual and non-contractuall obligations in private international Law

OpenAIRE

Čejková, Martina

2010-01-01

67 8 Summary 8.1 Contractual and Non-contractual Obligations in Private International Law This thesis deals with the European international private law and discusses the current law-crash modification of contractual and non-contractual obligations. Characteristic of the European community is the absence of unification of the substantive law, which is compensated, by the unification of conflict standards. The unification of conflict standards, as an instrument of the international private law,...

30 CFR 717.11 - General obligations.

Science.gov (United States)

2010-07-01

... construction, operation, and reclamation of shafts, adits, underground support facilities, underground mining... Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR INITIAL PROGRAM REGULATIONS UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS § 717.11 General obligations. (a...

[Judicial and medical/legal aspects of the responsibility of workers appointed to carry out first aid].

Science.gov (United States)

Caprioli, L C; Ciavarella, M; Sacco, A

2005-01-01

One of the innovations introduced by law 626/94 [the Italian law on occupational health and safety of workers] is the obligation of the employer to designate workers responsible for first aid. To identify and discuss the duties, the role and the medical and legal responsibility of workers appointed to carry out first aid measures. Analysis of legislation and current practice concerning medical and legal responsibility in first aid procedures. The worker appointed to carry out first aid measures is, by virtue of his appointment, obliged to take action. Therefore, he could commit an illegitimate act both by "acting" and by "omitting" to carry out a duty that is his responsibility. In the first case the worker could be accused of committing an unpremeditated criminal offence when his actions involve negligence, imprudence, inexperience or violation of regulations concerning his duties. A "serious criminal offence" is committed when the most elementary rules of diligence, prudence and skill are violated; the offence is "slight" when negligence, imprudence or inexperience are involved in particularly complex situations. The reference parameter for inexperience is not a first aid volunteer, nor a member of the public, but a worker designated to carry out first aid possessing "average" attitudes, training and ability. Briefly, a guilty error by the appointed worker consists of the following: i) the professional conduct of the operator was clearly wrong, serious and unjustifiable; ii) the operator clearly omitted doing his/her duty; iii) the consequence of the error is physical personal damage. The observations made clearly illustrate the delicacy of the tasks of the worker appointed to carry out first aid measures. Essential elements for minimizing wrong and/or negligent conduct are appropriate choice of the designated workers and their adequate training.

Legal method in danish law

DEFF Research Database (Denmark)

Blume, Peter Erik

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

The Influence of Immigrant Parent Legal Status on U.S.-Born Children's Academic Abilities: The Moderating Effects of Social Service Use

Science.gov (United States)

Brabeck, Kalina M.; Sibley, Erin; Taubin, Patricia; Murcia, Angela

2016-01-01

The present study investigated the relationship between immigrant parent legal status and academic performance among U.S.-born children, ages 7-10. Building on previous research and a social ecological framework, the study further explored how social service use moderates the relationship between parent legal status and academic performance.…

The levels of disclosure relating to mine closure obligations by platinum mining companies

Directory of Open Access Journals (Sweden)

Joline Sturdy

2017-06-01

Aim: The aim of this study is to establish the extent to which platinum mines listed on the Johannesburg Stock Exchange (JSE comply with a recommended disclosure framework. Setting: South Africa is the largest producer of platinum in the world. The study covers all platinum mines listed on the JSE. Methods: Using a framework, a census of the annual financial statements, integrated annual reports and sustainability reports or websites was conducted to determine the level of compliance of disclosure relating to mine closure obligations to the recommended disclosure framework. Results: The results show disclosure relating to mine closure obligations of platinum mines listed on the JSE is inconsistent and not sufficient for stakeholders to understand the scope, key assumptions, parameters or reliability of the assessment and calculation of mine closure obligations. Conclusion: The assumptions used to determine mine closure obligations are specialised and multi-disciplinary. The accuracy and reliability of mine closure obligations will improve dramatically through greater transparency and access to information. It is recommended that the JSE listings for mining companies should require a competent person’s report to provide disclosure on assumptions, key values and processes applied to determine the mine closure obligations. Furthermore, it is recommended that the Department of Mineral Resources implements a mechanism of independent assessment of mine closure obligations by experts on an ongoing basis.

THE CONSTITUTIONAL PRINCIPLE OF EQUALITY - LEGAL SIGNIFICANCE AND SOCIAL IMPLICATIONS -

Directory of Open Access Journals (Sweden)

Marius ANDREESCU

2017-12-01

Full Text Available The equality in human rights and obligations, the equality of citizens before the law are fundamental categories of the theories on social democracy but also conditions of the lawful state, without which constitutional democracy cannot be conceived. In Romanian Constitution, this principle is consecrated in the form of equality of the citizens before the law and public authorities. There are also particular aspects of this principle consecrated in the Constitution. The constitutional principle of equality requires that equal treatment be applied to equal situations. This social and legal reality implies numerous interferences between the principle of equality and other constitutional principles. In this study, by using theoretical and jurisprudential arguments, we intend to demonstrate that, in relation to contemporary social reality, equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter one expresses in essence the ideas of: fairness, justice, reasonableness and fair appropriateness of state decisions to the facts and legitimate aims proposed.

[Analysis of DNA-DNA homologies in obligate methylotrophic bacteria].

Science.gov (United States)

Doronina, N V; Govorukhina, N I; Lysenko, A M; Trotsenko, Iu A

1988-01-01

The genotypic affinity of 19 bacterial strains obligately dependent on methanol or methylamine as carbon and energy sources was studied by techniques of molecular DNA hybridization. The high homology level (35-88%) between motile strain Methylophilus methanolovorus V-1447D and nonmotile strain Methylobacillus sp. VSB-792 as well as other motile strains (Pseudomonas methanolica ATCC 21704, Methylomonas methanolica NRRL 5458, Pseudomonas sp. W6, strain A3) indicates that all of them belong to one genus. Rather high level of homology (62-63%) was found between Methylobacillus glycogenes ATCC 29475 and Pseudomonas insueta ATCC 21276 and strain G-10. The motile strain Methylophilus methylotrophus NCIB 10515 has a low homology (below 20%) to other of the studied obligate methylobacteria. Therefore, at least two genetically different genera of obligate methylobacteria can be distinguished, namely Methylophilus and Methylobacillus, the latter being represented by both motile and nonmotile forms.

Alternative dispute resolution of medical-legal issues.

Science.gov (United States)

Barton, H M

1991-02-01

Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

Post-trial obligations in the Declaration of Helsinki 2013: classification, reconstruction and interpretation.

Science.gov (United States)

Mastroleo, Ignacio

2016-08-01

The general aim of this article is to give a critical interpretation of post-trial obligations towards individual research participants in the Declaration of Helsinki 2013. Transitioning research participants to the appropriate health care when a research study ends is a global problem. The publication of a new version of the Declaration of Helsinki is a great opportunity to discuss it. In my view, the Declaration of Helsinki 2013 identifies at least two clearly different types of post-trial obligations, specifically, access to care after research and access to information after research. The agents entitled to receive post-trial access are the individual participants in research studies. The Declaration identifies the sponsors, researchers and host country governments as the main agents responsible for complying with the post-trial obligations mentioned above. To justify this interpretation of post-trial obligations, I first introduce a classification of post-trial obligations and illustrate its application with examples from post-trial ethics literature. I then make a brief reconstruction of the formulations of post-trial obligations of the Declaration of Helsinki from 2000 to 2008 to correlate the changes with some of the most salient ethical arguments. Finally I advance a critical interpretation of the latest formulation of post-trial obligations. I defend the view that paragraph 34 of 'Post-trial provisions' is an improved formulation by comparison with earlier versions, especially for identifying responsible agents and abandoning ambiguous 'fair benefit' language. However, I criticize the disappearance of 'access to other appropriate care' present in the Declaration since 2004 and the narrow scope given to obligations of access to information after research. © 2015 John Wiley & Sons Ltd.

Sources of Legal Nihilism in the Sense of Justice of the Population of Russia

Directory of Open Access Journals (Sweden)

Natalia A. Nazariva

2015-12-01

Full Text Available This article is focused on the consideration of reasons and sources of an origin of legal nihilism as forms of the deformed sense of justice of citizens in Russia. By means of use of a deductive method the understanding of the term "legal nihilism" is formed. In article approaches to understanding of legal nihilism by the analysis of comparison of various positions of the leading philosophers are considered. Article considers development of sense of justice of the population against the historical processes happening in Russia throughout centuries. Relationships of cause and effect of formation and development of legal nihilism as reactions to social changes of society come to light.

On legal natures of security contract for nuclear power plants

International Nuclear Information System (INIS)

Ara, H.

1977-01-01

A variety of theories on the legal natures of the security agreement for nuclear power plants, and the author's opinion are described. The discussed theories include (1) the theory of gentleman agreement, (2) the theory of contract under private laws, (3) the theory of contract under public laws, (4) the theory of administrative guidance, (5) the theory of quasi-laws and rules, (6) the theory of mixed contract, and (7) the theory of special contract. According to the author's opinion, it may not be a pure gentleman agreement, but it can be a contract under public laws with quasi-regulation-like features. Reviewing the security agreement in such circumstance, the following measures should be taken. (1) the prescription of doctrine or declaration about the respect of environment and human life must be specified; (2) technical matters must be specified as concretely as possible; (3) resident representatives must participate in planning measurements and treating the results of measurements; (4) the contract must be effective in case of the transfer, incorporation and succession of enterprises; (5) the subrogation of administration acts must be recognized; (6) a unified line of command must be provided and bearing of expenditures must be prepared legally for emergency, because the executive organization of immediate compulsion has not sufficient knowledge on radioactivity; and (7) the active obligations of enterprises to cooperate with the administrative guidance and investigation by local public bodies must be specified. (Iwakiri, K.)

The U.S. continental shelf beyond 200 nautical miles. Legal questions arising from non-accession to the UN Convention on the Law of the Sea

OpenAIRE

Longtain, Shay

2015-01-01

The elaborate legal framework contained in Part VI of the 1982 United Nations Convention on the Law of the Sea (LOSC) resembles both codification and progressive development of the law of the sea as it relates to the continental shelf. As a non-party to the Convention, the United States is only bound to those provisions which now reflect customary rules of international law or have otherwise created rights or obligations for third states. This thesis identifies several distinct components o...

18 CFR 346.3 - Asset retirement obligations.

Science.gov (United States)

2010-04-01

... related to asset retirement obligations that would impact the calculation of rate base, such as carrier property and related accumulated depreciation and accumulated deferred income taxes, may not be reflected...

18 CFR 35.18 - Asset retirement obligations.

Science.gov (United States)

2010-04-01

... related to asset retirement obligations that would impact the calculation of rate base, such as electric plant and related accumulated depreciation and accumulated deferred income taxes, may not be reflected...

18 CFR 37.5 - Obligations of Transmission Providers and Responsible Parties.

Science.gov (United States)

2010-04-01

... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Obligations of Transmission Providers and Responsible Parties. 37.5 Section 37.5 Conservation of Power and Water Resources... ACCESS SAME-TIME INFORMATION SYSTEMS § 37.5 Obligations of Transmission Providers and Responsible Parties...

29 CFR 4.177 - Discharging fringe benefit obligations by equivalent means.

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Discharging fringe benefit obligations by equivalent means... CONTRACTS Compensation Standards Compliance with Compensation Standards § 4.177 Discharging fringe benefit obligations by equivalent means. (a) In general. (1) Section 2(a)(2) of the Act, which provides for fringe...

Competition law and the obligation to supply

DEFF Research Database (Denmark)

Bergqvist, Christian

2015-01-01

While accepted in theory and practice that an obligation to supply, ser-vice or license can emerge under competition law, the scope of this is subject to many, if not lacunas, at least ambiguities, and no general ob-li¬gations of such nature can, no should, be identified. Further, and equally...... important, the narrow set of circumstances warranting inter-vention against refusals is defined by competition law in accordance with its underlying principles of a predominantly economic nature. Hence, competition law should not be relied upon as a corrective in-strument to lacunas in other areas of law, e.......g. compulsory licenses un-der IP law. Below, some considerations regarding the obligation to supply under competition law are offered for the purpose of correcting the misunderstandings....

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

Energy Technology Data Exchange (ETDEWEB)

None,

1980-05-01

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

Legal-Economic Ownership and Generational Transfer in Family Business: Facets of Owner's Responsibility

OpenAIRE

Nemilentsev, Mikhail

2010-01-01

In the following paper a conceptual framework of the owner’s responsibility is created in order to study the transgenerational legal-economic ownership in the family business. Responsible ownership involves a sense of accountability and entrepreneurship to some extent. However, legal and social responsibilities naturally supplement each other in the family firm. Owners by means of personal relationships and financial guarantees are responsible for carrying out daily business operations and ma...

The power of law : Spinoza’s contribution to legal theory

NARCIS (Netherlands)

Gribnau, J.L.M.

1995-01-01

Spinoza’s legal theoretical ideas are based on psychological and sociological regularities in human behaviour of knowledge. His naturalistic and descriptive approach of the relationship between law and power shows that the exercise of state power on that basis - within the constitutional constraints

Transfer of financial obligations for the disposal of nuclear waste and decommissioning of German NPP's. Legal aspects of a trust model

International Nuclear Information System (INIS)

Schewe, Markus; Wiesendahl, Stefan

2015-01-01

The nuclear power plant operators have to bear the costs associated with the closure and the decommissioning of the German nuclear power plants as well as the costs for the disposal of nuclear waste. For that purpose, the operators have to build up sufficient reserves for the decommissioning phase. These reserves at the end of 2013 amounted to approximately 36 billion Euro. Changing this system is discussed very so often. Last in May 2014, a public debate started dealing with the so called trust model (''Stiftungsmodell''). The press published deliberations of several operators to transfer their entire nuclear business to the Federal Republic of Germany. Under this deliberation the current nuclear power plant operations, as well as closure obligations would be contributed to trust. Further, also the reserves should be ''transferred'' to the trust. RAG-Foundation (RAG-Stiftung) - which will assume the financial obligations in connection with Germany's closure of underground coal mining activities - sometimes is cited as a role model. The article covers elements of German trust law and atomic energy law regarding such deliberations. In trust law e.g. it can be debated whether the trust should be established under public or - as in the case of RAG-Foundation - under private law. In this context we will set out the major differences between those two options. In the public law part we will notably address issues arising from individual licensing requirements for nuclear power plants and focus on questions concerning reliability, requisite qualification and organizational structures.

Problems concerning the Federal Government-Laender relationship in nuclear law

International Nuclear Information System (INIS)

Lange, K.

1990-01-01

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

Bill for a new organization of the electricity market. Final Text

International Nuclear Information System (INIS)

2010-01-01

This text contains the new arrangements introduced to organize the concurrence and the competitiveness in the distribution of the electricity produced in France notably that produced by EDF in the French nuclear power plants. It defines the legal framework for agreements between EDF and electricity providers, i.e. prices and quantities of electricity, purchase obligations. It also defines obligations of the providers with respect to users. It addresses the relationship between local communities and these providers, tariffs, works realized on the network. It also addresses the purchase price of hydroelectricity and of electricity produced from biomass, gas tariff

Bill for a new organization of the electricity market. Final Text; Projet de Loi portant nouvelle organisation du marche de l'electricite. Texte definitif

Energy Technology Data Exchange (ETDEWEB)

NONE

2010-07-01

This text contains the new arrangements introduced to organize the concurrence and the competitiveness in the distribution of the electricity produced in France notably that produced by EDF in the French nuclear power plants. It defines the legal framework for agreements between EDF and electricity providers, i.e. prices and quantities of electricity, purchase obligations. It also defines obligations of the providers with respect to users. It addresses the relationship between local communities and these providers, tariffs, works realized on the network. It also addresses the purchase price of hydroelectricity and of electricity produced from biomass, gas tariff

Joint Parental Authority : A comparative legal study on the continuation of joint parental authority after divorce and the breakup of a relationship in Dutch and Danish law and the CEFL principles

NARCIS (Netherlands)

Jeppesen, C.G.

2008-01-01

This book provides a comparative legal study on the continuation of joint parental authority after divorce and the breakup of a relationship in Dutch and Danish law. In addition, the Principles regarding Parental Responsibilities which have been drafted by the Commission on European Family Law are

The Legal Case

NARCIS (Netherlands)

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

2013-01-01

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

28 CFR 43.2 - Obligations of persons receiving care and treatment.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Obligations of persons receiving care and treatment. 43.2 Section 43.2 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES § 43.2 Obligations of persons...

The logic of actual obligation. An alternative approach to deontic logic

NARCIS (Netherlands)

Voorbraak, F.

In this paper we develop a system of deontic logic (LAO, the logic of actual obligation) with a rather limited scope: we are, only interested in obligations as far as they: are relevant for deciding what actions actually ought to be done in a particular situation, given some normative system N.

Effectiveness of Nigeria's international obligations in curbing ...

African Journals Online (AJOL)

Effectiveness of Nigeria's international obligations in curbing domestic violence. ... Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This paper examines the issue of domestic violence in Nigeria to determine the ...

18 CFR 154.315 - Asset retirement obligations.

Science.gov (United States)

2010-04-01

... retirement obligations that would impact the calculation of rate base, such as gas plant and related accumulated depreciation and accumulated deferred income taxes, may not be reflected in rates and must be...

Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

International Nuclear Information System (INIS)

Belokrylova, Ekaterina A

2013-01-01

development and application of nanoproducts, inspite of fact, that these relationships have a significant financial segment. Thus, according to the Federal Act from December 13, 2010 'About federal budget for 2011 year and the period of 2012 and 2013 years' the expenses for realisation of program 'The infrastructure development of nano industry in Russian Federation for 2008-2011' were 250 milliard of Russian rubbles. The profound analyses of the current legal systems has demonstrated that nowadays the main legal regulation in nano sphere consist of some range of frame documents (accentuated by the author). Thereby, one of the most dynamic and developed field of innovative activities in Russian Federation – nanotechnology – is left out of environmental and legal area of protection and that is might lead to the raising level of ecological risks at the stage of creation and application nano products to the environment and humans' health. During the analyses of annual norms of the Report OECD 'Nano technologies: the Environment, health and safety' the conclusion is following – 2010 Russia has an extremely low degree of conceptual realization of the program in the sphere of forming the policy connected with nanotechnology and its impact on the environment and also a lack of implementations of norms into the national legal systems in terms of the assessment criteria of nano safety EHS (Environmental, Health and Safety) and ELSI (Ethical, Legal and Social Issues). To the great regret, there is no independent and precise legal act about the ways to creat and apply nano products with the certain definitions and principles and, more importantly, with the level of legal obligations and responsibility. This gap is not possible to fill by just altering and editing the existed legal acts due to the lack of the state Russian regulation. Thus, one of the most dynamic fields of innovative activities – nano technologies – is practically out of the regulation. It might lead to an

Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

Science.gov (United States)

Belokrylova, Ekaterina A.

2013-04-01

development and application of nanoproducts, inspite of fact, that these relationships have a significant financial segment. Thus, according to the Federal Act from December 13, 2010 "About federal budget for 2011 year and the period of 2012 and 2013 years" the expenses for realisation of program "The infrastructure development of nano industry in Russian Federation for 2008-2011" were 250 milliard of Russian rubbles. The profound analyses of the current legal systems has demonstrated that nowadays the main legal regulation in nano sphere consist of some range of frame documents (accentuated by the author). Thereby, one of the most dynamic and developed field of innovative activities in Russian Federation - nanotechnology - is left out of environmental and legal area of protection and that is might lead to the raising level of ecological risks at the stage of creation and application nano products to the environment and humans' health. During the analyses of annual norms of the Report OECD "Nano technologies: the Environment, health and safety" the conclusion is following - 2010 Russia has an extremely low degree of conceptual realization of the program in the sphere of forming the policy connected with nanotechnology and its impact on the environment and also a lack of implementations of norms into the national legal systems in terms of the assessment criteria of nano safety EHS (Environmental, Health and Safety) and ELSI (Ethical, Legal and Social Issues). To the great regret, there is no independent and precise legal act about the ways to creat and apply nano products with the certain definitions and principles and, more importantly, with the level of legal obligations and responsibility. This gap is not possible to fill by just altering and editing the existed legal acts due to the lack of the state Russian regulation. Thus, one of the most dynamic fields of innovative activities - nano technologies - is practically out of the regulation. It might lead to an increase of

Confidentiality in psychological practice: a decrepit concept?

Science.gov (United States)

McMahon, M; Knowles, A D

1995-11-01

Although the principle of confidentiality in the relationship between psychologists and client has been vaunted, and is emphasised in the Australian Psychological Society's Code of Professional Conduct (the APS code; 1994), the confidentiality of this relationship is circumscribed by the absence of legal protections, the ethical beliefs of psychologists, institutional practices, and the provisions of the APS code itself. Lack of privilege in judicial proceedings, and statutory obligations to report certain types of behaviour, mandate breaches of confidentiality in some circumstances. Ethical beliefs of psychologists may support disclosure, especially where it is believed that there is danger of serious physical harm to the client or others. Multidisciplinary teams and institutional settings require the exchange of information for optimal delivery of services. Recent amendments to the APS code may require disclosure without the client's consent when a client is believed to be suicidal. Such developments, when considered at all, are typically regarded as exceptions to a general obligation of confidentiality. However, discussion of exceptions presupposes agreement on fundamental principle: the significance of, and rationale for, confidentiality in the psychologist-client relationship. It is argued in this paper that the obligation of confidentiality has been assumed rather than vigorously analysed and empirically explored. A critical examination of this obligation is the most appropriate starting point for the rehabilitation of contemporary principles of confidentiality in the psychologist-client relationship.

The Work Performed within Special Legal Labour Relations

Directory of Open Access Journals (Sweden)

Radu Răzvan Popescu

2016-05-01

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

Exemption of the use of radiation from the safety licence and reporting obligation

International Nuclear Information System (INIS)

1999-07-01

The primary means of controlling the use of radiation is the safety licence procedure. The safety licence, and the granting of the licence, are regulated in the section 16 of the Finnish Radiation Act (592/1991). In section 17 of the act, certain practices are exempted from the safety licence. In addition to these practices, the Radiation and Nuclear Safety (STUK) may (on the basis of the same legal clause) exempt other types of radiation use from the safety licence, if it is possible to ascertain with sufficient reliability that the use of the radiation will not cause damage or danger to health. This guide presents the conditions applying to exemption from the safety licence for the use of radiation and reporting obligation, and also the exemption values for radioactive substances which, if exceeded, will entail the application of the safety licence and notification procedure for the use of radiation in question. The guide also presents exemptions in the use of exemption values, and requirements associated with the exemption of radiation appliances. However, the guide does not apply to the use of nuclear energy

Exemption of the use of radiation from the safety licence and reporting obligation

Energy Technology Data Exchange (ETDEWEB)

NONE

1999-07-01

The primary means of controlling the use of radiation is the safety licence procedure. The safety licence, and the granting of the licence, are regulated in the section 16 of the Finnish Radiation Act (592/1991). In section 17 of the act, certain practices are exempted from the safety licence. In addition to these practices, the Radiation and Nuclear Safety (STUK) may (on the basis of the same legal clause) exempt other types of radiation use from the safety licence, if it is possible to ascertain with sufficient reliability that the use of the radiation will not cause damage or danger to health. This guide presents the conditions applying to exemption from the safety licence for the use of radiation and reporting obligation, and also the exemption values for radioactive substances which, if exceeded, will entail the application of the safety licence and notification procedure for the use of radiation in question. The guide also presents exemptions in the use of exemption values, and requirements associated with the exemption of radiation appliances. However, the guide does not apply to the use of nuclear energy.

Reflections on the Maintenance Obligations from the Perspective of the European Law Enforcement

Directory of Open Access Journals (Sweden)

Gabriela LUPŞAN

2014-08-01

Full Text Available As stated, maintaining and developing an area of freedom, security and justice by the European Union, within which it is ensured the free movement of persons, requires the adoption of, among others, the measures relating to judicial cooperation in civil matters which have cross-border implications. These measures are designed to promote the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction. Based on the mobility of persons within the European Union, from the desire to protect both debtors of the maintenance, most often children, and the interest to favor a proper administration of justice within the European Union, there were adopted a number of community instruments relating to maintenance, which has provisions on conflicts of jurisdiction, conflict of laws, recognition and enforceability, enforcement of judgments, judicial assistance and cooperation between central authorities. In the first part of the study we analyzed the rules of jurisdiction according to which it is established the jurisdiction of the court hearing a claim for maintenance, when maintenance obligations arise from a family relationship, parentage, marriage or affinity. In the second part of the study, we limited the analysis to the choice of law applicable on in the case of the obligation between parents and their children.

Report on the installations of cogeneration under obligation to buy; Rapport sur les installations de cogeneration sous obligation d'achat

Energy Technology Data Exchange (ETDEWEB)

NONE

2007-01-15

Facing the problem of the climatic change and the increase of the fossil energies prices, the government policy of the cogeneration development follows many objectives. Among these objectives it is necessary of implement a new tariff of obligation to buy of the electricity from cogeneration and allow the existing installations to reaffirm their obligation to buy contract. The first part of this report defines the necessary conditions to better use the ecological and economical interest of the natural gas cogeneration and shows that these conditions are not favorable in France. The second part preconizes to modify the actual tariff device in order to maintain the existing park to 2015 in acceptable economical and ecological conditions. (A.L.B.)

SDC Supplier Obligation project : household energy from 2011 : final report

OpenAIRE

Sustainable Development Commission

2008-01-01

This report is based on 'SDC Supplier Obligation engagement project : process plan'. Evaluation of the engagement process used in this report can be found in 'SDC Supplier Obligation project : an evaluation of the Sustainable Development Commission's stakeholder and public engagement process'. This report presents the findings of the Sustainable Development Commission’s stakeholder and public engagement process and informs the development of Department for Environment, Food and Rural Af...

Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions.

Science.gov (United States)

Dahlin, Moa Kindström; Leviner, Pernilla; Kaldal, Anna; Gumpert, Clara Hellner

2010-01-01

This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need. Copyright © 2010 Elsevier Ltd. All rights reserved.

The 'special obligations' of the modern Hippocratic Oath for 21st century medicine.

Science.gov (United States)

Holmboe, Eric; Bernabeo, Elizabeth

2014-01-01

Profound advances and discoveries in medicine have markedly improved the lives of many over the 50 years since the modern Hippocratic Oath was written. Regrettably, these advances were and continue to be implemented suboptimally and inequitably across the globe. 'Special obligations to all my fellow humans' is an important theme of the modern Oath. From this perspective, we reflect on the special obligations of the medical profession, and examine how these obligations have changed over the past 50 years. We draw from perspectives of the social contract, professionalism, quality improvement, patient safety and a group of 31 international colleagues involved in medical education as we examine these obligations for individual doctors, health care institutions and medical education systems. The perspectives of the 31 clinician-educators helped us to situate the meaning of the theme of 'special obligations' in the context of challenges facing medical education and health care in the 21st century. Improving the quality of care and patient safety, and reducing health care disparities are now paramount as 'special obligations' for doctors, health care systems and medical education organisations, and require us to work collectively and collaboratively in an increasingly interconnected world. In our view, traditions such as the Hippocratic Oath will be worthy of public support only when the medical profession demonstrates in meaningful and transparent ways that it is meeting its social and civic obligations to make the world, not just health care, a better place. © 2013 John Wiley & Sons Ltd.

47 CFR 76.56 - Signal carriage obligations.

Science.gov (United States)

2010-10-01

... qualified local NCE station affiliated with a State public television network shall not be required to carry... stations in fulfillment of these must-carry obligations may do so, subject to approval by the franchising...

Ethical and legal duty of anesthesiologists regarding Jehovah's Witness patient: care protocol.

Science.gov (United States)

Takaschima, Augusto Key Karazawa; Sakae, Thiago Mamôru; Takaschima, Alexandre Karazawa; Takaschima, Renata Dos Santos Teodoro; Lima, Breno José Santiago Bezerra de; Benedetti, Roberto Henrique

Jehovah's Witnesses patients refuse blood transfusions for religious reasons. Anesthesiologists must master specific legal knowledge to provide care to these patients. Understanding how the Law and the Federal Council of Medicine treat this issue is critical to know how to act in this context. The aim of this paper was to establish a treatment protocol for the Jehovah's Witness patient with emphasis on ethical and legal duty of the anesthesiologist. The article analyzes the Constitution, Criminal Code, resolutions of the Federal Council of Medicine, opinions, and jurisprudence to understand the limits of the conflict between the autonomy of will of Jehovah's Witnesses to refuse transfusion and the physician's duty to provide the transfusion. Based on this evidence, a care protocol is suggested. The Federal Council of Medicine resolution 1021/1980, the penal code Article 135, which classifies denial of care as a crime and the Supreme Court decision on the HC 268,459/SP process imposes on the physician the obligation of blood transfusion when life is threatened. The patient's or guardian's consent is not necessary, as the autonomy of will manifestation of the Jehovah's Witness patient refusing blood transfusion for himself and relatives, even in emergencies, is no not forbidden. Copyright © 2016 Sociedade Brasileira de Anestesiologia. Published by Elsevier Editora Ltda. All rights reserved.

Legal status and the legal treatment of environmental refugees; Rechtsstellung und rechtliche Behandlung von Umweltfluechtlingen

Energy Technology Data Exchange (ETDEWEB)

Ammer, Margit; Nowak, Manfred [Ludwig Boltzmann Institut fuer Menschenrechte, Wien (Austria); Stadlmayr, Lisa; Hafner, Gerhard [Wien Univ. (Austria). Abt. Voelkerrecht und Internationale Beziehungen

2010-11-15

After the development of a working definition of ''environmental refugees'', the study examines existing State obligations in international law (obligations of the State of origin and of third States under human rights law and general public international law), which are relevant for the prevention of ''environmental flight'' as well as for coping with situations of ''environmental flight'' and identifies shortcomings. In a second step and based on this inventory and gap analysis, a catalogue of ''ideal'' State obligations and individual rights aiming at the best possible protection for (potential) ''environmental refugees'' is created. After comparing the advantages and disadvantages of different solution models, a specific, ''ideal'' solution is presented. (orig.)

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....

Interrelation of the concepts «legal influence» and «administrative-legal influence»

OpenAIRE

Голуб, Віктор Олександрович

2014-01-01

The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

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

OpenAIRE

Caroline Lydia Hart

2012-01-01

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

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

Directory of Open Access Journals (Sweden)

Mariano Croce

2015-03-01

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

Legal and Practical Aspects of Child Custody, Visitation and ...

African Journals Online (AJOL)

Although divorce disrupts the marital bond thereby terminating marital rights and obligations, each parent's obligations to the wellbeing and upbringing of children (custody, visitation rights, and maintenance) persists. This article examines the practice of courts with regard to child custody, visitation rights and obligation to ...

29 CFR 500.60 - Farm labor contractors' recruitment, contractual and general obligations.

Science.gov (United States)

2010-07-01

... labor contractors' recruitment, contractual and general obligations. The Act imposes certain specific recruitment, contractual and general obligations on farm labor contractors and farm labor contractor employees... 29 Labor 3 2010-07-01 2010-07-01 false Farm labor contractors' recruitment, contractual and...

Implementing the legal criteria for meaningful consent in the concept of mobile advertising

DEFF Research Database (Denmark)

Cleff, Evelyne Beatrix

2007-01-01

Advancements of the wired Internet and mobile telecommunication networks offer companies new advertising opportunities but this development creates a need to consider acceptance and usability issues in order to ensure permission-based advertising. According to the law of the European Union (EU......), only permission-based mobile advertising is allowed. In order to obtain consent from the mobile user, the advertiser is obliged to make an effective disclosure. However, these rules are not specific to this new context. It will be a great challenge for advertisers to translate the requirements...... into actual business practices in order to obtain meaningful consent from the mobile user. This article focuses on the evaluation of legal problems related to these issues in order to find adequate technical solutions concerning m-advertising. It is assumed that a technological design, which is in line...

Global Redistributive Obligations in the Face of Severe Poverty

DEFF Research Database (Denmark)

Axelsen, David Vestergaard

? In the debate on global justice, a number of theorists argue that this discrepancy can indeed be justified (so-called anti-cosmopolitans). Thus, to bring us closer to answer regarding our redistributive obligations towards foreigners, I analyze and evaluate such arguments. My critical examination reveals...... comprehensive obligations to foreigners and compatriots simultaneously. Thus, even if we are duty-bound to redistribute comprehensively to compatriots, this does not entail that we could not also do so towards non-compatriots. Hence, their arguments are incomplete. Thirdly, I show that anti...

The landing obligation in view of different management regimes

DEFF Research Database (Denmark)

Frost, Hans Staby; Hoff, Ayoe

2017-01-01

The European Union adopted a landing obligation in 2015 implying that all catches of fish subject to quota management must be landed. We compare and contrast the economic consequences for fisheries of the landing obligation in view of the management system on which it is super-imposed. Four types...... the strongest influence on both industry profitability and catch of unwanted species in the case of management with shared non-transferable quotas. In addition, the move from management with shared quotas to individual transferable quotas (ITQ) increases industry profitability and reduces unwanted catches...

Ethics in the Relationship Between Science and Society

Science.gov (United States)

Wigner, Eugene P.

1972-01-01

Expresses views on relationships which should exist between scientists and society. A scientist has special obligations to inform the public of new knowledge correctly, but this does not give him any special rights over others in society. (PS)

RECENT DEVELOPMENTS IN THE PROVISION OF PRO BONO LEGAL SERVICES BY ATTORNEYS IN SOUTH AFRICA

Directory of Open Access Journals (Sweden)

Dave Holness

2013-04-01

Full Text Available SUMMARYThis paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.

A RESERVA LEGAL DO PARANÁ E OS DESAFIOS À SUA IMPLANTAÇÃO: UM ESTUDO SOBRE OS PRODUTORES RURAIS NO MUNICÍPIO DE PARANACITY - PR

Directory of Open Access Journals (Sweden)

Alba Regina Azevedo Arana

2009-12-01

Full Text Available This work aims to discuss the Legal Reserve (RL in the state of Parana, presenting the points that hamper its implementation, especially among the rural producers in the municipality of Paranacity. The law requires the producer to revive rural and / or preserve 20% of its properties as Forest Reserve Legal. This obligation, in general, is not well seen by owners for the fact that, apparently, makes an unproductive significant portion of their areas. The study sought to show the various arguments pro and against the deployment of RL on 20% of rural property. The methodology used primarily in an applied research with the farmers of the township. Through the search field, it was found that farmers are aware of the importance of implementation of the RL, however, fear the immediate impact on production system.

The development of nuclear law-making or the art of legal 'evasion'

International Nuclear Information System (INIS)

Boustany, K.

1998-01-01

The intention of this paper is to elucidate nuclear law by analysing the scope of the instruments underlying it through the prism of normative pluralism and the function of law as well as from the perspective of the relationship between international and domestic law. Its purpose is to examine the steps taken by governments and competent governmental agencies to fulfill their obligations as regards both their own citizens and their inter-State relations. (K.A.)

Breaking up is hard to do: Women's experience of dissolving their same-sex relationship.

Science.gov (United States)

Balsam, Kimberly F; Rostosky, Sharon S; Riggle, Ellen D B

2017-01-02

While prior research has compared same-sex to heterosexual relationships, very little attention has been paid to the unique experiences of women dissolving same-sex relationships, especially in the context of shifting legal and social policies. The current study examined the experience of 20 women who dissolved their same-sex relationship between 2002 and 2014. Participants were drawn from a longitudinal sample of same-sex and heterosexual couples and were interviewed using a semi-structured protocol. Interviews focused on three primary research questions: reasons for dissolution, emotional reactions, and role of legal status. While reasons for dissolution largely mirrored literature on women in heterosexual relationships, emotional reactions and the role of legal status were both influenced by sexual minority-specific factors related to minority stress and the recent societal changes pertaining to legal relationship recognition. Results are interpreted in a framework of minority stress and the ongoing legacy of institutional discrimination experienced by women in same-sex relationships.

The impact of the legalization of recreational marijuana on college students.

Science.gov (United States)

Jones, Jacob; Nicole Jones, K; Peil, Jenny

2018-02-01

In January of 2014 the Regulate Marijuana like Alcohol Act or, Amendment 64, went into effect in Colorado. Even though it was the first state to enact recreational legalization, attitudes towards marijuana use have been changing for decades. Prompted by medical marijuana legalization, studies have found mixed results in regards to the impact that legalization has on frequency of use and abuse. With college students having the highest rates of use in the United States (U.S.), whether legal or not, it was important to explore the impact that legalization has on this population. In the current study, rates of marijuana and alcohol use in college students before and after recreational legalization were explored. Data was collected in four waves from October 2013 to March 2015, to be able to determine the trends in marijuana and alcohol use, and relationship between the substances. In addition, grade point average was measured as a possible consequence of marijuana use. We found the frequency of marijuana use in Colorado college students is much higher than the national average t(94445)=24.424, pmarijuana non-users and the once a week or more often but not daily marijuana users in grade point average, F(6, 227)=2.935, pmarijuana use in general is decreasing since the passing of Amendment 64, but not among the binge drinkers. Copyright © 2017 Elsevier Ltd. All rights reserved.

The socio-legal acceptance of new technologies: a close look at artificial insemination.

Science.gov (United States)

Bernstein, Gaia

2002-10-01

Heated debates often surround the introduction of an important new technology into society, as exemplified by current controversies surrounding human cloning and privacy protection on the Internet. Underlying these controversies are disruptions to central socio-legal values caused by these new technologies. Whether new technologies will eventually be accepted by society is often contingent on the reaction of the legal system. This mandates the formulation of a conceptual framework for understanding and structuring the way the law should react in cases surrounding the adoption of new technologies. By using the case study of artificial insemination this Article develops the tools for structuring the legal role in the acceptance process of new technologies. The three-century controversy surrounding the innovation of artificial insemination results from the innovations' disruption of the socio-legal value of the family. Artificial Insemination--although invented in the eighteenth-century--was rarely used until the 1930s, and only legalized in the 1960s. Its application to surrogacy and its use by unmarried women extends the controversy into the twenty-first century. The case study demonstrates the nature of the relationship among the technological, social and legal acceptance processes of new technologies, and analyzes the legal acceptance debate. The conceptual framework produced is useful in understanding and structuring the legal role in current debates surrounding the introduction and acceptance of new technologies.

45 CFR 660.11 - What are the Director's obligations in interstate situations?

Science.gov (United States)

2010-10-01

... 45 Public Welfare 3 2010-10-01 2010-10-01 false What are the Director's obligations in interstate... SCIENCE FOUNDATION INTERGOVERNMENTAL REVIEW OF THE NATIONAL SCIENCE FOUNDATION PROGRAMS AND ACTIVITIES § 660.11 What are the Director's obligations in interstate situations? (a) The Director is responsible...

A Legal and Ethical Analysis of the Effects of Triggering Conditions on Surrogate Decision-Making in End-of-Life Care in the US.

Science.gov (United States)

Clint Parker, J; Goldberg, Daniel S

2016-03-01

The central claim of this paper is that American states' use of so-called "triggering conditions" to regulate surrogate decision-making authority in end-of-life care leaves unresolved a number of important ethical and legal considerations regarding the scope of that authority. The paper frames the issue with a case set in a jurisdiction in which surrogate authority to withdraw life-sustaining treatment is triggered by two specific clinical conditions. The case presents a quandary insofar as the clinical facts do not satisfy the triggering conditions, and yet both the appropriate surrogates and the care team agree that withdrawal of life-sustaining treatment is in the best interest of the patient. The paper surveys applicable law across the 50 states and weighs the arguments for and against the inclusion of such triggering conditions in relevant legal regimes. The paper concludes by assessing the various legal and policy options states have for regulating surrogate decision-making authority in light of the moral considerations (including epistemic difficulties), and notes the possibility for conflict within ethics teams arising from the potential tension between prudence, risk-aversion, and moral obligation.

A cross-cultural study of noblesse oblige in economic decision-making.

Science.gov (United States)

Fiddick, Laurence; Cummins, Denise Dellarosa; Janicki, Maria; Lee, Sean; Erlich, Nicole

2013-09-01

A cornerstone of economic theory is that rational agents are self-interested, yet a decade of research in experimental economics has shown that economic decisions are frequently driven by concerns for fairness, equity, and reciprocity. One aspect of other-regarding behavior that has garnered attention is noblesse oblige, a social norm that obligates those of higher status to be generous in their dealings with those of lower status. The results of a cross-cultural study are reported in which marked noblesse oblige was observed on a reciprocal-contract decision-making task. Participants from seven countries that vary along hierarchical and individualist/collectivist social dimensions were more tolerant of non-reciprocation when they adopted a high-ranking perspective compared with a low-ranking perspective.

Medico legal issues.

Science.gov (United States)

Mackenzie, Geraldine; Carter, Hugh

2010-01-01

This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

THE SELLER'S OBLIGATION TO DELIVER THE GOODS ACCORDING TO CISG

Directory of Open Access Journals (Sweden)

Dan VELICU

2017-05-01

Full Text Available This article aims to analyze the seller's obligations under the Convention on International Sale of Goods (CISG and in particular the obligation to deliver the goods showing the main issues that arise in an international sale. We also wish to point the major innovations or improvements brought by the CISG in comparison to the European civil codes regulation and to conclude if the CSIG managed to revolutionize the tradition view on this issue.

Energy supplier obligations and white certificate schemes: Comparative analysis of experiences in the European Union

Energy Technology Data Exchange (ETDEWEB)

Bertoldi, Paolo, E-mail: paolo.bertoldi@ec.europa.e [European Commission, Joint Research Centre, Institute for Energy, Via E. Fermi 1, TP 450, 21027 Ispra (Vatican City State, Holy See) (Italy); Rezessy, Silvia, E-mail: silvia.rezessy@ec.europa.e [European Commission, Joint Research Centre, Institute for Energy, Via E. Fermi 1, TP 450, 21027 Ispra (Vatican City State, Holy See) (Italy); Lees, Eoin, E-mail: eoin@eoinleesenergy.co [Eoin Lees Energy, 4 Silver Lane, West Challow, Wantage, Oxon OX12 9TX (United Kingdom); Baudry, Paul, E-mail: paul.baudry@edf.f [EDF R and D, Centre des Renardieres, 77818 Moret sur Loing (France); Jeandel, Alexandre, E-mail: alexandre.jeandel@gdfsuez.co [GDF SUEZ, 16, rue Ville L' Eveque, 75008 Paris (France); Labanca, Nicola, E-mail: nicola.labanca@polimi.i [eERG, Politecnico di Milano, Via Lambruschini n. 4, 20156 Milano (Italy)

2010-03-15

A number of Member States of the European Union (EU) have introduced market-based policy portfolios based on quantified energy savings obligations on energy distributors or suppliers, possibly coupled with certification of project-based energy savings (via white certificates), and the option to trade the certificates or obligations. The paper provides an up-to-date review and analysis of results to date of white certificate schemes in the EU. In the EU supplier obligations and white certificate schemes have delivered larger savings than originally expected with obliged companies exceeding targets and, in some cases, at cost below what policy makers have anticipated. Supplier obligations foster the uptake of standardised energy efficiency actions often targeting smaller energy users (residential sector), lowering the transaction costs and contributing to market transformation. The role of certificate trading is more ambiguous. Trading can bring benefits where the target is set sufficiently high with respect to the energy-saving potential in the sectors covered. Theoretically trading may be better suited for broader systems with comprehensive coverage, but even in smaller schemes trading may reduce the transaction costs of compliance for obliged actors without sufficient expertise on end-use energy efficiency. Yet, trading increases the administrative cost ratio of energy-saving obligations.

Energy supplier obligations and white certificate schemes: Comparative analysis of experiences in the European Union

International Nuclear Information System (INIS)

Bertoldi, Paolo; Rezessy, Silvia; Lees, Eoin; Baudry, Paul; Jeandel, Alexandre; Labanca, Nicola

2010-01-01

A number of Member States of the European Union (EU) have introduced market-based policy portfolios based on quantified energy savings obligations on energy distributors or suppliers, possibly coupled with certification of project-based energy savings (via white certificates), and the option to trade the certificates or obligations. The paper provides an up-to-date review and analysis of results to date of white certificate schemes in the EU. In the EU supplier obligations and white certificate schemes have delivered larger savings than originally expected with obliged companies exceeding targets and, in some cases, at cost below what policy makers have anticipated. Supplier obligations foster the uptake of standardised energy efficiency actions often targeting smaller energy users (residential sector), lowering the transaction costs and contributing to market transformation. The role of certificate trading is more ambiguous. Trading can bring benefits where the target is set sufficiently high with respect to the energy-saving potential in the sectors covered. Theoretically trading may be better suited for broader systems with comprehensive coverage, but even in smaller schemes trading may reduce the transaction costs of compliance for obliged actors without sufficient expertise on end-use energy efficiency. Yet, trading increases the administrative cost ratio of energy-saving obligations.

Scrutinizing Immutability: Research on Sexual Orientation and U.S. Legal Advocacy for Sexual Minorities.

Science.gov (United States)

Diamond, Lisa M; Rosky, Clifford J

2016-01-01

We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual orientation are unnecessary, in light of U.S. legal decisions in which courts have used grounds other than immutability to protect the rights of sexual minorities. Third, arguments about the immutability of sexual orientation are unjust, because they imply that same-sex attractions are inferior to other-sex attractions, and because they privilege sexual minorities who experience their sexuality as fixed over those who experience their sexuality as fluid. We conclude that the legal rights of individuals with same-sex attractions and relationships should not be framed as if they depend on a certain pattern of scientific findings regarding sexual orientation.

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

Science.gov (United States)

Klickermann, Felix

2016-01-01

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

Report on the installations of cogeneration under obligation to buy; Rapport sur les installations de cogeneration sous obligation d'achat

Energy Technology Data Exchange (ETDEWEB)

NONE

2007-01-15

Facing the problem of the climatic change and the increase of the fossil energies prices, the government policy of the cogeneration development follows many objectives. Among these objectives it is necessary of implement a new tariff of obligation to buy of the electricity from cogeneration and allow the existing installations to reaffirm their obligation to buy contract. The first part of this report defines the necessary conditions to better use the ecological and economical interest of the natural gas cogeneration and shows that these conditions are not favorable in France. The second part preconizes to modify the actual tariff device in order to maintain the existing park to 2015 in acceptable economical and ecological conditions. (A.L.B.)

Support Seeking or Familial Obligation: An Investigation of Motives for Disclosing Genetic Test Results.

Science.gov (United States)

Greenberg, Marisa; Smith, Rachel A

2016-01-01

Genetic test results reveal not only personal information about a person's likelihood of certain medical conditions but also information about the person's genetic relatives. Given the familial nature of genetic information, one's obligation to protect family members may be a motive for disclosing genetic test results, but this claim has not been methodically tested. Existing models of disclosure decision making presume self-interested motives, such as seeking social support, instead of other-interested motives, like familial obligation. This study investigated young adults' (N = 173) motives to share a genetic-based health condition, alpha-1 antitrypsin deficiency, after reading a hypothetical vignette. Results show that social support and familial obligation were both reported as motives for disclosure. In fact, some participants reported familial obligation as their primary motivator for disclosure. Finally, stronger familial obligation predicted increased likelihood of disclosing hypothetical genetic test results. Implications of these results were discussed in reference to theories of disclosure decision-making models and the practice of genetic disclosures.