WorldWideScience

Sample records for legally-trained diplomats government

  1. Ambivalence in International Dialogue: Implications for Diplomatic Training

    Directory of Open Access Journals (Sweden)

    Shamsiyya Mustafayeva

    2016-04-01

    Full Text Available Diplomats are civil servants who represent their governments abroad. By the nature of their work, diplomats work in multicultural environments. Working in intercultural settings can involve grey areas, paradoxes, and a wide range of emotions. This article analyzes how diplomats construct their professional identity, how they approach intercultural diversity and how they manage ambivalence. Qualitative interviews with senior diplomats as well as a review of literature from multiple disciplines indicate that it is vital for diplomats to be highly skilled in self-management; in building and maintaining relationships; and in operating in intercultural environments. We argue that it is essential to include these emotional, social, and cultural competences in diplomatic training so that diplomats may become effective bridge-builders. This will be particularly relevant for a diplomat whose country is currently involved in a conflict with another country, as well as for diplomats who work in the context of a political conflict. 

  2. Diplomatic agency

    DEFF Research Database (Denmark)

    Adler-Nissen, Rebecca

    2016-01-01

    diplomatic agency has been conceptualized in International Relations theory (English School, game theory, Foreign Policy Analysis, constructivism, practice theory, post-positivism) before presenting and exemplifying major and overlapping types of diplomatic agency, including communication, negotiation......Diplomatic agency is intriguing. On the one hand, diplomats are crucial to the management of day-to-day international relations and the negotiation of war and peace. On the other hand, most diplomatic action is highly constrained or invisible. This chapter provides an overview of the ways in which...... and advocacy. It analyzes how professionalization, legalization, personalization and popularization of diplomacy have shaped diplomatic agency including how international law, bureaucracy, public diplomacy and new information technologies have impacted the scope and content of diplomatic agency. Finally...

  3. The EU in Geneva: The Diplomatic Representation of a System of Governance

    Directory of Open Access Journals (Sweden)

    Caterina Carta

    2013-07-01

    Full Text Available The European Union (EU diplomatic system can be conceived as representative of a system of governance, and, through this, of its constitutive independent units. The way in which the EU's political system is represented through diplomatic practices is telling of two interrelated aspects of the EU's international actorness. First, it reveals the link between the foreign policy of a non-state actor and sheds light on the division of competences that characterises the EU's foreign policy-making system. Second, it highlights the complex institutional and organisational features of a non-state diplomatic system. This article locates the puzzle of EU diplomatic activity in the general debate about changes in the institution of diplomacy. Secondly, it explains how post-Lisbon institutional arrangements have been translated into practice in two multilateral delegations: the delegation to the UN and the mission to the WTO in Geneva. It finally draws some preliminary conclusions. The article concludes that beyond competition over the attribution of competences in the EU’s diplomatic governance, different ideas coexist about what ‘locating the EU in the international scene’ means. Pursuing a ‘single voice’ by unifying forms of external representation is not necessarily perceived as the most convenient strategy envisaged by all EU actors. While institutional actors tend to believe that coherence and strength may descend from a more unified system of representation, the member states tend to believe that, in certain circumstances, differentiation could increase the EU’s strength.

  4. Diplomatic Protection

    OpenAIRE

    Režná, Jana

    2006-01-01

    Final thesis Topic: Diplomatic protection Thesis supervisor: JUDr. Vladimír Balaš, CSc. Student: Marek Čermák Thesis on the topic of diplomatic protection deals with the granting of exercise of diplomatic protection by the states and is divided into seven chapters which follow each other. The first chapter describes the diplomatic protection and its historical foundations. The second chapter focuses on the possibility of exercise of diplomatic protection in respect of natural persons and the ...

  5. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

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

  6. The Interplay Between International Law And Labour Law In South Africa: Piercing The Diplomatic Immunity Veil

    Directory of Open Access Journals (Sweden)

    Ezette Gericke

    2014-12-01

    Full Text Available This article investigates the interplay between labour law and international law in the context of the diplomatic employment relationship. The overriding effect of the Constitution of the Republic of South Africa, 1996 as supreme law to protect the labour rights of employees is weighed against the effect of various binding international legal instruments aimed at protecting diplomats' right to immunity. In view of the competing rights of employees and diplomatic employers, the question in this regard is to what extent employees in a diplomatic employment relationship can rely on their right to "fair labour practices" in the broad sense and the overall protection afforded to employees whose rights are infringed. In view of the perception that diplomatic employers can hide behind a veil of diplomatic immunity and in the absence of judgments by the Commission for Conciliation, Mediation and Arbitration (CCMA and the Labour Court, answers and guidelines were sought from various international courts and legal instruments. However, it is pointed out that the application of labour law and international law to protect the interests of individuals against a state is an exceptionally sensitive and controversial issue. It is suggested that the international relationship between two states be used as a holistic framework, but it is cautioned that international law limits the diplomat employer's liability both in terms of the Bill of Rights and South African labour laws. The author shows that protection is afforded to diplomats/consular agents by international law. Moreover, the Diplomatic Immunities and Privileges Act (DIPA of 2001 is discussed. It is submitted that employees are not prevented from taking legal action against a diplomat/consular employer in South Africa in terms of the Labour Relations Act (LRA or the DIPA. The author suggests that diplomatic employees and employers should be made aware of their rights and obligations in this regard. In

  7. Legal provisions governing the acknowledgment of test results

    International Nuclear Information System (INIS)

    Strecker, A.

    1982-01-01

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

  8. Young Diplomats' Socialization to the Networked Professional Cultures of Their Workplace Communities

    Science.gov (United States)

    Hytönen, Kaisa; Hakkarainen, Kai; Palonen, Tuire

    2011-01-01

    The purpose of the present investigation was to examine young diplomats' socialization to the professional expert culture of the Ministry for Foreign Affairs of Finland over a six-month on-job training period, as part of their preparation for service in the diplomatic corps. Using social network analysis, we analyzed departments' internal social…

  9. Legal and institutional foundations of adaptive environmental governance

    Directory of Open Access Journals (Sweden)

    Daniel A. DeCaro

    2017-03-01

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

  10. Legal and Institutional Foundations of Adaptive Environmental Governance

    Science.gov (United States)

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

  11. 19 CFR 148.83 - Diplomatic and consular bags.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 2 2010-04-01 2010-04-01 false Diplomatic and consular bags. 148.83 Section 148... bags. (a) Diplomatic bags. The contents of diplomatic bags are restricted to diplomatic documents and articles intended exclusively for official use and packages constituting the diplomatic bag must bear...

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

    African Journals Online (AJOL)

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

  13. USSR in Reports of Italian Diplomats (1924-1941

    Directory of Open Access Journals (Sweden)

    Olga V. Dubrovina

    2016-01-01

    Full Text Available In this article the reports of Italian diplomatic officials who worked in the USSR between the two World Wars will be analyzed. On the basis of the unpublished sources, an attempt to explain Mussolini's decision to enter the war against the USSR in 1941 will be carried out. As a historical source, the diplomatic reports present, on one hand, rich material about different aspects of soviet life as seen by foreigners and presented by them with thorough details. On the other hand, the subjective character of the diplomatic information foresees a critical approach towards the judgements and opinions of Italian diplomats. However, despite the limitation of their sources from where the Italian diplomats obtained the information, we have to underline the importance of the diplomatic reports and to consider the diplomatic channel as one of the multiple factors in the determining process of the international fascist policy. The attention is focused on two aspects of soviet reality: public sentiment and the national mentality of Russian people. The goal of the article is to examine the mechanism that led to the diplomats' conclusions about the soviet power instability and about its imminent collapse in the case of foreign invasion.

  14. Governance of Arctic Offshore Oil & Gas Activities: Multilevel Governance & Legal Pluralism at Stake

    DEFF Research Database (Denmark)

    Pelaudeix, Cecile

    2015-01-01

    This article analyses the governance process of offshore oil and gas activities in the Arctic with the concept of multilevelgovernance and legal pluralism to address both issues of management of the environment and public participation. The analysis goes beyond the single issue of fragmentation p...... and from regional government, indigenous shareholders and corporation perspectives, could be helpful in providing relevant actors with arguments to weigh the decision on seismic and drilling activities in relation to risk acceptance.......This article analyses the governance process of offshore oil and gas activities in the Arctic with the concept of multilevelgovernance and legal pluralism to address both issues of management of the environment and public participation. The analysis goes beyond the single issue of fragmentation...... pertaining to the international and supranational levels, to encompass national and regional levels and evaluate how the interactions between those levels structure the policy process and impact the efficiency of environmental management and public participation. Four paths of reflection arise from...

  15. Ethical and legal challenges in bioenergy governance

    DEFF Research Database (Denmark)

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

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Aznan, H.

    2015-12-01

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

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

    OpenAIRE

    Aznan, H.; Harith Amir Hasan Al Timimi

    2015-01-01

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

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

    NARCIS (Netherlands)

    Conti, K.I.; Gupta, J.

    2014-01-01

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

  19. [Use of personal computers by diplomats of anesthesiology in Japan].

    Science.gov (United States)

    Yamamoto, K; Ohmura, S; Tsubokawa, T; Kita, M; Kushida, Y; Kobayashi, T

    1999-04-01

    Use of personal computers by diplomats of the Japanese Board of Anesthesiology working in Japanese university hospitals was investigated. Unsigned questionnaires were returned from 232 diplomats of 18 anesthesia departments. The age of responders ranged from twenties to sixties. Personal computer systems are used by 223 diplomats (96.1%), while nine (3.9%) do not use them. The computer systems used are: Apple Macintosh 77%, IBM compatible PC 21% and UNIX 2%. Although 197 diplomats have e-mail addresses, only 162 of them actually send and receive e-mails. Diplomats in fifties use e-mail most actively and those in sixties come second.

  20. Journal of History and Diplomatic Studies: Journal Sponsorship

    African Journals Online (AJOL)

    Journal of History and Diplomatic Studies: Journal Sponsorship. Journal Home > About the Journal > Journal of History and Diplomatic Studies: Journal Sponsorship. Log in or Register to get access to full text downloads.

  1. The legal duty of local government to facilitate development

    Directory of Open Access Journals (Sweden)

    Theo Scheepers

    1999-03-01

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

  2. THE EUROPEAN UNION’S EXTERNAL AFFAIRS POLICY – THE HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY – A FAVORABLE FRAMEWORK FOR CREATING A SINGLE VOICE FOR THE EUROPEAN DIPLOMATIC SYSTEM OR JUST A NEW BUREAUCRATIC STRUCTURE?

    Directory of Open Access Journals (Sweden)

    Alexandru Bogdan CALANCE

    2015-12-01

    Full Text Available Starting with the Lisbon Treaty, which establishes the new European diplomatic landscape structure, this paper analyses the difference between the objectives expressed in the treaties governing the European Union's foreign policy, and the diplomatic European and international reality. The main objective of this paper is to reveal the extent in which the European Union runs a coherent and unified foreign policy, especially highlighting the problems faced by these institutions in the current international environment, after five years since the creation of the High Representative of the Union for Foreign Affairs and Security Policy, as well as the European External Action Service The results of this paper show that, although from a legal standpoint it was attempted to clearly outline how the Union's external policies should work, on a practical level, this area still faces difficulties in performing at its full capacity.

  3. Between boats and telegrams: the crisis of diplomatic asylum after the end of the Brazilian Naval Revolt (1894

    Directory of Open Access Journals (Sweden)

    João Júlio Gomes dos Santos Júnior

    2014-07-01

    Full Text Available The Brazilian Naval Revolt ended on March 13th of 1894 with the diplomatic asylum of more than five hundred fighters in two Portuguese warships. This episode originated a contest between Brazil and Portugal based on different interpretations of the international law of that time. While the negotiation was happening both corvettes went away from Rio de Janeiro to Buenos Aires, where a new boat would be rented to take the asylees until Portuguese territory. The Portuguese commanders, following political instructions, have denied to the refugees the right to disembark to complete the quarantine time at Martin Garcia’s lazaretto. The discontent with the overcrowding, the fear of some epidemic on board, plus the Portuguese government's discordance to allow the disembark, were the main reasons to refugee's flee and a diplomatic contest between Portugal and Argentina. Later on, both Portuguese corvettes went to Montevideo where a similar process ended with a large escape of asylees. The Brazilian government, extremely disturbed with the escapes, decided to break the international relations with Portugal. All the process was followed by the intense telegram's exchange between diplomats, warships commanders and foreign ministers.

  4. Theorising the EU's diplomatic service

    DEFF Research Database (Denmark)

    Adler-Nissen, Rebecca

    2015-01-01

    , examining specifically two main approaches to the EEAS: the rationalist approach (including intergovernmentalism, rational choice institutionalism and rationalist organisation theory) and the constructivist approach (including sociological institutionalism and sociological organisation theory). The chapter...... then demonstrates how these approaches paint contrasting portraits of the EEAS: as a rational political player seeking autonomy from its principals (the member states) or as a social body or organisational arena with norm-abiding civil servants trying to make sense of the new diplomatic world. These theoretically......-constitutional frameworks, diplomatic theory, network theory, practice theory, anthropology and democratic theory....

  5. Global Ordo-Liberalism, Private Power and the Transfiguration of Diplomatic Law

    Directory of Open Access Journals (Sweden)

    Noe Cornago

    2013-10-01

    Full Text Available Diplomatic law is commonly depicted as a field of law particularly differentiated and stable, and apparently at least not particularly vulnerable to the tensions associated to the restructuring of the global political economy which are so easily observable in other fields of international law. For centuries its formative process was customary. Later, early diplomatic practices, institutions, and norms were tailored to measure the functional and normative needs of a world of nation States. However, it was not until the signing in 1961 of the Vienna Convention on Diplomatic Relations that its basic rules were formally codified. But, as the preamble in this Convention affirms, the rules of customary law continue to govern all questions not expressly regulated by its contents. Custom however is not always the residue of the past that some practitioners and scholars use to imagine. Moreover, its formative processes are also embedded in wider historical transformations of global capitalism. Through the examination of current transformations affecting diplomatic settlement of disputes, diplomatic protection, diplomatic immunity and diplomatic reciprocity, this article contends that diplomatic law is becoming another field of struggle, both particularly unexpected and revealing, in the current transition from embedded liberalism towards a new era of global ordo-liberalism. El derecho diplomático se representa comúnmente como una rama del derecho especialmente diferenciada y estable, y aparentemente al menos no particularmente vulnerable a las tensiones asociadas a la reestructuración de la economía política global, que son tan fácilmente observables en otros ámbitos del derecho internacional. Su proceso formativo era habitual durante siglos. Más tarde , las tempranas prácticas diplomáticas, instituciones y normas se adaptaban para medir las necesidades funcionales y normativas de un mundo de estados naciones. Sin embargo, no fue hasta la firma

  6. Commercial Diplomats as corporate entrepreneurs: an institutional perspective

    NARCIS (Netherlands)

    Visser, R.; Ruel, Hubertus Johannes Maria; Ruel, H.J.M.

    2012-01-01

    This chapter presents a study on the work of commercial diplomats as international business promoters at foreign posts. Research has largely overlooked the actual roles and activities of commercial diplomats in explaining the effectiveness of commercial diplomacy and international business support.

  7. Relationalism or why diplomats find international relations theory strange

    DEFF Research Database (Denmark)

    Adler-Nissen, Rebecca

    2015-01-01

    In this conclusion, which reflects critically on the relational approach to diplomacy and its wider consequences, I argue that diplomats are estranged from IR theory and vice versa - because International Relations scholars generally subscribe to substantialism, whereas diplomats tend to think...... by diplomatic scholars). Relationalism takes as its point of departure the idea that social phenomena making up world politics always develop in relation to other social phenomena. Thus, for example, states are not born into' this world as fully developed states that then "exist"; states are made in continuous...... scholarship and diplomatic knowledge and practice are important for how we understand (and construct) world politics, including war, international cooperation, and responses to human and natural catastrophes....

  8. Break off and Resumption of Diplomatic Relations 1965 - 1972

    OpenAIRE

    Abu Samra, Dalia

    2010-01-01

    Ministry in Bonn and the archive of the Ministry of Economy in Koblenz until 1967/68 gave the author the possibility to evaluated the break off the diplomatic relationship between Germany and Egypt. As a reaction to the signing of the diplomatic relationship between Germany and Israel in May 1965, ten Arab States, including Egypt, broke off their diplomatic relationship with Germany. The dissertation analysis Germany?s foreign policy towards Egypt during the time span 1965 until 1972, w...

  9. “Enlightened Policy” in Eighteenth Century Spain: а Russian Eye-witness - Diplomat Stepan Zinoviev

    Directory of Open Access Journals (Sweden)

    Olga Vilenovna Volosyuk

    2015-12-01

    Full Text Available This article deals with the process of the establishment of Russian-Spanish relations in the 18th century and the role of one of the most distinguished Russian diplomats at the court of Catherine II Stepan Zinoviev who spent amost 20 years in Madrid (1772-1794. The study is based largely on manuscripts (diplomatic and other correspondence from the Archives of External Policy of the Russian Empire in the Ministry of Foreign Affairs of the Russian Federation and fills a gap in the research of Russian foreign policy of the 18th century and the Russian-Spanish relations. Catherine’s foreign interests were focused toward the major states of Northern Europe, but she also tried to strengthen the position of the Russian Empire in Europe, to embed the country in the European 'Balance of Power' by establishing diplomatic relations with all European countries. In this sense, the Iberian Peninsula was not wholly without significance for Russia. The political unions of Russia with the outlying countries, as Spain, depended not only on the international situation in Europe in the second half of the 18th century but on the image of the country that was created by Russians who visited Spain at that time. The position of diplomats was particularly important - they were almost the only ones, except for merchants and sailors, who visited that country and it is on the basis of their reports that Russia's foreign policy in relation to Spain was built in the 18th century. Based on the reports of Zinoviev we can reconstruct the images of such important political figures as the King Charles III, Secretary of State Count of Floridablanca and the other ministers of the Spanish government. The biography of the outstanding Russian diplomat - Stepan Zinoviev is presented in this article for the first time.

  10. In the Service of the King. Concerning Royal Diplomatic Letters in the Crown of Aragon (1336-1458

    Directory of Open Access Journals (Sweden)

    María Luz Mandingorra Llavata

    2017-12-01

    Full Text Available The aim of this paper is to reconstruct the morphological evolution of the royal diplomatic letter in the Crown of Aragon between the reigns of Peter the Ceremonious and Alfonso the Magnanimous. During this period, the form taken by this document was adapted to its contents and those in receipt of it, according to the principles of the Ars dictaminis, without relinquishing its material and textual simplicity in the process. With its adaptation to the communicative requirements of the monarchy, the royal diplomatic letter became an instrument of governance that helped to strengthen royal power and anticipated mechanisms that would be fully developed during the Early Modern Period.

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

    International Nuclear Information System (INIS)

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

    2014-01-01

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

  12. Exploring Language and Diplomatic Thinking through Process Types: A Contrastive Study on Sino-British Diplomatic Thinking Based on the China-UK Joint Declaration

    Directory of Open Access Journals (Sweden)

    Song Chen

    2016-07-01

    Full Text Available The China-UK Joint Declaration on Building a Global Comprehensive Strategic Partnership for the 21st Century is one of the fruits of Chinese President Xi Jinping’s recent official state visit to the Great Britain. As a typical and important diplomatic language document, the Joint Declaration deserves scientific research. In this paper, based on the six process types of Halliday’s Transitivity system, we attempt to disclose the diplomatic thinking underlying the employment of process types and make a contrastive study of the diplomatic thinking of both China and the UK. The research leads to three findings. Firstly, the high frequency of material process clause in both Chinese and English versions reflects the “Action thinking”, a shared diplomatic thinking adopted by the two nations. Secondly, the Chinese version employs more relational process clauses than the English version, which is an indication of the “Relationality thinking” underlying Chinese diplomacy and it is much less emphasized or even absent in British diplomacy. Thirdly, the analysis of the mental process clauses reveals that China has an “Inclusive thinking” in its diplomatic exchange with Britain whereas the UK a “Friendship thinking”.

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

    Directory of Open Access Journals (Sweden)

    Olga Bazhenova

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Bilan Irina

    2011-12-01

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

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

    DEFF Research Database (Denmark)

    Milana, Marcella

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

  16. Rethinking Diplomatic Transformation Through Social Theories of Trust

    DEFF Research Database (Denmark)

    Keating, Vincent Charles

    In the 2012 Martin Wight Memorial Lecture, Nicholas Wheeler explored how trust might be built between political leaders, drawing primarily on how the interpersonal relationship between Reagan and Gorbachev changed the diplomatic relationship between the United States and the Soviet Union. This pa...... and interpersonal level,' this paper suggests that investigations of diplomatic transformation through trustbuilding must include both international and societal components and examines the issues that must be considered to build a larger theory of state trust.......In the 2012 Martin Wight Memorial Lecture, Nicholas Wheeler explored how trust might be built between political leaders, drawing primarily on how the interpersonal relationship between Reagan and Gorbachev changed the diplomatic relationship between the United States and the Soviet Union...

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

    Directory of Open Access Journals (Sweden)

    Herlambang P. Wiratraman

    2013-03-01

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

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

    International Nuclear Information System (INIS)

    Frede, W.

    1994-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Francesca Scamardella

    2016-09-01

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

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

    Directory of Open Access Journals (Sweden)

    S Norfolk

    2013-06-01

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

  1. CONTEMPORARY DIPLOMATIC: REFLECTIONS ON THEIR APPLICABILITY IN THE DIGITAL AGE

    Directory of Open Access Journals (Sweden)

    William Silva

    2018-04-01

    Full Text Available Introduction: Over a long time, the Diplomatic contributed significantly to the identification of the authenticity of the documents, expanding its acting role when he was influenced by other disciplines such as modern archiving, which leveraged its object of study, showing the deep connection between species and its generating activity. Objective: This study aims to conduct reflections on the evolution of the Diplomatic Classical to Contemporary Diplomacy, the relationship between this discipline and Document Classification and its impact on the digital age, the constitution of the authenticity process of digital archival documents. Methodology: The nature of research is classified as basic, how to approach is classified as qualitative, the research objective classified as exploratory, involving literature review regarding the diplomatic in its relationship with the archival and employability in the digital age. Results: After searching, it is understood that the Diplomatic permeates time, on aspects of study of the documentary kind, yet its relationship with modern archiving, as is the study of the universe of the Document Type, identifying with Classification as matrix function of modern archiving, and using the analysis features of authenticity in the digital environment. Conclusion: It is evident that there is an intrinsic relationship between the Diplomatic in his contemporary perspective , with modern archiving , both in understanding the aspects of documentary typology , as an essential tool in the analysis of authenticity in the digital environment.

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

    NARCIS (Netherlands)

    Heldeweg, Michiel A.; Sanders, Maurits

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Haik Nikogosian

    2016-12-01

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

  4. Diplomatic advantages and threats in global health program selection, design, delivery and implementation: development and application of the Kevany Riposte.

    Science.gov (United States)

    Kevany, Sebastian

    2015-05-27

    Global health programs, as supported by organizations such as the Global Fund to Fight AIDS, Tuberculosis and Malaria and the President's Emergency Plan for AIDS Relief (PEPFAR), stand to make significant contributions to international medical outcomes. Traditional systems of monitoring and evaluation, however, fail to capture downstream, indirect, or collateral advantages (and threats) of intervention selection, design, and implementation from broader donor perspectives, including those of the diplomatic and foreign policy communities, which these programs also generate. This paper describes the development a new métier under which assessment systems designed to consider the diplomatic value of global health initiatives are described and applied based on previously-identified "Top Ten" criteria. The "Kevany Riposte" and the "K-Score" were conceptualized based on a retrospective and collective assessment of the author's participation in the design, implementation and delivery of a range of global health interventions related to the HIV/AIDS epidemic. Responses and associated scores reframe intervention worth or value in terms of global health diplomacy criteria such as "adaptability", "interdependence", "training," and "neutrality". Response options ranged from "highly advantageous" to "significant potential threat". Global health initiatives under review were found to generate significant advantages from the diplomatic perspective. These included (1) intervention visibility and associations with donor altruism and prestige, (2) development of international non-health collaborations and partnerships, (3) adaptability and responsiveness of service delivery to local needs, and (4) advancement of broader strategic goals of the international community. Corresponding threats included (1) an absence of formal training of project staff on broader political and international relations roles and responsibilities, (2) challenges to recipient cultural and religious practices

  5. 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.

  6. Shooting the Messenger: Diplomats Crushed by Wave of New Terrorism

    Science.gov (United States)

    2017-04-26

    War ems to determine trends in attacks against diplomatic targets and identifies a dangerous evolution in terrorist tactics that combines suicide...but the number of fatalities increased. Bombings /explosions rettsain the most consmon tactics, but armed assaults increased greatly since the end of...diplomatic targets have decreased, but the number of fatalities increased. Bombings /explosions-remain the most common tactics, but armed assaults

  7. Diplomacy and Diplomatic Protocol

    Directory of Open Access Journals (Sweden)

    Lect. Ph.D Oana Iucu

    2008-12-01

    Full Text Available The present study aims to observe relationships and determining factors between diplomacyand diplomatic protocol as outlined by historical and contextual analyses. The approach is very dynamic,provided that concepts are able to show their richness, antiquity and polyvalence at the level of connotations,semantics, grammatical and social syntax. The fact that this information is up to date determines anattitude of appreciation and a state of positive contamination.

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

    Science.gov (United States)

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

    2014-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Andzhela Muharbievna Shekhmirzova

    2017-10-01

    Full Text Available The article presents the experience of normative and legal training of pedagogical personnel in the sphere of higher and additional professional education. The results of the analysis of the actual state of the system of normative and legal training of teachers are shown. The problems of forming normative-legal competence are analyzed. The relationship between the improvement of the system of normative-legal training of pedagogical cadres and the solution of a number of problems of a methodological nature is determined. At the same time, the problem of conceptual modeling of an effective pedagogical system of normative-legal training of pedagogical cadres is considered as a core, around which others group in a certain subordination. From the system positions it is shown the need to create an effective system of training teachers for the proper use of regulatory and legal acts in pedagogical activity, to solve complex problems, taking into account dynamically updated legislation. Based on the revealed methodological problems of normative-legal training of teachers, the need for a holistic view of the formation of regulatory-legal competence in the context of continuous teacher education. The purpose of research – presentation of a model of continuous regulatory education of teachers in the field of higher and additional professional education on the basis of identified methodological problems. Method or methodology of work: In the article a set of various methods of pedagogical research is presented: theoretical - analysis of scientific and pedagogical literature on the research problem, study and analysis of normative and legal documentation on the topic under consideration, theoretical generalization of research results; empirical - a survey, an analysis of the content of pedagogical documentation and performance, expert evaluation, modeling. Results: The model of continuous normative-legal training of pedagogical personnel in the sphere of

  10. Commercial Diplomats as corporate entrepreneurs: explaining role behavior from an institutional perspective.

    NARCIS (Netherlands)

    Ruel, Hubertus Johannes Maria; Visser, R.

    2012-01-01

    This article presents the results of an empirical study on the roles of commercial diplomats at foreign posts. As commercial diplomacy is just starting to grow in importance in a globalising world, the actual work and activities of commercial diplomats at foreign posts have hardly been researched.

  11. International Relations and Diplomatic Service: Retrospective Analysis and Prospects of The New World Order

    Directory of Open Access Journals (Sweden)

    Evgenii V. Ohotskii

    2016-01-01

    Full Text Available This article presented as a review to the textbook of the Doctor of History Shakhalilov Shamansur, The History of International Relations: Driving Forces, Global Tendencies. Moscow State University Press, 2015. The author focuses readers attention on the regularities of formation, development and peculiarities of legal regulation of international relations, considers these relations as an ongoing, highly controversial and multidirectional developing process of the formation of the world system of States and international relations, explores the driving forces, events and phenomena, who had in his time, and many still have a decisive influence on international policy the leading powers of the world in the framework of nonlinear processes of globalization and the current, seriously flawed by today's standards, world order and system of international law. The article draws readers attention to everything presented in the tutorial main substantial characteristics and patterns of international relations in their historical context. Emphasizes the inadmissibility of violations of principles and norms of functioning of the traditional system of international law; analyses the factors of influence on the world trends of globalization processes is the gradual destruction of the boundaries between national and international levels of government and governance, the increasing role of supranational political actors. Attention is drawn to the increasing importance in international Affairs information and communication technologies and social networks, expanding the access of citizens to discuss government decisions on international issues. Article will help not only students, but all interested in the patterns, principles and features of international practices in different historical periods and in different civilization. Will foster in the reader a holistic view of the system of international relations and diplomatic activities, to learn, to understand the

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

    Directory of Open Access Journals (Sweden)

    Pankaj Kumar GUPTA

    2014-12-01

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

  13. Diplomatic asylum and the Assange case

    NARCIS (Netherlands)

    den Heijer, M.

    2013-01-01

    This article traces the place and development of diplomatic asylum in international law in close connection with the more specific questions raised by the case of Julian Assange, who was granted asylum in the Ecuador embassy in London on 16 August 2012. After discussing the historical rise and

  14. Journal of History and Diplomatic Studies

    African Journals Online (AJOL)

    The Journal of History and Diplomatic Studies journal includes papers that focus specifically on developments in Africa and/or the continent's relations with the outside world. All articles must, however, make fresh and original contribution to knowledge and the journal will consider well-researched articles on any aspects of ...

  15. 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

  16. Assessing Psycho-Social Resilience in Diplomatic, Civilian & Military Personnel Serving in a High-Threat Security Environment during Counter-Insurgency and Counter-Terrorism Operations in Iraq

    Directory of Open Access Journals (Sweden)

    Anne Speckhard

    2012-08-01

    Full Text Available Currently thousands of military, diplomatic and civilian personnel are deployed under NATO, UN, and other multi-national, as well as national auspices in high-threat security environments, including active conflict zones such as Iraq and Afghanistan.  Soldiers are generally well trained and prepared psychologically to face armed conflict. Civilian contractors and diplomats, on the other hand, often are not.  Moreover in today’s high-threat security environments terrorists, insurgents and even child soldiers may be the opposing force, creating a more uncertain and anxiety provoking environment and more difficult to identify security threat. These facts have serious implications for the psycho-social resilience of diplomatic, civilian and military personnel deployed in such environments.  This article investigates psycho-social resilience in a small exploratory sample of US embassy staff, contractors and US forces serving in Iraq during 2007, a time when Improvised Explosive Devices (IEDs, roadside bombings, mortar attacks, kidnappings, murders and sniper fire were an everyday occurrence in Iraq.

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

    Science.gov (United States)

    Henderson, Ana; Fry, Christine R

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Edwin Bakker

    2013-12-01

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

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

    International Nuclear Information System (INIS)

    Gnam, P.A.

    1983-01-01

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

  20. Complexity in Vocational Education and Training Governance

    Science.gov (United States)

    Oliver, Damian

    2010-01-01

    Complexity is a feature common to all vocational education and training (VET) governance arrangements, due to the wide range of students VET systems caters for, and the number of stakeholders involved in both decision making and funding and financing. In this article, Pierre and Peter's framework of governance is used to examine complexity in VET…

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

    Science.gov (United States)

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

    2005-01-01

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

  2. Is The Legal Practice Course Training Future Solicitors to Avoid Professional Negligence?

    OpenAIRE

    Davies, Mark R

    1996-01-01

    In 1993 the Law Society for England and Wales introduced the Legal Practice Course as the final major taught and examined stafe of solicitors' training replacing the previous Law Socity Finals Course. In this article it is argued that many of the occurrences of solicitors negligence result not from a lack of legal knowledge but from poor working practices. The article considers whether the LPC meets the challenge of better preparing future solicitors for a modern and changing practice environ...

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

    OpenAIRE

    Turner, Stephen J.

    2017-01-01

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

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

    Science.gov (United States)

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

    2016-04-01

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

  5. Reinventing Nigeria's Diplomatic Machinery: The Challenge of ...

    African Journals Online (AJOL)

    Journal of History and Diplomatic Studies ... Since this idea was mooted in 2007 by the then Minister of Foreign Affairs, Chief Ojo Maduekwe, there does not seem to be any structure on the ground for its logical pursuit, depicting the Achilles heel of Nigeria's foreign policy-making – lack of continuity and extreme ...

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

    DEFF Research Database (Denmark)

    Farooq, Omar; Derrabi, Mohamed

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Caroline Hart

    2017-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Monica-Florentina POPA

    2014-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Dejo Olowu

    2007-12-01

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

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

    NARCIS (Netherlands)

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

    2006-01-01

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

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

    NARCIS (Netherlands)

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

    2006-01-01

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

  12. PERLINDUNGAN TENAGA KERJA INDONESIA DI QATAR: TINJAUAN PERAN PEMERINTAH DALAM MELINDUNGI TKI DI QATAR

    Directory of Open Access Journals (Sweden)

    Aprilia Restuning Tunggal

    2017-12-01

    Full Text Available The Indonesian government’s policy of protecting Indonesian workers in Qatar is a mandate from the member countries of the Republic of Indonesia; Therefore, the Indonesian government should be able to carry out this mandate well and be responsible. International law states that a country has the right and responsibility to protect its citizens abroad. Furthermore, the regulation on the protection of foreign citizens is also regulated in the 1961 Vienna Convention on article 3 on diplomatic relations between countries. The protection of the state against citizens abroad is known as Diplomatic Protection. Currently, the number of Indonesian workers in Qatar is 43,000, so the government needs to protect, and serve the citizens. The Government of Indonesia has established its citizenship service system at the Embassy of the Republic of Indonesia to Doha Qatar, and provides legal assistance to Indonesian citizens and workers living in Qatar. So far the government’s policy to protect Indonesian workers in Qatar has been running maximally and in accordance with the legal corridor.

  13. Legal aspects of the ocean carriage and receipt of liquefied natural gas. Sea Grant Collage Program

    Energy Technology Data Exchange (ETDEWEB)

    Swan, P.N.

    1977-03-01

    A comprehensive approach is made to various legal aspects of the transport of liquefied natural gas. Following explanations on the specific technology of LNG, consideration is given to the structural and operational safety of LNG carriers; siting of terminals and assessments of environmental risks; the financing of the carriers; the liability and insurance; the regulations; and finally, the political, national security and diplomatic problems are reviewed.

  14. Implementing the OPRC - translating diplomatic concepts into reality

    International Nuclear Information System (INIS)

    Holt, W.F.

    1993-01-01

    The International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 (OPRC) was successfully negotiated at a diplomatic conference in November 1990. While the convention has been ratified by only two countries to date, some of the basic provisions have already been put to the test. The most notable example was the international effort in support of the government of Saudi Arabia during the massive release of oil into the Persian Gulf in 1991. The means of translating the requirements of a new convention into a viable system has always been a challenge for individual governments. The OPRC raises particularly difficult issues in its implementation because it represents the internationalization of preparedness and response to massive oil spills. The difficulty lies in the fact that these issues have traditionally been the purview of individual states or, at most, of regional associations of states with similar economic standing. The International Maritime Organization (IMO) achieves a new status with the OPRC and the convention marks a divergence from some of the traditional activities of the IMO. The challenge before the world community and IMO is to make the OPRC workable. Despite the apparent success of the international effort in the Persian Gulf, the experience revealed many problems. Forging new links between the developing and the developed worlds to combat oil spills can be an exciting opportunity or it can be an utter disaster. Whether or not OPRC is successful depends on the willingness of developed nations, developing nations, and international institutions to make meaningful contributions to the internationalization of oil pollution preparedness and response

  15. Legal Training and the Reshaping of French Elite: Lessons from an Ethnography of Law Classes in Two French Elite Higher Education Institutions

    Science.gov (United States)

    Israël, Liora; Vanneuville, Rachel

    2017-01-01

    The article examines the nature of contemporary legal training in two French elite higher education institutions--one dedicated to prepare for legal careers in the economic field, the other one to train top civil servants--in order to assess the role of legal knowledge in the shaping of French contemporary elites. Based on observations of law…

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

    OpenAIRE

    Turner, Stephen

    2016-01-01

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

  17. Education and Diplomats: A Changing World Demands Our Attention

    Science.gov (United States)

    Höne, Katharina E.

    2018-01-01

    Diplomacy as it is traditionally understood is changing. Diverse, non-state actors in the social sector have become influential participants in setting global goals and priorities. In education, classroom teachers, administrators, academics, and policymakers play an increasingly important diplomatic role in exchanging knowledge, building consensus…

  18. The elixir of incompleteness - Goedel for diplomats

    International Nuclear Information System (INIS)

    Gescher, Valentin

    2007-01-01

    Though Godel did not succeed by his insight in politics, a diplomatic inspiration can be found in his work. The statement that not everything that is true can be proven, along with the impossibility of reaching completeness and consistency at the same time, is not only restricted to mathematics. In the context of diplomacy, the extended meaning of the Godel lesson is a benefit rather than a restriction

  19. The elixir of incompleteness - Goedel for diplomats

    Energy Technology Data Exchange (ETDEWEB)

    Gescher, Valentin [Embassy of the Federal Republic of Germany, Vlasska 19, Postbox 88, 118 01 Prague 1 (Czech Republic)

    2007-11-15

    Though Godel did not succeed by his insight in politics, a diplomatic inspiration can be found in his work. The statement that not everything that is true can be proven, along with the impossibility of reaching completeness and consistency at the same time, is not only restricted to mathematics. In the context of diplomacy, the extended meaning of the Godel lesson is a benefit rather than a restriction.

  20. Network Partnership Diplomatic Mechanism: The New Path in Sino-Russian Cooperation - On the Sino-Russian Joint Dominance of BRICS Governance Mechanism

    Directory of Open Access Journals (Sweden)

    Zhijie Cheng

    2014-01-01

    mechanisms, and providing a new path for Sino-Russian cooperation. The BRICS countries should establish a BRICS governance mechanism which has to be promoted by a leading force. The network partnership diplomatic mechanism could play a leading role in shaping this type of governance mechanism with Sino-Russian cooperation at its core.

  1. RPA Field Simulations:Dilemma Training for Legal and Ethical Decision Making

    Science.gov (United States)

    2015-11-07

    RPA Field Simulations: Dilemma-Training for Legal and Ethical Decision-Making Professor Wilbur Scott Dept of...Sciences & Leadership all take the Capstone Experience Course (CEC)  CEC offers several different kinds of projects, one consists of RPA Field...Simulation  Two phases in RPA Field Simulation – classroom phase and field phase  Purpose: link theoretical understanding/moral reasoning with

  2. Statutory Instrument No 144 of 1992. Convention on assistance in the case of a nuclear accident or radiological emergency (privileges and immunities) order, 1992

    International Nuclear Information System (INIS)

    1992-02-01

    This Order is made by the power conferred on the Government by Section 42A of the Diplomatic Relations and Immunities Acts, 1967 and 1976. It enables the Government to afford immunity from legal action and exemption from taxes to foreign rescue workers as required under Article 8 of the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency to which the State is a party

  3. The Diplomatic Asylum: From Haya De La Torre to The "WikiLeaks" Case

    Directory of Open Access Journals (Sweden)

    Agustina Vázquez

    2018-03-01

    Full Text Available The WikiLeaks’ founder represents not only a challenge to freedom of information, but also to International Law related to the diplomatic asylum. Julian Assange has been living in the Ecuadorian embassy in London for five years. In the last weeks, news surfaced that Sweden has ceased to request his extradition, the fact that caused much of the case under study. Assange’s situation seems to be diametrically different from Edward Snowden’s; however, both are labeled as "refugees for political reasons". While Assange looks forward to an improvement in his situation in the Ecuadorian embassy in London, Snowden still lives in Russia. Is the diplomatic asylum a usual practice? How to understand the diplomatic asylum in Latin America? What about England? In this paper, the analysis will assume that the concept of asylum is not recognized as a universal practice of International Law. However, in Latin America, it seems to be a usual practice since the judgment of the International Court of Justice on Haya de la Torre’s case.

  4. Dispute settlement process under GATT/WTO diplomatic or judicial ...

    African Journals Online (AJOL)

    This paper probes the mechanisms of the dispute resolution process under the World Trade Organisation (WTO) and the General Agreement on Tariff and Trade (GATT). It tries to analyse the evolution of the dispute process which was initially based on diplomatic procedures and gives an account of its evolution and ...

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

    NARCIS (Netherlands)

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

    2018-01-01

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

  6. Towards nuclear disarmament: State of affairs in the international legal framework

    International Nuclear Information System (INIS)

    Fanielle, Sylvain

    2016-01-01

    Since the dawn of the nuclear era, nuclear disarmament has been one of the highest priorities of the international community in ensuring global peace and security. Accordingly, numerous multilateral and bilateral political initiatives have been launched to fulfil this objective in a comprehensive manner. Many of these political efforts have resulted in the negotiation and adoption of legal instruments, which currently comprise the international legal framework on nuclear disarmament. Despite numerous achievements, this framework appears to be at a turning point. As a matter of fact, recent political and diplomatic tensions have reminded the international community that the far-reaching objective of global nuclear disarmament is under continuous pressure. In this context, is the international legal framework on nuclear disarmament effective? This article addresses both development and effectiveness of the international legal framework on nuclear disarmament. It first describes the position of nuclear disarmament within the United Nations (UN) machinery and the related political challenges. It then focuses on the Nuclear Non-Proliferation Treaty (NPT),1 with a particular focus on the interpretation and legal requirements associated with Article VI. Finally, it provides an overview of the Nuclear-Weapon-Free Zones (NWFZs) and their role in the international denuclearization dynamics. (author)

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Susanne Wuijts

    2018-03-01

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

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

    International Nuclear Information System (INIS)

    Wagner, H.

    1987-01-01

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

  10. 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.

  11. The elixir of incompleteness Gödel for diplomats

    Science.gov (United States)

    Gescher, Valentin

    2007-11-01

    Though Godel did not succeed by his insight in politics, a diplomatic inspiration can be found in his work. The statement that not everything that is true can be proven, along with the impossibility of reaching completeness and consistency at the same time, is not only restricted to mathematics. In the context of diplomacy, the extended meaning of the Godel lesson is a benefit rather than a restriction.

  12. I.Ya. Korostovetz, "the Creator of Mongolia" and Russian Diplomatic Mission in Urga in 1912

    Directory of Open Access Journals (Sweden)

    Pavel N. Dudin

    2017-03-01

    Full Text Available The author defines the role of Russian diplomacy and one of its brightest representatives – Ivan Korostovetz in establishing their own Mongolian state in 1911–1912 through the analysis of diplomatic correspondence, as well as relying on other sources and memoirs of the contemporaries. The author studied the challenges faced by the diplomatic mission and ways to overcome them, showing the position and arguments of each party on the issue of the status of Mongolia. It is noted that the Russian Far East policy was not a priority at the beginning of the twentieth century, giving way to solving of the European problems and it gave rise to a certain alienation of the outlying territories, which eventually became a threat to the national security. The Xinhai Revolution of 1911–1912 and the collapse of the Qing Empire contributed to the awareness of the possibility of gaining a foothold in the region and ensure its economic and geopolitical interests in many ways. Not being interested in the aggravation of relations with China, the Russian government through the Ministry of Foreign Affairs entrusted solving the sudden Outer Mongolia's independence declaration problem to an experienced diplomat, the former envoy to the Qing’s court – Ivan Korostovets. However, a simple task at first glance was complicated by the fact that representatives of the Mongolian side, resting on Western concepts of the state, state sovereignty, etc. did not see themselves as a part of China, while Russia recognized for its neighbor the principle of the territorial integrity. In turn, China was considering the activities of the Russian side as interference in its internal affairs, in that time, Russia insisted on defending of only its commercial interests. As a result of lengthy and difficult negotiations Korostavets persuaded the Mongols to make concessions, the Chinese - not to start military operations and not to make provocations and Russian Foreign Ministry – in

  13. Cooperation of Ukraine and Republic of Poland: Economic and Diplomatic Aspects

    Directory of Open Access Journals (Sweden)

    V. V.

    2017-05-01

    Full Text Available Poland in viewed by Ukraine as a reliable economic and political partner supporting Ukraine’s intention to integrate in Europe. Therefore, facts, documents and statistical data reflecting qualitative and quantitative aspects of relations between Ukraine and Poland need to be subject to non-stop monitoring and analysis, to help in finding timely solutions for problematic issues that may occur in these countries’ relations. The article’s objective is to analyze the performance and perspectives of economic and diplomatic relations between Ukraine and Republic of Poland. The analysis of documents on diplomatic and economic cooperation of the two countries after they gained political independence, and statistical data on trade in goods and services (by category and investment flows (by data on direct investment from Ukraine to Poland and from Poland to Ukraine shows that both countries have immense potentials for cooperation in various fields. As regards diplomatic dimension, Republic of Poland is the strongest promoter and lobbyist of the Euro-integration and Euro-Atlantic course of Ukraine. Regarding the economic cooperation, while mutual trade in goods declined in 2014 due to the economic and political crisis in Ukraine, it grew in 2016 with the recovery processes in the Ukrainian economy. Mutual trade in services is less intensive than trade in goods. Analysis of the investment cooperation shows the large asymmetry in favor of Polish investors in Ukraine and the reducing investment in both directions in the latest years.

  14. PELANGGARAN TERHADAP HAK KEKEBALAN DIPLOMATIK (STUDI KASUS PENYADAPAN KEDUTAAN BESAR REPUBLIK INDONESIA (KBRI DI YANGON MYANMAR BERDASARKAN KONVENSI WINA 1961

    Directory of Open Access Journals (Sweden)

    Dewa Gede Sudika Mangku

    2010-07-01

    Full Text Available The immunities and privileges owned by a diplomatic representative is based on providing greater opportunities to the diplomatic representatives in performing their duties perfectly. This is a form of protection to the diplomatic mission and its facilities-related facilities including the building of foreign diplomatic representative. Responsibility of the state of birth if the state committed acts contrary to law because of mistakes or negligence resulting in violations of international legal obligations. In case of violation of diplomatic immunities and privileges of the vice, then the recipient country can not be said to provide protection and comfort against the run function and diplomatic missions. Settlement of international disputes between Indonesia and Myanmar in diplomatic buildings wiretapping case can be achieved in various ways such as through a political settlement procedures, legal (juridical and within the framework of ASEAN cooperation. But use diplomatic channels or channels of negotiation that is based on good faith from both countries who are the best first step in dispute resolution. When the deal failed to be taken in diplomacy, it can be done in ways legal dispute resolution and bring it to the International Court of Justice.

  15. 76 FR 9071 - Advisory Committee on Historical Diplomatic Documentation; Notice of Meeting

    Science.gov (United States)

    2011-02-16

    ... notify Nick Sheldon, Office of the Historian (202-663-1123) no later than March 3, 2011 to provide date..., Advisory Committee on Historical Diplomatic Documentation, Department of State, Office of the Historian...

  16. 78 FR 9105 - Advisory Committee on Historical Diplomatic Documentation; Notice of Meeting

    Science.gov (United States)

    2013-02-07

    ... into the Visitor Access Control System (VACS-D) database. Please see the Security Records System of... requested pursuant to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as...

  17. 77 FR 45410 - Advisory Committee on Historical Diplomatic Documentation; Notice of Meeting

    Science.gov (United States)

    2012-07-31

    ... entered into the Visitor Access Control System (VACS- D) database. Please see the Security Records System... data are requested pursuant to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of...

  18. The Evolving Contingency Contracting Market: Private Sector Self regulation and United States Government Monitoring of Procurement of Stability Operations Services

    Science.gov (United States)

    2016-01-01

    statements of work would be useful in ensuring ethical govern- ment procurement practices. Conclusions The United States conducts diplomatic, defense...THE EVOLVING CONTINGENCY CONTRACTING MARKET: PRIVATE SECTOR SELF-REGULATION AND UNITED STATES GOVERNMENT MONITORING OF PROCUREMENT OF STABILITY...MARKET: PRIVATE SECTOR SELF-REGULATION AND UNITED STATES GOVERNMENT MONITORING OF PROCUREMENT OF STABILITY OPERATIONS SERVICES Whitney Grespin January

  19. 77 FR 69915 - Advisory Committee on Historical Diplomatic Documentation; Notice of Meeting

    Science.gov (United States)

    2012-11-21

    ... Control System (VACS-D) database. Please see the Security Records System of Records Notice (State-36) at... 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56...

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

    Science.gov (United States)

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

    2014-01-01

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

  1. [News on the trip and the diplomatic mission of a Portuguese ambassador to China in 1752. Critical and analytical study].

    Science.gov (United States)

    José, J; Frada, C

    1994-11-01

    The author of this report has worked out a critical-analytical study, based on the news of a voyage to China, carried out by a Portuguese ambassador, which was also a diplomatic mission, in 1752, during the Marquis of Pombal era, Prime Minister of king Dom Jose I. This study is directed under two perspectives: medical and historical-diplomatic. The former not only allows the assessment of the high degree of organization of this voyage as far as food supplies and medical support are concerned, but it also shows the reflection and the diagnosis correction of tuberculosis of the lungs, in a seaman, carried out by a surgeon on board, which we totally refute. The latter, which only aims at giving some further data for the study of the Portuguese Diplomatic History, let us know some of the complex procedures and protocols established between our diplomatic representative and the high Chinese rulers, both the Emperor himself and the mandarins. Contrary to other previous attempts of diplomatic, economic and social relations, either partially or totally frustrated, this mission constituted a great success for Portugal and may, indeed, be considered as a decisive step for the recognition of Portuguese sovereignty over the territory of Macao and its dependencies in 1887.

  2. Diplomatic assurances - a permissible tool in the struggle against terrorism?

    DEFF Research Database (Denmark)

    Mouyal, Lone Wandahl

    2011-01-01

    such reliance on diplomatic assurances by scrutinizing the practice and the case-law of the UN treaty bodies, the European Court of Human Rights (ECtHR) and the offi cial statements and reports of UN institutions such as the Human Rights Council, Th e Offi cer of the High Commissioner for Human Rights as well...

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

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2018-01-01

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

  4. German Training Revisited: An Appraisal of Corporatist Governance

    Science.gov (United States)

    Lange, Thomas

    2012-01-01

    Purpose: The aim of this paper is to re-examine the unique political economy of Germany's dual apprenticeship training model and its underlying philosophy of corporatist governance. It responds to recent arguments suggesting that Germany's collectivist skill regime is under threat, increasingly giving way to the introduction of…

  5. Science-practice nexus for landslide surveying: technical training for local government units in Indonesia

    Science.gov (United States)

    Alam, A. L.; Hespiantoro, S.; Dyar, D.; Balzer, D.; Kuhn, D.; Torizin, J.; Fuchs, M.; Kastl, S.; Anhorn, J.

    2017-02-01

    The Indonesian archipelago is prone to various geological hazards on an almost day to day basis. In order to mitigate disaster risk and reduce losses, the government uses its unique setup of ministerial training institutions. The Centre for Development of Human Resources in Geology, Mineral and Coal offers different level of technical training to local governments in order to provide them with the necessary means to understand geological hazards, mitigate risks, and hence close the gap between local and national governments. One key factor has been the continuous incorporation of new scientific knowledge into their training curricula. The paper presents benefits and challenges of this science-practice nexus using the standardised landslide survey as one example where mobile technology has been introduced to the training just recently.

  6. Analysis of the Governance Structures in Japan's Biosphere Reserves: Perspectives from Bottom-Up and Multilevel Characteristics

    Science.gov (United States)

    Tanaka, Toshinori; Wakamatsu, Nobuhiko

    2018-01-01

    This paper analyzes the governance structures of Biosphere Reserves (BRs) in Japan by focusing on six criteria that elucidate the main characteristics therein: general information (nomination process, year of designation, size, and population), legal frameworks, stakeholder identification, and decision-making processes (number of municipalities and role of consociation), administrative institutions (human resources, budgetary situation, and expense distribution), executed BR implementation activities, and participatory/collaborative frameworks. This research consists of a literature review, a questionnaire administered to the secretariats of seven existing BRs and follow-up interviews. Three main characteristics of BRs were identified. First, a responsible local government(s) is nominated to manage the BR rather than the central government. Consequently, BR implementation in Japan is led by those municipalities that have strong motivations for regional development using the BR concept. Second, two types of BR governance structures exist in Japan: the single municipality type and the multi-municipality type. All BRs have so called Kyougikai, a consociation for decision-making, consultation and/or collaboration among stakeholders. In the single municipality structure, the consociation includes diverse actors from private and community sectors, while in the multi-municipality structure, consociations are based in more diplomatic settings and only include members of the public sector. Third, gaps between pre/post-Seville BR implementation sites were identified. The motivations for the formation of pre-Seville BRs, which were designated in 1980 in a top-down fashion prior to an awareness of BRs, varied greatly from those BRs nominated by municipalities after 2010. The authors identified fewer administrative resources and activities associated with the pre-Seville sites.

  7. Correspondence Training: An Example of Rule-Governed Behavior?

    Science.gov (United States)

    Deacon, Joseph R.; Konarski, Edward A., Jr.

    1987-01-01

    Results of a study comparing the outcome of a reinforcement (do only) procedure with correspondence (say/do) training indicated no apparent differences in generalization between two groups of mentally retarded adults (N=12). Rule-governed behavior, rather than verbal regulation of behavior, may best account for behavior changes seen in…

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

    International Nuclear Information System (INIS)

    Steinberg, R.

    1987-01-01

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

  9. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    Energy Technology Data Exchange (ETDEWEB)

    Schwarze, J

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present.

  10. THE VITAL IMPORTANCE OF PROVIDING SOUND SCIENTIFIC ADVICE TO POLICY MAKERS IN GOVERNMENT

    Directory of Open Access Journals (Sweden)

    G. S. Pearson

    2013-08-01

    Full Text Available The article gives an idea of the scope of professional activity of scientists working in the field of biosafety in terms of providing timely and effective advice for politicians and diplomats in the government. It should be acknowledged that politicians and diplomats are also involved in a varying degree with biosafety issues such as toxicological and biological weapons, formulated in the relevant Convention: Biological and Toxin Weapons Convention. However taking into account their professional interests, they mightn’t have appropriate information on relevant events in these and other activities. The value of these activities of qualified scientists knowing the latest information in the field of biosafety is difficult to overestimate, as they have the possibility to analyze any situation on the range of relevant activities and use their knowledge to make informed proposals which could be acceptable for their co-worker scientists in other areas of biological science. For highly qualified scientists such activities appeared to be effective, it is a vital aspect of their professional activity, because such scientists are able to provide scientific advice, analyze and summarize relevant scientific aspects on a specific topic of interest for politicians and diplomats. Such an analysis should include identification of key elements that are relevant to a given scientific problem and should be formulated so as the consequences of the various elements of the Convention were clearly appreciated and understood by politicians and diplomats. In other words, the rele vant scientific aspects should be analyzed, summarized and presented in the context of the Convention, together with suggestions on what steps in this direction should be taken by politicians and diplomats.

  11. To Your Health: NLM update transcript - Why US diplomats in Cuba became ill

    Science.gov (United States)

    ... eye movements. In addition, the study suggests severe hearing loss occurred among three of the 21 diplomats that ... study's three authors explain most of the impacted workers were motivated to return to work after a ...

  12. CAR PARKS P3 AND P4 AT GENEVA AIRPORT: PRIVILEGES GRANTED TO PERSONS HOLDING DIPLOMATIC STATUS

    CERN Multimedia

    Relations with the Host States Service; Tel. 72848

    2001-01-01

    The Permanent Mission of Switzerland to the international organisations in Geneva (hereinafter referred to as the «Swiss Mission») has informed CERN that the privileges granted to drivers of vehicles bearing diplomatic registration plates with respect to the use of Car-Park P3, situated at the «Departures» level of Geneva International Airport, have been renewed for an indefinite duration, subject to the following conditions: Vehicles bearing Swiss or French diplomatic plates are authorised to park for one hour in Car-Park P3 free of charge. The white entrance ticket entitles the holder to 15 minutes' free parking. Should the period of stay exceed 15 minutes but remain within one hour, drivers of vehicles bearing diplomatic plates should proceed to the car-parks control centre («Centre de Contrôle») at the Arrivals level, which is open 24 hours a day, and exchange their white entrance ticket for a pink exit pass free of charge by presen...

  13. The Reach and Limits of Legal Education.

    Science.gov (United States)

    Schwartz, Murray L.

    1982-01-01

    Recent studies of the state of legal education and the practice of law are criticized, and legal education is found to be healthy. Practical and professional responsibility training is recommended for post-law school training rather than in the classical curriculum. (MSE)

  14. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW) [de

  15. Developing a curriculum for training nuclear protective force persons in legal matters

    International Nuclear Information System (INIS)

    Cadwell, J.J.

    1984-01-01

    The development of a curriculum for the training of security officers involves the integration of the importance of the subject, the difficulty of the subject and a consideration of the time available for the lecture. The importance of the subject is regarded as a combination of 1) the frequency the officer will need to use the material in the field and 2) the possible consequences of the officer not being well trained in the subject. The result of these considerations is a recommended seven-hour curriculum consisting of three hours of instruction on 1) the law of arrest, search and seizure, 2) one hour of instruction on the use of force, 3) two hours of instruction on the scope of legal authority and 4) one hour of instruction on civil liability

  16. Transnational Governance and Constitutionalism

    DEFF Research Database (Denmark)

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

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

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

    Science.gov (United States)

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

  18. Sowing the Seeds for Strong Relations: Seeds and Plants as Diplomatic Gifts for the Russian Empress Maria Fedorovna

    Directory of Open Access Journals (Sweden)

    Ekaterina Heath

    2017-12-01

    Full Text Available The article examines the role of botany in diplomatic relationships between Britain and Russia around the turn of the nineteenth century by looking at three gifts of exotic seeds and plants sent by different British diplomats and officials to the Russian Empress Maria Fedorovna, wife of Tsar Paul I. Gifts of live plants were a new category of diplomatic presents fuelled by the rapidly growing popularity of botany across Europe. These gifts represented British imperial ambitions and desire to build a self-sufficient economy. They also indicated an element of Britain’s anxiety about its navy’s dependence on Russian natural resources and later on about Russia’s successes in the exploration of the Antarctic regions. Empress Maria Fedorovna displayed these plants in a prominent part of her garden at Pavlovsk, next to the plants from North America that she had procured independently. This was a deliberate strategy that worked to boost her prestige at court by showcasing her international relationships.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Ariawan Gunandi

    2014-12-01

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

  1. The Private Legal Governance of Domain Names

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Remmer Sassen

    2014-11-01

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

  3. Towards good environmental governance in Europe

    NARCIS (Netherlands)

    Heldeweg, Michiel A.

    2005-01-01

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

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

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

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

  5. A Preliminary Evaluation of Instructional Effectiveness of Online Training Implemented at a Government Agency in Thailand

    Science.gov (United States)

    Supanakorn-Davila, Supawan; Bolliger, Doris U.

    2012-01-01

    Online training has become popular in the professional development of government employees in Thailand. One large government agency developed an online program to provide training to its employees across the country using two systems: an Internet and Intranet-based system. With the new program implemented, the evaluation of the instructional…

  6. 76 FR 13444 - Advisory Committee on Historical Diplomatic Documentation; Notice of Charter Renewal

    Science.gov (United States)

    2011-03-11

    ... the Foreign Relations of the United States series as well as on the Department's responsibility under statute (22 U.S.C. 4351, et seq.) to open its 30-year-old and older records for public review at the... DEPARTMENT OF STATE [Public Notice: 7241] Advisory Committee on Historical Diplomatic...

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

    NARCIS (Netherlands)

    Boer, A.; Sileno, G.

    2013-01-01

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

  8. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

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

  9. 78 FR 12134 - Advisory Committee on Historical Diplomatic Documentation; Notice of Charter Renewal

    Science.gov (United States)

    2013-02-21

    ... Relations of the United States series as well as on the Department's responsibility under statute (22 U.S.C. 4351, et seq.) to open its 30-year old and older records for public review at the National Archives and... DEPARTMENT OF STATE [Public Notice 8192] Advisory Committee on Historical Diplomatic Documentation...

  10. Continuing Vocational Training in Local Government in Portugal, 2000-05--What Has Changed?

    Science.gov (United States)

    Cabrito, Belmiro Gil; Simao, Ana Margarida Veiga; Alves, Mariana Gaio; Almeida, Antonio

    2009-01-01

    Local government in Portugal had a good opportunity to modernise through the Programa de Formacao para as Autarquias Locais (Foral) [Training programme for local authorities], implemented between 2000 and 2005. Substantial financial resources were made available through the programme to retrain local government human resources in order to improve…

  11. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

    Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

  12. Corporate Sector Practice Informs Online Workforce Training for Australian Government Agencies: Towards Effective Educational-Learning Systems Design

    Science.gov (United States)

    McKay, Elspeth; Vilela, Cenie

    2011-01-01

    The purpose of this paper is to outline government online training practice. We searched individual research domains of the human-dimensions of Human Computer Interaction (HCI), information and communications technologies (ICT) and instructional design for evidence of either corporate sector or government training practices. We overlapped these…

  13. 'Good Governance' dan 'Governability'

    Directory of Open Access Journals (Sweden)

    - Pratikno

    2005-03-01

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

  14. The diplomatic crisis between Rome and Carthago and the snap of the Second Punic War

    Directory of Open Access Journals (Sweden)

    Enrique HERNÁNDEZ PRIETO

    2013-03-01

    Full Text Available After their defeat in the First Punic War, the Carthaginians, led by the Barcids, initiated the extension of their domains in Spain. Their movements did not slip by the Romans, who developed a series of diplomatic maneuvers. The ?rst possible contact with Hamilcar was followed by an agreement with his successor Hasdrubal. Unlike these measures, that would have favored a climate of dialog between both powers, the approximation of Rome to Sagunto, and Hannibal’s assault against the second one, produced unleashed tensions that ?nally culminate with the declaration of a new con?ict. The aim of this paper is to analyze the evolution of the diplomatic relationships between Rome and Carthage during the interwar period, paying special attention to their motivations, premeditation and ef?ciency, as well as to the perceptions that they could provoke in both sides.

  15. 4 CFR 83.18 - Rights of legal guardians.

    Science.gov (United States)

    2010-01-01

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

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

    International Nuclear Information System (INIS)

    Darson, Alice

    2015-01-01

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

  17. Structural diagnosis of historic timber structures: the Diplomatic Room of the of Royal Palace of Naples

    Directory of Open Access Journals (Sweden)

    Donato Calicchio

    2012-12-01

    Full Text Available The aim of this article is to describe the diagnosis process made on the timber structure that holds up the vault of the Diplomatic Room of the Royal Palace in Naples (Italy. After a brief historical description of the Royal Palace and the Diplomatic Room, it discusses the methodology according to Italian regulations and the speci­fic problems that arose during the works. To complete the diagnosis, a dendrochronological analysis of the wooden elements was performed. The results show the residual mechanical properties of each structural element and the main problems to be resolved by the restorers. The dendrochronological conclusions yield that the dating of the elements is compatible with that of the frescoes on the vault and therefore demonstrate that the elements have not been replaced.

  18. Use of Diplomatic Assurances in Terrorism-related Cases: In search of a Balance between Security Concerns and Human Rights

    Directory of Open Access Journals (Sweden)

    Bibi van Ginkel

    2010-03-01

    Full Text Available In this paper, Research Fellow Dr. Bibi van Ginkel and intern Federico Rojas analyse the different policies on diplomatic assurances in a number of countries that are representative of a certain trend and attempt to clarify the criteria that have to be fulfilled before assurance may be used. Key in the whole discussion surrounding the use of diplomatic assurances is finding the right balance between national security concerns and human rights obligations. The outcomes of the Expert Meeting on this topic, that took place on 22 March 2011, have been incorporated in this paper.

  19. The Idea to Promote the Development of E-Government in the Civil Aviation System

    Science.gov (United States)

    Renliang, Jiang

    E-government has a significant impact on the organizational structure, working mechanism, operating methods and behavior patterns of the civil aviation administration department.The purpose of this research is to find some countermeasures propelling the electronization, network and office automation of the civil aviation system.The method used in the study was field and literature research.The studies showed that government departments in the civil aviation system could promote the development of e-government further by promoting open administration and implementing democratic and scientific decision-making, strengthening the popularization of information technology and information technology training on civil servants, paying attention to the integration and sharing of information resources, formulating a standard e-government system for the civil aviation system, developing the legal security system for the e-government and strengthening the network security.

  20. Balancing Inside and Outside Lobbying: The Political Strategies of Lobbyists at Global Diplomatic Conferences

    NARCIS (Netherlands)

    Hanegraaff, M.; Beyers, J.; De Bruycker, I.

    2016-01-01

    This article seeks to explain the use of inside and outside lobbying by organised interests at global diplomatic conferences. At first sight, the lobbying at these venues is puzzling as it does not seem to be a very fruitful way to acquire influence. The use of outside strategies especially is

  1. LEGAL PRINCIPLES IN FUNCTION AND PERFORMANCE OF BOT CONTRACT

    Directory of Open Access Journals (Sweden)

    Reifon Cristabella Eventia

    2017-09-01

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

  2. Towards a governance agenda for the emerging Atlantic Hemisphere

    Directory of Open Access Journals (Sweden)

    Daniel S. Hamilton

    2013-09-01

    Full Text Available The Atlantic Basin is re-emerging as an important subsystem within the global political economy: inter-linked flows of people and energy, money and weapons,goods and services, technology and terror,drugs and crime; greater access to each other’s markets, resources, and talent. Yet,growing interdependencies gene-rate new vulnerabilities and challenges: cooperation over resources and energy connections; promotion of trade and investment; migration and integration; building resilient societies; enhancement of good governance; investment in human development; and the fight against transnational criminal organisations and their growing links to terrorists and insurgents. However, while governance mechanisms and diplomatic cooperation based on a pan-Atlantic framework are in their infancy, a host of developments suggests that broadranging, interwoven hemispheric cooperation may be possible. In fact, the Atlantic Basin may emerge as a global laboratory for interregional, networked governance between developed and emerging countries.

  3. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

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

  4. Nordic Corporate Governance Revisited

    DEFF Research Database (Denmark)

    Thomsen, Steen

    2016-01-01

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

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

    Science.gov (United States)

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

    2017-04-01

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

  6. Normalization of China-Indonesia’s diplomatic relations and the role of the mianzi concept

    Directory of Open Access Journals (Sweden)

    R. Tuty Nur Mutia Enoch Muas

    2012-10-01

    Full Text Available This thesis examines the normalization of China-Indonesia’s diplomatic relations in order to understand China’s main motivation. The “micro-macro linkage” approach is used to uphold the empirical evidence that is enhanced by the mianzi concept. In Chinese culture, mianzi consists of honourable values and meanings. The result of this research shows that the changes in China’s foreign policy priority have been caused by the demise of the socialist power in the late 1980s and the Tiananmen incident in 1989. Threat to China’s sovereignty and unity has been the basis of the priority to keep the country’s honour and existence. The term baoquan mianzi is used in this matter. It means using the whole potential of the Chinese people to defend the country’s honour. The People's Republic of China’s international image and glory need to be restored. The normalization of diplomatic relations has proven to be part of baoquan mianzi effort and has given China a big opportunity to participate in regional and global forums.

  7. Legal and institutional frameworks for government relations with citizens

    International Nuclear Information System (INIS)

    Caddy, J.

    2000-01-01

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

  8. The legal system of nuclear waste disposal

    International Nuclear Information System (INIS)

    Dauk, W.

    1983-01-01

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

  9. Soviet diplomats and Comintern representatives in People’s Republic of Tuva in the 1920s

    Directory of Open Access Journals (Sweden)

    Nikolay M. Mollerov

    2016-09-01

    Full Text Available This is the first study of the role Soviet diplomats and representatives of the Communist International (Comintern played in the Soviet-Tuvan relations during the first decade after the emergence of the young Tuvan state – People’s Republic of Tuva (1920s. From representing the interests of a small military mission, the Soviet diplomatic office in Tuva evolved into a full-scale embassy of the Soviet state. Its history clearly falls into two stages: from early 1920s to 1927 Soviet mission members largely abstained from interfering into PRT’s internal issues, but subsequently they started actively promoting the left wing of Tuvan People Revolutionary Party, which contributed to its accession to power. The Soviet state began to act as PRT’s patron on the international arena. This policy of support and custody was in accordance with Article 2 of PRT’s constitution. Using documentary sources, this article traces the appointments and transfers of a number of Soviet diplomatic officers and consuls (F.G. Falsky (Falkovsky, I.A. Chichayev, F.F. Razumov, A.G. Starkov, as well as Comintern representatives (I.G. Safyanov, B. Tsivenzhapov, V. Borovikov, A.M. Amur-Sanan, S.A. Natsov, V. Machavariani, V.A. Bogdanov. In the duopoly of consuls and Comintern representatives, the former dominated at the earlier stages, but after the defeat of Chinese communists in 1927 the Soviet leaders thought that Socialist transformations in Mongolia in Tuva should be sped up. The article makes use of archival sources from the State Archive of the Republic of Tuva, Russian State Archive of Socio-Political History (RGASPI, and the Research archive of Tuva Institute for Humanities and Applied Socioeconomic Studies.

  10. Tax administration good governance

    NARCIS (Netherlands)

    Végh, Gyöngyi; Gribnau, Hans

    2018-01-01

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

  11. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

    The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

  12. 48 CFR 13.004 - Legal effect of quotations.

    Science.gov (United States)

    2010-10-01

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

  13. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Tanya Howard

    2015-12-01

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

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

    African Journals Online (AJOL)

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

  16. LEGAL REGULATIONS REGARDING UNFAIR TERMSIN BANK LOAN CONTRACTS

    Directory of Open Access Journals (Sweden)

    Mariana Rodica ȚÎRLEA

    2014-11-01

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

  17. The Performer as Philosopher and Diplomat of Dissensus: Thinking and Drinking Tea with Benjamin Verdonck in Bara/ke (2000

    Directory of Open Access Journals (Sweden)

    Christel Stalpaert

    2015-04-01

    Full Text Available Ecology and activism is a burning issue in theatre and performance studies. However, following the French philosopher Bruno Latour, a radically new encounter with ecology is needed today, if eco-activism still wants to have a future. It seems that, in order to survive, eco-activism and eco-art have to move beyond their narrow and limited anthropocentric perspective. In this paradigm shift, the performer as philosopher – in the sense of a diplomat of dissensus – might play an important role. The Flemish artist and performer Benjamin Verdonck picks up this role of a performer as philosopher. In his artistic tree houses, Verdonck invites passers-by for coffee or tea and gently raises ecological issues. He performs protest as what I call “a diplomat of dissensus”, combining Latour’s writings on contemporary ecology and the function of the diplomat therein, and Jacques Rancière’s writings on dissensus and art in public space. Ecology, for its part, moves into the direction of what Félix Guattari in The Three Ecologies refers to as “the ethico-aesthetic aegis of an ecosophy” (Guattari 2000, 41, a contraction of ecology and philosophy that connects the environmental with a reflection on the psychic production of subjectivity and social relations.

  18. 42 CFR 494.180 - Condition: Governance.

    Science.gov (United States)

    2010-10-01

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

  19. Proceedings of the national workshop on radiation safety and the Nigerian legal system

    International Nuclear Information System (INIS)

    Mallam, S.P.; Elegba, S.B.; Maiyaki, M.C.

    1996-01-01

    This volume is the proceedings of the National Workshop on Radiation Safety and the Nigeria Legal System held at The Centre for Energy Research and Training, Ahmadu Bello University Zaria from 7 - 9 June, 1995. The Sole aim of the workshop was to encourage the Federal Government of Nigeria to promulgate the Decree on Nuclear Safety and Radiation Protection. The focal point of the workshop was the presentation of the various peaceful applications of nuclear energy in the national economy, albeit without any legal backing. Thus there were presentations from legal practitioners. Particular consideration was given to contribution from the Agency which dealt in great details with both the legal and infra structural requirements for nuclear safety and radiation protection. Presentation by the ministry of Foreign Affairs, Federal Ministry of Health and the Federal Environmental Protection Agency underscored the multi-sectoral and multi-dimensional nature of the concern. This volume contains the full text of 11 technical papers and also speeches by invited dignitaries presented at the workshop. The papers were fully discussed during the workshop. The organizing committee wishes to thank all authors for their presentation and cooperation in submitting manuscript promptly and the participants for there excellent contribution during the workshop

  20. 50 CFR 23.17 - What are the requirements for CITES specimens traded internationally by diplomatic, consular...

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false What are the requirements for CITES... ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) Prohibitions, Exemptions, and Requirements § 23.17 What are the requirements for CITES specimens traded internationally by diplomatic, consular, military, and...

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

    Directory of Open Access Journals (Sweden)

    Jean-François Nivet

    2004-12-01

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

  2. Brazil's Rendition of the 'Responsibility to Protect' Doctrine: Promising or Stillborn Diplomatic Proposal?

    Directory of Open Access Journals (Sweden)

    Aziz Tuffi Saliba

    2015-03-01

    Full Text Available Brazil has actively participated in the debate around the ‘Responsibility to Protect’ (R2P doctrine. More recently, Brazil has even proposed what it believes to be a new approach—the ‘Responsibility while Protecting’ (RwP corollary to R2P. By launching its own rendition for R2P, Brazil has attempted to reinforce the role of the UN Security Council in two different ways: First, in restricting the use of force on the grounds of ‘Responsibility to Protect,’ which, according to Brazilian diplomatic reasoning, would hinge upon a multilateral assessment of the situation — a condition expected to considerably diminish the arbitrariness in decision making with respect to the use of force.  Second, Brazil aimed to highlight the necessity of reform in the UNSC, since, from a Brazilian viewpoint, the decisions of this organ must be representative in order to discharge new tasks assigned to it. Notwithstanding, Brazil's diplomatic proposal has arguably failed to gain massive support from the countries that compose the UN Security Council political establishment and seems now to be forgotten. This paper aims to provide an account on the Brazilian reaction to “Responsibility to Protect” and its first consequences.

  3. Regional health governance: A suggested agenda for Southern African health diplomacy.

    Science.gov (United States)

    Penfold, Erica Dale; Fourie, Pieter

    2015-12-01

    Regional organisations can effectively promote regional health diplomacy and governance through engagement with regional social policy. Regional bodies make decisions about health challenges in the region, for example, the Union of South American Nations (UNASUR) and the World Health Organisation South East Asia Regional Office (WHO-SEARO). The Southern African Development Community (SADC) has a limited health presence as a regional organisation and diplomatic partner in health governance. This article identifies how SADC facilitates and coordinates health policy, arguing that SADC has the potential to promote regional health diplomacy and governance through engagement with regional social policy. The article identifies the role of global health diplomacy and niche diplomacy in health governance. The role of SADC as a regional organisation and the way it functions is then explained, focusing on how SADC engages with health issues in the region. Recommendations are made as to how SADC can play a more decisive role as a regional organisation to implement South-South management of the regional social policy, health governance and health diplomacy agenda.

  4. Effective and Efficient Training Programs in Jeddah Government Hospitals: A Case Study of Saudi Arabia

    Directory of Open Access Journals (Sweden)

    Hasan Salih Suliman Al-Qudah

    2016-10-01

    Full Text Available Hospital care broadly covers and encompasses complete range of personal health service like promotion of health service, prevention of disease, early detection of disease, diagnosis and treatment, rehabilitation of the patient. This study will try to identify the" Effective and Efficient Training Programs in Jeddah government hospitals: Case Study of Saudi Arabia”. The study will examine the demographic aspects of employees (Gender and experience and the value of what can deferent training programmes can have deep impact on their performance. The total study sample was 291 of identify employees, but 275 were suitable for statistical analysis, descriptive and analytical approach was also used to achieve the study objectives. The study major finding that there was a medium degree of effective and efficient training programs held’s in Jeddah public hospitals, also the study found that there are no statistically significant differences at  α ≤ 0.05 related to training of human resources. The study has recommended the need to improve employee’s skills in Jeddah government hospitals through actual employees participation at any training courses on a regular basis, also there is a need for continue training program for employee’s to qualify them at any future development in the deferent department of  the  hospital.

  5. 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...

  6. Diplomatic History of the Great Patriotic War and the New World Order

    OpenAIRE

    Alexander Y. Borisov

    2015-01-01

    From ancient times, war was called "the creator of all things". And winners created the postwar world order. The article reveals the backstage, the diplomatic history of the Great Patriotic War, which make the picture of the main events of the war, that culminated in victory May 1945 in the capital of the defeated Third Reich, complete. The decisive role of the Soviet Union and its armed forces in the defeat of Nazi Germany and its allies was the strong foundation on which to build the strate...

  7. Sustainable Development and African Local Government: Can Electronic Training Help Build Capacities?

    Science.gov (United States)

    Johnson, Hazel; Thomas, Alan

    2007-01-01

    A recent study carried out by European and African organizations into the potential for electronic distance training (EDT) on sustainability in African local governments concluded that EDT was both "useful and feasible". This article reflects on some of the theoretical and practical implications of that study. It focuses on the…

  8. Sexual violence legislation in sub-Saharan Africa: the need for strengthened medico-legal linkages.

    Science.gov (United States)

    Kilonzo, Nduku; Ndung'u, Njoki; Nthamburi, Nerida; Ajema, Caroline; Taegtmeyer, Miriam; Theobald, Sally; Tolhurst, Rachel

    2009-11-01

    Six sub-Saharan African countries currently have laws on sexual violence, including Kenya, and eight others have provisions on sexual violence in other legislation. Effective legislation requires functioning medico-legal linkages to enable both justice to be done in cases of sexual violence and the provision of health services for survivors of sexual violence. The health sector also needs to provide post-rape care services and collect and deliver evidence to the criminal justice system. This paper reviews existing data on sexual violence in sub-Saharan Africa, and summarises the content of sexual violence legislation in the region and the strengths and weaknesses of existing medico-legal linkages, using Kenya as a case study. Many sub-Saharan African countries do not yet have comprehensive post-rape care services, nor substantial co-ordination between HIV and sexual and reproductive health services, the legal and judicial systems, and sexual violence legislation. These need to be integrated by cross-referrals, using standardised referral guidelines and pathways, treatment protocols, and medico-legal procedures. Common training approaches and harmonised information across sectors, and common indicators, would facilitate government accountability. Joint and collaborative planning and working at country level, through sharing of information and data between the different systems remain key to achieving this.

  9. Implementation of corporate governance principles in Romania

    Directory of Open Access Journals (Sweden)

    Ramona Iulia Țarțavulea (Dieaconescu

    2014-12-01

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

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

    Science.gov (United States)

    Ruszczyk, Stephen P.

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

  11. ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    RADA POSTOLACHE

    2012-05-01

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

  12. A legal primer for the obesity prevention movement.

    Science.gov (United States)

    Mermin, Seth E; Graff, Samantha K

    2009-10-01

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

  13. COP 21: a diplomatic and... climatic success?

    International Nuclear Information System (INIS)

    Combe, Matthieu

    2016-09-01

    If the agreement signed at the end of the COP21 has been greeted as historical, compromises made for such a diplomatic success cast doubt on the constraining aspect of this treaty. This publication thus proposes comments on the content of the COP21 agreement by discussing the perspective and opportunities of a possible commitment of air transport in the struggle against climate change, by questioning the existence of a dynamics for world commitment in the development of renewable energies, for the emergence of more responsible companies and sustainable cities, by commenting the almost unanimous success of the COP21 acknowledged by all parties (except Nicaragua), by commenting the opinion of NGOs on the agreement. Other articles evoke and comment examples of mobilisation of civil society and companies in demonstrations during the COP21, other demonstrations organised in parallel with the COP21 (a citizen summit on climate in Montreuil, exhibition in the Grand Palais where large companies like Veolia, L'Oreal, Evian, BIC, Coca-Cola or Renault presented some initiatives)

  14. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

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

    International Nuclear Information System (INIS)

    Talaie, F.

    2004-01-01

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

  16. Promoting Intercultural Competency in the Nuclear Workplace

    Energy Technology Data Exchange (ETDEWEB)

    Bachner K. M.

    2015-07-12

    Intercultural preparedness training is a staple of many workplaces that require international competence, including government, business, and non-profits. Even highly experienced diplomats are often advised to attend training sessions on this topic. Intercultural preparedness training promises to be especially relevant and useful for professionals working in the field of nuclear nonproliferation, including in the application of international nuclear safeguards. This paper outlines the fundamental philosophies underlying a training program that will benefit professionals in the nuclear arena, whether practitioners of nonproliferation or other sub-fields relying on international cooperation and collaboration, and how such a training program might be implemented efficiently.

  17. Reviewing education and training for governance and active citizenship in Europe. A central and eastern European perspective. The implications of the research for Central and Eastern European policy design on active citizenship and governance

    NARCIS (Netherlands)

    Chioncel, N.E.; Jansen, T.J.M.

    2004-01-01

    The RE-ETGACE Project, "Reviewing Education and Training for Governance and Active Citizenship in Europe - A Central and Eastern European Perspective" is a complementary measure to the original ETGACE Project "Education and Training for Governance and Active Citizenship in Europe". The ETGAGE

  18. Reviewing education and training for governance and active citizenship in Europe : a Central and Eastern European perspective : the implications of the research for Central and Eastern European policy design on active citizenship and governance

    NARCIS (Netherlands)

    Chioncel, Nicoleta; Jansen, Theo

    2004-01-01

    The RE-ETGACE Project, 'Reviewing Education and Training for Governance and Active Citizenship in Europe - A Central and Eastern European Perspective' is a complementary measure to the original ETGACE Project 'Education and Training for Governance and Active Citizenship in Europe'. The ETGAGE

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

    International Nuclear Information System (INIS)

    Zimmermann, B.

    1992-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Serafim, Fabrizia Pessoa

    2010-07-01

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

  1. Energy Efficiency Governance

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-07-01

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

  2. Military and diplomatic roles and options for managing and responding to the proliferation of ballistic missiles and weapons of mass destruction. Final report: Program on Stability and the Offense/Defense Relationship

    Energy Technology Data Exchange (ETDEWEB)

    Hallenbeck, R.A.; Gill, J.M.; Murray, B.L.

    1993-05-26

    The March seminar, ``Military and Diplomatic Roles and Options`` for managing and responding to proliferation, featured three presentations: the military and diplomatic implications of preemptive force as a counterproliferation option; an in-depth assessment of the threat posed by biological weapons; and, a new proposed US counterproliferation policy.

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

    Science.gov (United States)

    Shankman, Ned N.

    1977-01-01

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

  4. Codes of Good Governance

    DEFF Research Database (Denmark)

    Beck Jørgensen, Torben; Sørensen, Ditte-Lene

    2013-01-01

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

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

    African Journals Online (AJOL)

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

  6. Detroit regional transit legal structures and governance.

    Science.gov (United States)

    2014-03-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Lamm, D.

    1980-06-01

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

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

    African Journals Online (AJOL)

    KM_Yilma & HH_Abraha

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2011-04-15

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

  10. Unfinished business: concurrence of claims presented before a human rights court or treaty body and through diplomatic protection

    NARCIS (Netherlands)

    Vermeer-Künzli, A.M.H.

    2010-01-01

    International law has not, yet, defined the limits of concurrent cases involving resort to a human rights mechanism and diplomatic protection. The European Court of Human Rights has on occasion dealt with questions of simultaneous procedures and the International Law Commission (ILC) has described

  11. SOME ASPECTS CONCERNING THE DIPLOMATIC PROTECTION OFFERED BY THE EUROPEAN UNION FOR THE CITIZENS IN THE PRESENT ECONOMIC SITUATION

    Directory of Open Access Journals (Sweden)

    Mirisan Ligia-Valentina

    2011-07-01

    Full Text Available Based on the particular meaning that is specific to European citizenship and that is involved in the practice of citizenship, it causes modern concepts of citizenship which are derived from the universal norms of citizenship. It's important to underline that the European citizenship is a concept which does not replace the National citizenship, but it is a new modern concept which has a real connection with the national citizenship and why not connected with the Romanian citizenship. From this point of view, emphasize in this paper that the diplomatic and consular authorities from member states of the Union have to guarantee the protection of the European citizens in third countries in which their state is not represented. The cooperation of the diplomatic representatives is an important point for the Foreign Politic of the European Union.

  12. 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

  13. One Health research and training and government support for One Health in South Asia

    Directory of Open Access Journals (Sweden)

    Joanna S. McKenzie

    2016-11-01

    Full Text Available Introduction: Considerable advocacy, funding, training, and technical support have been provided to South Asian countries to strengthen One Health (OH collaborative approaches for controlling diseases with global human pandemic potential since the early 2000s. It is essential that the OH approach continues to be strengthened given South Asia is a hot spot for emerging and endemic zoonotic diseases. The objectives of this article are to describe OH research and training and capacity building activities and the important developments in government support for OH in these countries to identify current achievements and gaps. Materials and methods: A landscape analysis of OH research, training, and government support in South Asia was generated by searching peer-reviewed and grey literature for OH research publications and reports, a questionnaire survey of people potentially engaged in OH research in South Asia and the authors’ professional networks. Results: Only a small proportion of zoonotic disease research conducted in South Asia can be described as truly OH, with a significant lack of OH policy-relevant research. A small number of multisectoral OH research and OH capacity building programmes were conducted in the region. The governments of Bangladesh and Bhutan have established operational OH strategies, with variable progress institutionalising OH in other countries. Identified gaps were a lack of useful scientific information and of a collaborative culture for formulating and implementing integrated zoonotic disease control policies and the need for ongoing support for transdisciplinary OH research and policy-relevant capacity building programmes. Discussion: Overall we found a very small number of truly OH research and capacity building programmes in South Asia. Even though significant progress has been made in institutionalising OH in some South Asian countries, further behavioural, attitudinal, and institutional changes are required to

  14. One Health research and training and government support for One Health in South Asia.

    Science.gov (United States)

    McKenzie, Joanna S; Dahal, Rojan; Kakkar, Manish; Debnath, Nitish; Rahman, Mahmudur; Dorjee, Sithar; Naeem, Khalid; Wijayathilaka, Tikiri; Sharma, Barun Kumar; Maidanwal, Nasir; Halimi, Asmatullah; Kim, Eunmi; Chatterjee, Pranab; Devleesschauwer, Brecht

    2016-01-01

    Considerable advocacy, funding, training, and technical support have been provided to South Asian countries to strengthen One Health (OH) collaborative approaches for controlling diseases with global human pandemic potential since the early 2000s. It is essential that the OH approach continues to be strengthened given South Asia is a hot spot for emerging and endemic zoonotic diseases. The objectives of this article are to describe OH research and training and capacity building activities and the important developments in government support for OH in these countries to identify current achievements and gaps. A landscape analysis of OH research, training, and government support in South Asia was generated by searching peer-reviewed and grey literature for OH research publications and reports, a questionnaire survey of people potentially engaged in OH research in South Asia and the authors' professional networks. Only a small proportion of zoonotic disease research conducted in South Asia can be described as truly OH, with a significant lack of OH policy-relevant research. A small number of multisectoral OH research and OH capacity building programmes were conducted in the region. The governments of Bangladesh and Bhutan have established operational OH strategies, with variable progress institutionalising OH in other countries. Identified gaps were a lack of useful scientific information and of a collaborative culture for formulating and implementing integrated zoonotic disease control policies and the need for ongoing support for transdisciplinary OH research and policy-relevant capacity building programmes. Overall we found a very small number of truly OH research and capacity building programmes in South Asia. Even though significant progress has been made in institutionalising OH in some South Asian countries, further behavioural, attitudinal, and institutional changes are required to strengthen OH research and training and implementation of sustainably effective

  15. Is the United States Marine Corps the Best Organization to be Tasked with Providing Security to U.S. Diplomatic Missions?

    National Research Council Canada - National Science Library

    Thomas, Jeffrey

    2001-01-01

    ...; this partnership can be improved to the betterment of the program and the missions they protect. Since its inception in 1791, Department of State diplomats have been escorted and protected by U.S. Marines...

  16. Constructions of Identity and Threat in North Korea’s “Diplomatic War” Discourse

    OpenAIRE

    Ballbach, Eric J.

    2015-01-01

    This paper analyzes North Korea’s most central foreign policy discourse in the post-Cold War era: the discourse of the Diplomatic War. Embedding North Korea’s nuclear strive and its conflictual relations with a significant Other – the U.S. – the analysis of this discourse provides crucial insights into the immaterial factors driving North Korea’s foreign relations in the post-Cold War era. In specific, the study focusses on two central characteristics of the discourse, i.e. the writing of ide...

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

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2014-09-01

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

  18. The Protection of Classified Information: The Legal Framework

    National Research Council Canada - National Science Library

    Elsea, Jennifer K

    2006-01-01

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

  19. 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...

  20. Prologues, Poetry, Prose and Portrayals: The Purposes of Fifteenth Century Fight Books According to the Diplomatic Evidence

    Directory of Open Access Journals (Sweden)

    Deacon Jacob Henry

    2016-12-01

    Full Text Available Although by far the most popular use of fifteenth century Fight Books in recent years has been their application to the study of Historical European Martial Arts and interpretations of medieval combat, this manner of learning from them was rarely what their creators had in mind. The following paper, relying primarily on the materials produced by Fiore dei Liberi, Filippo Vadi, Hans Talhoffer, and the anonymous author of Le Jeu de la Hache, will address modern practice and its connection to the source material via a study of the diplomatics of fifteenth century Fight Books, that is to say common tropes that are definitive of the genre. This has been done through analysing the roles of three of these; the purposes of introductions, of the use of language relating to the employment of either a prose or poetic structure, and the importance of the relationships between texts and illustrations. Through this application of diplomatics to Fight Books, the paper shall demonstrate how modern claims regarding authenticity are often overstated and in need of moderation.

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

    Science.gov (United States)

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

    2016-01-01

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

  2. GOVERNING BOARD OF THE PENSION FUND

    CERN Multimedia

    2003-01-01

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

  3. Theoretical Ideas of Local Government and State Government Development

    Directory of Open Access Journals (Sweden)

    Nikolay I. Churinov

    2016-03-01

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

  4. Governance Dynamics and the Application of the Multilevel Governance Approach in Vocational Education and Training (VET) in the European Neighbourhood Countries: The Case of the ENPI South Region

    Science.gov (United States)

    Galvin Arribas, J. Manuel

    2016-01-01

    This article analyses moves towards good multilevel governance approaches in Vocational Education and Training (VET) as an effective way to improve VET policy making in transition and developing countries, focusing on the Southern Neighbourhood of the EU (ENPI South). The centralised approaches in public administration and to VET governance still…

  5. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

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

  6. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

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

  7. Privatrechtliche Regelsetzung, Governance und Verhaltensökonomik

    Directory of Open Access Journals (Sweden)

    Florian Möslein

    2014-05-01

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

  8. Diplomatic Documentation of the Crimean Khanate in the 16th century (1515–1596: To the Question about the Current State of Publishing »

    Directory of Open Access Journals (Sweden)

    A.V. Vinogradov

    2016-09-01

    Full Text Available Research objectives: to outline the key issues of the current state of publication of diplomatic documents containing information about the Crimean Khanate’s relations with Russian and Polish-Lithuanian states during the period of 1515–1596. Research materials: the Crimean diplomatic documents and letters of the Crimean khans Muhammad Giray I, Saadet Giray, Islam Giray I, Sahib Giray, Devlet Giray I, Mohammed Giray II, Islam Giray II and Gazi Giray II to the Moscow princes and Polish kings preserved in the archives and library manuscript collections in Russia and Poland. Research results: as a result of research the author has introduced into scholarly circulation a generic list of (both published and unpublished messages of the Crimean khans to the Polish kings and princes of Moscow for the period of 1515–1596 preserved in the archives and library manuscript collections in Russia and Poland. Research novelty: the author is the first to consider the problem of the publication of diplomatic documents of the Crimean Khanate being a part of the Crimean ambassadorial books in the fund 123 (“Russian relations with the Crimea” of Russian State Archive of Ancient Acts.

  9. Exploring the potential for joint training between legal professionals in the criminal justice system and health and social care professionals in the mental-health services.

    Science.gov (United States)

    Hean, Sarah; Heaslip, Vanessa; Warr, Jerry; Staddon, Sue

    2011-05-01

    Effective screening of mentally-ill defendants in the criminal court system requires cooperation between legal professionals in the criminal justice system (CJS), and health and social care workers in the mental-health service (MHS). This interagency working, though, can be problematic, as recognized in the Bradley inquiry that recommended joint training for MHS and CJS professionals. The aim of this study was to examine the experiences and attitudes of workers in the CJS and MHS to inform the development of relevant training. The method was a survey of mental-health workers and legal professionals in the court. The results showed that both agencies were uncertain of their ability to work with the other and there is little training that supports them in this. Both recognized the importance of mentally-ill defendants being dealt with appropriately in court proceedings but acknowledged this is not achieved. There is a shared willingness to sympathize with defendants and a common lack of willingness to give a definite, unqualified response on the relationship between culpability, mental-illness and punishment. Views differ around defendants' threat to security.Findings suggest there is scope to develop interprofessional training programs between the CJS and MHS to improve interagency working and eventually impact on the quality of defendants' lives. Recommendations are made on the type of joint training that could be provided.

  10. Mature e-Government based on spatial data

    DEFF Research Database (Denmark)

    Hvingel, Line; Baaner, Lasse; Schrøder, Lise

    2014-01-01

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

  11. 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.

  12. Organizational and legal mechanism of the environmental protection

    Directory of Open Access Journals (Sweden)

    А. П. Гетьман

    2014-12-01

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

  13. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

    Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.

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

    Directory of Open Access Journals (Sweden)

    Dr. Ricardo Vizcaíno-Laorga

    2008-01-01

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

  15. The University Library: a driving force for reform in legal education?

    NARCIS (Netherlands)

    B.F. Beljaars (Ben); E.R. Winter (René)

    2012-01-01

    textabstractInformation skills training offers opportunities for gradually embedding changes in legal education programs and to bring about the integration of legal knowledge, skills and experience. If shared goals are formulated in a spirit of close collaboration, curricular changes and revisions

  16. Legal Liability and Risk Management in Outdoor Training.

    Science.gov (United States)

    Dynon, John; Loynes, Chris

    1990-01-01

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

  17. The Madrid Train Bombings: A Decision-Making Model Analysis

    Science.gov (United States)

    2009-12-11

    3T. K. Lawson Managing Editor, ―Madrid Bombing and Attacks on Trains, Subways ,‖ U.S. Department of State, Diplomatic Security Command Center (17 March...Alfred De Montesquiou, ―Official: Al-Qaeda Like A Fast Food Franchise ‗For Terrorism‘,‖ USA Today, 7 June 2009, http://www.usatoday.com/news/world/2009...Fort Leavenworth, KS, 2007): 78; De Montesquiou, ―Official: Al- Qaeda Like A Fast Food Franchise ‗For Terrorism‘.‖ 39Wilson, ―The Evolution of al

  18. Radiation Protection Training in Lithuania

    International Nuclear Information System (INIS)

    Jankauskiene, D.

    2003-01-01

    Radiation Protection Training is an important component of Radiation Protection and serves for human radiation safety. According to the Lithuanian Law on Radiation Protection the legal persons and enterprises without the status of legal persons to conduct practices with sources or which workers work under exposure must organize at their own expenses a compulsory training and assessment of knowledge of the workers engaging in activities with the sources and radiation protection officers. Such training has been started in 1999. In Lithuania there are few institutions executing Radiation Protection training. Under requirements of legal act On Frequency and Procedure of Compulsory Training and Assessment Knowledge of the Workers Engage in Activities with the Sources of Ionising Radiation and Radiation Protection Officers these institutions have to prepare and coordinate training programs with the Radiation Protection Center. There are adopted different educating programs for Radiation Protection Training to the Workers and Radiation Protection Officers depending on character of work and danger of sources. The duration of Training is from 30 to 270 hours. The Training shall be renewed every five years passing 30 hors course. To ensure the adequate quality of training a great deal of attention is paid to qualifying the lectures. For this purpose, it was established an Evaluation commission to estimate the adequacy of lecturer's knowledge to requirements of Training programs. After passing exams the lectures get the qualification confirming certificates. The main task of our days is to establish and arrange the National Training Centre on Radiation Protection Training that would satisfy requirements and recommendations of legal documents of IAEA and EU for such kind of institutions of institutions. (Author)

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

    Directory of Open Access Journals (Sweden)

    Urbanisasi

    2015-08-01

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

  20. Thinking Like a Lawyer, Thinking Like a Legal System

    Science.gov (United States)

    Stuart, Richard Clay

    2013-01-01

    The legal system is the product of lawyers. Lawyers are the product of a specific educational system. Therefore, to understand the legal system, we must first explore how lawyers are trained and conditioned to think. What does it mean to "Think Like a Lawyer?'' This dissertation makes use of autoethnography to explore the experience…

  1. Whither the legal control of nuclear energy?

    International Nuclear Information System (INIS)

    Riley, Peter

    1995-01-01

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

  2. 42 CFR 137.30 - What is a self-governance compact?

    Science.gov (United States)

    2010-10-01

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

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

    Directory of Open Access Journals (Sweden)

    В. О. Сліпенчук

    2015-03-01

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

  4. "Sometimes they used to whisper in our ears": health care workers' perceptions of the effects of abortion legalization in Nepal.

    Science.gov (United States)

    Puri, Mahesh; Lamichhane, Prabhat; Harken, Tabetha; Blum, Maya; Harper, Cynthia C; Darney, Philip D; Henderson, Jillian T

    2012-04-20

    Unsafe abortion has been a significant cause of maternal morbidity and mortality in Nepal. Since legalization in 2002, more than 1,200 providers have been trained and 487 sites have been certified for the provision of safe abortion services. Little is known about health care workers' views on abortion legalization, such as their perceptions of women seeking abortion and the implications of legalization for abortion-related health care. To complement a quantitative study of the health effects of abortion legalization in Nepal, we conducted 35 in-depth interviews with physicians, nurses, counsellors and hospital administrators involved in abortion care and post-abortion complication treatment services at four major government hospitals. Thematic analysis techniques were used to analyze the data. Overall, participants had positive views of abortion legalization - many believed the severity of abortion complications had declined, contributing to lower maternal mortality and morbidity in the country. A number of participants indicated that the proportion of women obtaining abortion services from approved health facilities was increasing; however, others noted an increase in the number of women using unregulated medicines for abortion, contributing to rising complications. Some providers held negative judgments about abortion patients, including their reasons for abortion. Unmarried women were subject to especially strong negative perceptions. A few of the health workers felt that the law change was encouraging unmarried sexual activity and carelessness around pregnancy prevention and abortion, and that repeat abortion was becoming a problem. Many providers believed that although patients were less fearful than before legalization, they remained hesitant to disclose a history of induced abortion for fear of judgment or mistreatment. Providers were generally positive about the implications of abortion legalization for the country and for women. A focus on family planning

  5. Local Government System in Japan

    Directory of Open Access Journals (Sweden)

    Vladimir V. Redko

    2016-12-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Dauk, W

    1983-01-01

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

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

    International Nuclear Information System (INIS)

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

    2002-01-01

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

  8. Design Principles for E-Government Architectures

    Science.gov (United States)

    Sandoz, Alain

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

  9. Legal terminology in African languages | Alberts | Lexikos

    African Journals Online (AJOL)

    Various aspects regarding the present project (such as financing, time-schedule, training and terminological problems encountered) are treated. Keywords: legal terminology, sociolinguistic factors, terminology development, african languages, indigenous languages, multilingualism, subject fields, terminology, translation, ...

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

    International Nuclear Information System (INIS)

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

    2006-01-01

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

  11. “Sometimes they used to whisper in our ears”: health care workers’ perceptions of the effects of abortion legalization in Nepal

    Science.gov (United States)

    2012-01-01

    Background Unsafe abortion has been a significant cause of maternal morbidity and mortality in Nepal. Since legalization in 2002, more than 1,200 providers have been trained and 487 sites have been certified for the provision of safe abortion services. Little is known about health care workers’ views on abortion legalization, such as their perceptions of women seeking abortion and the implications of legalization for abortion-related health care. Methods To complement a quantitative study of the health effects of abortion legalization in Nepal, we conducted 35 in-depth interviews with physicians, nurses, counsellors and hospital administrators involved in abortion care and post-abortion complication treatment services at four major government hospitals. Thematic analysis techniques were used to analyze the data. Results Overall, participants had positive views of abortion legalization – many believed the severity of abortion complications had declined, contributing to lower maternal mortality and morbidity in the country. A number of participants indicated that the proportion of women obtaining abortion services from approved health facilities was increasing; however, others noted an increase in the number of women using unregulated medicines for abortion, contributing to rising complications. Some providers held negative judgments about abortion patients, including their reasons for abortion. Unmarried women were subject to especially strong negative perceptions. A few of the health workers felt that the law change was encouraging unmarried sexual activity and carelessness around pregnancy prevention and abortion, and that repeat abortion was becoming a problem. Many providers believed that although patients were less fearful than before legalization, they remained hesitant to disclose a history of induced abortion for fear of judgment or mistreatment. Conclusions Providers were generally positive about the implications of abortion legalization for the country

  12. Hard and Soft Governance

    DEFF Research Database (Denmark)

    Moos, Lejf

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

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

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

    National Research Council Canada - National Science Library

    Moe, Ronald C; Kosar, Kevin R

    2005-01-01

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

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

    Science.gov (United States)

    Hall, Julia, Ed.; And Others

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

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

    Science.gov (United States)

    Montana Commission on Post-Secondary Education, Helena.

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

  17. 38 CFR 21.299 - Use of Government facilities for on-job training or work experience at no or nominal pay.

    Science.gov (United States)

    2010-07-01

    ... facilities for on-job training or work experience at no or nominal pay. 21.299 Section 21.299 Pensions... Selection § 21.299 Use of Government facilities for on-job training or work experience at no or nominal pay.... L. 100-689) (b) Employment status of veterans. (1) While pursuing on-job training or work experience...

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

    African Journals Online (AJOL)

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

  19. 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...

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

    Directory of Open Access Journals (Sweden)

    Alavi Hamed

    2016-06-01

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

  1. Business, Government and Foreign Policy: Brazilian Construction Firms Abroad

    Directory of Open Access Journals (Sweden)

    Bernardo Frossard Silva Rego

    2017-04-01

    Full Text Available This article analyses the interaction between Brazilian companies and government in the context of foreign policy, observing the state's support for the internationalization of large Brazilian civil construction firms. The results show that over the years these companies had privileged access to the Federal Executive, including civil service agencies. One consequence of this system of channelling demands through the Executive was to demote the Legislative branch to a secondary role. This pattern of interaction changed following the restoration of Congress's decision-making capacity, prompting the sector to diversify its areas of influence, focusing in particular on the Congress. To expand internationally, construction firms interact with the government primarily through the Executive, specifically via the Ministry of Foreign Affairs (Itamaraty, which provides technical and diplomatic support, and the Banco Nacional de Desenvolvimento Econômico, which supplies funding. The main argument of this article is that foreign policy should be examined through the relations between state and non-state actors in a multitude of decision-making arenas, taking into consideration both domestic and international factors.

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

    NARCIS (Netherlands)

    Bijlmakers, Stephanie

    2017-01-01

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

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

    OpenAIRE

    Stephanie Lake; Thomas Kerr

    2017-01-01

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

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

    Science.gov (United States)

    Bear, Daniel

    2017-04-01

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

  5. Soft law as a new mode of governance

    OpenAIRE

    Peters, Anne

    2011-01-01

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

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

    Science.gov (United States)

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

    2012-07-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

  8. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

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

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

    Science.gov (United States)

    Saint, William

    2009-01-01

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

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

    African Journals Online (AJOL)

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

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

    NARCIS (Netherlands)

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

    2012-01-01

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

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

    Science.gov (United States)

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

    2018-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Kerstin Mechlem

    2016-08-01

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

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

    NARCIS (Netherlands)

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

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Aan Aswari

    2017-05-01

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

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

    Science.gov (United States)

    Zocchetti, D.

    2007-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Yeni Salma Barlinti

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Brian C. Chaffin

    2014-09-01

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

  19. 76 FR 23541 - Proposed Information Collection; Comment Request; Government Units Survey

    Science.gov (United States)

    2011-04-27

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

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

    African Journals Online (AJOL)

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

  1. Representative Democracy in Australian Local Government

    Directory of Open Access Journals (Sweden)

    Colin Hearfield

    2009-01-01

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

  2. Legal provisions governing gaseous effluents radiological monitoring

    International Nuclear Information System (INIS)

    Winkelmann, I.

    1985-01-01

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

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

    International Nuclear Information System (INIS)

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

    2016-01-01

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

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

    International Nuclear Information System (INIS)

    Sugawara, Shin-etsu; Shiroyama, Hideaki

    2011-01-01

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

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

    Science.gov (United States)

    Bennett, B

    2009-03-01

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

  6. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

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

    2015-01-01

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

  7. Le discours diplomatique dans la correspondance franco-allemande 1871-1914 The diplomatic discourse in the correspondence between France and Germany from 1870 to 1914

    Directory of Open Access Journals (Sweden)

    Sivan Cohen-Wiesenfeld

    2008-09-01

    crise internationale.This paper describes the characteristics of the diplomatic discourse between France and Germany from 1870 to the First World War through the analysis of a corpus of diplomatic correspondence. The latter is divided into two main genres: the letters exchanged between foreign ministries and ambassadors, and the correspondence between states. These two genres reflect different socio-discursive practices and aim at different objectives; their main common point is the role played by the ambassador as the central axis of the communication. Although very formal and distanced in order to preserve international harmony, the notes between states are strongly argumentative texts which crystallize antagonist positions and express subjective points of view “masked” by rational arguments. Diplomatic reports, in spite of their generic constraints, have high relational stakes, and leave considerable room to self-presentation, or the construction of ethos. The concomitant analysis of these two forms of diplomatic correspondence enlightens the way diplomatic exchanges work at this period and helps to understand the evolution of the discursive interaction between the two involved states. Beyond this distinction between genres, some constitutive features of diplomatic discourse can be identified. Because it must reconcile antithetical aims such as defense of national interests and preservation of international peace, diplomatic discourse has to use linguistic forms that are oblique and implicit. It also recurs to ritualized exchanges in order to save the territory and the “face” of nations. Identity borders between national egos can be perceived as well in the materiality of the discourse, especially during periods of international crisis.

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

    International Nuclear Information System (INIS)

    McDermott, Constance L.

    2014-01-01

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

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

    Science.gov (United States)

    Castro, Paula; Mouro, Carla

    2011-06-01

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

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

    Science.gov (United States)

    Walls, Helen L; Ooms, Gorik

    2017-05-20

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

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

    Directory of Open Access Journals (Sweden)

    TARASENKO, Elena

    2013-11-01

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

  12. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

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

  13. Prospects and Challenges of Corporate Governance in Ghana

    OpenAIRE

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

    2013-01-01

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

  14. Governance Structure, Product Diversification, and Performance

    NARCIS (Netherlands)

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

    2002-01-01

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

  15. A systematic review of social, economic and diplomatic aspects of short-term medical missions.

    Science.gov (United States)

    Caldron, Paul H; Impens, Ann; Pavlova, Milena; Groot, Wim

    2015-09-15

    Short-term medical missions (STMMs) represent a grass-roots form of aid, transferring medical services rather than funds or equipment. The objective of this paper is to review empirical studies on social, economic and diplomatic aspects of STMMs. A systematic literature review was conducted by searching PubMed and EBSCOhost for articles published from 1947-2014 about medical missions to lower and middle income countries (LMICs). Publications focused on military, disaster and dental service trips were excluded. A data extraction process was used to identify publications relevant to our objective stated above. PubMed and EBSCOhost searches provided 4138 and 3262 articles respectively for review. Most articles that provide useful information have appeared in the current millennium and are found in focused surgical journals. Little attention is paid to aspects of volunteerism, altruism and philanthropy related to STMM activity in the literature reviewed (1 article). Evidence of professionalization remains scarce, although elements including guidelines and tactical instructions have been emerging (27 articles). Information on costs (10 articles) and commentary on the relevance of market forces (1 article) are limited. Analyses of spill-over effects, i.e., changing attitudes of physicians or their communities towards aid, and characterizations of STMMs as meaningful foreign aid or strategic diplomacy are few (4 articles). The literature on key social, economic and diplomatic aspects of STMMs and their consequences is sparse. Guidelines, tactical instructions and attempts at outcome measures are emerging that may better professionalize the otherwise unregulated activity. A broader discussion of these key aspects may lead to improved accountability and intercultural professionalism to accompany medical professionalism in STMM activity.

  16. Emergency Victim Care. A Training Manual for Emergency Medical Technicians. Module 2. Equipment, Safe Driving Practices, Legal Aspects, Controlling the Situation, Action Evaluation Conference. Revised.

    Science.gov (United States)

    Ohio State Dept. of Education, Columbus. Div. of Vocational Education.

    This student manual, the second in a set of 14 modules, is designed to train emergency medical technicians (EMTs) in Ohio. The module contains five sections that cover the following course content: ambulance equipment, safe driving practices for emergency vehicle drivers, legal aspects of the EMT's job, how to maintain control at an accident scene…

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

    Directory of Open Access Journals (Sweden)

    Ángel Ibáñez

    2013-05-01

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

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

    OpenAIRE

    Piotr Kozarzewski

    2006-01-01

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

  19. In Search of Legal Foundation for Indonesian Family Firms

    Directory of Open Access Journals (Sweden)

    Yetty Komalasari Dewi

    2016-08-01

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

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

    NARCIS (Netherlands)

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

    2013-01-01

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

  1. Russian Chronicles and Diplomatic Documents on the Moscow-Crimean-Kazan Relations at the end of the 15th – the first half of the 16th centuries

    Directory of Open Access Journals (Sweden)

    A.V. Aksanov

    2016-12-01

    Full Text Available Research objective: The article analyzes chronicles’ and diplomatic information about joining of the Kazan Khanate to the Moscow-Crimean alliance in 1487, about the joint actions of these three states against the Great Horde in 1491–1492 and about the Moscow-Crimean-Kazan peace negotiations of 1537–1542. Research materials: Special attention is given to inconsistencies in the sources that often has not been considered in the historiography. In official chronicles the campaign of 1487 marks the submission of Kazan. Whereas diplomatic documents represent the expedition of the Moscow troops of 1487 as the military aid of Ivan III to the khan Mahomed-Amin in his struggle for the Kazan throne. According to official chronicles, in 1491 the Kazan khan warred against the Horde on the side of the Crimea by the order of the Moscow sovereign. In turn, in the Novgorod chronicle the campaign of 1491 is represented as the act of the help of Ivan III to the sultan Satylgan and khan Mahomed-Amin in their fight against the Great Horde. The data of diplomatic documents are consistent with the estimate of the Novgorod chronicle. Research results and novelty: Therefore, it can be assumed that Mahomed-Amin participated in the war against the Great Horde as he was in allied relations with Moscow and the Crimea. Diplomatic documents confirm the point of view of official chroniclers of rather intermediary role of the Crimean khan in the Moscow-Kazan negotiations of 1537–1542. Thus, they display a completely different character of the relations between Moscow, the Crimea and Kazan. The Moscow boyars demanded from the Kazan khan to recognize the supremacy of the Moscow sovereign. In turn, the governors of the Crimea and Kazan called for equal relations. Possibly, this contradiction was the main reason for a failure of the peace negotiations.

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

    International Nuclear Information System (INIS)

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

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marcin Tyniewicki

    2014-03-01

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

  4. LEGAL CONSCIOUSNESS OF YOUTH IN CONDITIONS OF VOCATIONAL EDUCATION: PROBLEMS AND SOLUTIONS

    Directory of Open Access Journals (Sweden)

    R. R. Kalinina

    2014-10-01

    Full Text Available Goal: to study peculiarities of legal consciousness among youth in conditions of vocational education in legal and non-legal fields.Methods and practices: empirical (Assessing moral development: dilemmas by L. Kohlberg, Practice of self-analysis diagnostics by A.V. Karpov, Test on legal and civic consciousness by L.A. Yasyukova, “Level of Subjective Control” methodology by E.F. Bazhin et al. and mathematical and statistical methods (descriptive, comparative, and cluster analyses.Result: Peculiarities of contents in legal consciousness and its regulatory function in students of legal and non-legal programs were identified. Three types of students were determined: those with non-formed legal consciousness, with formed legal consciousness and with formal legal consciousness; main directions for psychological and pedagogical work in the university to develop adequate legal consciousness in students of various fields were set.Applicability of results: results of the research can be applied when developing elective courses, extracurricular activities, strategy for character-building work of the university, both in training lawyers and other professionals.

  5. [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.

  6. “Sometimes they used to whisper in our ears”: health care workers’ perceptions of the effects of abortion legalization in Nepal

    Directory of Open Access Journals (Sweden)

    Puri Mahesh

    2012-04-01

    Full Text Available Abstract Background Unsafe abortion has been a significant cause of maternal morbidity and mortality in Nepal. Since legalization in 2002, more than 1,200 providers have been trained and 487 sites have been certified for the provision of safe abortion services. Little is known about health care workers’ views on abortion legalization, such as their perceptions of women seeking abortion and the implications of legalization for abortion-related health care. Methods To complement a quantitative study of the health effects of abortion legalization in Nepal, we conducted 35 in-depth interviews with physicians, nurses, counsellors and hospital administrators involved in abortion care and post-abortion complication treatment services at four major government hospitals. Thematic analysis techniques were used to analyze the data. Results Overall, participants had positive views of abortion legalization – many believed the severity of abortion complications had declined, contributing to lower maternal mortality and morbidity in the country. A number of participants indicated that the proportion of women obtaining abortion services from approved health facilities was increasing; however, others noted an increase in the number of women using unregulated medicines for abortion, contributing to rising complications. Some providers held negative judgments about abortion patients, including their reasons for abortion. Unmarried women were subject to especially strong negative perceptions. A few of the health workers felt that the law change was encouraging unmarried sexual activity and carelessness around pregnancy prevention and abortion, and that repeat abortion was becoming a problem. Many providers believed that although patients were less fearful than before legalization, they remained hesitant to disclose a history of induced abortion for fear of judgment or mistreatment. Conclusions Providers were generally positive about the implications of abortion

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

    Science.gov (United States)

    Fisher, David

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Abubakar A Bakari

    2012-01-01

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

  9. A Study on the Information Analysis and Legal Affairs

    International Nuclear Information System (INIS)

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

    2009-02-01

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

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

    International Nuclear Information System (INIS)

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

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Mohammad Hajizadeh

    2016-08-01

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

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

    Science.gov (United States)

    Hajizadeh, Mohammad

    2016-05-25

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

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

    Science.gov (United States)

    Wienroth, Matthias; Morling, Niels; Williams, Robin

    2014-01-01

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

  14. European Union Legal Methods - Moving Away From Integration

    NARCIS (Netherlands)

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

    2013-01-01

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

  15. Legal Aspects of Teaching Music Students with Disabilities

    Science.gov (United States)

    Crockett, Jean B.

    2017-01-01

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

  16. Local Government in the South Pacific Islands

    Directory of Open Access Journals (Sweden)

    Graham Hassall

    2008-04-01

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

  17. CORPORATE GOVERNANCE IN ROMANIA. EVOLUTION AND PERSPECTIVES

    Directory of Open Access Journals (Sweden)

    BUȘAN GABRIELA

    2015-03-01

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

  18. Public health legal preparedness in Indian country.

    Science.gov (United States)

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

    2009-04-01

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

  19. Epilepsy: legal discrimination from negative to positive.

    Science.gov (United States)

    Mani, K S

    1997-01-01

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

  20. Some ideas about remote legal education in Ukraine

    Directory of Open Access Journals (Sweden)

    Haraberjush Ivan Fedorovych

    2018-04-01

    Full Text Available The article displays the features of remote training as an independent form in the system of higher education in Ukraine. The author also allocates the features of formation of distant learning system and considers possibilities of using this form in legal education in Ukraine. The article defines the categories of graduate lawyers for whose training the distant learning system based on the advanced information technologies is the most effective one.

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

    International Nuclear Information System (INIS)

    Zwetkoff, C.

    2004-01-01

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

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

    International Nuclear Information System (INIS)

    Lavrijssen, S.A.C.M.

    2004-01-01

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

  3. How reliable are forensic evaluations of legal sanity?

    Science.gov (United States)

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

    2013-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Bykov Aleksandr V.

    2018-03-01

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

  5. Transfer Learning for OCRopus Model Training on Early Printed Books

    Directory of Open Access Journals (Sweden)

    Christian Reul

    2017-12-01

    Full Text Available A method is presented that significantly reduces the character error rates for OCR text obtained from OCRopus models trained on early printed books when only small amounts of diplomatic transcriptions are available. This is achieved by building from already existing models during training instead of starting from scratch. To overcome the discrepancies between the set of characters of the pretrained model and the additional ground truth the OCRopus code is adapted to allow for alphabet expansion or reduction. The character set is now capable of flexibly adding and deleting characters from the pretrained alphabet when an existing model is loaded. For our experiments we use a self-trained mixed model on early Latin prints and the two standard OCRopus models on modern English and German Fraktur texts. The evaluation on seven early printed books showed that training from the Latin mixed model reduces the average amount of errors by 43% and 26%, compared to training from scratch with 60 and 150 lines of ground truth, respectively. Furthermore, it is shown that even building from mixed models trained on standard data unrelated to the newly added training and test data can lead to significantly improved recognition results.

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

    Science.gov (United States)

    Pomeranz, Jennifer L; Brownell, Kelly D

    2008-09-01

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

  7. LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

    Directory of Open Access Journals (Sweden)

    Edina Šehrić

    2016-09-01

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

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

    NARCIS (Netherlands)

    Lammers, Imke; Heldeweg, Michiel A.

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Stef Vandeginste

    2016-01-01

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

  10. EMPLOYEES’ RIGHTS IN THE CORPORATE GOVERNANCE CONTEXT

    Directory of Open Access Journals (Sweden)

    Andrei Emil Moise

    2014-11-01

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

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

    National Research Council Canada - National Science Library

    Kaye, Jane

    2012-01-01

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

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

    DEFF Research Database (Denmark)

    Valkanou, Theodora; Mitkidis, Katerina

    2018-01-01

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

  13. A política africana do governo Lula: (2003-2006 The Lula government's African policy: (2003-2006

    Directory of Open Access Journals (Sweden)

    Cláudio Oliveira Ribeiro

    2009-01-01

    Full Text Available O artigo analisa as relações Brasil-África entre 2003 e 2006, procurando demonstrar que a eleição de Luiz Inácio Lula da Silva trouxe nova dinâmica às relações do Brasil com o continente africano. O discurso e a prática diplomática deste governo convergem para a construção de alianças preferenciais com parceiros no âmbito das relações Sul-Sul. Nesse contexto, defende-se que África do Sul, Angola e Nigéria são parceiros políticos e econômicos essenciais à estratégia diplomática brasileira para o continente africano.The article analyzes Brazil-Africa relations between 2003 and 2006, aiming to demonstrate that the election of Luiz Inácio Lula da Silva injected a new dynamic to Brazil's relations with the African continent. The discourse and diplomatic practice of the Lula government have combined to help build preferential alliances with partners within the arena of South-South relations. In this context the text argues that South Africa, Angola and Nigeria are essential political and economic partners in Brazil's diplomatic strategy for the African continent.

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

    Science.gov (United States)

    Moos, Lejf

    2009-01-01

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

  15. The Holy See.

    Science.gov (United States)

    1987-03-01

    Focus in this discussion of the Holy See is on geography, the people, history, government and institutions, foreign relations, and relations with the US and the Holy See. Vatican City occupies 0.439 square kilometers (109 acres). Some 1000 individuals live within the Vatican's walls, most of whom are Italian or Swiss by nationality. Vatican citizenship usually is accorded only to those who reside in Vatican City by reason of office or employment and, with certain restrictions, to their families. The Pope delegates the internal administration of Vatican City to the Pontifical Commission for the State of the Vatican City, headed by the Cardinal Secretary of State. The legal system is based on canon law or the laws of the city of Rome. On February 11, 1929, the Holy See and the Italian government signed 3 agreements regulating a dispute since 1871 about the Law of Guarantees, law which sought to assure the Pope's spiritual freedom, an income, and special status for the Vatican area. The agreements include: a treaty recognizing the independence and sovereignty of the Holy See and creating the State of the Vatican City; a concordat fixing the relations between the government and the church within Italy; and a financial convention providing the Holy See with compensation for its losses in 1870. The Pope, at this time John Paul II, exercises supreme legislative, executive, and judicial power over the Holy See and within the State of the Vatican City. The Pope rules the Holy See through the Roman Curia and Papal Civil Service, which staffs it. The Holy See, which carries on an active diplomacy of considerable scope and variety, is particularly active diplomatically in international organizations. The US maintained consular relations with the Papal States from 1797-1870 and diplomatic relations with the Pope in his capacity as head of the Papal States. These relations lapsed with the final loss of all papal territories in 1870. In 1984, the US and the Holy See announced the

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

    NARCIS (Netherlands)

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

    2013-01-01

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

  17. Argumentation in Legal Reasoning

    Science.gov (United States)

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

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

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

    Directory of Open Access Journals (Sweden)

    Stephanie Lake

    2017-05-01

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

  19. The contribution of the International Atomic Energy Agency to peace and development. Address at the Diplomatic Academy conference, Lima, Peru, 20 October 1999

    International Nuclear Information System (INIS)

    ElBaradei, M.

    1999-01-01

    In his address at the Diplomatic Academy Conference (Lima, Peru, 20 October 1999), the Director General of the IAEA described the role of the IAEA and its contribution to peace and development, focussing in four areas: technology transfer, nuclear power and sustainable energy development, nuclear safety, and the Agency's verification system

  20. Legal requirements governing proxy voting in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2008-01-01

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

  1. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

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

    Science.gov (United States)

    Magnusson, Roger S; Patterson, David

    2014-06-05

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

  3. 42 CFR 56.304 - Governing board.

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

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

    2009-01-01

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

  5. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

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

  6. GOVERNMENT QUALITY; PROFESSIONALIZE THE SERVICE

    OpenAIRE

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

    2017-01-01

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

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

    Science.gov (United States)

    Kapczynski, Amy; Kesselheim, Aaron S

    2016-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Ivan Zuenko

    2017-01-01

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

  9. IMPERATIVES OF THE INTERNATIONAL POLITICAL AND LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2016-08-01

    Full Text Available In this paper, we intend to discuss a topic of particular importance, given that it addresses the imperatives of international political and legal order, as they appear in the light of current international law. It is an issue of great complexity, of very wide current interest because the international law that establishes and maintains an international legal order is a real energetic factor of organization of international community life. So viewed, the rules of international nature respond to the current acute need of founding the relations in this field and of meeting the common needs of the members of international society. We considered that by comparison with the internal legal order reflecting the health inscribed in this order, the international legal order is influenced by the structuring and training of the mondial community. Therefore we shall insist on the principal model of organizing international life – the state – to be viewed and analyzed in a double perspective: as an internal sovereign authority and as an actor on the scene of international life. In both instances, the state provides the foundation of legal order (domestic or international for that law has always been the expression of the state wish.

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

    Directory of Open Access Journals (Sweden)

    Yucel Ogurlu

    2015-01-01

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

  11. Global Governance Mechanisms to Address Antimicrobial Resistance.

    Science.gov (United States)

    Padiyara, Ponnu; Inoue, Hajime; Sprenger, Marc

    2018-01-01

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

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

    NARCIS (Netherlands)

    Chowdhury, Nupur; Wessel, Ramses A.

    2012-01-01

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

  13. A Conceptual Model for the Sustainable Governance of Integrated Management of National Water Resources with a Focus on Training and Capacity Building

    Directory of Open Access Journals (Sweden)

    Alaleh Ghaemi

    2017-09-01

    Full Text Available The instabilities over the past two decades in governing water resources have led to the need for an integrated approach to the problem. Moreover, the decent and sustainable governance of water resources has come to be recognized as the supplement to the integrated management of water resources. The present study strives to develop a conceptual model of water reources sustainable governance with emphasis on training and capacity-building. For this purpose, expert views presented to different international meetings and world conferences on water were reviewed to develop a comprehensive and all-embracuing conceptual model of sustainable governance for the integrated management of water resources with a focus on training and capacity-building. In a second stage of the study, both internationally published literature and the regulatory documents on water management approved at the national level were consulted to derive appropriate standards, criteria, and indicators for the implementation of the proposed conceptual model. The relevance of these indicators was validated by soliciting expert views while their stability was calculated via the Cronbach’s alpha formula to be 0.94. The third stage of the study involved the ranking and gradation of the indicators using the relevant software in a fuzzy decision-making environment based on interviews with 110 senior water executives, academics working in the field, senior agricultural managers, water experts in local communities, and NGO activists. The emerging model finally consisted of 9 criteria and 52 indicators, amongst which the criterion of public participation and the indicator of training and capacity-building won the highest scores. It may be claimed that the proposed conceptual model is quite relevant and adapted to the sustainable governance presently sought. The key roles in this model are played by public participation as well as training and capacity building that must be on the priority

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

    International Nuclear Information System (INIS)

    Amil Mardha

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2014-03-01

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

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

    African Journals Online (AJOL)

    Jonathan

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

  17. 76 FR 50272 - West, A Thomson Reuters Business, Thomson Reuters Legal Division, Including On-Site Leased...

    Science.gov (United States)

    2011-08-12

    ... DEPARTMENT OF LABOR Employment and Training Administration [TA-W-75,099] West, A Thomson Reuters Business, Thomson Reuters Legal Division, Including On-Site Leased Workers From Adecco, Albuquerque, New... former workers of West, A Thomson Reuters Business, Thomson Reuters Legal Division, including On-Site...

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

    Directory of Open Access Journals (Sweden)

    В. В. Сухонос

    2015-11-01

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

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

    DEFF Research Database (Denmark)

    Elewa Badar, Mohamed; Marchuk, Iryna

    2013-01-01

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

  20. Maritime Governance and Policy-Making

    CERN Document Server

    Roe, Michael

    2013-01-01

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

  1. POLICY DEVELOPMENT TRAINING AND EDUCATION RESOURCES TO REFORM THE LOCAL GOVERNMENT DISTRICT OF MAKASSAR SIDENRENG RAPPANG

    Directory of Open Access Journals (Sweden)

    Syamsuddin Maldun

    2015-02-01

    Full Text Available This research aims to know and study the strategy of resource development policy reform of local government district of Makassar Sidenreng Rappang. The research method used is descriptive qualitative study type, while the phenomenological approach is used. This is intended to give description in a systematic, factual and actual response object is examined. Results of the research implementation of education and training is not conducted in a planned and timely to get quality apparatus of the abilities, knowledge, skills, expertise, and job skills, as well as a good mental attitude, and optimal performance. Whereas in the era of regional autonomy, it takes the resources of local government apparatus that is intelligent and responsive to the needs of an increasingly complex society services. 

  2. Corporate governance in Czech hospitals after the transformation.

    Science.gov (United States)

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

    2015-08-01

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

  3. AUDIT REPORTING AND CORPORATE GOVERNANCE: LINKS AND IMPLICATIONS

    OpenAIRE

    George Silviu CORDOȘ; Melinda Times FÜLÖP

    2014-01-01

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

  4. 75 FR 33734 - Regulations Affecting Publication of the United States Government Manual

    Science.gov (United States)

    2010-06-15

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

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

    Directory of Open Access Journals (Sweden)

    Francisco Glauber Pessoa Alves

    2017-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Evgeniy Moiseevich Bukhvald

    2016-12-01

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

  7. The Order of Protection in the Romanian Legal System

    Directory of Open Access Journals (Sweden)

    Natalia Saharov

    2015-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Alexander Larichev

    2017-01-01

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

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

    OpenAIRE

    John A. Bottega; Linda F. Powell

    2011-01-01

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

  10. Project governance: "Schools of thought"

    Directory of Open Access Journals (Sweden)

    Michiel Christiaan Bekker

    2014-02-01

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

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

    Science.gov (United States)

    2014-05-01

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

  12. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

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

    2012-11-01

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

  13. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

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

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

    Science.gov (United States)

    Lake, Stephanie; Kerr, Thomas

    2016-09-10

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

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

    OpenAIRE

    Heldreth, Steven E.

    1994-01-01

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

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

    Science.gov (United States)

    Forman, Lisa

    2017-10-02

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

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

    Science.gov (United States)

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

    2015-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Joe-Steve Annan

    2015-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Levan T. Chikhladze

    2015-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

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

    Science.gov (United States)

    2018-01-01

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

  3. How well do we prepare pediatric radiologists regarding child abuse? Results of a survey of recently trained fellows

    International Nuclear Information System (INIS)

    Pennington, Debra J.; Lonergan, Gael J.; Mendelson, Kenneth L.

    2004-01-01

    Pediatric radiologists serve an important role in the radiologic diagnosis, investigation, and in legal proceedings in cases of child abuse. The Society for Pediatric Radiology should evaluate and insure the adequacy of training of pediatric radiologists for this important role. The Society for Pediatric Radiology Committee on Child Abuse, 2002, conducted a 24-question survey to evaluate the scope and perceived adequacy of training received by pediatric radiology fellows regarding the radiologic diagnosis of child abuse and the associated legal process. Eighty-four surveys were mailed to radiologists who had completed a year in pediatric radiology fellowship training during the years 1999 and 2000. There were 33 surveys returned for an overall response of 39%. Respondents' perception of adequacy of training was best for the radiologic diagnosis of child abuse. The majority perceived they were not well trained in the investigative and legal processes regarding child abuse. The majority would welcome standardized training. Current pediatric radiology training programs do not sufficiently prepare pediatric radiologists for their role in the legal system regarding child abuse. A standardized program to train pediatric radiologists about the imaging diagnosis of child abuse and their role in the legal system is recommended. (orig.)

  4. How well do we prepare pediatric radiologists regarding child abuse? Results of a survey of recently trained fellows

    Energy Technology Data Exchange (ETDEWEB)

    Pennington, Debra J.; Lonergan, Gael J. [Austin Radiological Association, 6101 West Courtyard Drive, Bldg. 5, TX 78730, Austin (United States); Mendelson, Kenneth L. [South Shore Hospital, Weymouth, Massachusetts (United States)

    2004-01-01

    Pediatric radiologists serve an important role in the radiologic diagnosis, investigation, and in legal proceedings in cases of child abuse. The Society for Pediatric Radiology should evaluate and insure the adequacy of training of pediatric radiologists for this important role. The Society for Pediatric Radiology Committee on Child Abuse, 2002, conducted a 24-question survey to evaluate the scope and perceived adequacy of training received by pediatric radiology fellows regarding the radiologic diagnosis of child abuse and the associated legal process. Eighty-four surveys were mailed to radiologists who had completed a year in pediatric radiology fellowship training during the years 1999 and 2000. There were 33 surveys returned for an overall response of 39%. Respondents' perception of adequacy of training was best for the radiologic diagnosis of child abuse. The majority perceived they were not well trained in the investigative and legal processes regarding child abuse. The majority would welcome standardized training. Current pediatric radiology training programs do not sufficiently prepare pediatric radiologists for their role in the legal system regarding child abuse. A standardized program to train pediatric radiologists about the imaging diagnosis of child abuse and their role in the legal system is recommended. (orig.)

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

    Directory of Open Access Journals (Sweden)

    VIOLETA KIURIENÉ

    2015-12-01

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

  6. International Legal Realities of Migrant Labour Rights

    Directory of Open Access Journals (Sweden)

    Giovanni Di Lieto

    2015-11-01

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

  7. Legal and ethical issues in robotic surgery.

    Science.gov (United States)

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

    2010-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Santiago Abel Amietta

    2011-01-01

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

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

    NARCIS (Netherlands)

    Tijhuis, Antonius Johannes Gerhardus

    2006-01-01

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

  10. Non-clinicians' judgments about asylum seekers' mental health: how do legal representatives of asylum seekers decide when to request medico-legal reports?

    Science.gov (United States)

    Wilson-Shaw, Lucy; Pistrang, Nancy; Herlihy, Jane

    2012-01-01

    Procedures for determining refugee status across Europe are being speeded up, despite the high prevalence of mental health difficulties among asylum seekers. An assurance given is that ''vulnerable applicants'' will be identified and excluded from accelerated procedures. Although experts have recommended assessments to be undertaken by experienced clinicians, this is unlikely to happen for political and financial reasons. Understanding how non-clinically qualified personnel perform assessments of mental health issues is timely and crucial. Misrecognition of refugees due to the inappropriate use of accelerated procedures involves the risk of returning the very people who have the right to protection from further persecution. To examine the decision making of immigration lawyers, who are an example of a group of nonclinicians who decide when and whether to refer asylum-seekers for psychiatric assessment. Semi-structured interviews were conducted with 12 legal representatives working with people seeking refugee or human rights protection in the United Kingdom. The resultant material was analysed using Framework Analysis. Themes clustered around the legal case, the client, the representative and the systems, all with sub-themes. A mapping exercise integrated these themes to show how representatives brought together questions of (1) evidential reasons for a report, influenced by their legal, psychological and case law knowledge, and (2) perceived evidence of mental distress, influenced by professional and personal experiences and expectations. The legal representatives interviewed were well-informed and trained in psychological issues as well as clearly dedicated to their clients. This helped them to attempt quasi-diagnoses of common mental health problems. They nonetheless demonstrated stereotypical understanding of post-traumatic stress disorder and other possible diagnoses and the role of subjectivity. The study has implications for other groups - particularly those

  11. Non-clinicians’ judgments about asylum seekers’ mental health: how do legal representatives of asylum seekers decide when to request medico-legal reports?

    Directory of Open Access Journals (Sweden)

    Lucy Wilson-Shaw

    2012-10-01

    Full Text Available Background : Procedures for determining refugee status across Europe are being speeded up, despite the high prevalence of mental health difficulties among asylum seekers. An assurance given is that ‘‘vulnerable applicants’’ will be identified and excluded from accelerated procedures. Although experts have recommended assessments to be undertaken by experienced clinicians, this is unlikely to happen for political and financial reasons. Understanding how non-clinically qualified personnel perform assessments of mental health issues is timely and crucial. Misrecognition of refugees due to the inappropriate use of accelerated procedures involves the risk of returning the very people who have the right to protection from further persecution. Objective : To examine the decision making of immigration lawyers, who are an example of a group of nonclinicians who decide when and whether to refer asylum-seekers for psychiatric assessment. Method : Semi-structured interviews were conducted with 12 legal representatives working with people seeking refugee or human rights protection in the United Kingdom. The resultant material was analysed using Framework Analysis. Results : Themes clustered around the legal case, the client, the representative and the systems, all with sub-themes. A mapping exercise integrated these themes to show how representatives brought together questions of (1 evidential reasons for a report, influenced by their legal, psychological and case law knowledge, and (2 perceived evidence of mental distress, influenced by professional and personal experiences and expectations. Conclusions : The legal representatives interviewed were well-informed and trained in psychological issues as well as clearly dedicated to their clients. This helped them to attempt quasi-diagnoses of common mental health problems. They nonetheless demonstrated stereotypical understanding of post-traumatic stress disorder and other possible diagnoses and the

  12. Semantiz Structure of the Legal Term

    Directory of Open Access Journals (Sweden)

    Екатерина Владимировна Кулевская

    2016-12-01

    English and Russian law texts and polysemy of legal terms being explained. The research is based on legal terms represented in Oxford Advanced Learner’s Dictionary, New Large English-Russian Dictionary, English-Russian Comprehensive Law Dictionary and Black’s Law Dictionary. The study implements definitive, contextual, conceptual, and contrastive analyses. The results of the study may be used in lexicography, in teaching English to law students and in translation and interpreting training.

  13. Legal Understanding of "Quid Pro Quo" Sexual Harassment in Schools

    Science.gov (United States)

    Mahlangu, Vimbi Petrus

    2017-01-01

    This paper highlights legal understanding of quid pro quo sexual harassment in schools. Quid pro quo sexual harassment implies abuse of authority or position to gain something sexual. A duty of care rests on teachers, Schools Governing Bodies and the Department of Education to provide and maintain safe schools that are free from all forms of…

  14. Making Local Governance Work for Women: Exploring New ...

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

    Despite two decades of legal and policy measures to promote gender equality, women struggle to hold a legitimate place in government and democracy in most developing countries. Most are marginalized by poverty and traditional patriarchal societies. This often leaves them subject to technocratic top-down development ...

  15. The use of entire agreement clauses in contracts governed by Danish law

    DEFF Research Database (Denmark)

    Mitkidis, Katerina

    2017-01-01

    The article analyses the use of entire agreement (EA) clauses in contracts governed by Danish law. It (i) reviews the practice, based on interviews conducted with the representatives of Danish firms, judiciary and legal profession, (ii) analyses the implications of the practice under Danish...... contract law and related case law and (iii) offers recommendations on how EA clauses can be amended to minimise associated legal risks....

  16. Workshop on postgraduate training in nuclear medicine in Europe, Innsbruck, April 1984, sponsored by the Council of Europe, the Society of Nuclear Medicine Europe and the Medical Faculty of the University of Innsbruck

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

    The aims of the workshop were the following ones: 1) to give a definition of the actual status of Nuclear Medicine in Europe and existing postgraduate training programs, 2) to provide a training catalogue in Nuclear Medicine which must be realistic and yet adequate and which can be implemented in all Member states of the Council of Europe, 3) to achieve a conclusion which could serve as recommendation for the European authorities in Strasbourg and should hopefully lead to appropriate legal actions by the governments represented at the Council of Europe. (orig./MG)

  17. Merchant-Kings and Lords of the World: Diplomatic Gift-Exchange between the Dutch East India Company and the Safavid and Mughal Empires in the Seventeenth Century

    NARCIS (Netherlands)

    Birkenholz, Frank; Sowerby, Tracey A.; Hennings, Jan

    2017-01-01

    In 1652 the VOC ambassador Joan Cunaeus presented the Safavid Shah Abbas II with a set of diplomatic gifts including goods of Asian and European origin during an audience ceremony in the Ali Qapu palace in Isfahan. A decade later, VOC director Dircq van Adrichem offered the Mughal emperor Aurangzeb

  18. Legal Implications of Nuclear Propulsion for Space Objects

    Science.gov (United States)

    Pop, V.

    2002-01-01

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

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

    International Nuclear Information System (INIS)

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

    1992-01-01

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

  20. Legal consequences of the Chernobyl accident in the FRG

    International Nuclear Information System (INIS)

    1988-01-01

    The author considers that the Chernobyl accident was a challenge to lawmakers and lawyers. This paper reviews the different aspects under which it has tested the legal system governing the peaceful use of nuclear energy in the Federal Republic of Germany. In particular, regulations protecting the public from the dangers of ionizing radiation proved to be inadequate and had to be amended (NEA) [fr

  1. The New Legal Framework for Acquiring ‘Well-Known’ Status in China

    DEFF Research Database (Denmark)

    Xiao, Kaiyu; Barrett Christiansen, Claus; Elsmore, Matthew James

    2017-01-01

    In China there is a new legal framework governing the determination of ‘well-known’ trade mark status. In this article, we identify several substantive and procedural innovations as regards the new rules, as well as drawing attention to attendant Chinese peculiarities that are also worthy...... of attention. Our legal analysis comprises a mix of positive and constructive critique of current Chinese trade mark law and practice, and reveals that to understand the rules regarding well-known status demands close examination of the institutional set-up in China. The article’s aim is to detail the new...... provisions and to address whether the new legal framework signals, overall, a more coherent phase of Chinese trade mark law ahead for determining and concluding well-known trade mark status in China....

  2. 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....

  3. Understanding how social enterprises can benefit from supportive legal frameworks : a case study report on social enterpreneurial models in Greece

    NARCIS (Netherlands)

    Argyrou, A.a; Blomme, R.J.; Lambooy, T.E.; Kievit, H.

    2016-01-01

    This study aims to test how legal factors affect the corporate structure of a social enterprise. The current article focuses on the legal factor of governance as the decision-making power of stakeholders within the social enterprise. The authors conducted a case study and examined a major social

  4. Brexit and government procurement

    OpenAIRE

    Dawar, Kamala

    2017-01-01

    This briefing paper looks at some of the legal issues that will affect the UK’s public procurement laws and policies following Brexit. For, once the UK revokes the European Communities Act 1972, it will no longer be obligated to follow the EU Procurement Directives, nor will it be subject to the commitments the EU has signed up to on behalf of the UK in the WTO Government Procurement Agreement (GPA) and in Preferential Trade Agreements (PTAs). Additionally, under the Devolution Settlement of ...

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

    Directory of Open Access Journals (Sweden)

    Pierre Foy Valencia

    2013-12-01

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

  6. ANALISIS UNDANG-UNDANG PERLINDUNGAN TENAGA KERJA INDONESIA DI LUAR NEGERI

    Directory of Open Access Journals (Sweden)

    Ratih Probosiwi

    2015-10-01

    Full Text Available The number of problems of migrant workers has been bothering public conscience widely, ranging from cases of deportation, persecution, rape, and even death threats to the workers. The Government considered not doing its job in protecting the workers optimally especially in the diplomatic process. The workers do not have bargaining positionsteadilythat weaken them so that arose the case and issues of migrant workers abroad. UU PPTKILN which has been legalized since 2004 was less able to base the protection of migrant workers abroad. This encourages the study of policy analysis to the migrant workers protection and result the idea that the law (UU PPTKILN should be revised accordance with the Convention on Migrant Workers and regulate the rights and obligations of migrant workers in a comprehensive manner and uphold the dignity of workers. The government firmness needed to regulate and solve these problems not only inside but also outside (the destination countries of migrant workers.

  7. Better governance, better access: practising responsible data sharing in the METADAC governance infrastructure.

    Science.gov (United States)

    Murtagh, Madeleine J; Blell, Mwenza T; Butters, Olly W; Cowley, Lorraine; Dove, Edward S; Goodman, Alissa; Griggs, Rebecca L; Hall, Alison; Hallowell, Nina; Kumari, Meena; Mangino, Massimo; Maughan, Barbara; Mills, Melinda C; Minion, Joel T; Murphy, Tom; Prior, Gillian; Suderman, Matthew; Ring, Susan M; Rogers, Nina T; Roberts, Stephanie J; Van der Straeten, Catherine; Viney, Will; Wiltshire, Deborah; Wong, Andrew; Walker, Neil; Burton, Paul R

    2018-04-26

    Genomic and biosocial research data about individuals is rapidly proliferating, bringing the potential for novel opportunities for data integration and use. The scale, pace and novelty of these applications raise a number of urgent sociotechnical, ethical and legal questions, including optimal methods of data storage, management and access. Although the open science movement advocates unfettered access to research data, many of the UK's longitudinal cohort studies operate systems of managed data access, in which access is governed by legal and ethical agreements between stewards of research datasets and researchers wishing to make use of them. Amongst other things, these agreements aim to respect the reasonable expectations of the research participants who provided data and samples, as expressed in the consent process. Arguably, responsible data management and governance of data and sample use are foundational to the consent process in longitudinal studies and are an important source of trustworthiness in the eyes of those who contribute data to genomic and biosocial research. This paper presents an ethnographic case study exploring the foundational principles of a governance infrastructure for Managing Ethico-social, Technical and Administrative issues in Data ACcess (METADAC), which are operationalised through a committee known as the METADAC Access Committee. METADAC governs access to phenotype, genotype and 'omic' data and samples from five UK longitudinal studies. Using the example of METADAC, we argue that three key structural features are foundational for practising responsible data sharing: independence and transparency; interdisciplinarity; and participant-centric decision-making. We observe that the international research community is proactively working towards optimising the use of research data, integrating/linking these data with routine data generated by health and social care services and other administrative data services to improve the analysis

  8. The legal imperative to protect critical energy infrastructure

    Energy Technology Data Exchange (ETDEWEB)

    Shore, J.J.M.

    2008-03-15

    Canada's critical infrastructure is comprised of energy facilities, communications centres, finance, health care, food, government and transportation sectors. All sectors face a range of physical or cyber threats from terrorism and natural phenomenon. Failures or disruptions in the sectors can cascade through other systems and disrupt essential services. The power outage in 2003 demonstrated gaps in North America's emergency preparedness. In 2006, al-Qaida called for terrorist attacks on North American oil fields and pipelines, specifically targeting Canada. Studies have confirmed that Canada is vulnerable to attacks on energy infrastructure. Government agencies and the private sector must work ensure the safety of Canada's energy infrastructure, as the primary responsibility of government is the protection of its citizenry. The fulfilment of the government's commitment to national security cannot be achieved without protecting Canada's critical energy infrastructure. However, Canada has not yet provided a framework linking federal government with critical infrastructures, despite the fact that a draft strategy has been under development for several years. It was concluded that governments and the private sector should work together to reduce risks, protect the public, and secure the economy. National security litigation against the government and legal imperatives for energy facility owners and operators were also reviewed. 98 refs., 20 figs.

  9. 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.

  10. Going It Alone: New Zealand Company-Sponsored Language, Literacy and Numeracy (LLN) Training in an Era of Government Funding

    Science.gov (United States)

    Guy, Shona; Harvey, Sharon

    2013-01-01

    In this paper, we examine the nature of and reasons for employer-funded literacy, language and numeracy (LLN) workplace training in New Zealand, during a period where government funding has been available. To place these programmes in context, we give a historically nuanced account of employer-funded programmes in New Zealand and then look at the…

  11. Toward an E-Government Semantic Platform

    Science.gov (United States)

    Sbodio, Marco Luca; Moulin, Claude; Benamou, Norbert; Barthès, Jean-Paul

    This chapter describes the major aspects of an e-government platform in which semantics underpins more traditional technologies in order to enable new capabilities and to overcome technical and cultural challenges. The design and development of such an e-government Semantic Platform has been conducted with the financial support of the European Commission through the Terregov research project: "Impact of e-government on Territorial Government Services" (Terregov 2008). The goal of this platform is to let local government and government agencies offer online access to their services in an interoperable way, and to allow them to participate in orchestrated processes involving services provided by multiple agencies. Implementing a business process through an electronic procedure is indeed a core goal in any networked organization. However, the field of e-government brings specific constraints to the operations allowed in procedures, especially concerning the flow of private citizens' data: because of legal reasons in most countries, such data are allowed to circulate only from agency to agency directly. In order to promote transparency and responsibility in e-government while respecting the specific constraints on data flows, Terregov supports the creation of centrally controlled orchestrated processes; while the cross agencies data flows are centrally managed, data flow directly across agencies.

  12. Legal Language – a Cultural Ambassador. A Language for Various Purposes, not only a Language for Specific Purposes

    DEFF Research Database (Denmark)

    Cancino, Rita

    2014-01-01

    to another. It means also overcoming the typical blindness to one’s own culture. The Spanish-Danish Legal Language course introduces Danish language students to a new world of cultural knowledge, as they generally have insignificant knowledge of Danish law and the Danish legal system. Furthermore, they have......KONFERENCE SINGAPORE Culture-related competence Courses in comparative Spanish -Danish legal language: A cultural Kinder egg? Learning comparative legal language is not only a question of linguistic competence, but it is also cultural training in which the students achieve culture......-related competences as culture is implicitly embedded in many legal terms in the shape of historical, societal and legal knowledge from two different worlds. Students need to understand these legal terms, fixed expressions, metaphors, collocations, etc. in order to be able to translate from one legal language/culture...

  13. Medicine beyond borders: the legal and ethical challenges.

    Science.gov (United States)

    Kassim, Puteri Nemie J

    2009-09-01

    The ease and affordability of international travel has contributed to the rapid growth of the healthcare industry where people from all around the world are traveling to other countries to obtain medical, dental, and surgical care while at the same time touring, vacationing and fully experiencing the attractions of the countries that they are visiting. A combination of many factors has led to the recent increase in popularity of medical tourism such as exorbitant costs of healthcare in industrialized nations, favorable currency exchange rates in the global economy, rapidly improving technology in many countries of the world and most importantly proven safety of healthcare in selected foreign nations. Nevertheless, the development of medical tourism has certainly awakened many ethical and legal issues, which must be addressed. Issues pertaining to malpractice, consumer protection, organ trafficking, alternative medicine and telemedicine need comprehensive legal regulatory framework to govern them. Ethical issues are also been raised by the promotion of medical tourism in particular those pertaining to doctor and patient relationship. A future, where medical law is subsumed into various legal and ethical dimensions, poses serious challenges for the practice and ethics of medicine.

  14. 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.

  15. Legal issues of computer imaging in plastic surgery: a primer.

    Science.gov (United States)

    Chávez, A E; Dagum, P; Koch, R J; Newman, J P

    1997-11-01

    Although plastic surgeons are increasingly incorporating computer imaging techniques into their practices, many fear the possibility of legally binding themselves to achieve surgical results identical to those reflected in computer images. Computer imaging allows surgeons to manipulate digital photographs of patients to project possible surgical outcomes. Some of the many benefits imaging techniques pose include improving doctor-patient communication, facilitating the education and training of residents, and reducing administrative and storage costs. Despite the many advantages computer imaging systems offer, however, surgeons understandably worry that imaging systems expose them to immense legal liability. The possible exploitation of computer imaging by novice surgeons as a marketing tool, coupled with the lack of consensus regarding the treatment of computer images, adds to the concern of surgeons. A careful analysis of the law, however, reveals that surgeons who use computer imaging carefully and conservatively, and adopt a few simple precautions, substantially reduce their vulnerability to legal claims. In particular, surgeons face possible claims of implied contract, failure to instruct, and malpractice from their use or failure to use computer imaging. Nevertheless, legal and practical obstacles frustrate each of those causes of actions. Moreover, surgeons who incorporate a few simple safeguards into their practice may further reduce their legal susceptibility.

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

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

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

  17. Students in Higher Education Governance: The Portuguese Case

    Science.gov (United States)

    Cardoso, Sonia; dos Santos, Sergio Machado

    2011-01-01

    This article aims at analysing and discussing student participation in Portuguese higher education institutions and, specifically, in university governance. In a first moment, it describes this participation under both the previous (1988-2007) and the new legal frameworks (since 2007). A discussion of the changes introduced by this last framework…

  18. Prevalence of Adolescent Pregnancy in Ganye Local Government ...

    African Journals Online (AJOL)

    Adolescent pregnancy is formally defined as a pregnancy in a young woman who has not reached her 20th birthday when the pregnancy ends, regardless of whether the woman is married or is legally an adult. The prevalence of adolescent pregnancy in Ganye local government area, Adamawa state were assessed.

  19. Framework for local government to implement integrated water ...

    African Journals Online (AJOL)

    The Water Services Act (No. 8 of 1997) of South Africa states that water service delivery is the responsibility of local government as Water Services Authorities. The principal legal responsibility is to complete a Water Services Development Plan (WSDP) every 5 years with annual review. The WSDP encapsulates all the ...

  20. Capacity of the legal framework of public health institutions in Mexico to support their functional integration

    Directory of Open Access Journals (Sweden)

    Ignacio Ibarra

    2013-05-01

    Full Text Available Objective. Evaluate the capacity of the federal legal framework to govern financing of health institutions in the public sector through innovative schemes –otherwise known as functional integration–, enabling them to purchase and sell health services to and from other public providers as a strategy to improve their performance. Materials and methods. Based on indicators of normative alignment with respect to functional integration across public health provider and governance institutions, content analysis was undertaken of national health programs and relevant laws and guidelines for financial coordination. Results. Significant progress was identified in the implementation of agreements for the coordination of public institutions. While the legal framework provides for a National Health System and a health sector, gaps and contradictions limit their scope. The General Register of Health is also moving forward, yet it lacks the necessary legal foundation to become a comprehensive tool for integration. The medical service exchange agreements are also moving forward based on tariffs and shared guidelines. However, there is a lack of incentives to promote the expansion of these agreements. Conclusions. It is recommended to update the legal framework for the coordination of the National Health System, ensuring a more harmonious and general focus to provide functional integration with the needed impulse.

  1. Equality, Legal Certainty and Tax Legislation in the Netherlands
    Fundamental Legal Principles as Checks on Legislative Power: A Case Study

    Directory of Open Access Journals (Sweden)

    Hans Gribnau

    2013-03-01

    Full Text Available Fundamental legal principles may function as a check on legislative power protecting citizens against arbitrary interferences with their liberty. This contribution deals with the principle of equality and the principle of certainty. First, the testing of legislation against the principle of equality is presented as a case study of constitutional review. In the Netherlands, the constitutional dialogue between the legislator and the Dutch Supreme Court revolving around the principle of equality demonstrates a fair amount of subtle details. As a result, constitutional review can hardly be called an all or nothing affair.Secondly, retroactive tax legislation is dealt with. The legislator does seem to take the principle of legal certainty, another fundamental legal principle, quite seriously, although no testing of statutory legislation is possible by the courts. With regard to retroactive tax legislation the Government has committed itself in a memorandum, requested by Parliament, to adhere to rules of conduct with regard to different situations where it deems retroactive tax legislation to be justified. Thus, a soft law instrument facilitates a dialogue between different partners in the business of law-making.

  2. 32 CFR 505.8 - Training requirements.

    Science.gov (United States)

    2010-07-01

    ... must be established. They are— (i) Orientation. Training that provides basic understanding of this part... carrying out functions under this part. Specialized training should be provided on a periodic basis; and... U.S. Department of Justice, Executive Office for United States Attorneys, Office of Legal Education...

  3. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  4. REGIONAL GOVERNMENT'S RESPONSIBILITY TO THE PROTECTION OF INDONESIAN WORKER EMPLOYED (TKIs ABROAD (Review of Human Rights Perspective

    Directory of Open Access Journals (Sweden)

    Asri Lasatu

    2017-06-01

    Full Text Available The purpose of the establishment of the Republic of Indonesia is to protect and realize the welfare of citizens. Therefore, the main responsibility of the government is to provide protection and guarantee to every citizen to get a job and a decent living for humanity. Limitations of domestic employment, as well as the public's desire to work overseas, should be responded positively by the government, by formulating regulations both at the central and regional levels. This study will examine the roles and responsibilities of local governments as an effort the law protection against Indonesian Migrant Worker working abroad.This research is a normative legal research with approach of legislation and concept approach and analyzed qualitatively to give perspective on legal issue to the object of this research study. The results show that the responsibility of local government, especially in the pre-placement, post-placement, and empowerment phase of placement of migrant workers, while the placement of migrant workers is the responsibility of the central government. Implementation of local government responsibilities should be supported by regulations established by local governments.

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

    Directory of Open Access Journals (Sweden)

    Dayane Cristina Guarnieri

    2014-12-01

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

  6. 78 FR 9336 - Production of FHFA Records, Information, and Employee Testimony in Legal Proceedings

    Science.gov (United States)

    2013-02-08

    ... timely notice and centralized, objective decision making. The United States Supreme Court upheld this..., Information, and Employee Testimony in Legal Proceedings AGENCY: Federal Housing Finance Agency. ACTION... (FHFA) proposes a regulation governing the production of FHFA records, information or employee testimony...

  7. Campus Free Speech Presents Both Legal and PR Challenges for Colleges

    Science.gov (United States)

    Nguyen, AiVi; Dragga, Anthony

    2016-01-01

    Free speech is fast becoming a hot-button issue at colleges across the country, with campus protests often mirroring those of the public-at-large on issues such as racism or tackling institution-specific matters such as college governance. On the surface, the issue of campus free speech may seem like a purely legal concern, yet in reality,…

  8. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

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

  9. Features of legal mechanism environmental responsibility of citizens in Ukraine

    Directory of Open Access Journals (Sweden)

    О. О. Шинкарьов

    2015-05-01

    assigned by the Constitution and the current environmental legislation; 2 the ability to voluntarily adhere to legal prohibitions; 3 in good faith execute obligations in living activities. Paper objective. The main forms of implementing the environmental responsibilities by  citizens are analyzed; the factors influencing them are defined. It was studied general theoretical understanding of the stages, as well as forms of the implementation of rules of law. Traditionally among the last there are: compliance and execution. A special form of implementation is application. Whereas the compliance - is the first and foremost (universal form by which all subjects of public relations execute their obligations (both active and passive. The implementation of environmental responsibilities of citizens in the form of the compliance is a good behavior, which is characterized by passive confinement of persons (or inaction on the infringement of the rules and bars which are set by regulations of the environmental       legislation.  The execution is expressed in commission of  actions provided  for by law by the subject. This is implementation of binding rules, however, the responsibilities are contained not only in the regulatory legal acts, but also in the contracts and individual documents. The application as a special form of the law implementation differs from the compliance and the execution that it is carried out by non-citizens, but only by those public authorities that are entitled to do so by law. The application of the law - it is an action of qualified government authorities or local authorities, which by law is delegated the right to apply ecological and legal regulations in order to implement the relevant environmental requirements, rules and prohibitions and they are provided if necessary (in case of violation mechanism of state coercion. Paper main body. It is noted that the legal arrangement for implementing environmental responsibilities is to be in: a the

  10. The relation between external governance environment and over-investment: Evidence from industry regulation

    Directory of Open Access Journals (Sweden)

    Kejing Chen

    2014-11-01

    Full Text Available Based on the Law and Finance theory, and the regulatory capture theory, external governance environment and industrial regulations can exert a certain influence on corporate over-investment. On the basis of qualitative analysis of the relationship between external governance environment and corporate over-investment under different industrial regulation conditions, this paper, using data of non-financial companies listed in Shanghai and Shenzhen Stock Exchanges in the period 2001-2010, describes the regional distribution characteristics of over-investment of Chinese listed companies, and establishes an OLS regression model of the relationship between external governance environment and over-investment. The study respectively groups data from regulated and non-regulated industries as a sample and empirically tests the OLS regression model. Results show that: from the perspective of economic geography, there exists a local spatial cluster phenomenon in the distribution of over-investment of listed companies in regulated industries, while non-regulated industries conform to no regularity. In regulated industries, external governance environment factors (level of government intervention, rule of law and financial development may exert a significant negative influence on the degree of over-investment of listed companies, but on non-regulated industries, their effect is reversed. Also, government intervention, legal enforcement and financial development are positively correlated to over-investment. Further research indicates that, compared with government intervention and financial development, legal enforcement influences over-investment the most.

  11. Behavioral Indicators of Legal and Illegal Gun Carrying

    Science.gov (United States)

    2015-05-01

    foundation to develop training for law enforcement and security personnel to utilize behavioral indicators in a safe, legal, and effective manner...hope to develop more efficient and effective means of assisting the police to identify and safely interdict persons carrying illegal firearms. This...by Velcro hook and loop fastener tape. Attached to the elastic wrap is a pocket with a security strap that holds the gun in place. When fastened to

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

    International Nuclear Information System (INIS)

    Steinberg, R.

    1990-01-01

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

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

    Science.gov (United States)

    Haylamicheal, Israel Deneke; Desalegne, Solomon Akalu

    2012-06-01

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

  14. Legal Liability of Civil Servants of Local Public Authorities in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Natalia Saitarli

    2015-08-01

    Full Text Available In the working out of legal liability, there are a lot of published articles, collections and monographs nowadays which have got already some productive achievements. However, the notion of liability and its central problems have been controversial subjects for long years that create discussions and cause the necessity to elaborate some methodological questions. The legal liability is being determined as a duty “to be responsible“, “to account“. One of the results in the research is to determine that the legal liability has become the idea of “positive law responsibility“, under which we understand not the liability of the person who has committed an infringement of the law but vice versa a lawful behavior of the person who commits no law infringements. The goal of the given article is to regard the legal liability of civil servants of local public authorities in the Republic of Moldova because an efficient activity of the state (a good state government depends on the determination of concrete forms of the legal liability for the local public authorities.

  15. Problems and Tendencies of Development of Political and Legal Environment of Public-private Partnership in Russia

    Directory of Open Access Journals (Sweden)

    Альберт Илдусович Абдрахманов

    2013-12-01

    Full Text Available The article is dedicated to the study o/f political and legal terms for Public-Private Partnerships (PPP development while PPP becomes the issue of today for Russian political and social-economic life. The article covers particularly the analysis of the effective legislation of PPP at the federal and regional levels and appraisal of the current political trends regarding the development of legal partnership between the government and companies in the connection with the legislation. The author provides research especially of the prospects of the PPP federal Draft Law and reveals key specifics and problems of the legal environment of PPP in districts of the Russian Federation.

  16. Government Contract Law Textbook - 1982 Edition,

    Science.gov (United States)

    1982-03-01

    consideration, the doctrine of promissory estoppel was created. The Restatement of Contracts, Section 90, states, "A promise which the promisor should...Express, Implied, and by Operation of Law. Apparent authority is basically the legal situation of estoppel . It will be fruitful to discuss each of these...within certain bounds. The principle that deals with this concept is apparent authority or estoppel . (A) Apparent Authority and Estoppel . Government

  17. Legal Analysis of Coal Mining in Efforts to Maintain The Environmental Sustainability

    Directory of Open Access Journals (Sweden)

    Iwan Irawan

    2016-07-01

    Full Text Available The goal of this article was to suggest the government to make the appropriate laws and policies in order to optimize the utilization of coal based on environmental sustainability. The research applied library research from several research results and the Act no. 4 of 2009. Data were analyzed qualitatively by the way of decomposition, connecting with the rules, and the legal experts’ opinion. It can be concluded that investors are not optimal in managing and conserving the coal mining and the government has not standaridized the environmental management. 

  18. PRODUCT CERTIFICATION AND LEGAL PROTECTION TO ENHANCE INDONESIAN TRADITIONAL HERBAL PRODUCTIONS

    Directory of Open Access Journals (Sweden)

    Endang Purwaningsih

    2016-02-01

    Full Text Available This study is aimed to empower traditional herbs producer and help legal protection of Indonesian traditional medicines, implementing Participatory Research and juridical-sociological approaches. Data were collected through literary, questionnaire, interview and Focus Group Discussion. The first year study revealed that Herbal Producer Association worked with all members, persuading government offices to get product certification and effective trademark licenses. In the second year study the researchers and Producers Association trained and facilitated vendors to endorse trademark, label registry, and markets shares. Producers maintain traditional medicine management, because product certification is hard to achieve. Penelitian ini bertujuan untuk memberdayakan produsen jamu/OT dan membantu perlindungan hukumnya, dengan memanfaatkan pendekatan penelitian partisipatoris dan sosiologis yuridis. Data dikumpulkan dengan literatur, kuesioner, wawancara dan Focus Group Discussion (FGD. Pada tahun pertama organisasi gabungan pengusaha jamu (GP Jamu bersama-sama dengan seluruh anggotanya mendorong pemerintah untuk perolehan sertifikasi produk izin edar dan merek secara efektif. Pada tahun kedua, peneliti dan gabungan pengusaha jamu melakukan pelatihan guna perolehan izin edar, pendaftaran merek, dan peningkatan pemasaran. Para pengusaha jamu tradisional perlu terus menerus didampingi karena perolehan izin edar terkesan sulit.

  19. "They're legal so they're safe, right?" What did the legal status of BZP-party pills mean to young people in New Zealand?

    Science.gov (United States)

    Sheridan, Janie; Butler, Rachael

    2010-01-01

    The legislation on psychoactive substances has a role to play with regard to shaping social values and influencing the normalisation of drug use. In New Zealand from 2005 to 2008, benzylpiperazine-containing 'legal' party pills (BZP-party pills) were legally available for purchase, subject to controls around a minimum purchase age of 18 years, and prohibitions on free of charge distribution and advertising in certain media. This paper explores what their legal status communicated to young users. Interviews and group discussions with young people (n=58) who had used BZP-party pills in the preceding 6 months. Data were collected between June and December 2006 via a series of interviews with individuals, 'friendship' pairs, and groups comprised of participants known to each other. Young people saw BZP-party pills as 'safe' and of good quality as they were legal/government sanctioned, but also thus of inferior strength, suggesting they could take more of them. However, after using them they often reviewed their view of their safety and quality due to varied experiences. Being legal for some people meant they could use the substances without breaking the law, or having to go to 'dealers'. Their legal status also meant they were easily accessible and were seen to be 'socially acceptable', with some young people indicating they would be happy to discuss their use with their parents. However, social acceptability was, for some, a reason not to use them. These data provide a unique insight into the tension between positive and negative harm reduction messages relating to the legal nature of psychoactive drugs and as such begin to fill an information void in this area. The legal status of these 'party pills' conveys mixed messages to young people and whilst being seen as potentially safe and of good quality, this often leads to higher than 'recommended' doses being used. Nevertheless, not breaking the law or having to access BZP-party pills from 'dealers', and being able to

  20. The trend on legislation of physical protection law and the effective measures for its implementation

    International Nuclear Information System (INIS)

    Lee, J. W.

    2002-01-01

    As a part of strengthening the international regime of physical protection, the 'Legal and Technical Experts Meeting' to prepare a draft amendment of the Convention on the Physical Protection of Nuclear Material(INFCIRC/274/Rev.1) has been held under the auspices of IAEA Secretariat, based on the results of about two-year discussion related to its amendment among the Member States. In addition, terrorism of last September in the United States has made the amendment work of the Convention speed up to quickly cope with the real threat of nuclear facility, and the Diplomatic Conference for its amendment would be held at the end of this year. In order to meet these international strengthening trends and to prepare the measures against radiological emergency with the re-establishment of domestic protection system, Korean government has currently pursued to establish a comprehensive 'law for Physical Protection and Measures against Radiological Emergency' This paper suggests the consideration on domestic status of the legal system, the trend of its legislation and the effective measures for its implementation, to efficiently maintain domestic system of physical protection

  1. Negotiating a deal in Iraq

    International Nuclear Information System (INIS)

    Fletcher, J.E.

    2002-01-01

    The legal and diplomatic environment surrounding oil production negotiations in Iraq was discussed with reference to the essential terms generally negotiated for upstream contracts between oil companies and the Iraqi Ministry of Oil. Legal considerations were discussed for the following upstream contracts: production sharing contracts, a risk service contract, a modified buy-back contract, a technical service contract, and a joint venture company. It was noted that negotiations in Iraq require a great amount of diplomacy as projects are very high profile and attract significant international attention. Information sharing is critical in gaining valuable government support. The main problem for interested investors in Iraq is predicting when the UN sanctions will be lifted. Once lifted, the Ministry of Oil's Development Plan is to increase oil production through the co-operative assistance of foreign oil companies. While the sanctions remain in place, Iraq is allowed to sell oil on a renewable basis every 6 months under the oil-for-food programme, which permits Iraq to spend US$600 million every 6 months for spare parts to upgrade its oil industry. 9 figs

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

    Science.gov (United States)

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

    2016-01-22

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

  3. AIDS activists take South African government to court.

    Science.gov (United States)

    Baleta, A

    2000-08-26

    In South Africa, AIDS activists are taking legal action against their government because of its refusal to provide HIV-positive women with drugs to prevent mother-to-child transmission of HIV. The Treatment Action Campaign gave the health department an ultimatum to make moves to change policy on treating infected mothers; however, since the department had not responded, the legal process was set to begin. Mark Heywood, the Campaign's spokesman, said that the campaign is pushing for the implementation of programs on a phased basis to provide zidovudine or nevirapine at facilities where it is possible. It is noted that the government has remained steadfast in its opposition to an expansion of the program to all HIV-positive women attending state health services. Although Health Minister Mantho Tshabalala Msimang said that the drug regulatory authority is reviewing results of studies on nevirapine use, with a view to possible registration of the drug, Heywood argues that such an action continues to question the efficacy of antiretrovirals since these tests have already been done.

  4. Local Governance and ICTs in Africa

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

    the African Training and Research Centre in Administration for Development ... ICTs for political inclusion and good governance in northern Ghana .... Outcome and output indicators for access to information and service delivery (e-services) ..... This means that local governments cannot provide e-services, because citizens ...

  5. Ethical and Legal Considerations of Healthcare Informatics

    Directory of Open Access Journals (Sweden)

    Maria ALUAŞ

    2016-12-01

    Full Text Available Internet, cloud computing, social networks and mobile technology, all facilitate information transfer. Healthcare professionals, physicians and patients can use informatic devices in order to simplify their access to medical information, to streamline testing, and to understand clinical results. The use of computers and software facilitate doctor-patient interactions by optimizing communication and information flow. However, digital interfaces also increase the risks that information specialists use information without fully complying with ethical principles and laws in force. Our premise is that these information specialists should: 1 be informed of the rights, duties, and responsibilities linked to their profession and laws in force; 2 have guidelines and ethical tutoring on what they need to do in order to avoid or prevent conflict or misconduct; 3 have renewed specific training on how to interpret and translate legal frameworks into internal rules and standards of good practice. The purpose of this paper was: 1 to familiarize professionals who work in healthcare informatics with the ethical and legal issues related to their work; 2 to provide information about codes of ethics and legal regulations concerning this specific area; 3 to summarize some risks linked to wrong or inadequate use of patient information, such as medical, genetic, or personal data.

  6. Legal relevance of the purpose of contract in German law

    Directory of Open Access Journals (Sweden)

    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

  7. Training Tribal Lay Advocates at Sitting Bull College

    Science.gov (United States)

    Shelley, W. L.

    2015-01-01

    Students in Sitting Bull College's lay advocate program develop a well-rounded understanding of the law, enabling them to represent defendants in tribal courts. The program offers legal training for its students--and illustrates how American Indian nations can broaden legal representation for Native defendants in tribal courts. It is one of only…

  8. Implementation of a Sustainable Training System for Emergency in Vietnam.

    Science.gov (United States)

    Kang, Sunjoo; Seo, Hyejin; Ho, Binh Duy; Nguyen, Phuong Thi Anh

    2018-01-01

    This study analyzed the project outcomes to share lessons regarding the development of an emergency medicine education system in Vietnam. Retrospective evaluation was implemented using project outcome indicators. A total of 13 training courses were administered, with the collaboration of international experts in Korea and Vietnam. A total of 23 kinds of emergency medicine education equipment were purchased, and a basic life support (BLS) and two advanced cardiac life support labs were remodeled to provide appropriate simulation training. Throughout the 2 years of the project, nine Vietnamese BLS instructors were approved by the Korea Association of Cardiopulmonary Resuscitation under American Heart Association. Results of evaluation by Korean international development experts were based on five criteria, provided by the Development Assistance Committee of the Organization for Economic Co-operation and Development, were excellent. Success factors were identified as partnership, ownership, commitment, government support, and global networking. Project indicators were all accomplished and received an excellent evaluation by external experts. For sustainable success, healthcare policy and legal regulation to promote high quality and safe service to the Vietnamese people are recommended.

  9. End-of-life decisions in Malaysia: Adequacies of ethical codes and developing legal standards.

    Science.gov (United States)

    Kassim, Puteri Nemie Jahn; Alias, Fadhlina

    2015-06-01

    End-of-life decision-making is an area of medical practice in which ethical dilemmas and legal interventions have become increasingly prevalent. Decisions are no longer confined to clinical assessments; rather, they involve wider considerations such as a patient's religious and cultural beliefs, financial constraints, and the wishes and needs of family members. These decisions affect everyone concerned, including members of the community as a whole. Therefore it is imperative that clear ethical codes and legal standards are developed to help guide the medical profession on the best possible course of action for patients. This article considers the relevant ethical, codes and legal provisions in Malaysia governing certain aspects of end-of-life decision-making. It highlights the lack of judicial decisions in this area as well as the limitations with the Malaysian regulatory system. The article recommends the development of comprehensive ethical codes and legal standards to guide end-of-life decision-making in Malaysia.

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

    International Nuclear Information System (INIS)

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

    2015-01-01

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

  11. Federal funds for the health sequelae of uranium mining. Legal and political aspects

    International Nuclear Information System (INIS)

    Breuer, J.

    1994-01-01

    The industrial safety and insurance associations (ISIA) have always pointed to the fact that occupational medecine services and entitled benefit payments are to be secured and continued for this group. Within the framework of the 1st Act on the Implementation of the programme for savings, consolidation and growth (1st SKWPG) the Federal Government has clearly regulated the responsiblilities of the ISIA's and the Federal Government relative to funding. The author highlights the political background and the legal bases for this act. (orig./HP) [de

  12. The legal nature of the contract currency bank account

    Directory of Open Access Journals (Sweden)

    Ольга Олегівна Чорна

    2016-06-01

    Full Text Available The Civil Code of Ukraine there are no specific rules governing contractual relationship currency bank account, and existing norms in the national legislation does not reflect the specificity, complexity bank currency relations; regulations that regulate banking operations in foreign currencies, in some cases inconsistent, uncoordinated and even contradictory; In addition, some based on somewhat outdated today philosophical position, affecting the development bank currency civil relations. Problems about the determination of the legal nature of the contract currency bank account, studied and continue to study the eminent jurist scholars, among which highlight G.F. Shershenevich, C.A. Fleyshyts, I.B. Nowicki, M.N. Agarkova, A.S. Ioffe, N.S. Kuznetsov, I.A. Bezkluboho etc. Purpose of the article – the definition of the legal nature of the contract currency bank account, as well as research and analysis of major scientific debate on the subject. Given the inextricable link between the two elements of a bank account without connectivity relations on the account balance on any loan or of storage, believe that the bank account agreement today is an independent civil - legal contract.

  13. AUDIT REPORTING AND CORPORATE GOVERNANCE: LINKS AND IMPLICATIONS

    Directory of Open Access Journals (Sweden)

    George Silviu CORDOȘ

    2014-04-01

    Full Text Available Financial scandals of the last decade have had a negative effect upon the trust and perception of investors regarding auditor responsibility and their part in fraud and error detection. As a result of legal conditions and regulations, audit firms in some jurisdictions have recently started to compile transparency reports, which contain information regarding corporate governance compliance of audit firms. This study aims to investigate if corporate governance has a significant effect on audit reporting and audit quality. Thus, our starting point is the definition of corporate governance, with an emphasis on the transparency principle for efficient corporate governance. We aim to analyse how this principle influences the quality level of the audit report, through a qualitative study. Keeping in mind that corporate governance in audit firms is considered to have a noteworthy effect on audit quality, we expect to find that regulatory bodies expect more transparency from these firms, therefore increasing competitiveness among audit firms concerning audit quality.

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

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

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

  15. Conflict Trends and Conflict Drivers: An Empirical Assessment of Historical Conflict Patterns and Future Conflict Projections

    Science.gov (United States)

    2017-01-01

    capabilities may be helpful in certain circumstances, and diplomatic and cultural interactions may be more relevant in others. Over the long term, however...government crises clearly peaks around 1970, driven by events in Central and South America (Colombia, Argentina, Bolivia , and Guatemala) and Europe...and diplomatic and cultural interactions are important. Over the long term, the economic base of the United States will largely determine its

  16. Stereosat: A proposed private sector/government joint venture in remote sensing from space

    Science.gov (United States)

    Anglin, R. L.

    1980-01-01

    Stereosat, a free flying Sun synchronous satellite whose purpose is to obtain worldwide cloud-free stereoscopic images of the Earth's land masses, is proposed as a joint private sector/government venture. A number of potential organization models are identified. The legal, economic, and institutional issues which could impact the continuum of potential joint private sector/government institutional structures are examined.

  17. Nuclear materials transportation workshops: USDOE outreach to local governments

    International Nuclear Information System (INIS)

    1987-01-01

    To provide direct outreach to local governments, the Transportation Management Division of the United States Department of Energy asked the Urban Consortium and its Energy Task Force to assemble representatives for two workshops focusing on the transport of nuclear materials. The first session, for jurisdictions east of the Mississippi River, was held in New Orleans on May 5--6, 1988; the second was conducted on June 6--7, 1988 in Denver for jurisdictions to the west. Twenty local government professionals with management or operational responsibility for hazardous materials transportation within their jurisdictions were selected to attend each workshop. The discussions identified five major areas of concern to local government professionals; coordination; training; information resources; marking and placarding; and responder resources. Integrated federal, state, and local levels of government emerged as a priority coordination issue along with the need for expanded availability of training and training resources for first-reponders

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

    OpenAIRE

    Raluca Ivan

    2015-01-01

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

  19. Multilateral, regional and bilateral energy trade governance

    Energy Technology Data Exchange (ETDEWEB)

    Leal-Arcas, Rafael; Grasso, Costantino; Rios, Juan Alemany (Queen Mary Univ. of London (United Kingdom))

    2014-12-01

    The current international energy trade governance system is fragmented and multi-layered. Streamlining it for greater legal cohesiveness and international political and economic cooperation would promote global energy security. The current article explores three levels of energy trade governance: multilateral, regional and bilateral. Most energy-rich countries are part of the multilateral trading system, which is institutionalized by the World Trade Organization (WTO). The article analyzes the multilateral energy trade governance system by focusing on the WTO and energy transportation issues. Regionally, the article focuses on five major regional agreements and their energy-related aspects and examines the various causes that explain the proliferation of regional trade agreements, their compatibility with WTO law, and then provides several examples of regional energy trade governance throughout the world. When it comes to bilateral energy trade governance, this article only addresses the European Union’s (EU) bilateral energy trade relations. The article explores ways in which gaps could be filled and overlaps eliminated whilst remaining true to the high-level normative framework, concentrating on those measures that would enhance EU energy security.

  20. "Sometimes they used to whisper in our ears": health care workers' perceptions of the effects of abortion legalization in Nepal

    OpenAIRE

    Puri, Mahesh; Lamichhane, Prabhat; Harken, Tabetha; Blum, Maya; Harper, Cynthia C; Darney, Philip D; Henderson, Jillian T

    2012-01-01

    Abstract Background Unsafe abortion has been a significant cause of maternal morbidity and mortality in Nepal. Since legalization in 2002, more than 1,200 providers have been trained and 487 sites have been certified for the provision of safe abortion services. Little is known about health care workers’ views on abortion legalization, such as their perceptions of women seeking abortion and the implications of legalization for abortion-related health care. Methods To complement a quantitative ...

  1. 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...

  2. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

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

  3. Problems of legal regulation of credit organizations employees' work and the ways for their solution

    Directory of Open Access Journals (Sweden)

    Vereshak S.B.

    2016-09-01

    Full Text Available legal and organizational aspects of regulation of work of employees (serving banks and other credit organizations are considered. Specifics of activity of banks and other credit organizations attract need of improvement of the legislation governing the labor relations in this sphere for the purpose of reduction in compliance of established practices and standard legal support. Problems of absence of unity of terminology in the legal acts which are the cornerstone of regulation of work of employees of banks come to light; features of work of bank workers that doesn't allow to provide full protection of their labor law aren't defined; the set of shortcomings of system of compensation in the bank sphere takes place. Conclusions about need of improvement of the existing labor and banking legislation, and also local legal acts of banks for the sphere of the organization of work and its payment are drawn. Elimination of the revealed shortcomings, according to authors, will allow to strengthen legal guarantees of work of employees of banks.

  4. Samson Cree lawsuit costs Ottawa more than $45 million in legal fees so far

    International Nuclear Information System (INIS)

    Anon

    2005-01-01

    Some $45 million has been spent by the federal government in a continuing legal fight against two Alberta native bands. The fight is about oil and gas royalties. The Samson and Emineskin bands on the Hobbema reserve north of Red Deer, Alberta are accusing the federal government of having mismanaged their oil and gas royalties for five decades. According to a spokesperson for the Canadian Taxpayers Federation, the case is a costly evidence of Ottawa's wrong-headed approach to aboriginal assets

  5. Principles and Practices of EU External Representation.

    NARCIS (Netherlands)

    Blockmans, S.; Wessel, Ramses A.

    2012-01-01

    With this working paper, CLEER aims to offer a better insight into selected legal aspects concerning the European Union’s redefined diplomatic persona. In particular, the working paper will address issues pertaining to the Lisbon Treaty’s organising principles of EU external action, both under EU

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

    Directory of Open Access Journals (Sweden)

    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.

  7. Formal and Legal Aspects of Buying and Commissioning Flats

    Science.gov (United States)

    Dubas, Sebastian; Nowotarski, Piotr; Milwicz, Roman

    2017-10-01

    Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer’s fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.

  8. Spanish Americanists, Diplomats and Emigrant Leaders in the Mexico of Centenario: the «Intellectual Embassy» as a Model of Pan-Hispanist Action (1909-1910

    Directory of Open Access Journals (Sweden)

    Gustavo H. Prado

    2016-12-01

    Full Text Available During the period of Centennial Celebrations of Latin American Independence, Spanish intellectuals of great reputation organized a persistent panhispanist campaign in Hispanic America. This paper analyzes the way in which americanists, diplomats and Spanish emigration leaders made common caused with, to promote their ideas, during the previous years to Porfiriato in Mexico. The concept of intellectual embassy will be used here to analyze their strategies.

  9. Athletic Trainers’ Knowledge of Legal Practice within Information Technology and Social Media

    Directory of Open Access Journals (Sweden)

    Elizabeth R. Neil

    2017-12-01

    Full Text Available Purpose: As healthcare and technology continue to connect in daily practice, athletic trainers (ATs must be knowledgeable of the governing acts for ethical and legal clinical practice. This is vital to ensure ethical and legal practice as a clinician and protection of confidential protected health information (PHI. The objective of this study was to assess certified athletic trainers’ knowledge of regulations within technology and social media (SoMe. Methods: Certified ATs were recruited from the National Athletic Trainers’ Association membership database. Respondents completed an instrument of 28 questions, including 16 participant demographics, clinical site demographics, SoMe usage and general questions, and a 12-item knowledge assessment tool on a web-based survey platform. Validity of the instrument was determined through a Delphi panel of experts in athletic training, healthcare lawyers and an information technologist. We analyzed data using descriptive statistics. Results: Respondents reported a Master’s degree as their highest earned (n=106, 72.6% with 33.6% of those degrees being at the professional level (n=49. Respondents predominately worked in the public secondary school setting (n=43, 29.5% and worked 8-9 hours per day (n=78, 53.4%. Respondents self-reported an average of five active SoMe accounts with Facebook® (n=120,, 81.6%, LinkedIn® (n=75, 51%, Instagram® (n=70, 47.6%, Twitter® (n=70, 47.6%, Pinterest® (n=64, 43.5%, and Snapchat® (n=64, 43.5% being the most common sites. Within their athletic training clinic, respondents predominately reported (n=76, 51.7% that all their computers had a virtual private network, and had a SoMe policy that was enforced to some extent (n=63, 42.9%. Respondents (n=136, 92.5% stated that they have not reported someone for a breach of HIPAA, and have not been reported themselves (n=146, 99.3%; however, respondents (n=16, 10.8% indicated they had one or more full faced photos of patients

  10. [Between the stigma and the law: legal abortion in Mexico City].

    Science.gov (United States)

    Lamas, Marta

    2014-01-01

    The present contribution is part of a research developed with qualitative social research methods. It offers part of the results attained in a study performed at a clinic belonging to Mexico City´s Government, and explores the effects on staff of the implementation of Legal Pregnancy Termination (ILE, for its initials in Spanish). The results highlights that, besides diminishing health risks in the women who abort, the use of misoprostol prompted assertive attitudes in many women, that reduced the negative effects produced by the stigma of abortion. It also acknowledges the persistence of stigma in the opinions of the health personnel. The empowering of the self-image of women who become subject to this procedure is due to the full exercise of their legal right.

  11. Strategy for OCRWM to provide training assistance to state, tribal, and local governments

    International Nuclear Information System (INIS)

    1992-11-01

    The US Department of Energy's (DOE) Office of Civilian Radioactive Waste Management (OCRWM) has prepared this strategy to outline the process OCRWM will follow to provide funding and technical assistance to States and Indian Tribes as required by Section 180(c) of the Nuclear Waste Policy Act of 1982, as amended (NWPA). A schedule for the various steps to be taken is included. The NWPA directs DOE to dispose of the spent nuclear fuel generated by commercial nuclear power facilities and high-level radioactive waste from defense facilities. OCRWM was established to carry out this mission. OCRWM is developing a transportation system to support shipping of spent nuclear fuel to a Monitored Retrievable Storage (MRS) facility, and spent nuclear fuel and high-level radioactive waste to a final disposal repository. A 1987 amendment to the NWPA added Section 180(c) which states that DOE:. . . shall provide technical assistance and funds to States for training for public safety officials of appropriate units of local government and Indian Tribes through whose jurisdiction the Secretary [of Energy] plans to transport spent nuclear fuel or high-level radioactive waste .... Training shall cover procedures required for safe routine transportation of these materials, as well as procedures for dealing with emergency response situations. This strategy represents a five-step process to meet the requirements of Section 180(c)

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

    Directory of Open Access Journals (Sweden)

    Wenceslao Asido Jr.

    2000-12-01

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

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

    Directory of Open Access Journals (Sweden)

    A. Nicolaides

    2012-01-01

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

  14. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    we believe, an opportunity to analyze the formation of the ideal of legal personality. Paper objective. Thus, the purpose of this article is analysis and systematization of philosophical views on the issue of forming the ideal of legal personality in Russian philosophy of law, limited by the late 19th - early 20th century During this period, leading philosophers and jurists come to the conclusion that the existence and development of the law governed state should be based on a legal personality. Taking into account the diversity of interpretations of liberal concepts, we begin with a brief description of the charms of liberal ideas, find out the core values that inspire these concepts and focus on the source of political programs and core values - individual autonomy. Paper main body. As it is known, liberalism is a dynamic system that responds to changes in social life and is transformed according to the new reality. Liberal concepts of the thinkers of that time give us the opportunity to realize what freedom, equality and human rights are inviolable condition for the individual existence of human being, laying the values and guidance in the legal consciousness of a person and promoting an individual’s recognition of law as the main regulator of social relations, aimed at protecting and strengthening the autonomy (which directly is an ideal basis for development of a legal personality. Conclusions of the research. Thus, the abovementioned allows us to understand the significance of liberal ideas for building a modern ideal model of legal personality, formed on a combination of the spiritual and legal ideals and values. The importance of the concepts of representatives of Russian liberalism is determined by existence of: 1 the idea of equality, which in turn becomes a conceptual basis in shaping of legal personality (after all, the basic values help to reveal the inner depth (essence of the personality, thereby reducing it to the level of subject, on whose

  15. Collective legal protection: The European approach

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2014-01-01

    Full Text Available One of the basic goals of the EU justice policy is to ensure an efficient and effective legal protection, particularly in cross-border disputes and cases concerning the violation of rights guaranteed under the EU legislation. In order to accomplish this goal, the EU embarked on a horizontal harmonization of civil procedure in some sectors and reinforced the institutional cooperation of Member States in the field of civil justice. Concurrently, there were some legal interventions in the field of civil procedure, which contributed to establishing a number of European procedural mechanisms, such as: the European Small Claims Procedure (2007, the European Payment Order Procedure (2006, etc. Many studies and analyses show that procedural mechanisms of collective legal protection are essential for ensuring an efficient and effective legal protection of rights guaranteed by the EU law. The idea of introducing the collective legal protection instruments into the EU law has been present for more than two decades. It has been endorsed by the European Economic and Social Committee, which has played the key role in its promotion. In June 2013, after extensive consultations, the European Commission adopted the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Members States concerning violations of rights guaranteed under the EU law. This document has provided a coherent horizontal framework for the collective legal protection at the EU level by establishing the common European principles for collective redress mechanisms which the Member States should incorporate into their national systems. Analysis of the common principles governing the collective legal protection shows that the European approach to shaping the collective redress claims is significantly different from the American class action model, which is considered to be incompatible with the European legal tradition and deemed to provide a wide

  16. Governance of public health: Norway in a Nordic context.

    Science.gov (United States)

    Helgesen, Marit K

    2014-11-01

    The two pillars of public health are health promotion and disease prevention. Based on a notion of governance in the state -local relation as changing from hierarchical via New Public Management (NPM) to New Public Governance (NPG), the governance of public health in Norway is contrasted to governance of public health in the other Nordic states: Denmark, Finland and Sweden. The article aims to present and discuss the governance of public health as it is played out in the state-local relationship. The method is to study central state documents in the four countries, as well as articles, research reports and papers on public health. The article shows that the governance modes (hierarchy, NPM and NPG) exist in parallel, but that their mechanisms actually vary in use. Legal, economic and informational mechanisms are, to a varying degree, in use. In Finnish and Swedish public health policies, health promotion is at the forefront; while Danish and Norwegian public health policies spur the local governments to carry out interventions to prevent disease and hospital admissions. © 2014 the Nordic Societies of Public Health.

  17. Physician Encounters with Human Trafficking: Legal Consequences and Ethical Considerations.

    Science.gov (United States)

    Todres, Jonathan

    2017-01-01

    There is growing recognition and evidence that health care professionals regularly encounter-though they may not identify-victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case scenario: criminal law, with a focus on conspiracy; service provider regulations, with a focus on mandatory reporting laws; and human rights law. In addition to imposing a legal mandate, the law can inform ethical considerations about how health care professionals should respond to human trafficking. © 2017 American Medical Association. All Rights Reserved.

  18. No Win, No Fee: Some Economics of Contingent Legal Fees.

    OpenAIRE

    Gravelle, Hugh; Waterson, Michael

    1993-01-01

    This paper analyzes the effects on the litigation process of alternative contracts between plaintiffs and their lawyers. Three contracts are compared: normal (hourly fee), contingent mark up fees, and contingent share contracts. The focus is on the first two, a recent change in English law governing legal fees providing the motivation. The influences of the contract type on the acceptance of settlement offers, the settlement probability, the accident probability, the demand for trials, and th...

  19. Politico-Legal Views of A. V. Kolchak on the Problems of the Unity of Russia

    Directory of Open Access Journals (Sweden)

    Fedor S. Sosenkov

    2017-05-01

    Full Text Available The article considers political-legal views of A. V. Kolchak on problems of ensuring state unity of Russia. Some telegrams, letters, and other documents of A.V. Kolchak and his government, other leaders of the «white movement» are analyzed.

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

    Science.gov (United States)

    Rychert, Marta; Wilkins, Chris; Witten, Karen

    2017-09-01

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

  1. 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

  2. Institutionalising Human Governance Determinant: Steering Organizations towards Sustainability

    Science.gov (United States)

    Muhamad Hanapiyah, Zulkefli; Daud, Salina; Abdullah, Wan Mohammad Taufik Wan

    2016-03-01

    This paper discusses past researches on human governance elements. Eight elements of human governance are proposed in this paper: leadership, integrity, religiosity, spirituality, culture, recruitment, training and internal control policy. Empirical study shall be conducted in the future study to confirm the eight elements of human governance proposed in this paper. It is expected that these elements may enhance the human governance practice in the organizations.

  3. 78 FR 64259 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-10-28

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser... resolving both business to business and business to consumer cross-border electronic commerce disputes. The... information. Data from the public is requested pursuant to Pub. L. 99-399 (Omnibus Diplomatic Security and...

  4. Defining Health Diplomacy: Changing Demands in the Era of Globalization

    Science.gov (United States)

    Katz, Rebecca; Kornblet, Sarah; Arnold, Grace; Lief, Eric; Fischer, Julie E

    2011-01-01

    Context: Accelerated globalization has produced obvious changes in diplomatic purposes and practices. Health issues have become increasingly preeminent in the evolving global diplomacy agenda. More leaders in academia and policy are thinking about how to structure and utilize diplomacy in pursuit of global health goals. Methods: In this article, we describe the context, practice, and components of global health diplomacy, as applied operationally. We examine the foundations of various approaches to global health diplomacy, along with their implications for the policies shaping the international public health and foreign policy environments. Based on these observations, we propose a taxonomy for the subdiscipline. Findings: Expanding demands on global health diplomacy require a delicate combination of technical expertise, legal knowledge, and diplomatic skills that have not been systematically cultivated among either foreign service or global health professionals. Nonetheless, high expectations that global health initiatives will achieve development and diplomatic goals beyond the immediate technical objectives may be thwarted by this gap. Conclusions: The deepening links between health and foreign policy require both the diplomatic and global health communities to reexamine the skills, comprehension, and resources necessary to achieve their mutual objectives. PMID:21933277

  5. Defining health diplomacy: changing demands in the era of globalization.

    Science.gov (United States)

    Katz, Rebecca; Kornblet, Sarah; Arnold, Grace; Lief, Eric; Fischer, Julie E

    2011-09-01

    Accelerated globalization has produced obvious changes in diplomatic purposes and practices. Health issues have become increasingly preeminent in the evolving global diplomacy agenda. More leaders in academia and policy are thinking about how to structure and utilize diplomacy in pursuit of global health goals. In this article, we describe the context, practice, and components of global health diplomacy, as applied operationally. We examine the foundations of various approaches to global health diplomacy, along with their implications for the policies shaping the international public health and foreign policy environments. Based on these observations, we propose a taxonomy for the subdiscipline. Expanding demands on global health diplomacy require a delicate combination of technical expertise, legal knowledge, and diplomatic skills that have not been systematically cultivated among either foreign service or global health professionals. Nonetheless, high expectations that global health initiatives will achieve development and diplomatic goals beyond the immediate technical objectives may be thwarted by this gap. The deepening links between health and foreign policy require both the diplomatic and global health communities to reexamine the skills, comprehension, and resources necessary to achieve their mutual objectives. © 2011 Milbank Memorial Fund. Published by Wiley Periodicals Inc.

  6. An Australian hospital's training program and referral pathway within a multi-disciplinary health-justice partnership addressing family violence.

    Science.gov (United States)

    Forsdike, Kirsty; Humphreys, Cathy; Diemer, Kristin; Ross, Stuart; Gyorki, Linda; Maher, Helena; Vye, Penelope; Llewelyn, Fleur; Hegarty, Kelsey

    2018-06-01

    An innovative health-justice partnership was established to deliver legal assistance to women experiencing family violence who attended an Australian hospital. This paper reports on a multifaceted response to build capacity and willingness of health professionals to identify signs of family violence and engage with referral pathways to on-site legal assistance. A Realistic Evaluation analysed health professionals' knowledge and attitudes towards identification, response and referral for family violence before and after training; and use of referral pathways. Of 123 health professionals participating in training, 67 completed baseline and follow-up surveys. Training improved health professionals' self-reported knowledge of, and confidence in, responding to family violence and understanding of lawyers' roles in hospitals. Belief that patients should be referred to on-site legal services increased. Training did not correspond to actual increased referrals to legal assistance. The program built capacity and willingness of health professionals to identify signs of, and respond to, family violence. Increase in referral rates to legal assistance was not shown. Potential improvements include better data capture and greater availability of legal services. Implications for public health: Strong hospital system supports and reliable recording of family violence referrals need to be in place before introducing such partnerships to other hospitals. © 2017 The Authors.

  7. Comparison of the legal regulation of crypto-currency in Switzerland, the United States of America and Japan

    OpenAIRE

    Yakimenka, Aliaksandr

    2017-01-01

    Resume In my graduation thesis I concentrated on the comparative characteristics of the legal regulation of crypto-currency in three countries: Switzerland, the United States of America and Japan. Because it is a very crucial and challenging topic today and many governments are trying to find the solution for it. These countries and their legal regulations are considered to be the best in the world in many aspects, that other countries are trying to be equal to and they took leading position ...

  8. Good governance for pension schemes

    CERN Document Server

    Thornton, Paul

    2011-01-01

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

  9. LEGAL EDUCATION OF PHARMACISTS IN A CONTEXT OF SOCIETY DEMOCRATIZATION AND THE EUROPEAN STANDARDS OF EDUCATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    I. M. Alieksieieva

    2015-04-01

    Full Text Available In order to determine the urgent need for scientific applied research to improve legal education and legal education in higher educational institutions of the pharmaceutical and medical profile conditions have been explored by such methods as observation, comparison, analysis and synthesis, identification, description and interpretation. It has been established that the main source of specific legal education must be current legislation and international instruments ratified by the Ukrainian parliament - the VerkhovnaRada, which is common tool of general civil and professional relationships regulation. This suggests that state government should strive to keep this professional category not only highly professional, but also highly moral, highly cultured and the right conscious. The aim of the article - scientific research and theoretical study of social meaning and motivation to legal education in the departments of pharmaceutical profile in terms of the university. Materialsandmethodsofresearch The research is based on an analysis of academic publications and monographs on the theory of state and law, philosophy, psychology, legal psychology and copyright research and professional publications on the current state of legal education, legal trainingand legal culture of students in Ukraine. Results and discussion The man, society, state - three interrelated nature of social and historical phenomena, the emergence and development of which are caused by objective natural laws. Each of these institutions of social life is in constant dynamics and relationships. Prominent in the specified interaction takes man with his natural rights and interests. But that does not mean it has to be a passive consumer goods, which should create the society and the state. Fundamental preconditions for the improvement of society and the state, as the basis for a comfortable, safe human existence is a constant development and improvement of himself (physical, moral

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

    Directory of Open Access Journals (Sweden)

    Ima Célia Guimarães Vieira

    2014-07-01

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

  11. LEGAL AND INSTITUTIONAL FRAMEWORK OF MEDIATION IN REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Andon Majhoshev

    2014-10-01

    Full Text Available Mediation as an alternative dispute resolution enables faster, more efficient and less costly resolution of disputes in relation to the proceedings. Its operation is based on the following principles: voluntary, equality of the parties, neutrality of the mediator, exclusion of the public, efficiency of the procedure, confidentiality of information, fairness. In Macedonia the mediation as an alternative dispute resolution was introduced by the Law on Mediation in 2006. However, besides this law, the resolution of disputes by mediation is regulated by other special laws such as the Family Law Act, Consumer Law, the Juvenile Justice, Law for the peaceful resolution of labor disputes, etc.. For effective functioning of the mediation, except legal regulation of mediation, and established appropriate institutional framework is an important link for a successful mediation. The institutional framework of mediation includes: Ministry of Justice - Sector for Mediation, Board for Mediation, the Mediators Chamber of Macedonia and mediator. All the above institutions have proper function in the system of mediation and their jurisdiction is governed normative-legal. The legal and institutional framework actually consists of mediation system in the country and represent a whole.

  12. 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

  13. 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....

  14. Energy Conservation of the Designated Government Buildings in Thailand

    Directory of Open Access Journals (Sweden)

    Wangskarn Prapat

    2016-01-01

    Full Text Available The designated government buildings have implemented and administered energy program under the energy development and promotion Act 2007 for many years continuously until 2015. Appointment person responsible for energy, performing energy management and implementing the energy conservation work plan and measures are legal requirements for the designated buildings. Therefore, the ministry of Energy has launched the project to support the implementation of energy management. The aim of the project was to create the energy management system in the designated government buildings, and to reduce energy consumption. In this paper, the evaluation of the project has been presented from the achievements of 839 designated government buildings. The energy saving is more than 440 ktoe/year. This is about 3% of energy consumptions of buildings.

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

    Science.gov (United States)

    Puska, Pekka

    2017-05-23

    The World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) is a unique global health instrument, since it is in the health field the only instrument that is international law. After the 10 years of its existence an Independent Expert Group assessed the impact of the FCTC using all available data and visiting a number of countries interviewing different stakeholders. It is quite clear that the Treaty has acted as a strong catalyst and framework for national actions and that remarkable progress in global tobacco control can be seen. At the same time FCTC has moved tobacco control in countries from a pure health issue to a legal responsibility of the whole government, and on the international level created stronger interagency collaboration. The assessment also showed the many challenges. The spread of tobacco use, as well as of other risk lifestyles, is related to globalization. FCTC is a pioneering example of global action to counteract the negative social consequences of globalization. A convention is not an easy instrument, but the FCTC has undoubtedly sparked thinking and development of other stronger public health instruments and of needed governance structures. © 2018 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  16. 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...

  17. ITALIAN LOCAL PUBLIC SERVICES: SOME GOVERNANCE HIGHLIGHTS FROM THE LARGER CITIES’ EXPERIENCE

    Directory of Open Access Journals (Sweden)

    DE MATTEIS Fabio

    2013-06-01

    Full Text Available Entrusting most local public services to local government entities has led to proliferation of public groups and, consistently, to greater complexity of the governance dynamics of local authorities. Differently from Anglo-Saxon countries, the Italian local public services provision has been characterized by a hybrid externalization process where local entities are legally autonomous but owned by the local government. This leads to a peculiar governance complexity source represented by the dual role (stakeholder and customer assumed by the local authority. Considering these elements (hybrid externalization and governance structure, this work tries to investigate some governance issues of public groups, basing on the two most populous Italian municipalities. The empirical findings highlight a gap between the presence of the conditions for defining a group governance structure and the adoption of a group approach by the parent local government. The authors try to suggest how to bridge this gap.

  18. 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'. ...

  19. 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.

  20. Women in Indian Courts of Law: A Study of Women Legal Professionals in the District Court of Lucknow, Uttar Pradesh, India

    OpenAIRE

    Mishra, Saurabh Kumar

    2016-01-01

    Men have traditionally dominated legal profession in India. Women’s entry could be possible only after long and protracted legal battles, and even then, their presence in the courts remained insignificant until the end of the twentieth century. However, the policy of globalisation in the twenty-first century has provided additional opportunities to Indian women in legal education and training. The invasion of modernity has not only moderated the court environment but has also put an end to th...

  1. Federal legal constraints on state and local regulation of radioactive materials transportation

    International Nuclear Information System (INIS)

    Reese, R.T.; Morris, F.A.; Welles, B.W.

    1980-01-01

    Within the last five years, the transportation of nuclear materials has experienced a rapid growth of state/local regulations. The federal government is responding to develop a legal basis for declaring these state/local regulations inconsistent and has proceeded to declare certain state regulations invalid. This paper summarizes the relevant legal doctrines, places these doctrines in the context of the federal regulatory framework and reaches conclusions about what forms of state and local regulation may be subject to possible preemptive initiatives and what regulations are unlikely candidates for federal actions. This paper also discusses an example of a preemptive initiative and a federal action. The initiative is contained in DOT's proposed rule on Highway Routing of Radioactive Materials. DOT's first general preemptive action under the Hazardous Materials Transportation Act is described with respect to decisions on Rhode Island's regulations regarding transportation of liquified natural and petroleum gases. There are still some issues that have not been clarified - the role of the federal government in the development and support of emergency response capabilities for nuclear and other hazardous materials, detailed shipment information, and state requirements for prenotifications

  2. Collaborations and partnerships for public service training

    Directory of Open Access Journals (Sweden)

    Noluthando S Matsiliza

    2016-07-01

    Full Text Available This article notes significant collaborations and partnerships adopted as training strategies applied for improving national skill development. The discourse followed here critically different roles and functions of structures such as public agencies, academic institutions, private sector and non-governmental training providers regulated by law. Scholars in various fields noted benefits and challenges of collaborative management and partnerships in training and skills development that enhance effective resources management, facilitation and participation of stakeholders in various organisations. Using a qualitative approach, this theoretical article argues that academics played a significant role in collaborating with policy-makers to up-skill the civil force. Even though, there are numerous actors at multi-level governance with diverse training needs and interests, there are still gabs in the model adopted by government to provide training of public officials in South Africa. Therefore it is recommended that the Government through the National School of Government should monitor and evaluate the effectiveness of these collaborations and partnerships to provide continuous improvement

  3. Police Training to Align Law Enforcement and HIV Prevention: Preliminary Evidence From the Field

    Science.gov (United States)

    Agrawal, Alpna; Moreau, Bruce; Kumar, Pratima; Weiss-Laxer, Nomi; Heimer, Robert

    2011-01-01

    Having identified gaps in implementation of Rhode Island's syringe access law and police occupational safety education, public health and police professionals developed police training to boost legal knowledge, improve syringe access attitudes, and address needlestick injuries. Baseline data (94 officers) confirmed anxiety about needlestick injuries, poor legal knowledge, and occupational risk overestimation. Before training, respondents believed that syringe access promotes drug use (51%), increases likelihood of police needlestick injuries (58%), and fails to reduce epidemics (38%). Pretraining to posttraining evaluation suggested significant shifts in legal and occupational safety knowledge; changes in attitudes toward syringe access were promising. Training that combines occupational safety with syringe access content can help align law enforcement with public health goals. Additional research is needed to assess street-level effect and to inform intervention tailoring. PMID:21940924

  4. Electronic commercial diplomacy: a research model and an empirical analysis of embassy websites

    NARCIS (Netherlands)

    Ruel, Hubertus Johannes Maria; Gesink, Tobias; Bondarouk, Tatiana

    2015-01-01

    This article deals with the question to what extent governments adopted digital communication channels in their commercial diplomacy services? Commercial diplomatic services are offered by governments to companies and entrepreneurs who aspire to do business in another country. First, this article

  5. Legal aspects of the nuclear policy of the V Republic

    International Nuclear Information System (INIS)

    Colson, J.-P.

    1977-01-01

    Contrary to most other OECD Countries, France does not presently possess an outline Act governing all nuclear activities. The nuclear legal system stems mainly from a series of texts, most of which are of a regularoty nature. This governmental monopoly is apparent in three areas: definition of the principal options in nuclear policy, in particular regarding nuclear power generation; public utilities development and the role of CEA and EDF; overall determination of nuclear power plant siting. (NEA) [fr

  6. e-Learning strategies in occupational legal medicine based on problem solving through "CASUS" system.

    Science.gov (United States)

    Martínez-Jarreta, B; Monsó, E; Gascón, S; Casalod, Y; Abecia, E; Kolb, S; Reichert, J; Radon, K

    2009-04-01

    The use of online teaching tools facilitate the incorporation of self-learning methods. With a view to encouraging convergence in teaching tools and methods in Occupational Legal Medicine, an initiative was set up within the classes of Legal and Forensic Medicine at Saragossa University, as part of the EU funded NetWoRM project, which has been led since 1999 by Ludwig-Maximilians-Universität in Munich (Germany). The interest of medical students in Occupational Legal Medicine has so far been low and in addition different aspects complicate the teaching of Occupational Legal Medicine at medical schools: One reason for the low interest is the limited availability of bedside teaching, one of the students' most favourite and effective way to learn. The reason for that is that most medical schools with occupational departments only have outpatient clinics. "Interesting" patients who be need for educational purposes are therefore only available for a limited part of the day. However, in order to recognize and prevent occupational disorders each medical student and physician needs profound clinical knowledge in Occupational Legal Medicine. This project has proven to be highly efficient in permitting the creation and validation of teaching tools which cover and improve the traditional training of the Occupational Legal Medicine programme imparted in the degree of Medicine.

  7. Ethical, legal and clinical aspects of live surgery in urology - contemporary issues and a glimpse of the future.

    Science.gov (United States)

    Cumpanas, Alin Adrian; Ferician, Ovidiu Catalin; Latcu, Silviu Constantin; Pricop, Catalin; Bardan, Razvan Tiberiu

    2017-01-01

    Beside dry and wet lab training, simulators, video tapes, fellowships and clinical visits, live surgery has gained popularity during the last years, being an attraction point at large scientific meetings and at postgraduate courses as well. This type of surgical training raises both ethical and legal issues. Thus, there are professional societies that have banned such meetings, mainly due to safety reasons for the patient. The current article aims to identify and to discuss ethical and legal issues related to the topic, advantages, disadvantages and weak points of this emerging challenge for modern medicine, trying to analyze the issues from all relevant points of view: those of the patient, the surgeon and the session attendant.

  8. Measures to implement the Chemical Weapons Convention

    International Nuclear Information System (INIS)

    Tanzman, E.; Kellman, B.

    1999-01-01

    This seminar is another excellent opportunity for those involved in preventing chemical weapons production and use to learn from each other about how the Chemical Weapons Convention (CWC) can become a foundation of arms control in Africa and around the world. The author is grateful to the staff of the Organization for the Prohibition of Chemical Weapons (OPCW) for inviting him to address this distinguished seminar. The views expressed in this paper are those of the authors alone, and do not represent the position of the government of the US nor or of any other institution. In 1993, as the process of CWC ratification was beginning, concerns arose that the complexity of integrating the treaty with national law would cause each nation to implement the Convention without regard to what other nations were doing, thereby causing inconsistencies among States Parties in how the Convention would be carried out. As a result the Manual for National Implementation of the Chemical Weapons Convention was prepared and presented it to each national delegation at the December 1993 meeting of the Preparatory Commission in The Hague. During its preparation, the Manual was reviewed by the Committee of Legal Experts on National Implementation of the Chemical Weapons Convention, a group of distinguished international jurists, law professors, legally-trained diplomats, government officials, and Parliamentarians from every region of the world, including Mica. In February 1998, the second edition of the Manual was published in order to update it in light of developments since the CWC entered into force on 29 April 1997. The second edition 1998 clarified the national implementation options to reflect post-entry-into-force thinking, added extensive references to national implementing measures that had been enacted by various States Parties, and included a prototype national implementing statute developed by the authors to provide a starting point for those whose national implementing

  9. Measures to implement the Chemical Weapons Convention

    Energy Technology Data Exchange (ETDEWEB)

    Tanzman, E.; Kellman, B.

    1999-11-05

    This seminar is another excellent opportunity for those involved in preventing chemical weapons production and use to learn from each other about how the Chemical Weapons Convention (CWC) can become a foundation of arms control in Africa and around the world. The author is grateful to the staff of the Organization for the Prohibition of Chemical Weapons (OPCW) for inviting him to address this distinguished seminar. The views expressed in this paper are those of the authors alone, and do not represent the position of the government of the US nor or of any other institution. In 1993, as the process of CWC ratification was beginning, concerns arose that the complexity of integrating the treaty with national law would cause each nation to implement the Convention without regard to what other nations were doing, thereby causing inconsistencies among States Parties in how the Convention would be carried out. As a result the Manual for National Implementation of the Chemical Weapons Convention was prepared and presented it to each national delegation at the December 1993 meeting of the Preparatory Commission in The Hague. During its preparation, the Manual was reviewed by the Committee of Legal Experts on National Implementation of the Chemical Weapons Convention, a group of distinguished international jurists, law professors, legally-trained diplomats, government officials, and Parliamentarians from every region of the world, including Mica. In February 1998, the second edition of the Manual was published in order to update it in light of developments since the CWC entered into force on 29 April 1997. The second edition 1998 clarified the national implementation options to reflect post-entry-into-force thinking, added extensive references to national implementing measures that had been enacted by various States Parties, and included a prototype national implementing statute developed by the authors to provide a starting point for those whose national implementing

  10. The nuclear phase-out. An expensive miscalculation by the federal government?

    International Nuclear Information System (INIS)

    Kerssenbrock, Trutz Graf

    2011-01-01

    With its ''energy turnaround'', implemented on 31 July 2011 through the Thirteenth Amendment to the Nuclear Energy Law (AtG), the Liberal/Christian Democrat Government finally seems to have thrown all caution to the wind. Its conduct of state affairs in the meantime appears to be governed more by calculated political manoeuvering and emotion mongering than by the constitutional order, and in legal respects it is leading the Federal Government into an impasse. The present article examines the impact of this misguided decision on the public purse in the form of (legitimate) claims for damage by the power supply companies concerned, and to what magnitude it might amount.

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

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2012-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2013-02-01

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

  13. The Governing Board of the Pension Fund

    CERN Multimedia

    2007-01-01

    The Governing Board of the Pension Fund held its 151st meeting on 7 March at which the Legal Service reported on the ILOAT's judgment concerning an appeal lodged by a beneficiary against the CERN Council's decision to index his pension by 0% for 2005. The Governing Board noted with satisfaction that the appeal had been rejected. The ILOAT recognised that the CERN Council, which had followed the Governing Board's recommendation, had been entitled to take this decision as an 'urgent protective measure' in respect of the Fund's financial position. At the same meeting, the members of the Governing Board expressed their opinions on the report by the consultancy firm Mercer which had been entrusted with the task of comparing the CERN Pension Fund with a sample of similar European funds. It endorsed the CERN Management's opinion that Mercer had not been in a position to make a pertinent comparison between the CERN Pension Fund and other pension funds, and concurred with the conclusions presented by the Management....

  14. DUAL TRAINING IN RUSSIA: FROM THE CONCEPT TO PRACTICE

    Directory of Open Access Journals (Sweden)

    Alexander A. Listvin

    2016-01-01

    Full Text Available The purpose of the present article is to judge and justify the conditions of system elements application of dual training at implementation of programs of professional education for increase of efficiency of functioning and quality of preparation of qualified personnel by institutions of the secondary professional education (SPE. Methods. The methods used in work involve the comparative analysis of practice of application of dual training in system of professional education of Germany and regions of Russia for the purpose of identification of the existing problems and definition of optimum organizational and legal and didactic conditions. Results. The essence of system of dual training, its strong and weaknesses reveals. Necessary and indispensable conditions of application of dual training in modern regional systems of professional education are proved. Scientific novelty. According to the author, modern publications on problems and ways of development of professional education in Russia contain enough antinomy of standard and legal and organizational and administrative character. In particular, operating by the concept «dual education», an identification of the practice-focused and dual training introduction «the list 50 of the most demanded in labor market, the new and perspective professions that demand secondary professional education» as opposed to the existing list of professions and the constitutional guarantee of public and free secondary professional education. Standard and legal, and didactic conditions of application of elements of dual training in regional systems of professional education are proved theoretically. Practical significance. Implementation of the research outcomes can be useful to pedagogical staff of institutions of secondary professional education, representatives of employers and Chambers of Commerce and Industry to the organization and use of system of dual training in training of skilled workers (serving

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

    Directory of Open Access Journals (Sweden)

    Raluca Ivan

    2015-12-01

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

  16. Federal Agency Scientific Integrity Policies and the Legal Landscape

    Science.gov (United States)

    Kurtz, L.

    2017-12-01

    Federal agencies have worked to develop scientific integrity policies to promote the use of scientific and technical information in policymaking, reduce special-interest influences, and increase transparency. Following recent allegations of agency misconduct, these policies are now more important than ever. In addition to setting standards, scientific integrity policies also provide avenues for whistleblowers to complain about perceived violations. While these policies have their shortcomings (which may differ by agency), they are also one of the better available options for upholding principles of scientific integrity within the federal government. A legal perspective will be offered on what sorts of issues might rise to the threshold to make an official complaint, and the process of actually making a complaint. Other legal avenues for complaining about scientific integrity violations will also be discussed, such as complaints filed with the U.S. Office of Special Counsel or an agency's Office of Inspector General, and bringing the matter to federal court.

  17. Openness, transparency and public participation in the governance of uranium mining in Greenland:

    DEFF Research Database (Denmark)

    Pelaudeix, Cécile; Basse, Ellen Margrethe; Loukacheva, Natalia

    2017-01-01

    This article examines the implementation of the principles of openness, transparency and public participation in the decision-making regarding the conditions for uranium mining in Greenland from a legal and political perspective. The time frame covers the period from the exploration for minerals...... before the Second World War to 2016-17 where the current Greenlandic authorities prepared a license for a project of extraction of rare earth elements and uranium in Kvanefjeld. It is shown that the issue of openness, transparency and public participation in Greenland is a long-standing issue...... to it - has impacted the design of governance in Greenland, and that the constraints put today on a full implementation of the legal principles of openness, transparency and public participation in the governance of uranium mining in Greenland, amongst other factors, point to a current hybrid political...

  18. Towards Principles-Based Approaches to Governance of Health-related Research using Personal Data.

    Science.gov (United States)

    Laurie, Graeme; Sethi, Nayha

    2013-01-01

    Technological advances in the quality, availability and linkage potential of health data for research make the need to develop robust and effective information governance mechanisms more pressing than ever before; they also lead us to question the utility of governance devices used hitherto such as consent and anonymisation. This article assesses and advocates a principles-based approach, contrasting this with traditional rule-based approaches, and proposes a model of principled proportionate governance . It is suggested that the approach not only serves as the basis for good governance in contemporary data linkage but also that it provides a platform to assess legal reforms such as the draft Data Protection Regulation.

  19. Towards Principles-Based Approaches to Governance of Health-related Research using Personal Data

    Science.gov (United States)

    Laurie, Graeme; Sethi, Nayha

    2013-01-01

    Technological advances in the quality, availability and linkage potential of health data for research make the need to develop robust and effective information governance mechanisms more pressing than ever before; they also lead us to question the utility of governance devices used hitherto such as consent and anonymisation. This article assesses and advocates a principles-based approach, contrasting this with traditional rule-based approaches, and proposes a model of principled proportionate governance. It is suggested that the approach not only serves as the basis for good governance in contemporary data linkage but also that it provides a platform to assess legal reforms such as the draft Data Protection Regulation. PMID:24416087

  20. Learning in Australian local government: A roadmap for improving education & training

    Directory of Open Access Journals (Sweden)

    Ronald Woods

    2016-02-01

    Full Text Available Faced with a context of national and state reform agendas as well as resource scarcity, Australian local government has pressing workforce development issues. This level of government is small in scale, geographically dispersed and subject to variations in state jurisdiction. These factors represent structural constraints to identifying and advocating a national approach for addressing workforce needs such as the provision of tailored education and professional development. This paper documents a sector consultation process exploring education and professional development for local government which aimed to identify needs on both supply and demand sides. The research found that aspirations for education and professional development tailored to the needs of local government aim to support the development of better local governance and leadership, and to address critical skills shortage issues. This may provide empirical grounds for promoting, planning, implementing and evaluating capacity-building initiatives in this third tier of government in the Australian federation.