Government Decree No 24/84 approving accession to the Convention of 31 January 1963 Supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy

International Nuclear Information System (INIS)

1984-01-01

Portugal is a Contracting Party of the Paris Convention which establishes a special system of liability for the operator of nuclear installations in Contracting States: absolute liability and its limitation in amount and in time. The Brussels Supplementary Convention, to which Portugal will accede in accordance with this Decree of 24 April 1984, introduces an additional compensation in two further tiers, the first out of public funds from the country where the nuclear incident originates and the second, highest amount, out of public funds from all Contracting States in cases where damage exceeds the sum to be paid by the Contracting Party concerned. (NEA) [fr

Third party liability for nuclear damage

International Nuclear Information System (INIS)

Crancher, D.W.

1976-12-01

Basic principles of nuclear liability legislation are discussed including absolute and limited liability and the role of the Sovereign State in idemnifying the operator for damage in excess of limited liability. European counrties realised the need for unifying the law of nuclear instability and efforts were made accordingly towards producing workable international conventions. The world's first legislation on nuclear liability - the USA Price-Anderson Act - is described in detail and a digest of nuclear liability claims experience is given. Observations of the present status of nuclear third party liability are outlined. (Author)

Paris Convention on third party liability in the field of nuclear energy and Brussels Convention Supplementary to the Paris Convention

International Nuclear Information System (INIS)

1989-01-01

This new bilingual (English and French) edition of the 1960 Paris Convention and 1963 Brussels Supplementary Convention incorporates the provisions of the Protocols which amended each of them on two occasions, in 1964 and 1982. The Expose des motifs to the Paris Convention, as revised in 1982 is also included in this pubication. (NEA) [fr

Claims expenses and limits of liability in third party liability insurances

International Nuclear Information System (INIS)

Rehmann, J.

1992-01-01

After the Chernobyl accident, more than 300,000 individual claims totalling DM 440 million were settled in Germany, even though the level of radiation was relatively low. This has alerted insurers to the potential level of expenses connected with the handling and settlement of claims following a major nuclear accident which, it is estimated, could amount to DM 50 million per 100,000 claims. The Paris Convention (PC) states the principle of congruence between liability and coverage for nuclear installations. The minimum amounts of liability and coverage must be exclusively reserved for the compensation of accident victims. This paper will show that in PC countries, the majority of claims expenses - both internal and external -are borne by the insurers in addition to the sums insured for the compensation of third parties, with limited extensions of coverage in some cases. The situation is different in non-PC countries, and particularly in the United States of America, where expenses are included in the total sum insured together with compensation payments to third parties. This situation would not pose a problem if the minimum amounts of liability and coverage as stated in the PC were still applicable. In practice, most countries have since increased these amounts substantially, thus reducing the insurers' ability to make the maximum possible capacity available for indemnities to victims. Thus, before further increasing the statutory limits of liability, governments should, when conducting the Nuclear Energy Agency revision of the PC, consider allowing insurers to include claims handling expenses in their total sums insured; with a finite amount of risk, insurers would then be able to commit their full capacity instead of withholding a safety buffer for an open-ended commitment. (author)

Paris convention - Decisions, recommendations, interpretations

International Nuclear Information System (INIS)

1990-01-01

This booklet is published in a single edition in English and French. It contains decisions, recommendations and interpretations concerning the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy adopted by the OECD Steering Committee and the OECD Council. All the instruments are set out according to the Article of the Convention to which they relate and explanatory notes are added where necessary [fr

Revision of the Paris Convention from the German point of view

International Nuclear Information System (INIS)

Mahlmann, Wilfried.

1977-01-01

The paper discusses the revision of the Paris Convention from the German point of view and states how this country has used the possibilities for exceptions provided under the Convention so that German nuclear third party liability legislation differs somewhat from the standards laid down in the Convention. This is explained by a desire to provide increased financial security for the population concerned. After describing various proposed procedures for increasing liability amounts in the Paris Convention and the Brussels Supplementary Convention the author concludes that his country would welcome a revision of the Conventions which would provide increased financial security for the public. (NEA) [fr

International conventions on civil liability for nuclear damage. Revised 1976 ed.

International Nuclear Information System (INIS)

1976-01-01

This revised edition contains the texts of the following multilateral conventions and instruments concerning civil liability for nuclear damage: The Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage; The Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy (incorporating the provisions of the Additional Protocol of 28 January 1964); The Brussels Convention of 31 January 1963; Supplementary to the Paris Convention of 29 July 1960 (and incorporating the provisions of the Additional Protocol signed in Paris on 28 January 1964); and the Brussels Convention of 25 May 1962 on the Liability of Operators of Nuclear Ships. Final Act and Resolutions of the International Conference on Civil Liability for Nuclear Damage, held in Vienna from 29 April to 19 May 1963; Final Act of the International Legal Conference on Maritime Carriage of Nuclear Substances, held in Brussels from 29 November to 2 December 1971; and Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, adopted at Brussels on 17 December 1971

Challenges facing the insurance industry since the modernisation of the international nuclear third party liability regime

International Nuclear Information System (INIS)

Quere, Alain

2014-01-01

The modernisation of international conventions governing third-party liability in the nuclear field is essentially an attempt to resolve certain shortcomings whilst setting out higher compensation sums and extending the cover for nuclear damage for which compensation is payable. The latest convention revisions occurred in 2004 and led to the adoption of protocols amending the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Convention supplementing the Paris Convention. However, the substance of the current regimes is largely the result of conventions drawn up in the 1960's and, in the eyes of the general public, the changes made in 2004 are mainly concerned with increasing the compensation sums. Despite the proposed increases in the compensation amounts, there is certainly no doubt that the potential costs of a major nuclear accident will not be fully covered by the revised Conventions. In other words, the actual compensation amount in the event of nuclear damage is quite low if we refer back to known events. By way of example, the direct cost of the Fukushima Daiichi nuclear power plant accident is estimated to be above EUR 100 billion according to different sources. The accident virtually bankrupted the Tokyo Electric Power Company (TEPCO) immediately after this event. The economic costs of the Chernobyl accident, however, are difficult to assess even now. But, according to various sources, the costs also exceed USD 100 billion. The Fukushima Daiichi and Chernobyl accidents share common characteristics. First, the amount of damage could have been even higher had the accident occurred close to major population centres or if the wind direction at the time of the accident had been different. Second, no compensation was provided by the insurance world. Further, these two accidents did not occur within the framework of the new amended conventions (the latest revision of the Paris Convention has still not taken effect). These

Revision of the Paris Convention and the Brussels Supplementary Convention

International Nuclear Information System (INIS)

Busekist, Otto von.

1977-01-01

The Paris Convention and the Brussels Supplementary Convention have in substance remained unchanged since their adoption in 1960 and 1963, respectively. During that period, nuclear industry and technology have developed considerably while the financial and monetary bases of the Conventions have been shattered. The amounts of liability and compensation have been eroded by inflation, and the gold-based unit of account in which these amounts are expressed has lost its original meaning after the abolition of the official gold price. The question of revising the Conventions, in particular of raising those amounts and of replacing the unit of account, is therefore being studied by the Group of Governmental Experts on Third party Liability in the Field of Nuclear Energy of the OECD Nuclear Energy Agency. (auth.) [fr

Liability for nuclear damage and compensation therefor

International Nuclear Information System (INIS)

Prochazkova, D.

1996-01-01

The basic principles are outlined of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, the Brussels Convention Supplementary to the Paris Convention, the Vienna Convention on Civil Liability for Nuclear Damage, and the Joint Protocol Relating to the Application of the Paris Convention and the Vienna Convention. (P.A.)

Improvement of nuclear third party liability system

International Nuclear Information System (INIS)

Kim, S. W.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

2001-01-01

A special regime for nuclear third party liability is necessary since the ordinary common law is not well suited to deal with the particular problems in the field of nuclear industry. The basic principles of this regime is i) strict liability (other than traditional fault liability), ii) channelling and the exclusive liability of operator, iii) compulsory financial security, iv) limits on liability in amount and in time v) intervention by the state, etc. In Korea, a revision was made to the Nuclear Damage Compensation Act on 16th January, 2001. The revision aimed at the reflection of the spirit of the new Vienna Convention on Nuclear Liability (1997) such as i) limit of liability to an amount of 300mil SDR, ii) increase of the level of financial protection (in the presidential decree, the 'Phasing-In' system would be introduced), iii) Extension of the definition 'nuclear damage', iv) extension of the scope of application to EEZ, v) deletion of 'natural calamity' from the causes of immunity, vi) extension of prescription period for personal injury to a length of 30 year

Practical problems of third party liability connected with nuclear installations

International Nuclear Information System (INIS)

Lacroix, F.

1975-01-01

A special regime of liability for nuclear damage was established by the Paris Convention, 1960, and the Vienna Convention, 1963. The same basic principles are embodied in both Conventions. Some discrepancies, however, still exist between them despite the adoption of an additional protocol to the Paris Convention in 1964 for harmonization purposes. Practical problems facing insurers and suggestions for suitable solutions are presented. International transport of nuclear material raises, in particular, complex issues. With regard to civil liability arising out of the carriage of nuclear material by sea, a possible conflict between maritime transport conventions and nuclear liability conventions was resolved by the Brussels' Convention, 1971. Wider ratification of the nuclear conventions appears to be the only way for coping with some remaining difficulties, in particular with respect to nuclear material in transit

Dual Liability for Nuclear Damage in Conventions and Finnish Legislation in the Field of Transport

International Nuclear Information System (INIS)

Manninen, J.

1986-01-01

The exception made in the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy to the otherwise absolute channelling of liability in order to avoid conflicts with the then existing international agreements in the field of transport is briefly described. The dual liability created by this provision is studied, as well as the question whether and when the victim might prefer to base his claim on a transport agreement instead of the Paris Convention. The so-called nuclear clauses in the new agreements in the transport field are analysed. The problems caused by the absence of a nuclear clause in the Guatemala City and Montreal Protocols, amending the Warsaw Convention relating to international air carriage are noted. Finally the relationship between nuclear liability legislation and transport legislation in Finland, as well as the cases where a dual liability existed at the time of the ratification of the Paris Convention and the changes which have taken place since then are described. (NEA) [fr

Protocol to amend the convention on third party liability in the field of nuclear energy of 29 July 1960, as amended by the additional protocol of 28 January 1964 and by the protocol of 16 November 1982

International Nuclear Information System (INIS)

Johnston, Donald; )

2004-01-01

The governments of Germany, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Norway, Netherlands, Portugal, United Kingdom, Slovenia, Sweden, Switzerland and Turkey; considering that it is desirable to amend the Convention on Third Party Liability in the Field of Nuclear Energy, concluded at Paris on 29 July 1960 within the framework of the Organisation for European Economic Co-operation, now the Organisation for Economic Co-operation and Development, as amended by the Additional Protocol signed at Paris on 28 January 1964 and by the Protocol signed at Paris on 16 November 1982; have agreed that the Convention shall be amended again. This document presents the modifications given to the text in 6 different languages

Third party liability in the field of nuclear law an irish perspective

International Nuclear Information System (INIS)

O'Higgins, P.; McGrath, P.

2002-01-01

This paper will first set out in summary form the main provisions of the Paris Convention, the instrument under which issues of third party liability between the majority of NEA member states affected by any such incident would be resolved, and will then set out some of the perceived advantages and disadvantages which would result from an application of the provisions of the Convention to a non-nuclear state such as Ireland. This paper will then consider how Irish victims of a nuclear incident might re.cover compensation for loss and damage caused by such an incident. For reasons set out below, it is the view of the authors that Irish victims of such an incident could first bring their claim in Ireland or in France, that it is likely that Irish law would apply to any such claim and that any judgement, including any interlocutory judgement in such proceedings, could be enforced in the courts of any other European Union state, including France. (authors)

Transposition into swiss law of the Paris convention and the Brussels supplementary convention, as amended

International Nuclear Information System (INIS)

Tami, R.; Daina, S.

2004-01-01

Apart from the considerable increase in the amounts of cover, two basic factors lie behind the Swiss government decision to propose shortly to parliament a draft revised L.R.C.N.(federal act on nuclear third party liability). These are, firstly, that the revised Paris/Brussels system still incorporates the principle of the limited liability of the operator of a nuclear installation but now contains a minimum liability amount (liability threshold) and no longer a maximum amount (liability ceiling), and secondly, that the States parties are allowed to provide in their national legislation for the unlimited liability of operators. One of the aims of ratifying the revised conventions is to enable most victims to obtain fair compensation on an egalitarian basis for damage caused by a nuclear incident, and also to join an international system for compensating nuclear damage based on solidarity between states, most of them nuclear. (N.C.)

Nuclear Liability Legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

1998-01-01

This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

Decree No. 33/77 of 11 March approving ratification of the Convention on Third Party Liability in the Field of Nuclear Energy, signed in Paris on 29 July 1960 and amended by the Additional Protocol, signed in Paris on 29 January 1964

International Nuclear Information System (INIS)

1977-01-01

This Decree, promulgated on 21 February 1977, approves ratification of the Paris Convention and reproduces the full text of the Convention in French, followed by its translation into Portuguese. The Paris Convention provides an exceptional nuclear liability system and its scope is limited to risks of an exceptional character for which common law rules and practice are not suitable. Under the Convention, liability is absolute, channelled onto the nuclear operator and limited in amount. (NEA) [fr

Ordinance on nuclear third party liability (ORCN)

International Nuclear Information System (INIS)

1983-12-01

The Ordinance exempts from the application of the 1983 Act on Nuclear Third Party Liability some substances with low radiation effects. It determines the amount of private insurance cover and defines the risks that insurers may exclude from cover. It establishes a special fund for nuclear damage made up of contributions from the nuclear operators. Specifications are given on the amount of the contributions and their conditions, as well as on administration of the fund. The Ordinance repeals the Ordinance of 13 June 1960 on funds for delayed atomic damage, the Order of 19 December 1960 on contributions to the fund for delayed atomic damage and the Ordinance of 30 November 1981 on cover for third party liability resulting from nuclear power plant operation [fr

16 CFR 240.13 - Customer's and third party liability.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Customer's and third party liability. 240.13 Section 240.13 Commercial Practices FEDERAL TRADE COMMISSION GUIDES AND TRADE PRACTICE RULES GUIDES FOR ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.13 Customer's and third party...

Nuclear third party liability under Polish law

International Nuclear Information System (INIS)

Lewaszkiewic-Petrykowska, B.

1988-01-01

This paper describes the system governing liability for nuclear incidents in Poland. The Atomic Energy Act of 10 April 1986, which entered into force on 1 July 1986, covers all aspects of nuclear activities, including third party liability. Such liability is channelled onto the nuclear operator who must take out insurance to cover his liability up to an amount fixed in the contract. The Act provides that questions not settled by its provisions are governed by the Civil Code; therefore, if personal injuries exceed that amount victims may claim the difference from the State under that Code (NEA) [fr

Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste (This Decision and Recommendation was adopted at the 133. Session of the Steering Committee for Nuclear Energy held on 3-4 November 2016.)

International Nuclear Information System (INIS)

2017-01-01

The steering committee, having regard to the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004, and in particular Article 1(b) thereof; Considering that, by virtue of that Article, the Steering Committee may, if in its view the small extent of the risks involved so warrants, exclude any nuclear installation, nuclear fuel or nuclear substances from the application of the Paris Convention; having regard to Article 8(b) and Article 10(b) of the Statute of the OECD Nuclear Energy Agency; considering that nuclear installations for the disposal of low-level radioactive waste are covered by the provisions of the Paris Convention; considering that it should be made possible for Contracting Parties to cease the application of the Paris Convention to a nuclear installation for the disposal of certain types of low-level radioactive waste where the risks involved are so limited; noting the attached Explanatory Note; decides that any Contracting Party may cease to apply the Paris Convention to a nuclear installation for the disposal of low-level radioactive waste, provided that the provisions set out in the Appendix to this Decision and Recommendation and any additional conditions which the Contracting Party may judge appropriate to establish are met; recommends that the Contracting Parties which make use of this option notify the other Contracting Parties, as well as the Nuclear Energy Agency; and recommends that the Nuclear Energy Agency, as appropriate, analyses periodically the experience gained by the Contracting Parties which use this option and reports back to all the Contracting Parties. (authors)

Act of 18 March 1983 on Nuclear Third Party Liability (LRCN)

International Nuclear Information System (INIS)

1983-01-01

This new Act on nuclear third party liability maintains the two essential principles established by the law in force, namely those of causation and the channelling of liability on to the operator of a nuclear installation. On the other hand, the Act waives the principle of third party liability limited in amount and provides that the person liable must commit himself for an unlimited amount. Such liability is covered as follows: by private insurance up to 300 million francs; by the Confederation up to one thousand million francs over and above the amount covered by private insurance; by all the assets of the person liable. (NEA) [fr

International nuclear liability conventions: status and possible changes

International Nuclear Information System (INIS)

Reyners, Patrick.

1978-01-01

The table of ratifications and accessions annexed to this paper shows that despite the considerable progress achieved these past years and the entry into force of the Vienna Convention, the number of Contracting Parties to the Nuclear Civil Liability Conventions remains insufficient. The adaptation of the first of these Conventions - the Paris Convention - as well as its Brussels Supplementary Convention to the technical and economic developments which have taken place since their adoption should provide the means for encouraging their implementation at international level. The main amendments which are envisaged are replacement of the present unit of account by the Special Drawing Right, the increase of the amounts of liability and compensation and finally, the technical scope of the Paris Convention. (NEA) [fr

motor vehicle lessors' liability for damages to third parties: acomment

African Journals Online (AJOL)

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of defining the scope of application of the Ethiopian law on liability for damages ... Federal Supreme Court in a recent case has rendered a decision that allows. ♧ .... 3.1 Whether Third Party Practice Exonerates Joint and Several. Liability.

Protocol to amend the convention on third party liability in the field of nuclear energy of 29th July 1960, as amended by the additional protocol of 28th January 1964, Paris, 16 November 1982

International Nuclear Information System (INIS)

1983-01-01

This Protocol further amends the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, concluded between the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Luxembourg, Norway, Netherlands, Portugal, United Kingdom, Sweden, Switzerland and Turkey within the framework of the Organisation for Economic Co-operation and Development. (U.K.)

The nuclear liability conventions revised

International Nuclear Information System (INIS)

Reyners, P.

2004-01-01

The signature on 12 February 2004 of the Protocols amending respectively the 1960 Paris Convention and the 1963 Brussels Supplementary Convention was the second step of the process of modernisation of the international nuclear liability regime after the adoption in September 1997 of a Protocol revising the 1963 Vienna Convention and of a new Convention on Supplementary Compensation for Nuclear Damage. The common objective of the new instruments is to provide more funds to compensate a larger number of potential victims in respect of a broader range of damage. Another goal of the revision exercise was to maintain the compatibility between the Paris and Vienna based systems, a commitment enshrined in the 1988 Joint Protocol, as well as to ascertain that Paris/Brussels countries could also become a Party to the Convention on Supplementary Compensation. However, while generally consistent vis a vis the Joint Protocol, the provisions of the Paris and Vienna Conventions, as revised, differ on some significant aspects. Another remaining issue is whether the improved international nuclear liability regime will succeed in attracting in the future a larger number of countries, particularly outside Europe, and will so become truly universal. Therefore, the need for international co-operation to address these issues, to facilitate the adoption of new implementing legislation and to ensure that this special regime keeps abreast of economic and technological developments, is in no way diminished after the revision of the Conventions.(author)

Third Party Nuclear Liability: The Case of a Supplier in the United Kingdom

OpenAIRE

Thomas, A.; Heffron, R. J.

2012-01-01

The law surrounding third party nuclear liability is important to all parties in the nuclear supply chain whether they are providing decommissioning services, project management expertise or a new reactor. This paper examines third party nuclear liability, and in particular, in relation to a Supplier in the nuclear energy sector in the United Kingdom (UK). The term “Supplier” is used in this paper and, depending on the context, is intended to cover all parties in the supply chain providing se...

Nuclear insurance and third-party liability. An overview

Energy Technology Data Exchange (ETDEWEB)

Rashid, Nahrul Khair

1986-04-01

As for any other insurance policy, nuclear insurance involves two parties, the insurer and the insured. The coverage provided for can be against any misfortune or peril; material or physical losses, financial losses, third party liability or even the insured himself as in the case of life or personal insurance. In property and liability insurance, the element of certainty does not exist. Accidents cannot be predicted, the insured will only be able to financially recover the present worth of the property insured as evaluated at the time of the accident and to the extent of the damage arising from the event insured against, which in most cases will be lower than the full value of the property.

The 1968 Brussels convention and liability for nuclear damage

International Nuclear Information System (INIS)

Sands, Ph.; Galizzi, P.

2000-01-01

The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)

The Brussels I Regulation and Liability for Nuclear Damage

International Nuclear Information System (INIS)

Handrlica, J.

2010-01-01

Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 ('the Paris Convention'). The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 ('the Vienna Convention'). In various discussions, the term 'nuclear liability patchwork' is used to describe this existing situation. One of the problems arising from this 'patchwork' is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union ('EU') by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ('Brussels Regulation'), this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation. This paper aims to outline the 'patchwork' of these rules that are applicable to nuclear third party liability cases in the EU and to point out the main consequences arising from this legal framework difficult to comprehend.5 Its scope, however, is limited to the legal issues arising from a nuclear incident occurring in a nuclear installation situated within the territory of the European Union

Effectiveness of Existing International Nuclear Liability Regime

Energy Technology Data Exchange (ETDEWEB)

Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)

2015-10-15

The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

Effectiveness of Existing International Nuclear Liability Regime

International Nuclear Information System (INIS)

Al-Doais, Salwa; Kessel, Daivd

2015-01-01

The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

Transfrontier nuclear civil liability without international conventions

International Nuclear Information System (INIS)

Dogauchi, M.

1992-01-01

Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

Nuclear third party liability and insurance - Status and prospects. Proceedings of the Munich symposium, 10th-14th September 1984

International Nuclear Information System (INIS)

1985-01-01

A symposium on Nuclear Third Party Liability and Insurance, organised by the OECD Nuclear Energy Agency and the International Atomic Energy Agency in 1984 reviewed the fundamental principles of the nuclear third party liability regime and discussed the relationship of the insurance market with the international Conventions in this field. It also examined the concept of nuclear damage and a number of new issues raised by technical developments such as long-term radioactive waste management and decommissioning of nuclear installations. These proceedings reproduce the papers presented, in English or French, as well as the ensuing discussions and panel discussions. (NEA) [fr

A review on liability in case of nuclear accident

International Nuclear Information System (INIS)

Gallage-Alwis, Sylvie; Faron, Pauline

2013-01-01

After having evoked assessments of the cost of a nuclear accident in France and of that of damages caused by the Fukushima accident, the authors propose an overview of the issue of liability of companies involved in the operation of a nuclear power plant. They outline that this regime is mainly governed by two international conventions: the Paris Convention on third party liability in the field of nuclear energy, and the Brussels Convention. The first one bears on the liability of nuclear installation operators, while the second one aims at ensuring an additional compensation of casualties on public funds. They also evoke the Vienna Convention which aims at defining a world regime for nuclear liability. They outline the limited scope of application of the Paris Convention, and the limitation of compensations. They discuss the liability of companies others than those operating nuclear installations

Protocols to Amend the Paris, Vienna and Brussels Supplementary Conventions and the Convention on Supplementary Compensation for Nuclear Damage: Status of their Implementation into National Legislation

International Nuclear Information System (INIS)

Schwartz, J.

2006-01-01

Over the last decade, a number of very significant developments have taken place in modernising the existing international nuclear liability regimes. The first major advancement was the adoption, in September 1997, of the Protocol to amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage (VC Protocol) and of a new Convention on Supplementary Compensation for Nuclear Damage (CSC). This was followed, in February 2004, by the adoption of Protocols to amend both the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (PC Protocol) and the 1963 Brussels Convention Supplementary to the Paris Convention (BSC Protocol). The principle goal of all these new instruments is to provide a greater amount of compensation to a larger number of victims in respect of a broader scope of nuclear damage suffered as a result of a nuclear accident. The second, but still very important objective is the maintenance of compatibility between the revised Paris and Vienna Conventions to ensure the smooth functioning of the 1988 Joint Protocol Relating to the Application of the Vienna Convention (VC) and the Paris Convention (PC). In addition, the PC States wish to ensure that their newly revised Convention will not prevent a Contracting Party from joining the more global regime established by the CSC. However, it remains to be seen to what extent these new instruments will attract a sufficient number of adherents to make them truly effective. While the VC Protocol is already in force, it has not drawn wide support from the 1963 VC States or from countries with important nuclear generating capacity which have not yet joined that latter any Convention. In addition, notwithstanding its adoption almost 10 years ago, the CSC has not yet entered into force and it remains questionable whether it will ever attract the necessary number of adherents for that purpose, especially in light of its strict requirements in this regard. As for the PC and BSC Protocols to

Insurance considerations arising from the revision of the Paris and Brussels conventions on nuclear liability

International Nuclear Information System (INIS)

Warren, G. C.

2000-01-01

The work being undertaken by the 14 countries, party to the 1960 Paris Convention in preparing a revised instrument will or so it is to be hoped provide a more comprehensive scope of liability and a larger compensatory fund for the protection of potential victims. Both these developments have serious implications for insurers or other providers of financial security. Equally they are of concern to society itself as it will be necessary to balance the needs of the individual for example, in obtaining redress for injury or damage to personal property with the need to provide for the ''common good''. The author's paper will attempt to explore these avenues, to point to perceived difficulties and, perhaps, to acceptable solutions. (author)

Revised Paris and Vienna Nuclear Liability Conventions - Challenges for Nuclear Insurers

International Nuclear Information System (INIS)

Tetley, M.

2006-01-01

The revisions recently implemented to both the Vienna and Paris nuclear liability Conventions are intended to widen significantly the amount and scope of compensation payable in the event of a nuclear accident. Whilst this is a laudable objective, the final extent of the revisions leaves nuclear site operators and their insurers with greater uncertainty as a result of the wider and unquantifiable nature of some aspects of the revised nuclear damage definition, in particular where reference is made to environmental reinstatement and extended prescription periods. Incorporating broader definitions in the Convention revisions will therefore leave gaps in the insurance cover where insurers are unable to insure the new, wider scope of cover. If no insurance is available, then the liability for the revised scope of cover must fall upon either the operator or the national Government. This presentation will give an overview of where and why the major gaps in nuclear liability insurance cover will occur in the revised Conventions; it will also examine the problems in defining the revised scope of cover and will look at where these unquantifiable risks should now reside, to ensure there is equity between the liabilities imposed on the nuclear industry and those imposed on other industrial sectors. (author)

Convention on supplementary compensation for nuclear damage

International Nuclear Information System (INIS)

Chinese Nuclear Society, Beijing; U.S. Nuclear Energy Institute

2000-01-01

The Contracting parties recognize the importance of the measures provided in the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third party liability in the Field of Nuclear Energy as well as in national legislation on compensation for nuclear damage consistent with the principles of these conventions. The Contracting parties desire to establish a worldwide liability regime to supplement and enhance these measures with a view to increasing the amount of compensation for nuclear damage and encourage regional and global co-operation to promote a higher level of nuclear safety in accordance with the principle of international partnership and solidarity

Decision on the Exclusion of Small Quantities of Nuclear Substances outside a Nuclear Installation from the Application of the Convention on Third Party Liability in the Field of Nuclear Energy (This Decision was adopted at the 133. Session of the Steering Committee for Nuclear Energy held on 3-4 November 2016.)

International Nuclear Information System (INIS)

2017-01-01

The steering committee, having regard to the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004, and, in particular, Article 1(b) thereof; considering that, by virtue of that Article, the Steering Committee may, if in its view the small extent of the risks involved so warrants, exclude any nuclear installation, nuclear fuel or nuclear substances from the application of the Paris Convention; considering that nuclear substances in transport or use outside a nuclear installation, within defined limits and under specifically prescribed conditions during transport, should, in view of the small extent of the risks involved, be excluded from the application of the Paris Convention; having regard to its Decision of 18 October 2007 on the Exclusion of Small Quantities of Nuclear Substances outside a Nuclear Installation from the Application of the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960 as amended; considering that the 2005 Edition of the Regulations for the Safe Transport of Radioactive Material of the International Atomic Energy Agency referred to in the Annex to the above-mentioned Decision, has been replaced by revised editions, the most recent of which is the 2012 Edition, which is used as the basis for corresponding national and international regulations in this field; considering the need for a decision the annex of which is in line with the 2012 Edition of those Regulations; decides: 1. Nuclear substances which are consigned by an operator to a recipient for use shall be excluded from the application of the Paris Convention for the period during which they are outside a nuclear installation provided that the consignment, when leaving a nuclear installation, complies with the provisions set forth in the Annex to this Decision and with other relevant

Study evaluating the status quo and the legal implications of third party liability for the European Security Industry

NARCIS (Netherlands)

Bergkamp, L.; Faure, M.G.; Hinteregger, M.; Philipsen, N.J.

2013-01-01

Third party liability has been identified as an issue that could adversely impact the European security industry. Limitless third party liability for security product and services is believed to have the potential to reduce investments in innovation. In the US, the Safety Act (discussed in this

Order on nuclear third party liability (ORCN) Amendment of 2 December 1985

International Nuclear Information System (INIS)

1985-01-01

According to the 1983 Act on Nuclear Third Party Liability the Federal Council must increase the minimum amount of three hundred million francs covered by private insurance when the insurance market offers a higher coverage at acceptable conditions. The Swiss insurers being in a position to cover the sum of four hundred million francs as from January 1986, the Government accordingly amended the Ordinance of 5th December 1983 on Nuclear Third Party Liability (ORCN). The Confederation continues to act as an insurer for the difference between this amount and one thousand million francs; contributions due in this respect will be reduced to take account of the greater sum to be covered by private insurance. The New Ordinance entered into force on 1st January 1986. (NEA) [fr

Prescription period in the revised Paris convention and its consequences for insurers

International Nuclear Information System (INIS)

Stanislas, A.

2000-01-01

Despite the high level of safety and technical improvements achieved in nuclear industry over more than thirty years of operation, the original reasons for which this industry enjoys a special liability regime are still valid. ''The possibility remains that incidents capable of causing considerable damage should occur'' and Common law is still not well adapted to deal with the specific problems in this field. Consequently, whatever the conclusions of the Paris Convention revision exercise in progress at the NEA of the OECD may be, it is likely that the future specific liability regime will still need limits both in amount and in time for insurance purposes at least. While, at present, insurers can cope with a 10-year prescription period in their Nuclear Third Party Liability policies, the possible extension of this period to thirty years for personal injuries would not be acceptable without clear provisions in the Protocol and in National legislation. (author)

Limitation of third party nuclear liability. Causes, implications and future possibilities

International Nuclear Information System (INIS)

Radetzki, M.

1999-01-01

Third party liability of the nuclear power generation industry is discussed. It has several purposes. One is to clarify the distinctive features of nuclear liability as compared with traditional liability in tort. Particular interest is devoted to one such feature, namely the express liability limitation from which the nuclear power generation industry benefits. The causes and implications of this feature are discussed. One important implication of the current order is that the top risk of the nuclear power generation industry is explicitly or implicitly transferred to governments. This risk transfer can be regarded as a subsidy to the nuclear power generation industry. Subsidizations counteract efficiency. Therefore, the possibilities of neutralizing or abolishing the subsidy are explored. (author)

Improvement of nuclear liability system and pros and cons for becoming a party to conventions

International Nuclear Information System (INIS)

Kim, S. W.; Jang, K. H.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

2001-01-01

In accordance with the 2001 amendment of the Nuclear Liability Act of 1969, the definition of nuclear damage was extended, the amount of liability and compulsory financial security became 300 million SDRs, prescription period for personal injury or loss of life became 30 years. Under the condition that the benefit of becoming a party to a international nuclear liability regime keeps in equilibrium with the cost thereof, we may become a party to the convention

Nuclear Liability and Insurance Protection for Nuclear Transport Accidents Involving Non-Contracting EU States: An assessment

International Nuclear Information System (INIS)

Horbach, N. L. J. T.

2006-01-01

This paper provides an analysis of the possible complications and consequences with respect to nuclear liability and insurance protection applicable in respect of transport activities resulting in damage suffered and/or accidents occurring in EU States that are not party to the Paris Convention. It looks at the different legal aspects (jurisdiction, applicable law, liability amounts, reciprocity) should the revised Vienna and Paris Convention become applicable in comparison with the unrevised Conventions. Within Europe, a large number of States are party to the 1960 Paris Convention and the 1963 Brussels Supplementary Convention, providing liability and insurance protection, in general, up to a limit of 300 million SDRs (or even higher). In principle, such protection is confined to nuclear incidents occurring and nuclear damage suffered in the territory of Contracting Parties, including, as recommended, the high seas, unless the legislation of the Installation State determines otherwise (Article 2). The geographical scope of application of the Paris Convention would thus vary according to the law of the Installation State. However, some EU States never became party to the Paris Convention, and are not bound by its the liability principles (notably, channelling of liability), such as Austria, Luxembourg and Ireland. Transport accidents involving these countries might therefore result in liability claims outside the treaty liability regime against operators, suppliers, carriers or persons involved and for types of damages different from those currently covered by the Paris Convention (e.g., environmental damage). It is uncertain to what extent liability insurance of the installation operators would provide adequate protection and whether related damage claims can be enforceable. In addition, a number of newly entered EU States are party to the Vienna Convention, which, although bound by liability principles basically similar to those of the Paris Convention, will

Legal aspects and liabilities of storage in transit of nuclear materials

International Nuclear Information System (INIS)

Mees, M.C.

1983-01-01

This paper considers the question of storage in transit of nuclear materials under the Paris Convention. It specifies the concepts of storage in transit of nuclear materials and then sets out the basic principles of nuclear third party liability. The paper concludes with an analysis of the practical situation in this field and the extent of State liability. (NEA) [fr

Nuclear operators' third party liability amounts and financial security limits (Last updated: December 2017)

International Nuclear Information System (INIS)

2017-12-01

This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. In the table: Public funds correspond to the amounts provided from public funds beyond the Operator's Liability Amount to be made available by the States parties to the BSC or CSC according to such conventions, or by any public authority pursuant to applicable laws and regulations. International funds correspond to public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula provided in the respective conventions. The amount provided in the table corresponds to the total amount of the international funds calculated the day the table was updated. For the CSC international fund, an on-line calculator is available at https://ola.iaea.org/ola/CSCND/index.html Under Article V, subparagraph 1 of the Vienna Convention, 'The liability of the operator may be limited by the Installation State to not less than US $5 million for any one nuclear incident'. Subparagraph 3 of the same article further provides that 'The United States dollar referred to in this Convention is a unit of account equivalent to the value of the United States dollar in terms of gold on 29 April 1963, that is to say US $35 per one troy ounce of fine gold'. Therefore, in this table (1963: USD 5 million) means that a country applies the Operator's Liability Amount as provided under the Vienna Convention. With regard to the BSC, in 1992 the OECD Council issued a recommendation [C(92)166/FINAL] that the contracting parties to the BSC shall not invoke Article 3 (b)(i) of the BSC in cases where the amount of the insurance or other financial security of the operator is higher than SDR 175 million per incident (i.e. public funds tier) of the BSC. As a

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

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

International Nuclear Information System (INIS)

Chirica, T.; Chiripus, V.

2004-01-01

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

Aspects concerning the lengths of the excluded shareholder’s liability towards third parties in the case of limited liability companies in Romania

Directory of Open Access Journals (Sweden)

Andreea Stoican

2016-06-01

Full Text Available In the current context of reinventing the trading company law, at the end of a lengthy and extremely difficult economic crisis, when every participant in the economic life tried to find their own way to adapt and make their activity survive the new social and commercial realities, not few were the cases when some of the Shareholders were excluded and their liability was drawn onto the legal person itself. Nevertheless, there is a type of legal liability of the former Shareholders, excluded from the Company, that still is quite deficiently regulated and, despite the sound argumentation and comprehensive regulation of Law no. 31/1990, it fails to provide a clear and detailed explanation of the consequences, namely, of the consequences the exclusion of a Shareholder has over the Third Parties of good-faith that the legal person (the Company had or continues to have legal relations with. This paper thus aims at analysing one of the main effects of excluding Shareholders from the company, namely the extent of their liability towards the Third Parties, and it is structured in five parts, as follows: 1 Introduction, 2 About the Shareholders’ exclusion, 3 The effects of excluding a Shareholder from the Limited Liability Company, 4 The excluded Shareholder’s liability towards the Third Parties and 5 Conclusions.

1988 changes to United States law regarding nuclear third party liability

International Nuclear Information System (INIS)

Cunningham, G.H.

1989-09-01

The Price-Anderson Amendments Act of 1988 has introduced sweeping changes into the nuclear third party liability regime in the United States. The basis principle that a single, assured source of funds for compensation of those injured by a nuclear incident, regardless of the party actually at fault, has been maintained. The amount of such funding has been increased tenfold, to more than $7 billion, with a commitment that even more will be made available by the Congress, if needed. The scope of compensable injury has been broadened to include precautionary evacuations. With respect to contractors carrying out the defense-related nuclear activities of the Government, the changes have been equally momentous. The ceiling on Government idemnification has risen to keep pace with the maximum amount of licensee liability. Provisions designed to provide greater incentive to adherence to all nuclear safety standards have been added, authorizing the imposition of substantial civil and criminal sanctions for violations

The New International Nuclear Liability Conventions: Status of their Implementation into National Legislation

International Nuclear Information System (INIS)

Schwartz, J.

2008-01-01

Over the last decade or so, a number of significant improvements have been made to the international nuclear liability regimes. The first major advancement was the adoption, in September 1997, of the Protocol to amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage (VC Protocol) and of a new Convention on Supplementary Compensation for Nuclear Damage (CSC). This was followed, in February 2004, by the adoption of Protocols to amend both the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (PC Protocol) and the 1963 Brussels Convention Supplementary to the Paris Convention (BSC Protocol). The principle goal of these new instruments is to provide more compensation to more victims in respect of more types of nuclear damage suffered than ever before. A second objective, at least for the VC and PC Protocols, is to maintain compatibility between the Paris and Vienna Conventions, thereby ensuring the smooth functioning of the 1988 Joint Protocol Relating to the Application of the Vienna Convention (VC) and the Paris Convention (PC). In addition, both Vienna and Paris Convention States wish to ensure that the newly revised Conventions will not prevent them from joining the global liability and compensation regime established by the CSC, should they so wish. However, one wonders to what extent these new instruments will attract a sufficient number of adherents to make them truly effective. While the VC Protocol is already in force, it has drawn surprisingly little support from the 1963 Vienna Convention States and even less from those countries with important nuclear generating capacity but which have not yet joined any of the international nuclear liability and compensation instruments. For its part, and notwithstanding its adoption almost 10 years ago, the CSC has not yet entered into force and only the future will tell whether it ever will, particularly given its strict requirements in this regard. As for the PC and BSC

Introduction of unlimited liability into the atomic law with special regard to the international nuclear liability conventions

International Nuclear Information System (INIS)

Hohlefelder, W.

1984-01-01

The paper was read at the international symposium on nuclear liability held in Munich in September 1984 by OECD/NEA and IAEA. It outlines the basic principles of the Paris liability convention and the international development. The author pleads in favour of unlimited liability for hazards on grounds of history, legal policy, legal dogmatics and practice. Moreover he thinks it useful and appropriate because it also improves the protection of the citizens. The same as the federal government the author holds that unlimited liability for hazards is compatible with the maximum damages and the congruity regulations of the Paris and Brussels liability convention. An amendment to the liability convention, though not necessary, would be desirable to make clear that both options - limited and unlimited liability - are open. (HSCH) [de

A U.S. Perspective on Nuclear Liability: A Continuing Impediment to International Trade and Public Protection

International Nuclear Information System (INIS)

Brown, O. F.

2008-01-01

More than two decades after the 1986 events at Chernobyl demonstrated nuclear power plant accidents can have cross-border consequences, there still is not a unified international legal regime for liability associated with nuclear accidents. This continues to present an impediment to international nuclear trade and protection of the public. Liability potentially associated with international nuclear commerce remains a labyrinth of statutes and treaties not yet interpreted by the courts. Countries with a majority of the world's 439 operating nuclear power plants are not yet parties to any nuclear liability convention in force. The global Vienna Convention on Civil Liability for Nuclear Damage now covers only about 73 operating nuclear power plants; the regional Paris Convention on Third Party Liability in the Field of Nuclear Energy now covers about 126; and, the Joint Protocol that links those two Conventions covers only about 68. The best solution would be for more countries to join the United States (with 104 operating nuclear power plants) in ratifying the Convention on Supplementary Compensation for Nuclear Damage (CSC) adopted by the International Atomic Energy Agency (IAEA) in 1997. As soon as the CSC enters into force, it will cover more nuclear power plants than either the Vienna or Paris Convention. This presentation also provides an update on insurance coverage in the United States for acts of terrorism.(author)

The liability according to paragraph 26 of the German Atomic Energy Act. A wallflower?; Die Haftung nach paragraph 26 AtG. Ein Mauerbluemchen?

Energy Technology Data Exchange (ETDEWEB)

Raetzke, Christian [CONLAR Consulting on Nuclear Law and Regulation, Leipzig (Germany)

2018-02-15

According to German law, liability for damage caused by radioactivity can arise from several regulations. In most cases, liability under the Paris Convention on Third Party Liability in the Field of Nuclear Energy, which applies in the field of nuclear power, is at the forefront of discussion. According to paragraph 26 of the German Atomic Energy Act, liability is somewhat in the shadow of the Paris Convention. It applies to the handling of radioactivity in medicine, research and industry (e.g. for test emitters) as well as activities involving natural and depleted uranium and nuclear fusion. The article outlines the basic elements of liability under Section 26 of the German Atomic Energy Act, which may become increasingly important in future due to recent developments such as the phasing out of nuclear power in Germany.

Nuclear liability amounts on the rise for nuclear installations

International Nuclear Information System (INIS)

Vasquez-Maignan, Ximena; Schwartz, Julia; Kuzeyli, Kaan

2015-01-01

The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)

3 July 1985: Convention signed in Brussels on 31 January 1963, supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and Act approving the Protocols to amend the Paris Convention and the Brussels Supplementary Convention

International Nuclear Information System (INIS)

1985-01-01

This Act refers to the Brussels Supplementary Convention approved by Belgium in 1966 and ratified on 20 August 1985 and approves ratification of the Protocols of 16 November 1982 to amend the Paris Convention and the Brussels Supplementary Convention respectively. The Protocols are reproduced in French, Dutch and German. (NEA) [fr

Liability Issues

International Nuclear Information System (INIS)

O’Donoghue, K.

2016-01-01

Nuclear liability conventions try to provide a set of rules to govern third party liability. Not all States are parties to one of the existing liability conventions. There are a number of reasons why individual States may choose not to join one of the existing conventions. These include limits of compensation, jurisdiction issues, complexity, cost and definition of damage among others. This paper looks at the existing conventions and identifies some of the main issues in the existing conventions which prevent some States from signing them. The paper attempts to tease out some of the perceived gaps in the existing conventions and give a brief description of the reasons why non-Contracting Parties have difficulty with the provisions of the conventions. The paper recognizes that there has been work done in this area previously by the International Expert Group on Nuclear Liability (INLEX) and others to try to develop the existing frameworks to enhance global adherence by nuclear and non-nuclear States to an effective nuclear liability regime. (author)

Transport and repair of contaminated nuclear components - liabilities and insurance

International Nuclear Information System (INIS)

Brunego, C.; Deprimoz, J.; Engelhard, M.

1983-01-01

The nuclear park has been constructed fairly recently and has not yet required large-scale maintenance efforts; however account should now be taken of the fact that periodic checks of nuclear power plants will imply systematic transfers of irradiated or contaminated materials outside the plants. In this context, the paper reviews the nuclear third party liability regime under the Paris Convention and the Euratom directives on radiation protection. It then describes the cover offered by insurance pools in several European countries. (NEA) [fr

Review of nuclear liability compensation systems applicable to reactors outside the United States

International Nuclear Information System (INIS)

McIntosh, C.

1985-01-01

The review, which summarizes the Paris Convention and the Brussels Supplementary Convention, as well as the laws of Canada, France, Federal Republic of Germany, Japan, Spain, Sweden, Switzerland, and the United Kingdom, notes that the Price-Anderson program has a number of common points with the laws of Western Europe. The points of similarly are the goal of ensuring simple and equitable compensation for victims without burdening the nuclear industry with an uneconomic load. Price-Anderson differs in the higher amounts fixed for nuclear operators' liability, although the limits are now closer together. The purpose of the comparisons is to help those concerned with US programs of third-party liability and indemnification with a broader perspective

Multilateral agreements

International Nuclear Information System (INIS)

Anon.

2012-01-01

I. Status of conventions in the field of nuclear energy as of December 2012: Non-proliferation and nuclear security (Treaty on the Non-Proliferation of Nuclear Weapons, Convention on the Physical Protection of Nuclear Material, Amendment to the Convention on the Physical Protection of Nuclear Material, International Convention for the Suppression of Acts of Nuclear Terrorism, Comprehensive Nuclear-Test-Ban Treaty); Nuclear safety and emergency response (Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Convention on Early Notification of a Nuclear Accident, Convention on Nuclear Safety, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management); Liability and compensation for nuclear damage (Paris Convention on Nuclear Third Party Liability, Brussels Supplementary Convention on Third Party Liability in the Field of Nuclear Energy, Protocol to Amend the Paris Convention on Nuclear Third Party Liability, Protocol to Amend the Brussels Convention Supplementary to the Paris Convention, Vienna Convention on Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, Convention on Supplementary Compensation for Nuclear Damage). II. Status of conventions in the field of environmental protection/assessment which affect nuclear energy use as of December 2012: Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), Protocol on Strategic Environmental Assessment (Kiev Protocol), Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR). III. OECD member country participation in the nuclear energy treaties/conventions and in the

28 April 1986: Royal Order determining the certificate of financial security for the carriage of nuclear substances

International Nuclear Information System (INIS)

1986-01-01

The purpose of this Royal Order is to ensure that financial security certificates given by the nuclear operators liable to carriers of nuclear substances conform to the conditions set out in Article 4(c) of the Paris Convention on Third Party Liability in the field of Nuclear Energy. This is a requirement under the Belgian Act of 22nd July 1985 on Third Party Liability in the field of Nuclear Energy. The Annex to the Order contains a model certificate reproducing the type of information required in accordance with the Paris Convention. (NEA) [fr

Decree No. 79-623 of 13 July 1979 publishing the Decision on the exclusion of certain categories of nuclear substances from the scope of the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Decision (with an annex) on the exclusion of small quantities of nuclear substances from the scope of the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, adopted on 27 October 1977

International Nuclear Information System (INIS)

1979-01-01

This decree lays down that certain specified quantities and categories of nuclear substances are excluded from the nuclear operator's liability. This implements in France two Decisions taken by the NEA Steering Committee under the Paris Convention which enables the Committee to exclude from the operator's liability, nuclear installations, fuel or substances if the small extent of the risks involved so warrants. Both Decisions are reproduced in the Decree. (NEA) [fr

Financial security for nuclear liability

International Nuclear Information System (INIS)

Francis, H.W.

1979-01-01

In almost every country where nuclear insurance pools operate, except for the United States, national nuclear legislation is either based on the principles of the Paris and Vienna nuclear third party liability conventions or is strongly influenced by them. The most important feature of this legislation is the absolute liabilityy of the operator, which simplifies the insurance process by avoiding duplication of cover and minimising the possibility of complex legal questions arising in case of an incident. The paper describes the arrangements for provision of financial security, the prescription period, insurance requirements, legal costs etc. Also, problems connected with the insurance of two or more installations on the same site are analysed. (NEA) [fr

Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

International Nuclear Information System (INIS)

Gavrilov, S.D.; Derevyankin, A.A.; Khamyanov, L.P.; Kovalenko, V.N.; Kovalivich, O.M.; Smirnov, P.L.

2001-01-01

Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS and

Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

Energy Technology Data Exchange (ETDEWEB)

Gavrilov, S.D. [PREKSAT Ltd., Moscow (Russian Federation); Derevyankin, A.A. [Reseaarch and Development Institute of Nuclear Power Engineering, Moscow (Russian Federation); Khamyanov, L.P. [All-Russian Research Institute on NPP Operation, Moscow (Russian Federation); Kovalenko, V.N. [Ministry for Nuclear Energy Of Russian, Moscow (Russian Federation); Kovalivich, O.M. [Research and Technological Center for Nuclear and Radiation Safety of Supervisory, Nuclear Energy State Commitee of Russia, Moscow (Russian Federation); Smirnov, P.L. [Nuclear Safety Institute of Russian Academy of Sciences, Moscow (Russian Federation)

2001-07-01

Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS

Act N0 65-956 of 12 November 1965 on the third party liability of operators of nuclear ships

International Nuclear Information System (INIS)

1965-01-01

This Act determines the liability of operators of nuclear ships according to the general principles of the Paris Convention. In particular, such operators are solely liable for nuclear damage caused by a nuclear incident up to a limit of 500 millions French francs. With regard to French nuclear ships and insofar as the security provided by the operator is insufficient to meet claims for which he is liable up to the above-mentioned limit, the State intervenes to that amount. (NEA) [fr

Insurance Cover for Revised Nuclear Liability

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2008-01-01

The financial security to be provided to victims of an incident at a nuclear installation is the main objective of international nuclear liability conventions. As from the introduction of the Paris Convention on Third Party Liability in the Field of Nuclear Energy in 1960 and the Vienna Convention on Liability for Nuclear Damage in 1963 insurers have been prepared to provide the financial capacity needed to cover the liability under both conventions. They did so in close co-operation with the competent national and international authorities, which has resulted in the insurability of as much of the nuclear liability under the conventions as possible. This tradition of co-operation between authorities and insurers was extended to include the revision negotiations regarding the above conventions, which were concluded in 1997 and 2004 respectively. This has resulted in the insurability of by far the largest part of the convention based liability. However, some heads of damage have been introduced about which insurers had expressed concerns as to their likelihood to attract insurance support. In view of the explicit choice by Convention States to include the uninsurable heads of damage into the revised conventions one would expect that liability for them would fall upon national Governments. This would reflect practice in a number of States, which already assume liability for uninsurable mandatory liabilities for a long time. Nonetheless some other States now seem reluctant to do so, the resulting deadlock having a tendency to manifest itself in a negative perception of the insurance industry. Insurers are therefore appreciative of the forum provided by the CNS to once again explain the areas where problems as regards insurability have arisen and why this is the case. This presentation will show that those areas are few in number and notably relate to a limited number of environmental damages as well as the extension of prescription periods. Furthermore, thoughts will

Ministerial Decree of 3 March 1978 approving the general conditions of the third party liability insurance policy for operators of nuclear installations and the general conditions of insurance policies for third party liability for transport of nuclear materials

International Nuclear Information System (INIS)

1978-01-01

This Decree by the Ministry for Industry, Commerce and Crafts and the Ministry for transport of Italy was made in implementation of Section 2 of the Decree No. 519 by the president of the Republic of 2 May 1975 amending Section 15 to 24 of Act No. 1860 of 31 December 1962 on the Peaceful Uses of Nuclear Energy. This present Decree approves the general conditions of third party liability insurance policies for operators of nuclear installations and for transport of radioactive materials. (NEA) [fr

South African nuclear liability laws - recent changes and challenges for insurers

International Nuclear Information System (INIS)

Da Silva, C.

2004-01-01

In the past South African Regulators did not stipulate the levels of insurance required by nuclear operators but required only that they carry adequate security. Over the last few years the South African legislators have given serious consideration to the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy, but decided against being signatories to such conventions. Instead, the conventions were used as a guideline as to specific requirements for local operators. Regulations have been drafted setting out specific limits of cover dependant on the type of licence held by local operators. Due to the fact that local liabilities will arise in local currencies the required limits of Insurance were converted from equivalent foreign amounts into Rands. Due to some extreme currency fluctuations this has resulted in the setting of very high Rand limits, placing both the operators and insurers in an uncertain and very difficult position with regards to accumulation adequate capacity. This paper aims at explaining the revisions that are being considered which if implemented will address insurers and operators concerns regarding available capacity the impossibility of compliance with current limits.(author)

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

International Nuclear Information System (INIS)

Pelzer, N.

1991-01-01

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

The United States nuclear liability regime under the Price-Anderson Act

International Nuclear Information System (INIS)

Brown, O. F.

2011-01-01

The 1958 U. S. Price-Anderson Act created the worlds first national nuclear liability regime. It now provides US $12,6 Billion of nuclear liability coverage for the 104 nuclear power plants in the United States, by far the highest monetary coverage of any nuclear liability regime in the world. Each power plant operator provides nuclear hazards coverage for anyone liable through a combination of private insurance from the American nuclear insurance pool (now US$ 375 million) and a retrospective assessment (now US$111,9 million per power plant per incident plus 5 percent for claims and costs). The United States in 2008 ratified the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage (CSC). and is promoting it as the basis for a more global nuclear liability regime uniting States that are party to the Vienna Convention or the Paris Convention, or have a domestic law consistent with the CSC Annex. The CSC Annex was written to grad father the Price-Anderson Acts economic channeling of liability to the installation operator. The omnibus feature of Price-Anderson is similar to the legal channeling of all liability to the installation operator under the international nuclear liability conventions and domestic laws of many other countries. The Price-Anderson system (like the Vienna and Paris Conventions) does not provide liability coverage for nuclear damage to or loss of use of on-site property. (Author)

Nuclear Liability and Insurance for nuclear Damage in Switzerland

International Nuclear Information System (INIS)

Reitsma, S. M. S.

1998-01-01

With nuclear power generating 43% of its total electricity production, Switzerland is amongst the states, employing the highest percentage of nuclear electricity. Although, the country has not ratified any of the international Nuclear Liability Conventions, its Nuclear Third Party Liability Act reflects all the principles, underlying those Conventions. The statutory liability of the operator of a Swiss nuclear installation itself being unlimited, the total insurance limit of CHF 770 m. provides the highest private insurance protection worldwide. With the support of its foreign Reinsurance Pools, the capacity for this insurance guarantee has, over more than 40 years, been built up by the Swiss Nuclear Insurance Pool. Apart from Third Party Liability cover, the Pool also provides Property insurance to Swiss nuclear installation operators and reinsurance cover to other nuclear insurers worldwide. (author)

Rules common to nuclear incidents occurring in installations or during transport of nuclear substances

International Nuclear Information System (INIS)

Lagorce, M.

1976-01-01

As concerns the peaceful applications of nuclear power, the traditional third party liability regulations were found to be inadequate to cover the specific aspects of the nuclear risk, and this was likely to hinder the progress of this new activity. This was why the countries involved opted for the elaboration of a special liability regime by adopting the Paris Convention of 29th July 1960, the Convention Supplementary to the Paris Convention of the 31st January 1963 and the Vienna Convention of 21st May 1963. The Paris and Vienna Conventions set up a regime characterized by the nuclear operator's absolute and exclusive liability, the limitation of such liability in amount and in time the uniquity of jurisdictional competence, the obligation to provide financial security for compensation of damage. The purpose of the Brussels Supplementary Convention is to increase the amount of compensation for damage by additional funds supplied partly by the State involved and partly by a collective contribution from the various countries Parties to the Convention, thus setting up a mechanism of international solidarity. (NEA) [fr

Multilateral agreements

International Nuclear Information System (INIS)

2013-01-01

I. Status of treaties and conventions in the field of nuclear energy as of November 2013: Non-proliferation and nuclear security (Treaty on the Non-Proliferation of Nuclear Weapons, Convention on the Physical Protection of Nuclear Material, Amendment to the Convention on the Physical Protection of Nuclear Material, International Convention for the Suppression of Acts of Nuclear Terrorism, Comprehensive Nuclear-Test-Ban Treaty); Nuclear safety and emergency response (Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Convention on Early Notification of a Nuclear Accident, Convention on Nuclear Safety, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management); Liability and compensation for nuclear damage (Paris Convention on Nuclear Third Party Liability, Brussels Supplementary Convention on Third Party Liability in the Field of Nuclear Energy, Protocol to Amend the Paris Convention on Nuclear Third Party Liability, Protocol to Amend the Brussels Convention Supplementary to the Paris Convention, Vienna Convention on Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention); Convention on Supplementary Compensation for Nuclear Damage; II. Status of conventions in the field of environmental protection/assessment which affect nuclear energy use as of December 2011: Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters - Aarhus Convention (Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), Protocol on Strategic Environmental Assessment to the Espoo Convention (Kiev Protocol), Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR)); III. Participation in the nuclear energy treaties/conventions

20 December Act No 103 amending Act No 28 of 12 May 1972 on Nuclear Energy Activities

International Nuclear Information System (INIS)

1985-01-01

This Act amended the 1972 Act to take account of the ratification by Norway of the Protocols of 1982 to amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplementary Convention respectively. The amendments bring the third party liability provisions of the Act in line with the Conventions as amended by the Protocols. The modifications concern, inter alia, certain definitions, conversion of the unit of account into the Special Drawing Right (SDR) of the International Monetary Fund and increases in the amount of liability assigned at State level by a factor of approximately 2.5. (NEA) [fr

A Nuclear Third Party Liability Regime of a Multilateral Nuclear Approaches Framework in the Asian Region

Directory of Open Access Journals (Sweden)

Makiko Tazaki

2014-01-01

Full Text Available There are two primary challenges for establishing nuclear third party liability (TPL regimes within multilateral nuclear approaches (MNA to nuclear fuel cycle facilities in the Asian region. The first challenge is to ensure secure and prompt compensation, especially for transboundary damages, which is also a challenge for a nation-based facility. One possible solution is that in order to share common nuclear TPL principles, all states in the region participate in the same international nuclear TPL convention, such as the Convention on Supplementary Compensation for Nuclear Damage (CSC, with a view to its entry into force in the future. One problem with this approach is that many states in the Asian region need to raise their amount of financial security in order to be able to participate in the CSC. The second challenge lies with the multiple MNA member states and encompasses the question of how decisions are to be made and responsabilities of an installation state are to be shared in case of a nuclear incident. Principally, a host state of the MNA facility takes on this responsibility. However, in certain situations and in agreement with all MNA member states, such responsibilities can be indirectly shared among all MNA member states. This can be done through internal arrangements within the MNA framework, such as reimbursement to a host state based on pre-agreed shares in accordance with investment and/or making deposits on such reimbursements in case of an incident.

Some aspects of the contractual application of the limited liability of suppliers convened by several international conventions

International Nuclear Information System (INIS)

Zaldivar, E.

1976-01-01

Civil liability for nuclear damage has been the subject of specific regulations by means of International Conventions and the laws of countries which may be qualified as suppliers of nuclear fuel, materials and installations. These regulations have been necessary to facilitate development of the peaceful uses of atomic energy. A second group of countries, namely those of Latin America, which are also purchasers, lack this specific legislation and have not ratified any International Convention on the subject. In those countries civil liability continues to be ruled by the classic norms of Roman Law. This difference in regimes has made for difficulties between suppliers and purchasers and could obstruct future exchanges in matters of nuclear energy between both groups of countries. It would be desirable for the competent authorities in purchasing countries to study the means of providing their countries with nuclear third party liability legislation based on the principles of the International Conventions. (N.E.A.) [fr

Nuclear liability and research reactor fuel. A plant supplier's view

International Nuclear Information System (INIS)

Roegler, H.-J.; Hetzmann, A.

2000-01-01

Contracts on Research Reactors are normally entered into by the owner and - very often - later user and the supplier of such plants. They are not concluded by the fuel supplier, except fuel supplier and plant supplier are identical. Thus, the fuel supplier mostly has no direct influence into the contract negotiations and the clauses which are eventually agreed upon between the parties. So has any other subcontractor for any other system or component. Any such subsupplier can and will negotiate a subsidiary supply contract (subcontract) with the supplier of the plant. The supplier drafts the related clauses so as to pass on to the subsupplier as many risks out of his contracts as possible. The subsupplier, on the other hand, tries to protect himself, tries to limit the risks he takes over, e.g. to the worth of his subcontract maximum. A critical issue in such negotiations is those concerning the risks the supplier had to accept and the subsupplier, although he may be responsible later for the risk changing to reality; i.e. the occurrence of a loss, cannot be hold liable for in full because the subcontract limits his liability, e.g. to the subcontract value or a certain delay penalty. A typical example for this conflict are delays of the entire project caused by one subsupplier. A very specific case in this context is the so-called nuclear liability. Nuclear liability means being hold responsible for the consequences or damages originating from a nuclear event in the plant. Those consequences or damages may be suffered by third parties, which are neither the owner/operator nor the supplier and result in a liability to such party (third party liability). Several of the aspects below may be related to the nuclear liability issue: The supplier often has its registered office not in the country where the plant is; The supplier may have far bigger assets than the owner/operator. The legal system of the supplier's country may be more favourable for enforcing claims of

BINDING EFFECT OF ARBITRATION CLAUSE TO THIRD PARTIES: PRIVITY OF CONTRACT DOCTRINE Vs. PIERCING THE CORPORATE VEIL

Directory of Open Access Journals (Sweden)

Y Sogar Simamora

2018-02-01

Full Text Available The arbitration agreement is the legal basis for the arbitration forum to examine and adjudicate the dispute which arose from a private relationship where the parties agree to settle the dispute in arbitration forum. As an agreement, the arbitration agreement still applies the principles of contract, including the principle of privity of contract. In the doctrine of privity of contract, an agreement is only binding and have legal effect only to the parties, the agreement in principle, cannot provide profit or loss to a third party. In the arbitration agreement, only the parties are bound by the arbitration agreement that can become parties to the case investigation. However, in the development of arbitration practice also shows that a third party, not a signatory to the arbitration agreement can be held accountable through an examination of the arbitration case. Such a situation is possible if the third party is resident as a holding company or shareholder of a limited liability company, in which the limited liability company is bound by an arbitration agreement, and the holding company or shareholder proven to perform actions through a subsidiary or a limited liability resulting harm the other party.

Inadequacies in the civil nuclear liability regime evident after the Chernobyl accident: the response in the joint protocol of 1988

International Nuclear Information System (INIS)

Pelzer, N.

1993-01-01

The Joint Protocol of 21 September 1988 Relating to the Application of the Vienna Convention and the Paris Convention, by bridging both Conventions and by broadening thus the area where internationally harmonized nuclear liability law is applicable to nuclear incidents, contributes to doing away with inadequacies in the system of compensation for nuclear damage. On the other hand the Protocol has negative repercussions on the existing liability Conventions. Due to the enlargement of the territorial scope of application the compensation amounts available will be exhausted earlier. In order to avoid an aggravation of the legal position of the victims in the territories of the original Contracting Parties to the Vienna and the Paris Conventions the joint Protocol has to be responded to by a considerable increase of the compensation amounts

International nuclear third party liability law: The response to Chernobyl

International Nuclear Information System (INIS)

Schwartz, J.A.

2006-01-01

In terms of liability and compensation issues, the response of the international community to the accident at Chernobyl has been comprehensive, aimed at modernising two outdated international regimes, linking them together and adopting a brand, new global one - all this in the hope of bettering the situation of victims of a nuclear accident, wherever they may be found. That improvement will be brought about in a number of ways once all of the relevant international instruments have entered into force. Much more money will be available to compensate victims of a nuclear accident and that money will be more readily and easily accessible. More victims will be entitled to compensation, both in terms of the type of damage that they have suffered and where those victims were physically located at the time they suffered it; in some cases, such as under the Supplementary Compensation Convention, victims in states other than that of the liable operator will be in a privileged position as regards a portion of the available compensation. In addition, the period in which claims for compensation can be made in respect of personal injury and loss of life has been extended, in recognition of the fact that some such injuries may not manifest themselves for many years after the accident has occurred. Yet despite the lessons learned from Chernobyl, despite the attempts to make these new or amended instruments as attractive as possible to encourage the broadest possible adherence, their acceptance by individual states has not been overwhelming. This is particularly true in the case of the VC Protocol and the CSC where the required liability amounts and financial security limits were intentionally established at levels deemed to be acceptable to the vast majority of potential parties. It is equally discouraging to see that Ukraine has not ratified either the VC Protocol or the CSC, even though it signed both shortly after their adoption in 1997. Similarly, the Russian Federation has

Act of 19 June 1974 on Compensation for Nuclear Damage

International Nuclear Information System (INIS)

1974-01-01

This Act which came into force on 18 September 1974 replaces the nuclear third party liability provisions of the 1962 Act on nuclear installations. Its adoption enabled the Danish Government to ratify the 1960 Paris Convention and the 1963 Brussels Supplementary Convention. In accordance with the principles prescribed by these Conventions, the Act establishes an absolute and limited third party liability system (75 million Danish Krone) and compulsory insurance for the operator of a nuclear installation situated in Denmark. In certain conditions, the State may have to intervene to ensure compensation of nuclear damage exceeding the financial security provided by the operator liable. (NEA) [fr

Main features of the convention on supplementary compensation for nuclear damage - an over view

International Nuclear Information System (INIS)

Boulanenkov, V.

2000-01-01

The Chernobyl accident prompted widespread awareness of the need for improved protection of the public from the consequences of nuclear accidents. It was generally recognised that urgent efforts should be undertaken to strengthen the international nuclear liability regime based on two civil law conventions, namely the 1963 Vienna Convention on Civil Liability for Nuclear Damage and the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy. The work initiated by the Agency - it was assigned to the Standing Committee established in 1990 - followed a two-track approach: to improve the existing civil liability regime, including revision of the Vienna Convention for which the IAEA is depositary; and, to develop a comprehensive international liability regime. The issue of compensation additional to that available under the two basic conventions received full attention in the negotiations. In the latter context, this work resulted in the adoption by a diplomatic conference convened by the IAEA in September 1997 of a new instrument, i.e. the Convention on Supplementary Compensation for Nuclear Damage (the CSC). The CSC is a product of many years of multilateral negotiations and represents a balance of various legal, economic and political considerations. While not all concerns may have been fully met, it represents a significant improvement in the protection of the public from the consequences of nuclear accidents. (author)

Nuclear Installations Act 1969

International Nuclear Information System (INIS)

1969-01-01

The purpose of this Act is to amend the Nuclear Installations Act 1965 to bring it into full compliance with the international conventions on nuclear third party liability to which the United Kingdom is a Signatory, namely, the Paris Convention, the Brussels Supplementary Convention and the Vienna Convention. (NEA) [fr

The Energy Act 1983

International Nuclear Information System (INIS)

1983-01-01

Part II of This Act came into force on 1 September 1983 and is concerned with nuclear installations. Its main purpose is to amend the Nuclear Installations Act 1965 to give effect to the provisions of two Protocols amending the Paris Convention on nuclear third party liability and the Brussels Convention Supplementary to the Paris Convention respectively. The principal effect of these modifications is to increase the sums available to meet claims for nuclear damage. The United Kingdom is a Party to both Conventions and the provisions of the 1983 Act will enable it to ratify the Protocols. (NEA) [fr

Decree of 28 December 1965, Stb. 647, in implementation of Section 2 of the Act of 27 October 1965, Stb 546, on Third Party Liability in the Field of Nuclear Energy

International Nuclear Information System (INIS)

1965-01-01

This Decree excludes from the scope of application of the Nuclear Incidents (Third Party Liability) Act, small quantities of nuclear substances during transport in view of the small extent of the risk involved. (NEA) [fr

Act No 1860 of 31 December 1962 of the President of the Republic on the peaceful uses of nuclear energy as amended at 10 May 1975

International Nuclear Information System (INIS)

1975-01-01

This English and French translation of Act No 1860 on the Peaceful Uses of Nuclear Energy incorporates and indicates the successive amendments made since the Act was published in 1962. Act No 1860 is a Basic Act covering all nuclear activities in Italy (regime for ores and nuclear materials, construction and operation of nuclear installations, third party liability, patents, penal provisions...). Given its general character it has been the subject of numerous implementing regulations. The most important, and most recent amendment, is emboided in a Decree of the President of the Republic dated 10th May 1975 which covers the provisions of the third party liability of operators of nuclear installations; its purpose is to embody in Italian domestic law the principles of the Paris Convention and Brussels Supplementary Convention on nuclear third party liability whose ratification was approved by Parliament in 1974 [fr

Application of the Vienna Convention and the implementation at worldwide level of nuclear liability principles

International Nuclear Information System (INIS)

Martinez Favini, J.

1985-01-01

This paper analyses the distinction between the status of the Vienna Convention and the status of the incorporation of the Convention's principles in national laws. Ten countries are Parties to the Vienna Convention, three others have signed it (only one of which could become a Party in the short term) and only two have established legislation. In such circumstances, and for the future, any analysis should be expanded to encompass the present and potential difficulties of the nuclear industry which has been particularly affected by the world economic and financial crisis. Also, a better understanding of the basic differences between the majority of countries which are potential parties to the Vienna Convention and the countries parties to the Paris Convention should be attained by a study on a case-by-case basis. (NEA) [fr

Civil liability: quantitative and qualitative limitations analysis in the occurrence of a nuclear disaster in view of international conventions

International Nuclear Information System (INIS)

Eiras, S.A.

1994-01-01

The Paris and Vienna Conventions were involved to establish the liability regime aiming the public protection without decrease in the development at nuclear area. The proposal of this work is to discuss the lacks and limitations of these to both Brazilian reality and Brazilian legislation, and analyze limitations in civil liability in the occurrence of nuclear disaster. (author). 7 refs, 1 tab

Long-term management of radioactive waste - will the Price-Anderson system work for third party liability issues arising from the Nuclear Waste Policy Act of 1982

International Nuclear Information System (INIS)

Kuznick, S.K.

1985-01-01

Two pieces of legislation have been enacted in the United States to provide a framework for the management of radioactive waste and spent nuclear fuel: the Low-level Radioactive Waste Policy Act (1980) and the Nuclear Waste Policy Act of 1982. Neither of these statutes provide a means for resolving third party liability issues arising out of radioactive waste management. However, the Price Anderson Act (originally enacted in 1957) provides a system of financial protection that can be applied to waste management activities and that can resolve most issues pertaining to liability for nuclear damage that may result from long-term management of radioactive waste and spent nuclear fuel. (NEA) [fr

Particular aspects and limits of absolute nuclear liability

International Nuclear Information System (INIS)

Engelhard, M.; Brunengo, C.

1981-10-01

Ambiguities subsist concerning the application limits of conventional non-nuclear liability and nuclear liability. Based on three examples where the system of channelling liability onto the operator of a nuclear installation is not applied: holder of low-risk nuclear products or materials; nuclear/supplier contractual relations; and nuclear operator/third party relations, this paper outlines some practical solutions to the problems met. The solutions considered concern: suppression of nuclear risk exclusions in policies underwritten by persons who do not take part in the nuclear activity and generalizing and strengthening of the channelling of the nuclear risk onto the operator as well as creation of ''bridges'' between the existing Conventions. (NEA) [fr

Third party processing

International Nuclear Information System (INIS)

Clark, S.

1997-01-01

The importance of Canada's natural gas industry to remain competitive on a global level was discussed. Third party processing is a tool that the Canadian gas industry can use to overcome the relative disadvantage of smaller, and therefore more expensive, gas processing plants in Canada, and to maintain, and even improve, its competitive position vis-a-vis its US counterparts. The principal role of a third party processor is to provide midstream services such as raw gas gathering, field compression, gas processing, sales gas transmission, and natural gas liquids fractionation. Some third party processors also provide marketing services. Third party processors add value to the gas producer by reducing risk, reducing cost, improving reliability, and improving netbacks. The many variables involved in determining the economic viability of third party processing, including the quantity and deliverability of the raw resource, facility capacity, capital investment, operating costs, technology, fee structures, operational reliability, and speed, among others, were examined and the significance of each variable was explained

The French regime of civil liability for nuclear

International Nuclear Information System (INIS)

Leger, Marc

2013-01-01

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

Occupational health nursing interventions to reduce third-party liability in workplace injuries.

Science.gov (United States)

Delk, Kayla L

2012-03-01

This article explores general principles of workers' compensation law and the ability to sue third parties for employee injuries by using case law and the treatise Larson's Workers' Compensation Law. This overview provides occupational health nurses with a background on workers' compensation law, who is liable for employee injuries, and how recovery from third parties is distributed between the employer or insurer and the employee. The author then explores interventions that occupational health nurses can implement to reduce employee injury and employer costs for providing workers' compensation. The goal of this article is to stimulate occupational health nurses' critical-thinking and problem-solving skills so they may identify risks and implement cost-effective solutions that will prevent injuries to employees. Copyright 2012, SLACK Incorporated.

Questions of jurisdiction in the event of a nuclear accident in a member state of the European union

International Nuclear Information System (INIS)

Galizzi, P.

1996-01-01

Jurisdictional problems are outlined that could be encountered by victims of a serious nuclear accident, with transboundary consequences, seeking to recover compensation (in a Member State of the European Union). The situation is only partly covered by existing treaty law and not all Member States are a party to the relevant treaties. A hypothetical case-study has been devised which supposes that a nuclear accident has occurred in the Netherlands causing damage in three selected countries. Of these, the first (Germany) is a party to the 1960 Paris Convention on Third Party Liability in the field of Nuclear Energy, the second (Hungary) is a party to the 1963 Vienna Convention on Civil Liability for Nuclear Damage, and the third (Luxembourg) is a not a party to either Convention. Answers are sought for two questions related to this hypothetical accident. Firstly, which courts have jurisdiction over private claims for damage caused in these various countries? Secondly, which law will the competent courts apply? (UK)

Nuclear insurance problems in Spain

International Nuclear Information System (INIS)

Gomez del Campo, Julian.

1977-01-01

The purpose of this paper is to study the problems raised in Spain by third party liability insurance for nuclear damage. National law in this field is based on the Paris Convention on nuclear third party liability and defines the conditions of liability of operators of nuclear installations. The insurance contract requirements must comply with the regulations on cover for nuclear risks, under the control of the Finance Ministry's competent services. Certain exceptional nuclear risks which cannot be covered entirely by ordinary insurance policies, are taken over by the Consorcio de Compensacion de Seguros which belongs to this Ministry. From the insurance viewpoint, the regulations make a distinction between nuclear and radioactive installations and nuclear transport. (NEA) [fr

Torts Liability for Strike Action and Third Party Rights.

Science.gov (United States)

Raday, Frances

1979-01-01

Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

Nuclear liability legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

2000-01-01

This paper contains same basic data about the legal norms relating to the third party liability system for nuclear damage that are in force in Croatia. It also describes the provisions of the new Croatian Act on Liability for Nuclear Damage, giving emphasis on those implementing substantial changes compared to the old Act. Finally, it contains some remarks relating to the possible adoption of Vienna Protocol and Convention on Supplementary Compensation of 1997 or Pariz/Brussels conventions as an alternative and at the end about the practice on the insurance of nuclear risks in the last twenty years by the Croatian Pool. (author)

Nuclear liability legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

2000-01-01

This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

Contract law: relationship between dermatologists and third-party payers.

Science.gov (United States)

Askanas, A V

1993-04-01

The relationship between third-party payers and dermatologists is generally governed by a written contract. That relationship can be more beneficial to the dermatologist, and chances of liability may be decreased, both for breach of contract and for malpractice, if the dermatologist pays close attention to the language in the contract. All contracts are generally negotiable; detrimental language in the contract often may be removed or changed. This article presents information to help prepare dermatologists to review and negotiate contracts.

International Co-operation in providing insurance cover for nuclear damage to third parties and for damage to nuclear installations

International Nuclear Information System (INIS)

Deprimoz, Jacques

1983-01-01

This article in three parts analyses cover for damage to third parties by fixed nuclear installations, cover for damage to third parties during transport of nuclear substances and finally, cover for damage to nuclear installations. Part I reviews the principles of nuclear third party liability and describes nuclear insurance pools, the coverage and contracts provided. Part II describes inter alia the role of pools in transport operations as well as the type of contracts available, while Part III discusses material damage, the pools' capacities and the vast sums involved in indemnifying such damage. (NEA) [fr

Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned

International Nuclear Information System (INIS)

2013-01-01

The NEA Steering Committee for Nuclear Energy adopted the Decision and Recommendation Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned on 30 October 2014. The purpose of this Decision and Recommendation is to provide updated technical exclusion criteria, replacing the 1990 criteria that were in force. The criteria are relatively conservative, and some nuclear installations in the process of decommissioning will not, at first, be eligible for exclusion. However, at some point during the decommissioning process, the nuclear installation would meet the criteria and could be excluded from the Paris Convention nuclear liability regime, relieving the operator from the obligation to have and maintain the specific, high level nuclear liability insurance coverage. The Decision and Recommendation's Appendix and Explanatory Note are included in the document

Nuclear civil liability international system. Evolution prospects

International Nuclear Information System (INIS)

Reyners, P.

1996-01-01

This paper sets out the necessity of a special system of international conventions in the scope of nuclear civil liability. Then the main principles of the conventions in Paris and Vienna are described. Recently, works have been carried out in order to improve and modernize the civil liability system. (TEC). 4 tabs

Risks and nuclear insurance

International Nuclear Information System (INIS)

Debaets, M.; Springett, G.D.; Luotonen, K.; Virole, J.

1988-01-01

When analysing the nuclear insurance market, three elements must be taken into account: the nuclear operator's liability is regulated by national laws and/or international Conventions, such operators pay large premiums to insure their nuclear installations against property damage and finally, the nuclear insurance market is made up of pools and is mainly a monopoly. This report describes the different types of insurance coverage, the system governing nuclear third party liability under the Paris Convention and the Brussels Supplementary Convention and several national laws in that field. The last part of the report deals with liability and insurance aspects of international transport of nuclear materials [fr

Limiting the liability of the nuclear operator

International Nuclear Information System (INIS)

Reyners, P.

1986-01-01

This article discusses the questioning of a fundamental principle of the special nuclear third party liability regime by certain NEA countries: the limitation of the nuclear operator's liability. This regime, set up since the late fifties at European then at worldwide level, had until now been widely adopted in the national legislation of most of the countries with a nuclear power programme. The author analyses the different arguments in favour of restoring unlimited liability for the nuclear operator and attempts to define its implications for the future of the nuclear third party liability regime in NEA countries. (NEA) [fr

Nuclear operator liability amounts and financial security limits (Last updated: July 2014)

International Nuclear Information System (INIS)

2014-07-01

This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. In the table: - First tier corresponds to the liability amount imposed on the operator ('Operator's Liability Amount'). - Second tier corresponds to the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated ('Additional State Compensation'). - Third tier corresponds to public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula ['Additional Compensation (International Arrangements)']. Please note that under Article V, subparagraph 1 of the Vienna Convention, 'The liability of the operator may be limited by the Installation State to not less than US $5 million for any one nuclear incident'. Subparagraph 3 of the same article further provides that 'The United States dollar referred to in this Convention is a unit of account equivalent to the value of the United States dollar in terms of gold on 29 April 1963, that is to say US $35 per one troy ounce of fine gold.' Therefore, in this table (1963: USD 5 million) means that a country applies the Operator's Liability Amount as provided under the Vienna Convention. SDR is a unit of account used by the International Monetary Fund and is based upon a basket of weighted currencies. The latest exchange rates of SDRs per currency units are available at http://www.imf.org/external/np/fin/data/rms_five.aspx

Report by the Nuclear Liability Commission

International Nuclear Information System (INIS)

2003-01-01

The Nuclear Liability Commission set up by the Ministry of Trade and Industry was to find out whether the basic principles of Finland's current nuclear liability system are appropriate and well functioning and what changes should be made to the present system, taking into account Finland's position in the European convention system (Paris and Brussels Conventions). No proposal in the form of a bill was expected of the Commission. The Finnish nuclear liability system would be further developed as part of the international convention system so that the negotiated amendments to the conventions would be enforced in Finland as soon as possible after the final adoption of the convention texts. The Nuclear Liability Act would be amended so that the principle of unlimited liability of the nuclear installation operator would be adopted instead of the principle of limited liability. The unlimited liability should be covered by an insurance limited in amount so that the installation operator must take out an insurance of at least euro 700 million to cover the injured parties. The liability of the host State would be extended to cover damages exceeding the amount subject to the liability to take out an insurance referred to above by euro 500 million. The international compensation community would cover damages exceeding euro 1.2 billion by no more than euro 300 million. In this case a total of euro 1.5 billion should be compensated from the liability insurance of the installation operator and on the basis of the liability obligation of the host State and compensation community. Later, within the limits of the insurance capacity available, the liability to take out an insurance could be increased to euro 1.2 billion by gradually raising the limit so as to finally also cover fully the share of euro 500 million of the host State referred to above. As for appeal times, the Nuclear Liability Act would be amended so that the appeal time of personal damages would be prolonged. The

Nuclear operator liability amounts and financial security limits as of June 2011

International Nuclear Information System (INIS)

2011-06-01

This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. For each country listed in the table are indicated: the International Liability Convention (PC, BSC or VC, RVC and/or JP and/or CSC), the type of Installations / Activities, the Operator's Liability Amount (in National Currency or Special Drawing Rights (SDR) with USD/EUR Equivalent), the Financial Security Limit (in National Currency or Special Drawing Rights (SDR) with USD/EUR Equivalent), the Additional State Compensation if any, and the Additional Compensation (International Arrangements) if any

Plea for European Price Anderson legislation

International Nuclear Information System (INIS)

Roser, T.

1992-01-01

The paper analyses the essential features and the basic differences in nuclear liability and coverage in the United States where the problem is governed by the Price-Anderson legislation, and the Member States of the European Community which adhere to the Paris Convention on Third Party Liability in the Field of Nuclear Energy. The paper undertakes to show that it is possible to introduce into the European Community certain elements of the American regime, in particular the solidarity of nuclear operators and the retroactive premium coverage without violating the basic principles of the Paris Convention. Consequently the paper advocates the adoption of such rules in Europe as a step towards harmonisation of nuclear coverage and safety and a means to reduce government interference. (author)

The Paris Convention for the prevention of marine pollution from land-based sources

International Nuclear Information System (INIS)

Dinkloh, L.; Braun, H.

1983-01-01

The Paris Convention of 1974 which entered into force at an international level in 1978 is an important instrument to protect the North Sea and the North Atlantic against pollution from land-based sources. Contracting Parties are practically all riparian states of its scope of application - 13 states on the whole - as well as the EC. There is a survey of the functions, organization and working method, the instruments and results so far achieved in the framework of the Convention. Priority was so far given to the following substances or, respectively, groups of substances: oil, mercury, cadmium, drines, PCB's and PCT's as well as titanium dioxide. In this respect, it was above all agreed on: emission and immission standards (or guide values, respectively), recommendations for measures reducing emissions and a number of obligations to report. Studies and discussions on organosilicone compounds, radioactivity, water pollution through the atmosphere and eutrophication phenomena are relatively new. The opportunities offered by the Paris Convention have not yet been fully used. (orig.) [de

Nuclear Law

International Nuclear Information System (INIS)

Wiesbauer, Bruno

1978-01-01

This book is the first attempt of a comprehensive compilation of national Austrian Nuclear Law (Nuclear Liability Act; Radiation protection Act, Radiation Protection Ordinance, Security Control Act, Act on the uses of Nuclear Energy - Zwentendorf Nuclear Power Plant) and the most important international agreements to which Austria is a party. Furthermore, the book contains the most important Nuclear Liability Conventions to which Austria is not yet a party, but which are applicable in neighbouring; the Paris Convention served as a model for the national Nuclear Liability Act and may be used for its interpretation. The author has translated a number of international instruments into German, such as the Expose des Motifs of the Paris Convention. (NEA) [fr

Third party financing of renewable energy sources

International Nuclear Information System (INIS)

IDAE.

1994-01-01

IDAE (Institute of Energy Saving and Diversification) Hosted the Third party on financing renewable energy sources. The meeting was articulated into chapters: 1.- Experiences in the renewable energy field. 2.- Third party financing of small hydro-power projects. 3.- Third party financing of biomass projects. 4.- Third party financing of wind energy projects

Third party Superfund lawsuit defense influenced by the choice of remediation method

International Nuclear Information System (INIS)

Haddad, B.I.; Parish, G.B.

1994-01-01

Paper Company A was sued in a third party action suit initiated by a local utility who was a potential responsible party (PRP) to a contaminated site regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) program. In addition to Paper Company A, other parties to the third party suit included Paper Company B and Contractor C, a demolition contractor/waste hauler. Other PRPs included land owners where the contaminated debris was dumped, Mr. and Mrs. D. Based on background information, Paper Company A dumped coal ash, off quality feed stock, wood and trash north of the D-property. Paper Company B admitted dumping material north of the D-property. Samples of industrial sludges on the D-property had properties characteristic of the Paper Company B's sludges. Paper Company B dumped ash, chromium contaminated gypsum sludge and other waste. The utility company dumped ash on the D-property. Contractor C hauled demolition debris to the D property. A third PRP, Company E was the original owner of the buildings that were demolished. This PRP settled with the EPA as part of a bankruptcy settlement. The hazardous substances encountered at the site included PCBs, chromium and lead in the coal ash, demolition debris and industrial sludges. Disposal of material containing hazardous substances resulted in PCB contaminated debris and sediment, and chromium and lead contamination in the sediment, soil and groundwater

Ministerial Decree of 16 February 1976 relating to approval of the model certificate of financial security for the transport of radioactive materials

International Nuclear Information System (INIS)

1976-01-01

This Decree by the Minister of Industry, Commerce and Crafts, in consultation with the Minister of Transport, approves the model certificate of financial security for the transport of nuclear materials. This type of certificate issued by nuclear insurers is intended to provide detailed information on the nature of the financial security for damage likely to be caused by the materials in the course of transport; it is required to supply the certificate according to the Paris Convention on Third Party Liability in the Field of Nuclear Energy, ratified by Italy in 1975. The standardised presentation of this certificate enables it to be used in international transport between countries parties to the Paris Convention as proof of the existence of the financial security. (N.E.A.)

New Trends in European Nuclear Liability Law

International Nuclear Information System (INIS)

Getz, H.; Steinkemper, M.H.

1981-10-01

This paper analyses recent developments in nuclear liability legislation in Europe. The first part deals with the planned revision of the Paris Convention and the Brussels Supplementary Convention; the second part focuses on the reforms envisaged in the field in Switzerland and in the Federal Republic of Germany, in particular concerning unlimited liability. Finally, the author concludes that national reform plans and work at international level are not opposed, but supplementary activities. (NEA) [fr

Extension of the technical scope of the Paris and Vienna Conventions: fusion reactors and reactors in means of transport

International Nuclear Information System (INIS)

Reye, S.

1993-01-01

This paper examines the possibility of extending the technical scope of the Vienna and Paris Conventions to two types of nuclear installation presently excluded. Industrial use of fusion reactors is not expected for several decades, but the present revision of the liability regime provides a useful opportunity to ensure in advance that future industrial reactors will be covered, as well as covering risks arising from existing research reactors. Inclusion of nuclear reactors comprised in means of transport (in practice, in ships) in the liability regime would have certain advantages, but given their almost exclusively military use, such a proposal would be politically controversial. 18 refs

The Operation of the Joint Protocol: Theoretical and Practical Implications Revisited

International Nuclear Information System (INIS)

Horbach, N.

2008-01-01

On 21 September 1988, a Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention was adopted and entered into force on 27 April 1992. The 1988 Joint Protocol (Article II) provides for a mutual extension of the operator's liability under the Paris and Vienna systems: thus, if a nuclear incident occurs for which an operator is liable under both the Vienna Convention and the Joint Protocol, he shall be liable in accordance with the Vienna Convention for nuclear damage suffered not only in the territory of Parties thereto, but also in the territory of Parties to both the Paris Convention and the Joint Protocol; conversely, if an incident occurs for which an operator is liable under both the Paris Convention and the Joint Protocol, there shall be reciprocity. Moreover, the Joint Protocol (Article III) eliminates conflicts of law which might otherwise arise, especially in transport cases, from simultaneous application of the two Conventions. Although the text of the Joint Protocol is quite straightforward, it still has led to different interpretations in legal doctrine concerning Article IV. The main concern is the conflict that might arise in respect of the appropriate designation of the competent court and applicable law in situations were courts of different states might claim exclusive jurisdiction. This depends also on whether the Joint Protocol should be interpreted as eliminating the distinction between Contracting Parties and non-Contracting Parties in respect of the 'functional' relations among Paris and Vienna Contracting Parties, also party to the Joint Protocol, as far as the operative provisions of both Conventions listed in Article IV are concerned (including the provisions on jurisdictional competence). The importance of finding the legally correct interpretation, already complicated in relation to the interpretation of the operation of the Joint Protocol under the unrevised nuclear liability treaties (1960 Paris

Decree 2177/1967 of 22 June approving the Regulations on cover for nuclear risks

International Nuclear Information System (INIS)

1967-01-01

This Decree was made in implementation of Section 45 of the 1964 Act on nuclear energy. It contains provisions on third party liability for nuclear damage, the type of security to cover such liability and State intervention in compensating nuclear damage. The Decree was amended by two Decrees of 28 March 1968 and 7 November 1968 respectively. In particular, the latter Decree implements the provisions of the Paris Convention, ratified by Spain and fixes cover for nuclear risks at 350 million pesetas. (NEA) [fr

Cabinet decision concerning the application of certain regulations provided in Nuclear Third Party Legislation of 21 June 1972

International Nuclear Information System (INIS)

1972-01-01

This Order was made in implementation of the Act of 8th June 1972 on Nuclear Liability. Its purpose is to implement in Finland, the exclusion of certain small quantities of nuclear substances in course of transport from the liability of the nuclear operator in accordance with the corresponding Decision of the NEA Steering Committee concerning the Paris Convention. This Decision is based on the low hazard entailed by such substances. Furthermore, the Order stipulates that the Minister of Commerce and Industry is the competent authority to decide, under the Act of 1972, that the carrier shall be liable for nuclear damage in place of the nuclear operator. (NEA) [fr

Comparative Study of Determining of the Responsible Person and the Basis of Compensation in Civil Liability Results from Events Related to Nuclear Facilities

Directory of Open Access Journals (Sweden)

Sayyed Mohammad Mahdi Qabuli Dorafshan

2015-12-01

Full Text Available Nuclear facilities, though have large advantages for human being, they also creates heavy hazards. Thus, the question of civil liability results from events of mentioned facilities are so significant. This paper studies the question of the basis and responsible for compensation results from aforementioned events in international instruments, Iran and French law. Outcome of this study shows that in this regard, Paris and Vienna conventions and the other related conventions and protocols adjust a special legal régime. In this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and they have commited the operator to insurance or appropriate secure financing. Also French legal régime have followed this manner with the impact of the Paris Convention and its amendments and additions. There is no special provisions in Iran legal régime in this matter so civil liability results from nuclear events is under general rules of civil liability and rules such Itlaf (loss, Tasbib (causation, Taqsir (fault and La-zarar (no damage in the context of Imamye jurisprudence. Ofcourse, the responsible is basically the one who the damage is attributable to him. Finaly, It is appropriate that the Iranian legislator predict favorable régime and provides special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy

Third-party online payment solutions in China

OpenAIRE

Yang, Qian

2017-01-01

The topic of this paper is third-party online payment solutions in China and the main purpose of this paper is to figure out the research question: What are the impacts of third-party online payment solutions on China? Generally speaking, the third-party online payment solutions, including mobile payments, usually used by customer who purchase online and usually used in transaction platform. However, in China, people can use third-party payment solutions in different platfor...

Deliberations on Compensation and Remediation of Nuclear Damage to the Environment

International Nuclear Information System (INIS)

Pelzer, N.

2010-01-01

At its meeting held on 17 and 18 November 2009, the OECD NEA's Nuclear Law Committee (NLC) discussed the issue of obtaining financial security to cover liability for environmental damage. The experts from the insurance industry observed that the liability for environmental damage under the '2004 Paris Convention on Third Party Liability in the Field of Nuclear Energy' (2004 Paris Convention)2 may differ from the liability established under the 'Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage' (referred to as 'directive'). This discussion put into focus the question whether the term 'liability' of the operator under the 2004 Paris Convention and under the directive covers identical concepts of 'compensation'. It is true that the directive, according to its Article 4, excludes nuclear risks or environmental damage or the imminent threat of such damage originating from defined nuclear activities from its scope of application. However, it reserves the right to amend that exclusion by 2014 [Article 18(2) and (3)]. Irrespective of this legal situation, there exists an understandable interest of the insurance industry and of other stakeholders as well to get clarification on which type of obligation the operator has to meet under both instruments, or in other words: which liability and coverage consequences does damage to the environment entail for the operator?

A bridge between two conventions on civil liability for nuclear damage: The Joint Protocol relating to the application of the Vienna Convention and the Paris Convention

International Nuclear Information System (INIS)

Busekist, Otto von

2006-01-01

The adoption of the Joint Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and the NEA, was hailed as landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. The present article attempts to describe the history of the Joint Protocol during the many years it took to develop this link between the two conventions, to provide comment on its objectives and content, and to discuss some important questions related to its application

A bridge between two Conventions on civil liability for nuclear damage: the Joint protocol Relating to the application of the Vienna Convention and the Paris Convention

International Nuclear Information System (INIS)

Busekist, O. von.

1989-01-01

The adoption of the Joint-Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and NEA, was hailed as a landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. This article describes the history of the Joint Protocol during the many years it took to develop this link between the two Conventions, provides a comment on its objectives and content, and discusses some important questions related to its application. (NEA) [fr

The effectiveness and development trend of nuclear third party liability insurance in the nuclear risk management

International Nuclear Information System (INIS)

Wang Pei

2010-01-01

Nuclear power considerably benefited mankind since it was utilized peaceably. The cleanness, safety and high efficiency of nuclear power were gradually known and recognized by the public. However at the same time, nuclear power had produced significant accident and consequently caused severe aftereffects during its utilization. Therefore, effective management of nuclear risk and reducing its accident probability are the social responsibilities of every nuclear nation. From the insurance point of view, this document analyzes the validity and development trends of nuclear third party insurance in nuclear risk management. It also introduces effectual experience in this field from nuclear insurance developed countries. This document discusses the necessity of consummating nuclear third party insurance under the aggressive development situation of nuclear power in our country. (author)

Questions raised by the concept of nuclear damage in the ambit of the nuclear Conventions with particular regard to the German viewpoint

International Nuclear Information System (INIS)

Steinkemper, H.

1985-01-01

An important consequence of the amendment of the Paris Convention and the Brussels Supplementary Convention by the Protocols of 16 November 1982 is the replacement of the European Monetary Agreement unit of account by the International Monetary Fund's Special Drawing Right. The increase by a factor of 2.5 of the maximum amounts under the Brussels Convention is also an essential aspect of the revision. The question of damage covered by the nuclear third party liability regime was not affected by the 1982 amendments. This is why the author considers it appropriate to examine in further detail a number of important questions in this field. The paper deals with the following aspects: the scope and limits of the concept of nuclear damage; the right to be indemnified for disamenities and costs arising from evacuation and prevention measures; and the problem of the nuclear link of causality for damage likely to be attributed also to non-nuclear causes. (NEA) [fr

An overview of the international regime governing liability for nuclear damage

International Nuclear Information System (INIS)

Sturms, W.; Reye, S.

1995-01-01

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

The financial implications of certain types of cross-border pollution: The polluter-pays principle

International Nuclear Information System (INIS)

Montmayeul, J.P.

2001-01-01

Favorable Paris Convention regulations: absolute liability, exclusive liability, channeling of liability to the operator in case of nuclear damage, financial security, limited maximum liability, single legal forum, ten-year time limit. Difficulties of application for certain types of cross-border pollution not covered by the Paris Convention: so-called orphan sources (stolen, lost, or abandoned sealed sources or confiscated contaminated metallurgical scrap). Benefits of the polluter-pays principle: identification of the polluter, identification of the holder of the polluted materials, responsible parties held accountable, financial reparations. Analysis of the polluter-pays principle already recognized in numerous international texts on environmental law. (author)

Impact of bankruptcy and insolvency on third parties in the petroleum industry: conference papers

International Nuclear Information System (INIS)

1999-01-01

The Insight Conference has seven articles on the following aspects of the conference theme: I - overview of the Bankruptcy and Insolvency Act and Companies' Creditor's Arrangement Act; II- the effects of bankruptcy and insolvency on exploration agreements; III - the effects of bankruptcy on CO and O, unit and pooling agreements; IV - impact of bankruptcy and insolvency on marketing and transportation agreements; V - claims of operators, non-operators and third parties arising from oil and gas operations; V I - buying and selling assets from a bankrupt or insolvent party; and VII - environmental liability for receivers, trustees and others in the petroleum industry. Abstracts/descriptors are included for articles II, V, and VII. separately

Proposed Amendments to the Nuclear Liability

International Nuclear Information System (INIS)

1981-01-01

This Memorandum issued by the Swedish Ministry of Justice contains proposed amendments to the 1968 Nuclear Liability Act which can be divided into two categories. Those in the first category are required to enable Sweden to ratify the draft Protocols to amend the Paris Convention and the Brussels Supplementary Convention. The second category of amendments propose that the nuclear operator's liability be raised from the present sum of 50 million Kroner to 500 million Kroner, to be covered by insurance; it is also proposed that a State liability be introduced over and above the compensation available, the aggregate amount being limited to 300 million Kroner. State indemnification would apply to the Nordic countries. The Annexes to the Memorandum contain the English and French texts of the draft Protocols to amend both above-mentioned Conventions (NEA) [fr

When can we trust a third party?

NARCIS (Netherlands)

Hee, van K.M.; Sidorova, N.; Werf, van der J.M.E.M.; Koutny, M.; Aalst, van der W.M.P.; Yakovlev, A.

2013-01-01

Organizations often do not want to reveal the way a product is created or a service is delivered. As a consequence, if two organizations want to cooperate, they contact a trusted third party. Each specifies how it wants to communicate with the other party. The trusted third party then needs to

Study of the legal problems raised by the siting of nuclear power stations in artificial islands

International Nuclear Information System (INIS)

Hebert, J.; Guieze, J.L.

1975-01-01

The creation and operation of a nuclear power station on an artificial island in French waters are governed by domestic law and are subject to two types of procedure: the first concerns erection of the artificial island and the second the control of the public authorities over creation and operation of the nuclear power station. At administrative level, the setting up of an artificial island requires that it be attached to a commune as well as permission for occupancy from the maritime authorities. Furthermore, setting up of a nuclear power station on an artificial island is subject to the licensing procedure for large nuclear installations and to delivery of the licenses required for release of gaseous and liquid radioactive effluents. Given the proximity of the high seas and eventually, the borders of other States, siting of a nuclear power station on an artificial island imposes obligations at international level. These requirements, which concern prevention of transfrontier pollution, stem from the London (1972) and Paris (1974) Conventions on marine pollution. The third party liability regime for a nuclear incident caused by an installation sited in territorial seas is that of the 1960 Paris Convention on third party liability in the nuclear field and the 1963 Brussels Supplementary Convention. Another problem likely to be raised is that of the right of innocent passage of ships near such installations [fr

The Dark Side of Altruistic Third-Party Punishment

Science.gov (United States)

Leibbrandt, Andreas; Lopez-Perez, Raul

2011-01-01

This article experimentally studies punishment from unaffected third parties in ten different games. The authors show that third-party punishment exhibits several features that are arguably undesirable. First, third parties punish strongly a decider if she chooses a socially efficient or a Pareto efficient allocation and becomes the richest party…

Nuclear Liability Act as amended (No 484/72)

International Nuclear Information System (INIS)

1972-01-01

This Act which entered into force on 16th June 1972 adopted the essential principles laid down in the Paris Convention. These include in particular absolute liability of the operator, its limitation in amount and in time. (NEA) [fr

Financing energy efficiency investments. Third party financing: practical problems and possible solutions

International Nuclear Information System (INIS)

Warren, A.

1992-01-01

Third Party Financing means the packaging together of both technical aid and the necessary funding for energy cost saving investments by an outside company (outside to the energy user that is), using the energy cost savings themselves to pay for that investment. There are two key factors which differentiate Third Party Financing and conventional approaches to the implementation of energy conservation projects, the first of which is the provision of all the necessary technical services - both initial and detailed energy audits, engineering design and implementation - from one source. The second difference involves viewing the energy cost savings as a ''stream oincome'' which will repay the cost of the investment. This approach has a number of attractions to energy users: the outside company brings both its technical expertise and the necessary up-front capital to fund the energy saving investment. In addition, because the payments to the outside company are contingent, either wholly or in part, upon the level and timing of the energy cost savings the technical and financial risk for the investment is transferred from the energy user to the outside company. However, although simple in concept, third party financing is complex in practice. How does an energy user judge one third party financing proposal against another? If an agreement is made, how are energy savings measured or what happens if there is a dispute between the two parties? These are examples of the practical questions addressed in this paper which must be resolved if third party financing is to be used to assist energy saving. (Author)

Nuclear Liability Legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

1998-01-01

This paper contains a basic data about the legislation referring to third party liability for nuclear damage in Croatia. It also, gives some drafting provisions in the Croatian Nuclear Liability Act, but only those which implements a substantial changes compared to the Act currently in force. (author)

Civil liability and nuclear coverage: synthesis report

International Nuclear Information System (INIS)

1995-01-01

The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

Notes on third party liability for nuclear damage in connection with the construction of the first nuclear power plant in Brazil

International Nuclear Information System (INIS)

Simoes, A.C.

1975-01-01

Responsibilities for the construction and operation of the first nuclear power plant have been transferred from the National Nuclear Energy Commission to Electrobras, a public undertaking set up for this purpose. In view of such transfer of responsibilities and the implementation of further nuclear power projects, liability for nuclear damage has to be regulated in a way consistent with international conventions. A working group associating representatives of national authorities and public utilities was entrusted with the task of drafting rules for co-ordinating their respective activities in relation to the execution of the first nuclear power project; these rules were issued by Ministerial order in 1970. The working group also prepared a draft law on civil liability for nuclear damage, based on the Vienna Convention. This draft law has reached its final stage and, after promulgation, will enable Brazil to ratify the Vienna Convention. (author)

Act No. 732 of December 7, 1988. Act to amend the Act on civil liability for nuclear damage

International Nuclear Information System (INIS)

1988-01-01

This Act amends Act No. 332 of June 19, 1974 on civil liability for nuclear damage, enabling Denmark to ratify the 1982 Protocols to amend the Paris Convention and the Brussels Supplementary Convention as well as the 1988 Joint Protocol relating to the application of the Vienna and the Paris Convention. The 1988 Act raises the nuclear operator's liability from 75 million DKr to 60 million SDRs while cover involving State funds is raised from 120 million units of account to 300 million SDRs. The Act entered into force on July 1, 1989 except for the provision on State funds which becomes effective when the 1982 Protocol amending the Brussels Convention comes into force. (NEA) [fr

13 CFR 120.920 - Required participation by the Third Party Lender.

Science.gov (United States)

2010-01-01

...) Third Party Loan collateral. Third Party Loans usually are collateralized by a first lien on the Project... BUSINESS LOANS Development Company Loan Program (504) Third Party Loans § 120.920 Required participation by the Third Party Lender. (a) Amount of Third Party Loans. A Project financing must include one or more...

Romanian Nuclear Liability Legislation

International Nuclear Information System (INIS)

Banu, R.

2006-01-01

The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

Understanding the Paris agreement: analysing the reporting requirements under the enhanced transparency framework

DEFF Research Database (Denmark)

Desgain, Denis DR; Sharma, Sudhir

At the Paris climate conference (COP-21) in December 2015, the Conference of the Parties decided to adopt the Paris Agreement under the United Nations Framework Convention on Climate Change. This was the first time that 195 Parties had agreed on a universal, legally binding climate instrument......th October 2016, 74 Par¬ties had ratified the Agreement, accounting for 58.82% of global GHG emissions.1 The Paris Agreement will thus enter into force on 4th November 2016....

Third party financing of renewable energy sources

International Nuclear Information System (INIS)

1994-01-01

The Institut of Energy Saving and Diversification (IDAE) hosted the third party on financing Renewable Energy Sources in Spain. The main aspects were : 1) Experiences in renewable energy. 2) Financing of small hydro-power projects. 3) Third party financing of biomass projects. 4) Financing of wind energy projects

Standard rules for liability and cover for nuclear installations

International Nuclear Information System (INIS)

Pfaffelhuber, J.K.; Kuckuck, B.

1980-01-01

To afford full protection for possible victims, the authors of this article are in favour of doing away with the limitation of liability of nuclear operators presently provided under the German Atomic Energy Act, the principle of which is based on the Paris Convention and the Brussels Supplementary Convention. In support of this argument reference is made to the recent accident at Three Mile Island, trends in other national legislation towards unlimited liability as well as high safety standards in German nuclear plants. Finally, possible ways of providing unlimited liability are proposed, in particular increased insurance cover and the constitution of an interest-bearing fund in addition to State intervention in case of a major nuclear incident. (NEA) [fr

Third party objection and action against enforcement: Request for exclusion

Directory of Open Access Journals (Sweden)

Salma Marija

2014-01-01

Full Text Available This paper deals with a right of a third party to prevent enforcement on the basis of a claim and evidence that rights or assets seized in enforcement proceeding belong to him (third party and not to the enforcement debtor. In most of jurisdictions that were subject of analysis of this paper, this right of a third party is exercised by filing an objection to the court conducting enforcement proceedings. The claim of the third party is directed towards the enforcement creditor as well as against the enforcement debtor. In the event the claim of the third party is being contested, the court instructs the third party to initiate litigation proceedings for determining whether the third party is entitled to exclusion of such rights or assets from enforcement, especially if such third party holds property rights or some other rights over the assets that are being subject to enforcement proceedings. In majority of analyzed jurisdictions, enforcement proceedings are being suspended provided the third party, in the objection being filed makes prima facie likely, on the basis of credible evidence, that his assets were seized in the enforcement proceedings. However, according to the law of the Republic of Serbia, a credible objection of a third party does not result in suspension of enforcement proceedings, something that is being criticized in this paper. As a result of this provision of the law, a bona fide third party is forced to endure the enforcement although his claim has been made likely and subsequently confirmed in the litigation proceedings. The author, in particular, points to the legal consequences of mala fide enforcement creditor that knew that the assets that are being subject of the enforcement proceedings do not belong to the enforcement debtor. The author is of the opinion that, in such cases, the enforcement creditor should be obliged to pay to the third party damages that such party suffered as a result of enforcement proceedings being

Hotel Overbooking and Cooperation with Third-Party Websites

Directory of Open Access Journals (Sweden)

Yufeng Dong

2015-08-01

Full Text Available Hotels cooperate with third-party websites to enhance their competitive position and attain sustainable development in the era of e-commerce. Furthermore, hotel managers overbook to hedge against last-minute cancellations and customer no-shows. This paper discusses pricing and overbooking strategies of a hotel in the context of cooperation with multiple third-party websites and analyzes how these strategies influence the cooperation process. The increase in profits resulting from the overbooking strategy is also examined. A model of a Stackelberg game between the hotel and third-party websites and a Nash game among the third-party websites are developed to analyze the process. Results indicate that the compensation coefficient has a slight influence on hotel pricing strategy, but causes a sharp decrease in overbooking level. As the hotel demands to lessen the probability of denying under higher compensation rate, the third-party websites would exert less sales effort to reduce the demand of online customers. Results also show that under a given market demand, hotel effort only serves to redistribute market shares among the hotel and third-party websites, without influencing hotel pricing and overbooking decisions. Specifically, the market shares of the third-party websites decrease in the effort level of the hotel resulting from an increase in the hotel market share. Finally, in the numerical example where one hotel and two websites are analyzed, hotel overbooking strategy improves hotel profit by 4.20%, whereas profit improvements for Websites 1 and 2 are as high as 5.26% and 5.21%, respectively. Managerial implications of the study are also provided.

Sub-seabed burial of radioactive waste and liabilities

International Nuclear Information System (INIS)

Reyners, Patrick.

1982-10-01

The author of this report discusses the problems raised by application of the special third party liability system to damage which may result from embedding radioactive waste in the sub-seabed. The matter of general liability of the State for nuclear damage caused to the environment is also dealt with in this paper. (NEA) [fr

Nuclear Liability Act of 8 June 1972 as amended by the Act of 15 September 1989

International Nuclear Information System (INIS)

1989-09-01

The 1972 Nuclear Liability Act has been amended by an Act 1989 to bring its provisions in line with those of the Paris Convention and the Brussels Supplementary Convention as amended respectively by the 1982 Protocols. The 1989 Act also raises the limit of the nuclear operator's liability from 42 million Finnish marks (approximately 8 million Special Draing Rights - SDRs) to 100 million SDRs [fr

Objectives, concepts and strategies for the management of radioactive waste arising from nuclear power programmes

International Nuclear Information System (INIS)

1977-09-01

This Report (also referred to as the Polvani Report) provides a comprehensive description of problems, current practices and policies in the field of radioactive waste management. The day to day management of radioactive waste is, according to the Report, in general satisfactorily covered, both from the point of view of licensing and control and liability and insurance. It points out, however, that the third party liability regime established by the Paris Convention and corresponding national legislation, would seem to be ill-adapted to cover damage resulting from waste ultimately disposed of because it would necessitate the operator's liability and corresponding insurance being maintained for an indefinite period of time. Solutions should therefore be sought providing for compensation by governments. (NEA) [fr

Liability in nuclear establishments

International Nuclear Information System (INIS)

Bockli, H.R.

1980-01-01

The paper gives a history of safety legislation in nuclear plants. A change has been suggested to the present law which would put total liability for damage or injury on the owner of the plant. This new legislation is being introduced in Switzerland. It covers even natural disasters as well as acts of war, but excludes injuries caused through negligence or irresponsibility of employee, however, third party injured as a consequence is to be compensated. The liability stretches over 30 years after the event. (G.R.S.)

Third party bargaining and contract terms: a link over time?

Science.gov (United States)

Brooks, John M; Doucette, William R; Sorofman, Bernard A

2002-01-01

To evaluate whether prior pharmacy bargaining process strategies and pharmacy dependence on third parties affect the bargaining power of pharmacies in price negotiations with third parties. One-time survey. Random sample of 900 independent and small chain pharmacies in nine states: Colorado, Connecticut, Georgia, Kentucky, Minnesota, Oklahoma, Oregon, Pennsylvania, and Wisconsin. Two hundred sixteen of the returned surveys contained sufficient responses for this analysis. Survey data on pharmacy bargaining power and prior pharmacy bargaining strategies, pharmacy dependence, and market characteristics were analyzed using multiple regression in a previously developed and modified provider/third party bargaining model. Pharmacy bargaining power. Pharmacy bargaining power varied across our sample. Pharmacy bargaining power was positively related to whether a pharmacy previously bargained with the third parties, negatively related to prior requests for contract changes, and negatively related to the pharmacy's dependence on third parties in total. Pharmacy bargaining power is related to the bargaining strategies employed by pharmacies during the previous year and the dependence of pharmacies on third party payers in total. With the prevalence of "take-it-or-leave-it" contracts from third parties, prior pharmacy bargaining behavior may affect the initial terms of the contracts that pharmacies are offered.

Liability and insurance aspects of international transport of nuclear materials

International Nuclear Information System (INIS)

van Gijn, S.H.

1985-01-01

The Paris and Vienna Conventions do not affect the application of any international transport agreement already in force. However, in certain circumstances both the nuclear operator and the carrier may be held liable for nuclear damage which arises during international transports of nuclear materials. The ensuing cumulation of liabilities under the Nuclear and Transport Conventions may cause serious problems in obtaining adequate insurance cover for such transports. The 1971 Brussels Convention seeks to solve this problem by exonerating any person who might be held liable for nuclear damage under an international maritime convention or national law. Similar difficulties are encountered in the case of transports of nuclear materials between states which have and states which have not ratified the Paris and Vienna Conventions. (NEA) [fr

International regulatory activities

International Nuclear Information System (INIS)

Anon.

2004-01-01

The 48. session of the IAEA general conference was held in Vienna from 20 to 24 september 2004 with the participation of delegates from 125 members states and representatives of various international organisations. A number of resolutions were adopted by the conference in the following fields: nuclear safety, radiation, transport and waste safety. The general conference also adopted a resolution on measures to protect against nuclear terrorism. The Director General decided in 2003 to appoint a group of experts to explore and advise on issues related to nuclear liability. This group called the International Expert Group on Nuclear Liability (I.N.L.E.X.) consists of 20 experts members from nuclear power and non nuclear power countries and from shipping and non shipping states. It serves three major functions: to create a forum of expertise to explore and advise on issues related to nuclear liability; to enhance global adherence by nuclear and non nuclear states to an effective nuclear liability regime, inter alia, on the basis of the convention on supplementary compensation for nuclear damage and the annex thereto, the Vienna convention on civil liability for nuclear damage, the Paris convention on third party liability in the field of nuclear energy, the joint protocol relating to the application of the vienna convention and the paris convention and the amendments thereto; and to assist in the development and strengthening of the national nuclear liability legal frameworks in IAEA members states to protect the public and the environment and to enhance nuclear safety. The second part of international regulatory concerns a directive on public access to environmental information made by the European Parliament. (N.C.)

Effects and outcomes of third-party reproduction: parents.

Science.gov (United States)

Greenfeld, Dorothy A

2015-09-01

Third-party reproduction has introduced a host of changing family constellations. Research has shown that children conceived through third-party reproduction are doing well psychologically and developmentally, but what about their parents? How have they coped with the transition to third-party reproduction? Has the experience impacted their marital stability or the quality of their parenting? This review will address parents of children conceived through oocyte donation, parents of children conceived through gestational surrogacy, and gay male parents of children conceived through oocyte donation and gestational surrogacy. Copyright © 2015 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

Reconsideration of the principle of the nuclear operator's limitation of liability

International Nuclear Information System (INIS)

Hohlefelder, W.

1985-01-01

The author considers that the introduction of unlimited strict liability in nuclear liability law is now reasonable and appropriate; there is no need for liability and cover to coincide to ensure the soundness of the regime. The provisions in Article 7 of the Paris Convention regarding maximum amounts of liability can no longer be considered to be the sole permissible system. Interpretation on the basis of the spirit and the purpose of these rules indicates that also unlimited liability is permissible in the light of the economic and safety-related technical development of the peaceful uses of nuclear energy. Also, a deviation from the principle that limited liability and cover should tally seems possible. (NEA) [fr

The concept of ''pollution damage'' in the maritime conventions governing liability and compensation for oil spills

International Nuclear Information System (INIS)

Jacobsson, M.

2000-01-01

Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (I.M.O.). The framework for the regime was originally by the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil liability convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention). This old regime was amended in 1992 by two protocols, and the amended Conventions are known as 1992 Civil Liability Convention and the 1992 Fund Convention. The Civil Liability conventions govern the liability of ship-owners for oil pollution damage. The Conventions lay down the principle of strict liability for ship-owners and create a system of compulsory liability insurance. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. The regime of liability and the funds created by the 1971 and 1992 Conventions are analyzed in detail. Are studied as following: the concepts of pollution damage and the safeguard measures or preventive measures, the question of receivability for compensation demands (damage to properties, cleansing operations, costs, economic loss). The question of compensation conditions for the only economic loss and the damage to environment are tackled. This expose is concluded by enlightening the contribution brought by the previously named Conventions to the International law about the civil liability. (N.C.)

Nature and finality of liability insurance support to nuclear operators

International Nuclear Information System (INIS)

Deprimoz, J.

1975-01-01

First the specific features of the law originated from the Paris Convention of 1960 is described: strict liability channeled on the operator, the both principles being already underlying in the insurance policies delivered to nuclear operators before their introduction in the internal legislation of the countries that ratified the convention. Then the specific services expected from the liability Insurer are reviewed and the method now prevailing for a rating approach of the risks is analyzed. The new rating techniques that could be justified by speeding up the erection program of nuclear plants through the world are surveyed [fr

Moral emotions as determinants of third-party punishment

Directory of Open Access Journals (Sweden)

Rob M. A. Nelissen

2009-12-01

Full Text Available Third-party punishment has recently received attention as an explanation for human altruism. Feelings of anger in response to norm violations are assumed to motivate third-party sanctions, yet there is only sparse and indirect support for this idea. We investigated the impact of both anger and guilt feelings on third-party sanctions. In two studies both emotions were independently manipulated. Results show that anger and guilt independently constitute sufficient but not necessary causes of punishment. Low levels of punishment are observed only when neither emotion is elicited. We discuss the implications of these findings for the functions of altruistic sanctions.

Bulgarian energy legislation. Status quo and problems

International Nuclear Information System (INIS)

Denchev, P.

1996-01-01

The author gives a general survey of the present situation and the development tendencies in the Bulgarian nuclear legislation. The latest amendments of the Atomic Energy Act passed by the Bulgarian Parliament are discussed. Special attention is paid to the ratification of the following four groups of international documents: 1) The Convention on Nuclear Safety; 2) The Vienna Convention on Civil Liability for Nuclear Damage and the Joint Protocol on the Application of the Vienna Convention and the Paris Convention on Third Party Liability in the Field of Nuclear Energy; 3) The Convention for the Physical Protection of Nuclear Material, the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency; 4) The European Energy Charter and its Protocol on Energy Efficiency. The need of adoption of new legislative documents regulating the supply of radioactive materials according to the EURATOM Treaty is stressed

Selfish third parties act as peacemakers by transforming conflicts and promoting cooperation.

Science.gov (United States)

Halevy, Nir; Halali, Eliran

2015-06-02

The tremendous costs of conflict have made humans resourceful not only at warfare but also at peacemaking. Although third parties have acted as peacemakers since the dawn of history, little is known about voluntary, informal third-party intervention in conflict. Here we introduce the Peacemaker Game, a novel experimental paradigm, to model and study the interdependence between disputants and third parties in conflict. In the game, two disputants choose whether to cooperate or compete and a third party chooses whether or not to intervene in the conflict. Intervention introduces side payments that transform the game disputants are playing; it also introduces risk for the third party by making it vulnerable to disputants' choices. Six experiments revealed three robust effects: (i) The mere possibility of third-party intervention significantly increases cooperation in interpersonal and intergroup conflicts; (ii) reducing the risk to third parties dramatically increases intervention rates, to everyone's benefit; and (iii) disputants' cooperation rates are consistently higher than third parties' intervention rates. These findings explain why, how, and when self-interested third parties facilitate peaceful conflict resolution.

Recent tendency of Nuclear Third Party Legislation

International Nuclear Information System (INIS)

Gohara, Fumiaki

1988-01-01

Nuclear accidents in Three Mile Island and Chernobyl have a great influence on Nuclear Third Party Legislation of many countries. Nuclear Third Party Law of Japan is due to expire as at 31st, December, 1989, under the recent circumstances in which threre exist pros and cons to nuclear installations among people. This report describes the outline of Japanese Nuclear Law compared with foreign ones and the prospect of its revision. (author)

Apportioning liability for transborder damages

International Nuclear Information System (INIS)

Krause-Ablass, W.-D.

1988-01-01

The legal situation in the case of cross border damage being caused by reactor accidents or transportation of nuclear material through more than one country is analysed. Two questions have to be asked - which country's courts have jurisdiction over the claims for damage? and which law is applicable? In considering the jurisdiction problem, the Paris and Vienna Conventions are discussed and also other rules of jurisdiction. The way the law is applicable is discussed in the second section. When the action for liability is based on the Paris or Vienna Convention the issue of reciprocity may arise and this is discussed. After a nuclear incident a potential plaintiff may have a choice amongst various jurisdictions and various available laws. Success may depend on the right choice of the forum chosen. This is illustrated by two examples. (U.K.)

Paris INDCs: will they achieve the goal of the Paris Climate Agreement?

Science.gov (United States)

Tribett, W. R.; Salawitch, R. J.; Hope, A. P.; Bennett, B.; Canty, T. P.

2016-12-01

We provide an overview of the Intended Nationally Determined Contributions (INDCs) submitted prior to the 21st meeting of the Conference of the Parties to the United Nations Framework Convention on Climate Change, which are the backbone of the Paris Climate Agreement. Two flavors of INDCs were submitted: unconditional (i.e., firm commitments) and conditional (commitments contingent on financial flow and/or technology transfer). Generally, the Paris INDCs extend to year 2030. However, achievement of either the target (1.5 °C warming) or upper limit (2.0 °C warming) of the Paris Agreement requires consideration of emissions out to 2060, due to the projected rise in energy demand, growing populations, and rising standards of living. We therefore project global carbon emissions out to year 2060, and compare to various RCP scenarios of IPCC (2013). These projections will be used to assess whether the target (1.5 °C warming) or upper limit (2.0 °) of the Paris Climate Agreement will be met.

40 CFR 267.147 - Liability requirements.

Science.gov (United States)

2010-07-01

... consideration of the guarantee. If the guarantor is a firm with a “substantial business relationship” with the... PERMIT Financial Requirements § 267.147 Liability requirements. (a) Coverage for sudden accidental... facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties...

Legislative update: United States

International Nuclear Information System (INIS)

Anon.

2007-01-01

The US Senate consented to the ratification of the Convention on Supplementary Compensation for Nuclear Damage (CSC) on 4 August 2006. The entry into force of the Convention on Supplementary Compensation will substantially change the face of the international nuclear liability regime. The CSC is a free-standing instrument, open to all states. This means that countries can become party to a new global regime providing for liability and compensation for victims of a nuclear incident, without also having to become a contracting party to the Paris Convention or the Vienna Convention. This is certainly a major step forward given that at the present time, over half of the world's reactors in operation or under construction are not covered by any of the international nuclear third party liability conventions. The CSC creates an instrument by which states can ensure that more money will be made available to compensate more victims for a broader range of damage than ever before. The CSC provides for two tiers of compensation. The first tier, fixed at 300 million Special Drawing Rights, is to be provided by the liable operator. This tier is to be distributed on a non-discriminatory basis to victims both inside and outside of the Installation State. If 300 million SDRs are insufficient to compensate all damage, then contracting parties will be required to contribute to the second tier (the international fund). The amount of this second tier is not fixed, but rather will depend on the number of operating nuclear power plants in contracting parties, and is designed to increase as the number of such plants increases

THE THIRD PARTY CERTIFICATION SYSTEM FOR ORGANIC PRODUCTS

Directory of Open Access Journals (Sweden)

Adina-Roxana MUNTEANU

2015-12-01

Full Text Available In the context of an increasing organic trade worldwide, the organic standards and the certification of the organic practices are ever more important and relevant for both business and consumers. The certification by third parties of the organic operators is meant to ensure the application of an organic standard. However, the documented fraud cases are proof that the current system can undergo further improvement. The current paper gives an overview of the mechanisms of certification and inspection worldwide and discusses the issues raised by third party certification of the organic operators in the European context. Moreover, the paper reviews the major arguments for the effectiveness of the third party certification and also points to the improvement possibilities of the systems.

Manipulating Morality: Third-Party Intentions Alter Moral Judgments by Changing Causal Reasoning.

Science.gov (United States)

Phillips, Jonathan; Shaw, Alex

2015-08-01

The present studies investigate how the intentions of third parties influence judgments of moral responsibility for other agents who commit immoral acts. Using cases in which an agent acts under some situational constraint brought about by a third party, we ask whether the agent is blamed less for the immoral act when the third party intended for that act to occur. Study 1 demonstrates that third-party intentions do influence judgments of blame. Study 2 finds that third-party intentions only influence moral judgments when the agent's actions precisely match the third party's intention. Study 3 shows that this effect arises from changes in participants' causal perception that the third party was controlling the agent. Studies 4 and 5, respectively, show that the effect cannot be explained by changes in the distribution of blame or perceived differences in situational constraint faced by the agent. © 2014 Cognitive Science Society, Inc.

76 FR 69595 - Application of Third Party Testing Requirements; Reducing Third Party Testing Burdens

Science.gov (United States)

2011-11-08

... material change in the product's design or manufacturing process, including the sourcing of component parts...)) defines a ``children's product,'' in relevant part, as a consumer product designed or intended primarily... testing by a third party) be designed to show the similarity between the products? Also, sampling...

Billing third party payers for pharmaceutical care services.

Science.gov (United States)

Poirier, S; Buffington, D E; Memoli, G A

1999-01-01

To describe the steps pharmacists must complete when seeking compensation from third party payers for pharmaceutical care services. Government publications; professional publications, including manuals and newsletters; authors' personal experience. Pharmacists in increasing numbers are meeting with success in getting reimbursed by third party payers for patient care activities. However, many pharmacists remain reluctant to seek compensation because they do not understand the steps involved. Preparatory steps include obtaining a provider/supplier number, procuring appropriate claim forms, developing data collection and documentation systems, establishing professional fees, creating a marketing plan, and developing an accounting system. To bill for specific patient care services, pharmacists need to collect the patient's insurance information, obtain a statement of medical necessity from the patient's physician, complete the appropriate claim form accurately, and submit the claim with supporting documentation to the insurer. Although many claims from pharmacists are rejected initially, pharmacists who work with third party payers to understand the reasons for denial of payment often receive compensation when claims are resubmitted. Pharmacists who follow these guidelines for billing third party payers for pharmaceutical care services should notice an increase in the number of paid claims.

29 CFR 1425.6 - Use of third-party mediation assistance.

Science.gov (United States)

2010-07-01

... 29 Labor 4 2010-07-01 2010-07-01 false Use of third-party mediation assistance. 1425.6 Section 1425.6 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE MEDIATION ASSISTANCE IN THE FEDERAL SERVICE § 1425.6 Use of third-party mediation assistance. If the parties...

Reflexive intergroup bias in third-party punishment.

Science.gov (United States)

Yudkin, Daniel A; Rothmund, Tobias; Twardawski, Mathias; Thalla, Natasha; Van Bavel, Jay J

2016-11-01

Humans show a rare tendency to punish norm-violators who have not harmed them directly-a behavior known as third-party punishment. Research has found that third-party punishment is subject to intergroup bias, whereby people punish members of the out-group more severely than the in-group. Although the prevalence of this behavior is well-documented, the psychological processes underlying it remain largely unexplored. Some work suggests that it stems from people's inherent predisposition to form alliances with in-group members and aggress against out-group members. This implies that people will show reflexive intergroup bias in third-party punishment, favoring in-group over out-group members especially when their capacity for deliberation is impaired. Here we test this hypothesis directly, examining whether intergroup bias in third-party punishment emerges from reflexive, as opposed to deliberative, components of moral cognition. In 3 experiments, utilizing a simulated economic game, we varied participants' group relationship to a transgressor, measured or manipulated the extent to which they relied on reflexive or deliberative judgment, and observed people's punishment decisions. Across group-membership manipulations (American football teams, nationalities, and baseball teams) and 2 assessments of reflexive judgment (response time and cognitive load), reflexive judgment heightened intergroup bias, suggesting that such bias in punishment is inherent to human moral cognition. We discuss the implications of these studies for theories of punishment, cooperation, social behavior, and legal practice. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

The Convention on Supplementary Compensation for Nuclear Damage and participation by developing countries: A South African perspective

International Nuclear Information System (INIS)

Davies, David B.

2014-01-01

This article contends that it is essential that new entrant countries into the nuclear energy industry have comprehensive nuclear legislation; it is less clear, however, whether new entrant countries find it essential to join any of the various international nuclear liability conventions, as some countries have been slow or resistant to the idea. This article will take a closer look at the potential influencing factors driving membership or non-membership in the CSC by a developing country. First, however, is a discussion of the basic principles of international nuclear third party liability, the CSC itself, developing countries' current participation in the various international nuclear liability conventions and the advantages and disadvantages of the CSC. The author's views regarding participation by a developing country in the CSC will also be presented. (author)

Some legal-liability considerations on the Romanian concerns in the nuclear field

International Nuclear Information System (INIS)

Chirica, T.; Sandru, P.; Vatamanu, M.

1995-01-01

The national nuclear legislation is concerned with specific issues related to nuclear safety radiation protection clean-up activities, liability and financial guarantees for nuclear damages; it may be noted that Romania adhered to the nuclear third party liability Vienna Convention and Joint Protocol on December 29, 1992. The Romanian National Nuclear Program, which includes not only the nuclear fuel cycle but also nuclear research facilities and other peaceful applications of radioactivity implies that Romania government is aware for its own facilities, by the settlement of the insurance and pooling system for its own nuclear facilities, as well as for the regional aspects for the liability system for nuclear damage. It must be point out the opportunity and the priority to cooperate with the developed country having in mind the necessity for nuclear insurance coverage of the financial capital invested in Romania's power sector, as well as in the eastern Europe and the former Soviet Union. (Author)

Intergovernmental organisation activities

International Nuclear Information System (INIS)

2017-01-01

This section treats of the following Intergovernmental organisation activities: 1 - European Atomic Energy Community, Non-legally binding instruments: Report on Cyber Security in the Energy Sector; International relations: Memorandum of Understanding on a Strategic Energy Partnership between the European Union together with the European Atomic Energy Community and Ukraine; 2 - International Atomic Energy Agency, Convention on Nuclear Safety (CNS): Seventh Review Meeting of the contracting parties to the CNS; Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention): Third Extraordinary Meeting of the contracting parties to the Joint Convention; Code of Conduct on the Safety of Research Reactors (Code): Fourth International Meeting on Application of the Code; Convention on the Physical Protection of Nuclear Material (CPPNM) and the CPPNM Amendment: Second Technical Meeting of the representatives of states parties to the CPPNM and the CPPNM Amendment; International Conference on Nuclear Security: Commitments and Actions; Nuclear liability: Seventeenth meeting of the International Expert Group on Nuclear Liability (INLEX), Workshops on Civil Liability for Nuclear Damage; Legislative assistance activities; 3 - OECD Nuclear Energy Agency: Strategic Plan for 2017-2022, Argentina and Romania to become members of the Nuclear Energy Agency, Latest updates regarding the Paris Convention, The NEA and China's National Energy Administration sign MOU to strengthen co-operation, Stakeholder support and involvement essential to future of nuclear energy decision making, Nuclear Law Committee meeting, 2017 International Nuclear Law Essentials (INLE) course, Regulatory and institutional framework for nuclear activities, NEA publications of interest

Costly third-party punishment in young children.

Science.gov (United States)

McAuliffe, Katherine; Jordan, Jillian J; Warneken, Felix

2015-01-01

Human adults engage in costly third-party punishment of unfair behavior, but the developmental origins of this behavior are unknown. Here we investigate costly third-party punishment in 5- and 6-year-old children. Participants were asked to accept (enact) or reject (punish) proposed allocations of resources between a pair of absent, anonymous children. In addition, we manipulated whether subjects had to pay a cost to punish proposed allocations. Experiment 1 showed that 6-year-olds (but not 5-year-olds) punished unfair proposals more than fair proposals. However, children punished less when doing so was personally costly. Thus, while sensitive to cost, they were willing to sacrifice resources to intervene against unfairness. Experiment 2 showed that 6-year-olds were less sensitive to unequal allocations when they resulted from selfishness than generosity. These findings show that costly third-party punishment of unfair behavior is present in young children, suggesting that from early in development children show a sophisticated capacity to promote fair behavior. Copyright © 2014 Elsevier B.V. All rights reserved.

ECHR rules on liability of ISPs as a restriction of freedom of speech

NARCIS (Netherlands)

Husovec, Martin

2014-01-01

The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on

Harmonisation of Nuclear Liability Regimes in Europe

International Nuclear Information System (INIS)

Sladonja, B.

2000-01-01

After we have learned about the current discussions concerning the Paris Convention revision exercise and the open matters relating to the liability limits and insurance for nuclear damages, prescription period, definition of nuclear damage etc. and different approaches in some PCC in adopting their legislation as well as about the adoption of the Protocol to Amend the Vienna Convention and Convention on Supplementary Compensation for Nuclear Damage, within the Vienna Convention countries, during the obtained Session 9 of this Conference we will focus our attention on the matters which has been discovered from the moment when the reports has been written till the date of this Conference

Institutional Liability for Student Activities and Organizations.

Science.gov (United States)

Richmond, Douglas R.

1990-01-01

Examines higher education institutional liability in the following areas: (1) in tort, based on negligence, for physical harm to students; (2) in tort, for defamation flowing from student media; and (3) in contract, arising out of student organizations' business relationships with third parties. (222 references) (MLF)

The European Nuclear Energy Tribunal

International Nuclear Information System (INIS)

Marchetti, D.

1977-01-01

The European Nuclear Energy Tribunal was set up within the Organisation for European Economic Co-operation (now the Organisation for Economic Co-operation and Development) on 20th December 1957 under the Convention on Security Control. Seven independent judges are appointed for five years by decision of the Council of the Organisation; if the Tribunal includes no judge of the nationality of a party in a dispute submitted to it, the Government concerned may select an additional judge in that case. The Tribunal is competent in matters of security control, third party liability and activities of one of the Organisation's joint undertakings. At the request of any Government party to the Security Control Convention, to the Eurochemic Convention or to the Paris Convention and Brussels Supplementary Convention it may be convened to resolve any dispute concerning the interpretation or application thereof. While the Tribunal has not yet been called upon to exercise its judgment it is nonetheless an important and necessary instrument for Member States engaged in nuclear activities at international level. (NEA) [fr

Insurance of operators liability: the reality principle

International Nuclear Information System (INIS)

Allegre, J.

2000-01-01

The author's observations commence with -an overview of the principal amendments proposed in relation to the revision of the Paris Convention, in particular the inclusion of preventive measures, the definition of nuclear damage, the notion of reasonableness in respect of preventive measures and measures of reinstatement, increased liability amounts and extended prescription periods. He examines to what extent the insurance industry of today would be able to cover such risks, and the problems or doubts that it may encounter in doing so. This presentation also raises other questions which as yet remain unanswered, in particular the question of priorities and the role that complementary funding, namely the Brussels Supplementary Convention, will play in compensating victims. The author concludes by commenting on the current state of the insurance market. He suggests that before making irreversible political decisions in this field, Contracting Parties should, inter alia, carry out detailed analyses on the adequacy of the financial guarantees, in order to attain existing objectives and eliminate the obstacles which prevent the nuclear insurance market from being a competitive one. The author suggests that it might be in the interests of European nuclear operators to promote an insurance mechanism along the same lines as their American colleagues. (author)

Third-party social evaluations of humans by monkeys and dogs.

Science.gov (United States)

Anderson, James R; Bucher, Benoit; Chijiiwa, Hitomi; Kuroshima, Hika; Takimoto, Ayaka; Fujita, Kazuo

2017-11-01

Developmental psychologists are increasingly interested in young children's evaluations of individuals based on third-party interactions. Studies have shown that infants react negatively to agents who display harmful intentions toward others, and to those who behave unfairly. We describe experimental studies of capuchin monkeys' and pet dogs' differential reactions to people who are helpful or unhelpful in third-party contexts, and monkeys' responses to people who behave unfairly in exchanges of objects with a third party. We also present evidence that capuchin monkeys monitor the context of failures to help and violations of reciprocity, and that intentionality is one factor underlying their social evaluations of individuals whom they see interacting with others. We conclude by proposing some questions for studies of nonhuman species' third party-based social evaluations. Copyright © 2017 Elsevier Ltd. All rights reserved.

Protection of third parties. The protection of third parties affected by building or plant construction permits under the public construction law, the emission control law, or the atomic energy law

International Nuclear Information System (INIS)

Koenig, S.

1993-01-01

Building construction permits just like plant construction permits under the Federal Emission Control Act or the Atomic Energy Act are typical cases representing the administrative order with a dual effect, or an effect on third parties: decisions supporting the interests of the project owner always affect third parties. Third party protection therefore is a major topic of public construction law or the environmental protection law to be applied to industrial installations. Although actions brought by third parties have become something ordinary for the administrative courts, substantive third party protection continues to pose specific problems. The book in hand develops and explains a way out of the dilemma created by third party protection. The solutions presented are founded on a sound dogmatic basis and take into account the Federal Constitutional Court's rulings in matters of civil rights. The starting point adopted by the authors is the third party rights warranting protection, with the objective protection provided for by the law in general gaining effect as subjective rights as far as the protection is based on the civil rights of the constitution. The scope of protection affordable depends on the individual case and the reconciliation of terests of all parties concerned. The problem solutions set forth very extensively rely on the jurisdiction in matters of third party protection and on approaches published in the relevant literature, so that the book also may serve as a guide to current practice and a helpful source of reference for readers looking for information about the issue of third party protection. (orig./HP) [de

77 FR 31073 - Audit Requirements for Third Party Conformity Assessment Bodies

Science.gov (United States)

2012-05-24

... 1112 and 1118 Audit Requirements for Third Party Conformity Assessment Bodies and Requirements... PRODUCT SAFETY COMMISSION 16 CFR Part 1112 [CPSC Docket No. CPSC-2009-0061] Audit Requirements for Third... rule establishing requirements for the periodic audit of third party conformity assessment bodies as a...

Liability and Insurance for Suborbital Flights

Science.gov (United States)

Masson-Zwaan, T.

2012-01-01

This paper analyzes and compares liability and liability insurance in the fields of aviation and spaceflight in order to propose solutions for a liability regime and insurance options for suborbital flights. Suborbital flights can be said to take place in the grey zone between air and space, between air law and space law, as well as between aviation insurance and space insurance. In terms of liability, the paper discusses air law and space law provisions in the fields of second and third party liability for damage to passengers and 'innocent bystanders' respectively, touching upon international treaties, national law and EU law, and on insurance to cover those risks. Although the insurance market is currently not ready to provide tailor-made products for operators of suborbital flights, it is expected to adapt rapidly once such flights will become reality. A hybrid approach will provide the best solution in the medium term.

37 CFR 1.99 - Third-party submission in published application.

Science.gov (United States)

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Third-party submission in published application. 1.99 Section 1.99 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND... Provisions Information Disclosure Statement § 1.99 Third-party submission in published application. (a) A...

Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy

International Nuclear Information System (INIS)

2006-01-01

The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

The need to bring the new global regime of civil nuclear liability to life

International Nuclear Information System (INIS)

McIntosh, St.

2000-01-01

The Chernobyl accident raised consciousness around the world about civil liability issues. People in Australia and elsewhere looked at the existing international nuclear liability regime and concluded that it was inadequate. The amount of compensation available under the regime was too low. The regime did not cover environmental damage. Australia decided to take an active role in the proceedings of the Standing Committee on Nuclear liability. Australia has a favourable judgment on the new Convention on Supplementary Compensation for nuclear damages. It provided for a dedicated fund for transboundary damage, the inclusion of environmental damage, the lion's share of the contributions to the international fund established under the Convention to be borne by nuclear power generating states, jurisdiction over actions concerning nuclear damage from a nuclear accident in a Party's territory or Exclusive Economic Zone to lie with the courts of that Party. It reproaches this Convention for compensable damage to be determined by the law of the competent court, and the necessity of emission of ionizing radiations for the Convention to take effect. (N.C.)

27 CFR 6.42 - Indirect inducement through third party arrangements.

Science.gov (United States)

2010-04-01

... TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY LIQUORS âTIED-HOUSEâ Unlawful Inducements... other thing of value by an industry member to a third party, where the benefits resulting from such... value was furnished to a retailer by the third party without the knowledge or intent of the industry...

Santa Maria de Garona: ten years of experience under commercial operation

International Nuclear Information System (INIS)

Sanchez, J.L.

1981-10-01

The problems encountered during the operation of this Spanish nuclear power plant are in the author's view similar to those in other counters. The great development in nuclear technology has not always been reflected in the applicable legislation. Also, the diversity of provisions on transport, the environment, public health etc. must be closely studied for correct application. The lengthy procedure for obtaining licences is also described as are problems of supply contracts with foreign firms. Finally, nuclear third party liability questions in the context of the Paris Convention and domestic regulations on transport are analysed in details. (NEA) [fr

Civil liability for nuclear damage: selected questions connected with the revision of the Vienna Convention

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

This paper concentrates on certain issues raised by the revision of the Vienna Convention. After a general theoretical review of the risk of and the responsibility for nuclear activities in the existing international civil liability regime, the author analyzes the concept of liability, its extent - whether nuclear liability can be absolute and refers to the possible exonerations - and the channelling of risk and liability in this field. The potential sources of compensation and funds for the operator's liability are also taken into consideration. The author also proposes several solutions taking into account the similar systems already established by other international conventions in force, mainly in the maritime field. 14 refs

Crime on Campus: Institutional Tort Liability for the Criminal Acts of Third Parties.

Science.gov (United States)

Raddatz, Anita

To aid colleges and universities in protecting students and other potential victims of crime, a general analysis of the pertinent case law concerning institutional tort liability for campus crime is provided. The analysis of case law explains that lawsuits are usually based on the theory of negligence. Negligence consists of four elements: duty;…

The Brussels Nuclear Ship Convention and its impact on the German Atomic Energy Act

International Nuclear Information System (INIS)

Bernaerts, A.

1976-01-01

Although the Brussels Nuclear Ship Liability Convention of 1962, whose incorporation into German law was agreed upon by the German Federal Parliament (the Bundestag) in 1975, will have only minor international significance once it has entered into force, it will yet provide a new legal basis for the nuclear liability of the German vessel N.S. 'Otto Hahn' for the periods of her stay within the Federal Republic of Germany. However, there is no smooth concurrence of the Brussels Convention and the German Atomic Energy Act adapted to the Paris Liability Convention in 1975. This means that a number of questions still need to be resolved with respect to the protection of victims and the liability of shipowners. (orig.) [de

The OECD/NEA workshop on the indemnification of nuclear damage in the event of a nuclear accident

International Nuclear Information System (INIS)

Wagstaff, F.

2002-01-01

Since 1993, the OECD Nuclear Energy Agency (OECD/NEA) has run the International Nuclear Emergency Exercise (INEX) Program. The program serves to discuss an effective accident management approach on the basis of a simulated nuclear accident situation together with the states involved and their institutions, and also elaborate measures for its further improvement. At the present time, the INEX Program has reached Phase 3 in which, for the first time, also aspects of liability for the consequences of accidents were included. These aspects were made the subject of a workshop held after an emergency exercise. The scenario covered was based on an INES level-4 accident in the French Gravelines Nuclear Power Station situated close to the French-Belgian border. The workshop dealt with these topics, among others: the application of the Paris Convention on Third Party Liability, the Brussels Supplementary Convention, and the Vienna Convention on Civil Liability for Nuclear Damage as well as the Supplementary Compensation Convention of 1997. It was seen that there was a clear need for further discussion, especially to shed more light on the interrelationship of these treaties. (orig.) [de

The transformation of southern California's residential photovoltaics market through third-party ownership

International Nuclear Information System (INIS)

Drury, Easan; Miller, Mackay; Macal, Charles M.; Graziano, Diane J.; Heimiller, Donna; Ozik, Jonathan; Perry IV, Thomas D.

2012-01-01

Third-party photovoltaics (PV) ownership is a rapidly growing market trend, where commercial companies own and operate customer-sited PV systems and lease PV equipment or sell PV electricity to the building occupant. Third-party PV companies can reduce or eliminate up-front adoption costs, reduce technology risk and complexity by monitoring system performance, and can repackage the PV value proposition by showing cost savings in the first month of ownership rather than payback times on the order of a decade. We find that the entrance of third-party business models in southern California residential PV markets has enticed a new demographic to adopt PV systems that is more highly correlated to younger, less affluent, and less educated populations than the demographics correlated to purchasing PV systems. By enticing new demographics to adopt PV, we find that third-party PV products are likely increasing total PV demand rather than gaining market share entirely at the expense of existing customer owned PV demand. We also find that mean population demographics are good predictors of third-party and customer owned PV adoption, and mean voting trends on California carbon policy (Proposition 23) are poor predictors of PV adoption. - Highlights: ► Third-party PV products increased residential PV demand in southern CA. ► Third-party PV products entice new demographic groups to adopt PV. ► Regional demographics are good predictors of PV demand. ► Regional voting trends on carbon policy are poor predictors of PV demand.

Capuchin Monkeys Judge Third-Party Reciprocity

Science.gov (United States)

Anderson, James R.; Takimoto, Ayaka; Kuroshima, Hika; Fujita, Kazuo

2013-01-01

Increasing interest is being shown in how children develop an understanding of reciprocity in social exchanges and fairness in resource distribution, including social exchanges between third parties. Although there are descriptions of reciprocity on a one-to-one basis in other species, whether nonhumans detect reciprocity and violations of…

N. 2874 Report realized for the foreign Affairs commission on the law project n. 2785 authorizing the approbation of international agreements on the civil liability in the nuclear energy domain

International Nuclear Information System (INIS)

2006-01-01

This report is discussing the approval of two new protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two new protocols. (A.L.B.)

Third-party punishment increases cooperation in children through (misaligned) expectations and conditional cooperation.

Science.gov (United States)

Lergetporer, Philipp; Angerer, Silvia; Glätzle-Rützler, Daniela; Sutter, Matthias

2014-05-13

The human ability to establish cooperation, even in large groups of genetically unrelated strangers, depends upon the enforcement of cooperation norms. Third-party punishment is one important factor to explain high levels of cooperation among humans, although it is still somewhat disputed whether other animal species also use this mechanism for promoting cooperation. We study the effectiveness of third-party punishment to increase children's cooperative behavior in a large-scale cooperation game. Based on an experiment with 1,120 children, aged 7 to 11 y, we find that the threat of third-party punishment more than doubles cooperation rates, despite the fact that children are rarely willing to execute costly punishment. We can show that the higher cooperation levels with third-party punishment are driven by two components. First, cooperation is a rational (expected payoff-maximizing) response to incorrect beliefs about the punishment behavior of third parties. Second, cooperation is a conditionally cooperative reaction to correct beliefs that third party punishment will increase a partner's level of cooperation.

Looking Under the Hood of Third-Party Punishment Reveals Design for Personal Benefit.

Science.gov (United States)

Krasnow, Max M; Delton, Andrew W; Cosmides, Leda; Tooby, John

2016-03-01

Third-party intervention, such as when a crowd stops a mugger, is common. Yet it seems irrational because it has real costs but may provide no personal benefits. In a laboratory analogue, the third-party-punishment game, third parties ("punishers") will often spend real money to anonymously punish bad behavior directed at other people. A common explanation is that third-party punishment exists to maintain a cooperative society. We tested a different explanation: Third-party punishment results from a deterrence psychology for defending personal interests. Because humans evolved in small-scale, face-to-face social worlds, the mind infers that mistreatment of a third party predicts later mistreatment of oneself. We showed that when punishers do not have information about how they personally will be treated, they infer that mistreatment of other people predicts mistreatment of themselves, and these inferences predict punishment. But when information about personal mistreatment is available, it drives punishment. This suggests that humans' punitive psychology evolved to defend personal interests. © The Author(s) 2016.

28 CFR 513.35 - Accounting/nonaccounting of disclosures to third parties.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Accounting/nonaccounting of disclosures... and Procedures § 513.35 Accounting/nonaccounting of disclosures to third parties. Accounting/nonaccounting of disclosures to third parties shall be made in accordance with Department of Justice regulations...

77 FR 31086 - Requirements Pertaining to Third Party Conformity Assessment Bodies

Science.gov (United States)

2012-05-24

... 22030 (April 20, 2011). Third Party Testing for Certain Children's Products; Toys: Requirements for... Bodies to Assess Conformity With the Limits on Phthalates in Children's Toys and Child Care Articles, 76... initiatives, including program development for third party testing of children's products. The commenter...

Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

International Nuclear Information System (INIS)

Hoche, A.

1988-01-01

In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

78 FR 44090 - Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards for Composite...

Science.gov (United States)

2013-07-23

... Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards for Composite Wood Products..., concerning a third-party certification framework for the formaldehyde standards for composite wood products... Environmental protection, Composite wood products, Formaldehyde, Reporting and recordkeeping, Third-party...

Liability according to civil law regarding border-crossing nuclear damage

International Nuclear Information System (INIS)

Baer, Caroline

1987-12-01

The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

Reassessing the nuclear liability regime

International Nuclear Information System (INIS)

Havinh Phuong

1985-01-01

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

Liability for damage resulting from acts of the nuclear and radiological terrorism

International Nuclear Information System (INIS)

Handrlica, J.

2008-01-01

Nuclear terrorism is defined as an attack on a nuclear installation serving peaceful uses (such as a nuclear power plant) or non-peaceful uses. Radiological terrorism, which may be more likely, is defined as an action which doesn't trigger a nuclear reaction but gives rise to the release of radioactivity. The aim of this paper is to analyze the existing legal framework covering such situations. The relevant provisions of the Vienna and Paris Conventions on civil liability for nuclear damage, which represent a legal framework for nuclear liability at the international level, are discussed. The focus is on the identification of the the liable subject, including definition of the scope and nature of its liability. (author)

The insurance business and the nuclear fuel cycle

International Nuclear Information System (INIS)

Multhaup, H.T.

1989-01-01

The legally required financial security is provided by the insurance business by way of liability insurance systems. Insurance coverage is given for the obligation to pay damages in compliance with section 13 Atomic Energy Act, which refers to all objects of legal protection also defined in section 823, sub-sec. (1) BGB. The legal provisions valid in the F.R.G. are very similar to the provisions in most western countries. They comply with the Paris Convention which determines the legal bases of the international third party liability system which have been supplemented by the Brussels Convention. The reactor accident at Chernobyl has induced discussions and changes in the insurance sector. A major conclusion was that liability criteria must have unambiguous definition and delimitation. A compensation system is feasible only on the basis of clear-cut definitions. A first step in this direction has been done by issuing maximum permissible limits for foodstuffs. Another major instrument for coping with a nuclear accident is the distribution scheme defined in section 35 Atomic Energy Act. (orig./HSCH) [de

Vienna convention on civil liability for nuclear damage

International Nuclear Information System (INIS)

1996-01-01

The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23

Vienna convention on civil liability for nuclear damage

Energy Technology Data Exchange (ETDEWEB)

NONE

1996-03-20

The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23.

Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella

International Nuclear Information System (INIS)

McRae, Ben

2015-01-01

There are 431 commercial nuclear power plants around the world. On 14 April 2015, 193 of these power plants were covered by a nuclear liability instrument (118 power plants by the Paris Convention and 75 by the Vienna Convention). With the entry into force of the Convention on Supplementary Compensation for Nuclear Damage (CSC)4 on 15 April 2015, the number of power plants covered by a nuclear liability instrument increased to 340. Thus, the entry into force of the CSC marked a major milestone towards the establishment of a global nuclear liability regime. This article discusses several events that have promoted progress towards a global nuclear liability regime and then addresses several questions that may arise as countries consider actions necessary to achieve such a regime. (author)

DSHEA's third-party literature exemption; mail order sales, direct marketing, and Internet use.

Science.gov (United States)

Raubicheck, C J

1999-01-01

This article examines ways in which marketers of dietary supplements can make use of the "third-party literature" section of the Dietary Supplement Health and Education Act of 1994 (DSHEA). This provision permits persons or entities, other than manufacturers or distributors, to distribute to consumers certain publications in connection with the sale of particular supplements. These publications may include statements about the therapeutic benefits of such products without subjecting the products to regulation by the Food and Drug Administration (FDA) as unapproved new drugs. Specifically, this article addresses the following: Can a dietary supplement manufacturer or distributor send third-party literature about a dietary supplement to a customer in a mail order sales transaction? Can third-party literature be disseminated by mail with dietary supplement catalogues only? Can third-party literature be disseminated by sales representatives engaged in direct marketing of dietary supplements? Can third-party literature appear on the Internet? The answer appears to be affirmative in each of these situations.

National Assembly report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage

International Nuclear Information System (INIS)

2010-01-01

This report first gives an overview of the progressive implementation of measures and international convention to prevent pollution by ships: the Oilpol convention (Convention for the Prevention of Pollution of the Sea by Oil), the Marpol convention (Marine Pollution), and the different international conventions on liability and compensation (International Convention on Civil Liability for Oil Pollution, International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, convention on other damages). It also describes the French system to struggle against marine pollution. Then, it presents the main arrangements of the 2001 Convention (liability, mandatory insurance and certificate, and so on), expresses some reserves on the chosen arrangement, and comments the impact of this convention

Nuclear Liability Act of 8 March 1968 (No. 45) as amended by an Act of 10 May 1974 (No. 249) and by an Act of 22 December 1982 (No. 1275)

International Nuclear Information System (INIS)

1983-11-01

The amendments to this Act fall into two categories. The first category of amendments enabled Sweden to ratify two 1982 Protocols amending the Paris Convention and the Brussels Supplementary Convention respectively. The other amendments raise the nuclear operator's liability from 50 million to 500 million Swedish crowns per incident and introduce a State liability over and above compensation available under the Brussels Convention, thus raising the aggregate amount of compensation to 3,000 million Swedish crowns. (NEA) [fr

78 FR 23545 - Proposed Extension of Approval of Information Collection; Comment Request: Third Party Conformity...

Science.gov (United States)

2013-04-19

... Information Collection; Comment Request: Third Party Conformity Assessment Body Registration Form AGENCY... evaluate whether third party conformity assessment bodies meet the requirements to test for compliance to specified children's product safety rules. Third party conformity assessment bodies found to meet the...

Environmental liability and life-cycle management of used lubricating oils.

Science.gov (United States)

Guerin, Turlough F

2008-12-30

Used oil handling, as a business, requires an extensive understanding by management that environmental liabilities exist through its supply chain. Findings from a review of the legal requirements of operating a used oil handling business were: understanding the transfer of ownership of used petroleum hydrocarbons is critical to any such business and how this is documented; used oil handlers are responsible for providing training to their staff, including site personnel and any third party waste contractors, and for communicating best practice procedures relating to the management of used petroleum hydrocarbons to all those individuals and organisations involved in business relationships that the used oil handling companies have; used oil handlers should audit the performance of any third party contractors that it engages to conduct work on behalf of its customers. Hypothetical situations of a company planning to enter the used oil handling market are described in relation to petroleum hydrocarbon wastes it handles to illustrate the range of potential liabilities. Companies proposing to establish a used oil handling business should ensure that they provide accurate advice to its employees, its customer's employees and to its third party contractors, all of which may be responsible for handling used petroleum hydrocarbons as part of the service it intends to provide, and that it has a well documented system addressing how environmental issues are managed.

Not 'Just the two of us' : Third party externalities of social dilemmas

NARCIS (Netherlands)

van der Iest, Hanne; Dijkstra, J.; Stokman, F.N.

Many real-life social dilemmas contain third parties who cannot make decisions in the dilemma, but are affected by its outcome (receive externalities) nonetheless. Dilemmas with identical payoffs for decision-making actors may greatly vary in their externalities for third parties. If actors value

27 CFR 8.23 - Third party arrangements.

Science.gov (United States)

2010-04-01

..., DEPARTMENT OF THE TREASURY LIQUORS EXCLUSIVE OUTLETS Prohibited Practices § 8.23 Third party arrangements. Industry member requirements, by agreement or otherwise, with non-retailers which result in a retailer being required to purchase the industry member's products are within the exclusive outlet provisions...

Does dishonesty really invite third-party punishment? Results of a more stringent test.

Science.gov (United States)

Konishi, Naoki; Ohtsubo, Yohsuke

2015-05-01

Many experiments have demonstrated that people are willing to incur cost to punish norm violators even when they are not directly harmed by the violation. Such altruistic third-party punishment is often considered an evolutionary underpinning of large-scale human cooperation. However, some scholars argue that previously demonstrated altruistic third-party punishment against fairness-norm violations may be an experimental artefact. For example, envy-driven retaliatory behaviour (i.e. spite) towards better-off unfair game players may be misidentified as altruistic punishment. Indeed, a recent experiment demonstrated that participants ceased to inflict third-party punishment against an unfair player once a series of key methodological problems were systematically controlled for. Noticing that a previous finding regarding apparently altruistic third-party punishment against honesty-norm violations may have been subject to methodological issues, we used a different and what we consider to be a more sound design to evaluate these findings. Third-party punishment against dishonest players withstood this more stringent test. © 2015 The Author(s) Published by the Royal Society. All rights reserved.

Analysis of third-party certification approaches using an occupational health and safety conformity-assessment model.

Science.gov (United States)

Redinger, C F; Levine, S P

1998-11-01

The occupational health and safety conformity-assessment model presented in this article was developed (1) to analyze 22 public and private programs to determine the extent to which these programs use third parties in conformity-assessment determinations, and (2) to establish a framework to guide future policy developments related to the use of third parties in occupational health and safety conformity-assessment activities. The units of analysis for this study included select Occupational Safety and Health Administration programs and standards, International Organization for Standardization-based standards and guidelines, and standards and guidelines developed by nongovernmental bodies. The model is based on a 15-cell matrix that categorizes first-, second-, and third-party activities in terms of assessment, accreditation, and accreditation-recognition activities. The third-party component of the model has three categories: industrial hygiene/safety testing and sampling; product, equipment, and laboratory certification; and, occupational health and safety management system registration/certification. Using the model, 16 of the 22 programs were found to have a third-party component in their conformity-assessment structure. The analysis revealed that (1) the model provides a useful means to describe and analyze various third-party approaches, (2) the model needs modification to capture aspects of traditional governmental conformity-assessment/enforcement activities, and (3) several existing third-party conformity-assessment systems offer robust models that can guide future third-party policy formulation and implementation activities.

Protocol to amend the Vienna convention on civil liability for nuclear damage

International Nuclear Information System (INIS)

1998-01-01

The document reproduces the text of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage which was adopted by a Diplomatic Conference, 8-12 September 1997, and the consolidated text of the 1963 Vienna Convention as amended by the Protocol

Protocol to amend the Vienna convention on civil liability for nuclear damage

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-07-22

The document reproduces the text of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage which was adopted by a Diplomatic Conference, 8-12 September 1997, and the consolidated text of the 1963 Vienna Convention as amended by the Protocol

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

International Nuclear Information System (INIS)

Leech, Jonathan

2014-01-01

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

The Paris Agreement to Ignore Reality

OpenAIRE

Spash, Clive L.

2016-01-01

At the 21st session of the Conference of the Parties to the United Nations Framework Convention on Climate Change held in Paris, France, 30 November to 11 December 2015, an Agreement was reached by the international community including 195 countries. The Agreement has been hailed, by participants and the media, as a major turning point for policy in the struggle to address human induced climate change. The following is a short critical commentary in which I briefly explain why ...

Outcomes and intentions in children's, adolescents', and adults' second- and third-party punishment behavior.

Science.gov (United States)

Gummerum, Michaela; Chu, Maria T

2014-10-01

Theories of morality maintain that punishment supports the emergence and maintenance of moral behavior. This study investigated developmental differences in the role of outcomes and the violator's intentions in second-party punishment (where punishers are victims of a violation) and third-party punishment (where punishers are unaffected observers of a violation). Four hundred and forty-three adults and 8-, 12-, and 15-year-olds made choices in mini-ultimatum games and newly-developed mini-third-party punishment games, which involved actual incentives rather than hypothetical decisions. Adults integrated outcomes and intentions in their second- and third-party punishment, whereas 8-year-olds consistently based their punishment on the outcome of the violation. Adolescents integrated outcomes and intentions in second- but not third-party punishment. Copyright © 2014 Elsevier B.V. All rights reserved.

Draft Federal Act of the Russian Federation 'The Civil Liability for Nuclear Damage and its Financial Security'

International Nuclear Information System (INIS)

Lebedeva, Yulia

2014-01-01

norms of international nuclear law, in particular the relevant provisions of the Vienna Convention, the Brussels Convention on the Liability of Operators of Nuclear Ships of 1962 and the Brussels Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Materials of 1971. In addition, international experience has been analysed, both in the field of civil law and the special legislation on nuclear insurance and for compensation for nuclear damage, in particular: the US Price-Anderson Act (part of the US Atomic Energy Act of 1954), the Swiss Act on Nuclear Third Party Liability of 18 March 1983, the Japanese Law on Compensation for Nuclear Damage (No. 147, 17 June 1961, as amended) and the Canadian Nuclear Liability Act of 1970. The bill establishes the basic principles of civil liability for the operator of a nuclear installation to third parties for nuclear damage, defines a mechanism for its financing and describes special court proceedings for claims for compensation for nuclear damage. It also aims to provide financial guarantees for the protection of the rights and legitimate interests of natural persons and legal entities, as well as the environmental effects of radiation exposure. The elaboration and adoption of such an act in Russia was necessary for a number of reasons, namely: the inability to provide compensation for such damages from the federal budget, the limitation of an operator's own funds to provide for the full recovery of possible harm and the condition of the domestic insurance market, wherein private insurers cannot provide funds in the absence of legislation in this sphere. Although the Civil Code of the Russian Federation provides general rules relating to insurance, it does not contain provisions regarding nuclear damage or nuclear security. Further, while the Federal Act 'Use of Nuclear Energy' contains provisions about nuclear damage, it does not contain any special rules for compensation for nuclear damage or nuclear

Civil liability versus state liability in case of a nuclear incident - some thoughts inspired by the Vienna Convention revision exercise

International Nuclear Information System (INIS)

Reyners, P.

1992-01-01

The juridical reconstruction involved in the current work in the International Atomic Energy Agency (IAEA) for revision of the Vienna Convention on Civil Liability for Nuclear Damage is not simply a matter of re-surfacing the edifice of private law liability. It has also led certain architects to draw up plans for the foundations of a regime of State responsibility in this field, based on the strict liability of States to compensate for transfrontier damage. Following the post-Chernobyl stocktaking by the author and Otto von Busckist for the Tokyo Congress in 1989, this report sets out to analyse the question of the implementation of States' liability in the case of a nuclear accident, from the viewpoints of positive law, the work of the International Law Commission and specific aspects linked to the nuclear risk. It also examines the proposals in this regard deposited with the IAEA Standing Committee on Liability for Nuclear Damage. (author)

Third national inventory of nuclear liabilities - main findings, lessons learned

International Nuclear Information System (INIS)

Cantarella, Jacques; Roger, Brigitte

2013-01-01

The safe management of a country's radioactive substances in both the short and the long term implies a cost to its present society and necessitates financial resources to cover these costs. Once they are needed, these financial resources may prove to be insufficient or even completely lacking, leading to a nuclear liability. By virtue of article 9 of the Belgian law of 12 December 1997, the Belgian Government wishes to avoid the occurrence of such nuclear liabilities. This law charges ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials with the mission to draw up a register of the localisation and the state of all nuclear sites and all sites containing radioactive substances, to estimate the costs of their decommissioning and remediation, to evaluate the existence and adequacy of the provisions for financing these future or current operations and to update the resulting inventory of nuclear liabilities on a five-yearly basis. This paper outlines the methodology put in place by ONDRAF/NIRAS to accomplish this assignment and highlights some of the results of this third inventory. It then focuses on the main recommendations ONDRAF/NIRAS made to the Belgian Government on the field of avoiding potential nuclear liabilities. (authors)

Nuclear risk and optimal civil liability of the operator

International Nuclear Information System (INIS)

Schmitt, Andre; Spaeter, Sandrine

2007-01-01

The civil liability of nuclear operators are regulated by two sets of international Conventions. In particular, strict liability, limited financial responsibility and the obligation of providing financial guaranties are imposed to the nuclear operator by the Paris Convention and the Vienna Convention. Then national legislations are free to increase the financial cap of responsibility fixed by the international regimes. First we present the main elements of these Conventions. Then we focus on the impact of a modification in the amount of responsibility of the nuclear operator on his risk mitigation policy and on his financial condition. In particular we show that an increase of the cap beyond a given level determined by the model gives the operator some incentives to lessen the investment in prevention, contrary to what is expected. Besides, the impact of the preventive activities done by the firm on its financial constraint depends on the sensitivity of the risk distribution to the variation of the prevention level: The risk mitigation activities must be discussed with respect to the severity of the incidents and/or to the size of the nuclear park

Marmoset monkeys evaluate third-party reciprocity.

Science.gov (United States)

Kawai, Nobuyuki; Yasue, Miyuki; Banno, Taku; Ichinohe, Noritaka

2014-05-01

Many non-human primates have been observed to reciprocate and to understand reciprocity in one-to-one social exchanges. A recent study demonstrated that capuchin monkeys are sensitive to both third-party reciprocity and violation of reciprocity; however, whether this sensitivity is a function of general intelligence, evidenced by their larger brain size relative to other primates, remains unclear. We hypothesized that highly pro-social primates, even with a relatively smaller brain, would be sensitive to others' reciprocity. Here, we show that common marmosets discriminated between human actors who reciprocated in social exchanges with others and those who did not. Monkeys accepted rewards less frequently from non-reciprocators than they did from reciprocators when the non-reciprocators had retained all food items, but they accepted rewards from both actors equally when they had observed reciprocal exchange between the actors. These results suggest that mechanisms to detect unfair reciprocity in third-party social exchanges do not require domain-general higher cognitive ability based on proportionally larger brains, but rather emerge from the cooperative and pro-social tendencies of species, and thereby suggest this ability evolved in multiple primate lineages. © 2014 The Author(s) Published by the Royal Society. All rights reserved.

Maritime zones and the new provisions on jurisdiction in the 1997 Vienna protocol and in the 1997 convention on supplementary compensation

International Nuclear Information System (INIS)

Gioia, A.

2000-01-01

This article studies the different conventions on nuclear liability, the Vienna Convention, the Paris Convention, and the new arrangements contained in the amendment Protocol of 1997. This last part comes from the evolution of the international Law of the sea, and the Convention of 1982 on the law of the Sea is exposed. (N.C.)

Minamata Convention on Mercury. Reporting obligations of the Parties to the Convention and the sources of data existing in Poland

Directory of Open Access Journals (Sweden)

Strzelecka-Jastrząb Ewa

2018-01-01

Full Text Available After that, when more than 60 years ago in the Japanese city of Minamata there was caused a mass poisoning of residents by seafood contaminated with mercury, Minamata Convention on Mercury came into force on August 16, 2017. To date, the Convention has been signed by 128 States, the signatories of the Convention and ratified by 83 States - Parties to the Convention. The Convention imposes a number of obligations on the Parties to the Convention, including the reporting obligation. The paper analyses the reporting obligations of the Parties to the Convention, which are in force after the entry into force of the Convention, pursuant to the provisions contained therein. In addition, the existing sources of quantitative data on mercury in Poland are characterized.

Carrier’s liability under the international conventions for the carriage of goods by sea

Directory of Open Access Journals (Sweden)

Anežka GROBARČÍKOVÁ

2014-09-01

Full Text Available As is well known, there is no international convention for the carriage of goods in general. Each mode of transport counts on one or several international conventions that specifically regulate the provision of international transport by sea, rail, road or air. Thus, multimodal freight transport are characterised by a patchwork of different legal regimes that represents a huge challenge for the growth of multimodal transport industry. The paper aims to analyse the latest, but still not in force Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam rules that should provide global solution for multimodal carrier liability. Comparison of the carrier’s liability in the former conventions relating to the international carriage of goods by sea and other rules are also discussed.

Liability of suppliers to nuclear power plants in Western Europe

International Nuclear Information System (INIS)

Kuhn, W.

1988-01-01

The Paris Convention provides that liability for a nuclear incident is channelled onto the operator of the nuclear installation concerned. However, the author analyses in which cases and by what mechanisms, the operator can have a right of recourse against a supplier of that installation. He illustrates, by several scenarios of nuclear incident with transfrontier effects how a supplier may be held liable, and describes the relevant rules of law applicable, based on private international law and tort law principles (NEA) [fr

The Nuclear Installations (Excepted Matter) Regulations 1978 (Statutory Instrument No. 1779, 4 December 1978)

International Nuclear Information System (INIS)

1979-01-01

These Regulations prescribe, for the purposes of the definition of 'excepted matter' in the Nuclear Installations Act 1965, certain specified quantities and forms of nuclear matter, and supersede the Nuclear Installations (excepted Matter) Regulations 1965. They bring the definition of excepted matter in those Regulations into line with the decisions of 27 October 1977 of the OECD Nuclear Energy Agency's Steering Committee excluding certain kinds and quantities of nuclear substances from the scope of the Paris Convention on Third Party Liability in the Field of Nuclear Energy. Compared with the 1965 Regulations, the principal changes in relation to consignments are that activity limits and packing requirements now take account of the most recent IAEA Regulations. (NEA) [fr

The nuclear safety convention. Results for Argentine as contracting party

International Nuclear Information System (INIS)

Caruso, Gustavo

2002-01-01

A powerful mechanism for increasing safety worldwide is through the development and adoption of legally binding Safety Conventions. Since 1986 four Conventions were ratified in the areas of Nuclear, Radiation and Waste Safety. The Nuclear Safety Convention establishes an international co-operation mechanism to maintain safety nuclear installations, focused on: to achieve and maintain a high level of nuclear safety worldwide through the enhancement of national measures and international co-operation including, where appropriate, safety-related technical co-operation; to establish and maintain effective defences in nuclear installations against potential radiological hazards in order to protect individuals, society and the environment from harmful effects of ionizing radiation from such installations and to prevent accidents with radiological consequences and to mitigate such consequences should they occur. Each contracting party shall take, within the framework of its national law, the legislative, regulatory and administrative measures and other steps necessary for implementing its obligations under this Convention. Moreover, each contracting parties shall submit for review prior to each review meeting, a National Report on the measures it has taken to implement each of the obligations of the Convention. The contracting parties concluded that the review process had proven to be of great value to their national nuclear safety programmes. (author)

78 FR 34795 - Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards for Composite...

Science.gov (United States)

2013-06-10

... Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards for Composite Wood Products... Certification Framework for the Formaldehyde Standards for Composite Wood Products AGENCY: Environmental... certification, auditing and reporting of third-party certifiers, recordkeeping, enforcement, laminated products...

The myriad challenges of the Paris Agreement

Science.gov (United States)

Mitchell, Dann; Allen, Myles R.; Hall, Jim W.; Muller, Benito; Rajamani, Lavanya; Le Quéré, Corinne

2018-05-01

The much awaited and intensely negotiated Paris Agreement was adopted on 12 December 2015 by the Parties to the United Nations Framework Convention on Climate Change. The agreement set out a more ambitious long-term temperature goal than many had anticipated, implying more stringent emissions reductions that have been under-explored by the research community. By its very nature a multidisciplinary challenge, filling the knowledge gap requires not only climate scientists, but the whole Earth system science community, as well as economists, engineers, lawyers, philosophers, politicians, emergency planners and others to step up. To kick start cross-disciplinary discussions, the University of Oxford's Environmental Change Institute focused its 25th anniversary conference upon meeting the challenges of the Paris Agreement for science and society. This theme issue consists of review papers, opinion pieces and original research from some of the presentations within that meeting, covering a wide range of issues underpinning the Paris Agreement. This article is part of the theme issue `The Paris Agreement: understanding the physical and social challenges for a warming world of 1.5°C above pre-industrial levels'.

Third Party Referrals in the Venture Capital Financing Process: Do Network Ties Matter?

NARCIS (Netherlands)

Heuven, J.M.J.

2008-01-01

In this paper we focus on the role of third party referrals in the venture capital funding process. Taking network theory as our theoretical perspective we explore if and how third parties play a role in the funding process. Hereby we focus on both the network ties between new venture teams and

Nuclear fuel - is it the unknown thing

International Nuclear Information System (INIS)

Feldmann, U.

1986-01-01

Attempts to define the term ''nuclear fuel'' will meet with manifold difficulties in practice, due to the existence of many related terms in national law, and of identically worded, but not necessarily synonymous, terms in international or supranational law. In the provisions concerning the third party liability of owners of nuclear installations, the national law of the FRG uses the term as defined by the Paris Convention. In the context of financial security for nuclear installations, the term is used within the meaning of section 2, sub-sec.(1), no. 1 of the Atomic Energy Act. A comparison of the national German law and the provisions of the Paris Convention concerning the characterization of uranium as a nuclear fuel shows that the differences in definition between PC and Atomic Energy Act are not as significant as they seem to be when reading the different texts of the provision. So it is not absolutely necessary to adopt the special definition for enriched uranium given by the Steering Committee of ENEA in order to reach agreement on the interpretation of the term. (orig.) [de

The protocol amending the 1963 Vienna Convention

International Nuclear Information System (INIS)

Lamm, V.

2006-01-01

Technically the Vienna Convention was revised by the adoption of the protocol to amend the instrument. and according to Article 19 of the protocol 'A State which is Party to this Protocol but not to the 1963 Vienna Convention shall be bound by the provisions of that Convention as amended by this Protocol in relation to other States Parties hereto, and failing an expression of a different intention by that State at the time of deposit of an instrument referred to in Article 20 shall be bound by the provisions of the 1963 Vienna Convention in relation to States which are only Parties thereto'. This solution has created a special situation, because after the entry into force of the protocol there will be living together or operating in practice 'two' Vienna Conventions, notably the convention's original text of 1963 and its new version as amended by the protocol. After the protocol has come into force, a state may only accede to the amended version, but in the inter se relations of the States Party to the 'old' Vienna Convention the provisions of that convention will remain in force until such time as they have acceded to the new protocol. This rather complicated situation is nevertheless understandable and is fully in accord with Article 40 of the 1969 Vienna Convention on the Law of Treaties, which provides for the amendment of multilateral treaties. In 1989 the negotiations on the revision of the Vienna Convention had begun with the aim of strengthening the existing nuclear liability regime and of improving the situation of potential victims of nuclear accidents. The Protocol to Amend the Vienna Convention serves those purposes; it also reflects a good compromise, since it is the outcome of a negotiation process in which experts from both nuclear and non-nuclear states, from Contacting Parties and non-Contracting Parties were very active. That affords some assurance that the compromise solution reached is acceptable to all States participating in the adoption of

78 FR 51696 - Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards for Composite...

Science.gov (United States)

2013-08-21

... Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards for Composite Wood Products..., concerning a third-party certification framework for the formaldehyde standards for composite wood products... INFORMATION CONTACT. List of Subjects in 40 CFR Part 770 Environmental protection, Composite wood products...

78 FR 45781 - Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to...

Science.gov (United States)

2013-07-29

... Drug Administration 21 CFR Part 1 and 16 Accreditation of Third-Party Auditors/Certification Bodies to... Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to Issue... Administration (FDA) is amending its regulations to provide for accreditation of third-party auditors...

Environmental liability for receivers, trustees and others in the petroleum industry

International Nuclear Information System (INIS)

Pawluck, B.K.

1999-01-01

A practical review is made of issues that a secured creditor, receiver, trustee, or other third party may encounter, and it is not intended to give a legal opinion or interpretation of the law. The scope of the treatment is the environmental liability under the appropriate Federal and Alberta legislation. No other issue in recent years has occasioned such concern amongst receivers, trustees, and other third parties and their appointed representatives than the risk of being held liable for environmental damage. Given the risk of being personally liable, these people are reluctant to take possession of potentially hazardous assets and, in some instances, have chosen to walk away. Strategies are addressed that interested parties may utilize, and a review is included of the relevant legislation and case law which relates directly to trustees and others with respect to environmental liability. It is evident that while the Bankruptcy and Insolvency Act is untested as yet, it provides that notwithstanding a ny federal and provincial law, a trustee is not personally liable for any environmental condition that arose before the trustee's appointment or after the trustee's appointment, unless the damage occurred as a result of gross negligence or willful misconduct. Claims for environmental damage have a superior priority. Hence the risk for all interested parties may be substantial, and accordingly, due diligence should be exercised when thinking of dealing with sensitive environmental issues. 5 refs

Competitive and Cooperative Degree in Supply Chain: Supplier Selection between Competitors and Third-Party Suppliers

OpenAIRE

Xie, Bo; Wang, Xianjia; Zhou, Chuan

2014-01-01

Part 5: Modelling and Simulation; International audience; This work explores the firm’s supplier selection question that the competitor firm and the third-party supplier can supply the substitutable component. We consider a supply chain with two competing original equipment manufacturers (OEMs) and two third-party suppliers. The two OEMs produce the competing products which are comprised by two main components. Each OEM only can produce one component in-house and each third-party supplier onl...

[The advantages of a third party in the “work organization” of head nurses.

Science.gov (United States)

Dujardin, Pierre-Philippe; Valette, Annick; Reverdy, Thomas; François, Patrice

The organisation of production of care is a task that requires three different levels of competence: operational, structural and learning skills. The organisational requirements (OR) of the Head Nurse (HN) are often centered on the operational level, to the detriment of the other two levels. This difficulty is due to the organisation which presents limited political, cognitive and pragmatic levels of rationality.The aim of this study was to identify the impact of a third party in relation to the organisation and its effect on the HN's OR. An educational device places HN students in the position of a third party to allow them to work on an organisational problem delegated by a HN. The research-intervention followed 17 projects over a period of one year.Intervention by a third party legitimised the problem by recognizing the difficulties in nursing and reconfiguring relations between healthcare professionals in a political dimension. The methods employed by the third party reassured the HN and completed their knowledge, placing particular focus on the importance of methodology and managerial posture. In practice, the third party supported the HN's power to act and coordinate the various members of the team. The third party contributes to the development of the HN's OR and completes certain limits of the HN's rationality. Nevertheless, difficulties still remain in the development of practices outside the medical team, limiting the extension to other services.A unit managerial support, a collective schedule and open spaces of discussion are recommended to bring structure and support to the OR.

78 FR 69603 - Accreditation of Third-Party Auditors/Certification Bodies To Conduct Food Safety Audits and To...

Science.gov (United States)

2013-11-20

... No. FDA-2011-N-0146] RIN 0910-AG66 Accreditation of Third-Party Auditors/Certification Bodies To... entitled ``Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to... proposed rule entitled ``Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety...

Protocol to amend the Vienna convention on civil liability for nuclear damage. Convention on supplementary compensation for nuclear damage. Final act

International Nuclear Information System (INIS)

1998-01-01

The document reproduces the Final Act of the Diplomatic Conference held in Vienna between 8-12 September 1997 which adopted the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage

Protocol to amend the Vienna convention on civil liability for nuclear damage. Convention on supplementary compensation for nuclear damage. Final act

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-07-23

The document reproduces the Final Act of the Diplomatic Conference held in Vienna between 8-12 September 1997 which adopted the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage

Development of international law concerning nuclear liability

International Nuclear Information System (INIS)

Ifflaender, G.; Kantner, G.

1979-01-01

A short overview is given of the most important international conventions relating to civil liability for damage to, or loss of, life of persons or property, caused by nuclear incidents during the operation of stationary and non-stationary nuclear installations or transport of nuclear material. In accord with the international provisions, in the German Democratic Republic too, nuclear operators are exclusively liable for such damage unless it has been caused intentionally by the injury party. (author)

Online trust building through third party trust transfer and third party protection

Science.gov (United States)

Wandoko, Wanda; Saleh Abbas, Bahtiar; Budiastuti, Dyah; Kosala, Raymond

2017-03-01

The primary objective of this research is to develop an online trust building mechanism for SME (Small Medium Enterprise). Trust is very important in e-commerce. The nature of online shopping has a greater uncertainty than offline shopping. Seeing as there is an uncertainty that can produce risks, a prospective buyer’s trust is needed. A lot of people’s unwillingness to shop online is caused by their lack of trust toward e-commerce. E-commerce is said to be one of the ways for SME to compete with bigger companies. However, building trust requires immense time and cost. SME with limited resources may experience difficulties in building trust just with their own resources. Base on literature research that needs to be validated in next research, we found that trust can be built through trust transfer from the reputable and well-known trust-mark issuer, and third party protection such as escrow account service and credit card issuer.

Using Third-Party Inspectors in Building Energy Codes Enforcement in India

Energy Technology Data Exchange (ETDEWEB)

Yu, Sha; Evans, Meredydd; Kumar, Pradeep; Van Wie, Laura; Bhatt, Vatsal

2013-01-31

India is experiencing fast income growth and urbanization, and this leads to unprecedented increases in demand for building energy services and resulting energy consumption. In response to rapid growth in building energy use, the Government of India issued the Energy Conservation Building Code (ECBC) in 2007, which is consistent with and based on the 2001 Energy Conservation Act. ECBC implementation has been voluntary since its enactment and a few states have started to make progress towards mandatory implementation. Rajasthan is the first state in India to adopt ECBC as a mandatory code. The State adopted ECBC with minor additions on March 28, 2011 through a stakeholder process; it became mandatory in Rajasthan on September 28, 2011. Tamil Nadu, Gujarat, and Andhra Pradesh have started to draft an implementation roadmap and build capacity for its implementation. The Bureau of Energy Efficiency (BEE) plans to encourage more states to adopt ECBC in the near future, including Haryana, Uttar Pradesh, Karnataka, Maharashtra, West Bengal, and Delhi. Since its inception, India has applied the code on a voluntary basis, but the Government of India is developing a strategy to mandate compliance. Implementing ECBC requires coordination between the Ministry of Power and the Ministry of Urban Development at the national level as well as interdepartmental coordination at the state level. One challenge is that the Urban Local Bodies (ULBs), the enforcement entities of building by-laws, lack capacity to implement ECBC effectively. For example, ULBs in some states might find the building permitting procedures to be too complex; in other cases, lack of awareness and technical knowledge on ECBC slows down the amendment of local building by-laws as well as ECBC implementation. The intent of this white paper is to share with Indian decision-makers code enforcement approaches: through code officials, third-party inspectors, or a hybrid approach. Given the limited capacity and human

Imitative Learning from a Third-Party Interaction: Relations with Self-Recognition and Perspective Taking

Science.gov (United States)

Herold, Katherine H.; Akhtar, Nameera

2008-01-01

Young children's ability to learn something new from a third-party interaction may be related to the ability to imagine themselves in the third-party interaction. This imaginative ability presupposes an understanding of self-other equivalence, which is manifested in an objective understanding of the self and an understanding of others' subjective…

Specific defences to the liability of a nuclear operator for damages resulting from a nuclear incident

International Nuclear Information System (INIS)

Schwartz, J.A.; Cunningham, G.H.

1988-01-01

This paper reviews the cases in which the nuclear operator may be partly or totally exonerated from his liability for a nuclear accident (insurrection, civil war, exceptional natural disasters, intentional act of the victim, etc.) under the Paris and Vienna Conventions and national laws. The laws of the countries reviewed are the following: United States, Japan, Canada, United Kingdom, Brazil, Belgium, the Federal Republic of Germany, France (NEA) [fr

Second review meeting of the Contracting Parties to the Convention on Nuclear Safety

International Nuclear Information System (INIS)

Rafferty, Barbara

2002-01-01

The Second Review Meeting of the Contracting Parties to the Convention on Nuclear Safety was held in the Headquarters of the International Atomic Energy Agency in Vienna from 15-26 April 2002, under the chairmanship of the President, Mr Miroslav Gregoric, Director of the Slovenian Nuclear Safety Authority. The Convention on Nuclear Safety entered into force in October 1996, has been signed by sixty-five States and ratified by fifty-four, bringing within its scope 428 of the 448 nuclear reactors worldwide. The Convention aims to achieve and maintain a high level of nuclear safety worldwide, through inter alia enhancement of national measures and international co-operation. Obligations on Contracting Parties in accordance with the Convention include: the establishment and maintenance of a legislative and regulatory framework to govern the safety of land-based civil nuclear installations; the allocation of adequate financial and human resources to support the safety objectives; ensuring that all reasonably practicable improvements to safety are made as a matter of urgency. Adherence to this Convention entails two basic commitments by each Contracting Party: to prepare and make available a national report for review; and to subject its national report to a peer review by the other Contracting Parties. Thus, being a Contracting Party to this Convention involves: including in the national report a self-assessment of steps and measures already taken and in progress to implement the Convention obligations; taking an active part in an open and transparent review of its national report and the Reports of other Contracting Parties; and a commitment to a continuous learning and improving process, something which is a key element of a strong safety culture. The peer review of national reports takes place every three years, the first having been held in 1999. The Second Review Meeting was attended by delegates from 46 contracting parties. During the review certain issues were

Fifth review meeting of the contracting parties of the joint convention

International Nuclear Information System (INIS)

Brennecke, Peter

2015-01-01

The 5 th Review Meeting of the ''Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management'' was held at International Atomic Energy Agency (IAEA) Headquarters in Vienna on 11 to 22 May 2015. Sixty-one of sixty-nine Contracting Parties with more than 700 delegates and the OECD/NEA as an observer attended the meeting. Within this regularly scheduled meeting every three years it is checked in which way the contracting parties meet the objectives of the Joint Convention, i.e., the respective national radioactive waste management policy and its implementation is critically reviewed, the respective reached safety level discussed and - where necessary - improvements suggested. As a result the Contracting Parties in particular concur that the 5 th Review Meeting encouraged constructive exchanges and sharing of knowledge. Some highlights of good progress and significant accomplishments since the 4 th Review Meeting include, e.g., the implementation of national policies, strategies and programs for spent fuel and radioactive waste management or the construction and commissioning of storage facilities and repositories for spent fuel and radioactive waste. The 6 th Review Meeting of the Contracting Parties to the Joint Convention will be held at IAEA Headquarters in Vienna on 21 May to 1 June 2018.

The Third Party Logistics Partner Selection of B2C E-Commerce Enterprise

Directory of Open Access Journals (Sweden)

Xu Wei

2017-01-01

Full Text Available In recent years, with the rapid development of Internet, e-commerce enterprises in China is at an alarming rate of sustainable development, the B2C e-commerce in the online shopping market accounted for a large proportion, with the rapid change of the market and customer needs to establish a flexible distribution service is one of the many e-commerce companies need to solve. Using self logistics capital occupancy bigger; the logistics alliance, with the risk of internal information disclosure; and on the third party logistics, not only capital and manpower can be effectively used, helps enterprises to strengthen the core business. Therefore, it is very important to choose the appropriate third party logistics providers to reduce operating costs and improve the market influence. This paper analyses the existing problems in the third party logistics, the establishment of a more complete index system, according to the actual situation of the suppliers, using the improved AHP method and the entropy coefficient method to get the comprehensive weight, finally get the approximation method to meet the business requirements of the logistics service providers use the ideal, for commercial enterprises to third party logistics service provider selection and puts forward some available models.

Liability and damages in Japanese nuclear law

International Nuclear Information System (INIS)

Hoshino, E.

1981-01-01

The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP) [de

Amendment of liability and financial security under atomic energy law. Position of the insurers

International Nuclear Information System (INIS)

Boetius, J.

1991-01-01

Since Chernobyl in 1986, there have also been intensive activities in the insurance business in reviewing the legal framework conditions in terms of there consequences for a possible settlement of claims and in dealing with the question whether the old organizational rulings can still be considered sufficient in the light of the aforementioned disaster that has occured. This leads to the deliberations on a legal canalization of liability, on third party liability, financial security, indemnification by the state, damages through precautionary measures (evacuation) and organisation of the settlement of claims. (orig./HSCH) [de

THIRD PARTY SANCTIONS IN GAMES WITH COMMUNICATION

OpenAIRE

Obłój Jan; Abramczuk Katarzyna

2017-01-01

This paper discusses the relation between communication and preservation of social norms guarded by third-party sanctions. In 2001 Jonathan Bendor and Piotr Swistak derived deductively the existence of such norms from a simple boundedly rational choice model. Their analysis was based on a perfect public information case. We take into account communication and analyse at the micro level the process of production and interpretation of information on which decisions are based. We show that when ...

A Timely Idea: Third Party Billing for Related Services.

Science.gov (United States)

Spaller, Kathy Dye; Thomas, Stephen B.

1994-01-01

Federal allocations for special education programs are below 10% whereas the federal contribution to state medicaid programs ranges from 50-80%. Third-party billing provides a more equitable distribution of the costs among federal, state, and local governments, in addition to including private-sector contributions. (MLF)

27 CFR 13.62 - Third-party comment on certificates.

Science.gov (United States)

2010-04-01

... BUREAU, DEPARTMENT OF THE TREASURY LIQUORS LABELING PROCEEDINGS Miscellaneous § 13.62 Third-party comment... agency, an industry association, a competitor of a certificate holder, a consumer or consumer group, or..., certificate of exemption from label approval, or distinctive liquor bottle approval, such comments should be...

Legal aspects of transport of nuclear materials

International Nuclear Information System (INIS)

Jacobsson, Mans.

The Paris Convention and the Brussels Supplementary Convention are briefly discussed and other conventions in the field of civil liability for nuclear damage are mentioned: the Vienna Convention, the Nuclear Ships Convention and the 1971 Convention relating to civil liability in the field of maritime carriage of nuclear material. Legislation on civil liability in the Nordic countries, which is based on the Paris Convention and the Supplementary Convention is discussed, notably the principle of channelling of liability and exceptions from that principle due to rules of liability in older transport conventions and certain problems due to the limited geographical scope of the Paris Convention and the Supplementary Convention. Insurance problems arising in connection with transport of nuclear materials are surveyed and an outline is given of the administrative provisions concerning transport (based on the IAEA transport regulations) which govern transport of radioactive materials by different means: road, rail, sea and air. Finally, the 1968 Treaty on the Non-Proliferation of Nuclear Weapons is discussed. (NEA) [fr

Conference report. Fourth review meeting of the parties of the Joint Convention

International Nuclear Information System (INIS)

Brennecke, Peter

2012-01-01

The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, the first legal instrument to directly address these topics on a global scale, was opened for signature 29 September 1997. It entered into force 18 June 2001. The Convention calls for triannual review meetings of the Contracting Parties. Each Contracting Party is required to submit a national report to each review meeting that addresses measures taken to implement each of the obligations of the Convention. The first review meeting took place in 2003. The 4 th review meeting of this Convention took place from 14 to 23 May 2012 at the International Atomic Energy Agency (IAEA) Headquarter in Vienna/Austria. (orig.)

Ombuds’ corner: the third party, the institution

CERN Multimedia

Vincent Vuillemin

2012-01-01

“The Ombuds shall provide confidential assistance for the informal resolution of interpersonal issues, in the interests of the good functioning of CERN.”*   In any institution, conflicts are inevitable. They can, however, offer an opportunity for a positive resolution. Relationships in a workplace are generally better and stronger between people who have been able to reach a positive resolution of their disagreement, than they are between people who get along moderately well. However, in disputes involving two antagonistic parties, people often forget that there is actually a third party behind the scenes: the institution. It is sometimes surprising to see that even people holding management responsibilities or hierarchical positions in projects fight each other, and completely forget that they are accountable for the good functioning of CERN. Commitment and professionalism are part of the five priority values of CERN, as expressed in its Code of Conduct: “Promot...

Keys to effective third-party process safety audits

International Nuclear Information System (INIS)

Birkmire, John C.; Lay, James R.; McMahon, Mona C.

2007-01-01

The Occupational Safety and Health Administration's (OSHA's) Process Safety Management (PSM) regulation was promulgated in 1992. The U.S. Environmental Protection Agency's (EPA's) corresponding Risk Management Program (RMP) rule followed in 1996. Both programs include requirements for triennial compliance audits. Effective compliance audits are critical in identifying program weaknesses and ensuring the safety of facility personnel and the surrounding public. Large companies with corporate and facility health, safety, and environmental groups typically have the resources and experience to conduct audits internally, either through a corporate audit team or the sharing of personnel between multiple facilities. Small to medium sized businesses frequently do not have the expertise or the resources to perform compliance audits, and rely on third-party consultants to provide these services. This paper will discuss the observations of the authors in performing audits and working with PSM/RMP programs across a number of market sectors (e.g. chemical, petrochemical, pharmaceutical, food and beverage, water treatment), including effective practices, hurdles to successful implementation and execution of programs, and typical program shortcomings. The paper will also discuss steps to improve the audit process and increase effectiveness whether performed by a third party or internally

Third party financing of renewable energy sources. Tercera reunion sobre la financiacion de energias renovables

Energy Technology Data Exchange (ETDEWEB)

1994-01-01

The Institut of Energy Saving and Diversification (IDAE) hosted the third party on financing Renewable Energy Sources in Spain. The main aspects were : 1) Experiences in renewable energy. 2) Financing of small hydro-power projects. 3) Third party financing of biomass projects. 4) Financing of wind energy projects.

78 FR 19713 - Possible Role of Independent Third Parties in Industry-Sponsored Tobacco Product Research...

Science.gov (United States)

2013-04-02

... tobacco product research could be subject to third-party governance? For example, could it be applied to... governance? For example, should both the design and conduct of research studies be subject to third-party... more key functions, including the design and conduct of research, the oversight of specific studies...

Third-party reproduction in the Internet Age: the new, patient-centered landscape.

Science.gov (United States)

Woodward, Julia T

2015-09-01

The rise of the Internet Age has brought a host of sweeping changes to the landscape of third-party reproduction. What began as a dyadic relationship between doctor and patient has evolved into a more complex system in which patients are able to access information online from a variety of external sources. Patients often seek to play a more active role in their third-party reproductive care, and the Internet allows them to do so. Further, demand for both medical and psychosocial information about donors and donor-conceived siblings, available online through patient forums and genetic registries, has altered the perception of gamete donation from a one-time event to an ongoing relationship. The advantages and disadvantages for patients and providers of this freer flow of information between third-party participants are examined. Search motivations of recipients and offspring, as well as types of information sought, are detailed. Recommendations are made regarding strategies fertility programs can use to optimally support their patients and navigate this new landscape. Copyright © 2015 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

Publishing E-RDF linked data for many agents by single third-party server

DEFF Research Database (Denmark)

Wang, Dongsheng; Zhang, Yongyuan; Wang, Zhengjun

2017-01-01

do not have the ability or do not want to make an additional effort to publish linked data. Thus, for agents who are willing to open part of their data but do not want to make an effort, the task can be undertaken by a professional third-party server (together with professional experts......) that publishes linked data for these agents. Consequently, when a single third-party server is on behalf of multiple agents, it is also responsible to organize these multiple-source URIs (data) in a systematic way to make them referable, satisfying the 4-star data principles, as well as protect the confidential...... data. For validation, we implement a prototype system as a third-party server that publishes linked data for a number of agents. It demonstrates well-organized 5-star linked data plus E-RDF and shows the additional advantages of data integration and interlinking among agents....

Enacting Third-Party Certification: A Case Study of Science and Politics in Organic Shrimp Certification

Science.gov (United States)

Konefal, Jason; Hatanaka, Maki

2011-01-01

As third-party certification has become a prominent governance mechanism, conflicting understandings of it have emerged. Proponents advance third-party certification as a technical and objective governance mechanism, while critics argue that politics and relations of power characterize it. We reject this dichotomization both in terms of how TPC is…

Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy; Senat rapport n. 327 projet de loi autorisant l'approbation d'accords internationaux sur la responsabilite civile dans le domaine de l'energie nucleaire

Energy Technology Data Exchange (ETDEWEB)

NONE

2006-07-01

The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

Unlimited - nuclear liabilities in the Federal Republic of Germany

International Nuclear Information System (INIS)

Arendt, W.

1986-01-01

Unlimited nuclear liabilities as in force in the Federal Republic of Germany go beyond the international rules of the Paris liability agreement. The unlimited liability mainly roots in the positive operational experiences and safety balance of the 20 nuclear power plants which meanwhile are in operation in the Federal Republic of Germany. Nuclear liabilities must not be confounded with scepticism as to the utilization of nuclear power. Extraordinary requirements of that kind should rather be reflecting responsibility and clear ideas and notions of the advantages and risks of nuclear energy. (HSCH) [de

Quantifying the Twitter Influence of Third Party Commercial Entities versus Healthcare Providers in Thirteen Medical Conferences from 2011 - 2013.

Directory of Open Access Journals (Sweden)

Tejas Desai

Full Text Available Twitter channels are increasingly popular at medical conferences. Many groups, including healthcare providers and third party entities (e.g., pharmaceutical or medical device companies use these channels to communicate with one another. These channels are unregulated and can allow third party commercial entities to exert an equal or greater amount of Twitter influence than healthcare providers. Third parties can use this influence to promote their products or services instead of sharing unbiased, evidence-based information. In this investigation we quantified the Twitter influence that third party commercial entities had in 13 major medical conferences.We analyzed tweets contained in the official Twitter hashtags of thirteen medical conferences from 2011 to 2013. We placed tweet authors into one of four categories based on their account profile: healthcare provider, third party commercial entity, none of the above and unknown. We measured Twitter activity by the number of tweet authors per category and the tweet-to-author ratio by category. We measured Twitter influence by the PageRank of tweet authors by category.We analyzed 51159 tweets authored by 8778 Twitter account holders in 13 conferences that were sponsored by 5 medical societies. A quarter of all authors identified themselves as healthcare providers, while only 18% could be identified as third party commercial entities. Healthcare providers had a greater tweet-to-author ratio than their third party commercial entity counterparts (8.98 versus 6.93 tweets. Despite having less authors and composing less tweets, third party commercial entities had a statistically similar PageRank as healthcare providers (0.761 versus 0.797.The Twitter influence of third party commercial entities (PageRank is similar to that of healthcare providers. This finding is interesting because the number of tweets and third party commercial entity authors required to achieve this PageRank is far fewer than that

Quantifying the Twitter Influence of Third Party Commercial Entities versus Healthcare Providers in Thirteen Medical Conferences from 2011 - 2013.

Science.gov (United States)

Desai, Tejas; Dhingra, Vibhu; Shariff, Afreen; Shariff, Aabid; Lerma, Edgar; Singla, Parteek; Kachare, Swapnil; Syed, Zoheb; Minhas, Deeba; Madanick, Ryan; Fang, Xiangming

Twitter channels are increasingly popular at medical conferences. Many groups, including healthcare providers and third party entities (e.g., pharmaceutical or medical device companies) use these channels to communicate with one another. These channels are unregulated and can allow third party commercial entities to exert an equal or greater amount of Twitter influence than healthcare providers. Third parties can use this influence to promote their products or services instead of sharing unbiased, evidence-based information. In this investigation we quantified the Twitter influence that third party commercial entities had in 13 major medical conferences. We analyzed tweets contained in the official Twitter hashtags of thirteen medical conferences from 2011 to 2013. We placed tweet authors into one of four categories based on their account profile: healthcare provider, third party commercial entity, none of the above and unknown. We measured Twitter activity by the number of tweet authors per category and the tweet-to-author ratio by category. We measured Twitter influence by the PageRank of tweet authors by category. We analyzed 51159 tweets authored by 8778 Twitter account holders in 13 conferences that were sponsored by 5 medical societies. A quarter of all authors identified themselves as healthcare providers, while only 18% could be identified as third party commercial entities. Healthcare providers had a greater tweet-to-author ratio than their third party commercial entity counterparts (8.98 versus 6.93 tweets). Despite having less authors and composing less tweets, third party commercial entities had a statistically similar PageRank as healthcare providers (0.761 versus 0.797). The Twitter influence of third party commercial entities (PageRank) is similar to that of healthcare providers. This finding is interesting because the number of tweets and third party commercial entity authors required to achieve this PageRank is far fewer than that needed by

75 FR 72944 - Third Party Testing for Certain Children's Products; Mattresses, Mattress Pads, and/or Mattress...

Science.gov (United States)

2010-11-29

...: Revisions to Terms of Acceptance of Children's Product Certifications Based on Third Party Conformity... under which it will accept certifications for children's products based on third party conformity..., requires that certification be based on testing of sufficient samples of the product, or samples that are...

The Paris Agreement: end of the climate multilateralism crisis or evolution in chiaroscuro?

International Nuclear Information System (INIS)

Lavallee, Sophie; Maljean-Dubois, Sandrine

2016-01-01

After a decade of chaotic negotiations, the twenty-first Conference of Parties to the United Nations Framework Convention on Climate Change managed on 12 December 12 2015 to agree on the text of an international treaty, the Paris Agreement, preceded by a COP decision aiming both to explain and prepare the entry into force of the treaty. Is this compromise text marking a significant step or is it a weak agreement incapable to alter our medium and long term trajectories of emissions of greenhouse gases? Tracing the process that led to its adoption helps to better understand the substantive and procedural contribution of the Paris agreement, without denying its limits. As a new brick in the complex architecture of the climate regime, the Paris Agreement is more the beginning of a new era for climate diplomacy, full of uncertainties, than a final stage

I/You: Reciprocity, Gift-giving, and the Third Party

Directory of Open Access Journals (Sweden)

Marcel Hénaff

2010-06-01

Full Text Available This essay first examines the issue of intersubjectivity in terms of the paradigmatic relationship between I and You. From a grammaticalstandpoint this relationship seems asymmetrical as well as necessarilyperformative: I implies the speech act of the speaker. You exists only as I's interlocutor. This helps us understand the very different status of what is called the 3rd person--and which would more accurately be called a nonperson, as Benveniste explains. This nonperson marks the position of a Third Party. I propose to show that the same Third Party--whether a living being or a thing--is also involved in the traditional ceremonial gift-exchange relationship discussed by Marcel Mauss. The relationship between the partners in gift-exchange is mediated by the being or the thing given, which isfor the recipient a token and substitute of the giver. What this involves is the reciprocal public recognition of the partners. In modern societies this function is performed by the law and by the institutions of the arbiter-State as they emerged in the formation of the Greek city.

Group Membership Modulates the Neural Circuitry Underlying Third Party Punishment.

Science.gov (United States)

Morese, Rosalba; Rabellino, Daniela; Sambataro, Fabio; Perussia, Felice; Valentini, Maria Consuelo; Bara, Bruno G; Bosco, Francesca M

2016-01-01

This research aims to explore the neural correlates involved in altruistic punishment, parochial altruism and anti-social punishment, using the Third-Party Punishment (TPP) game. In particular, this study considered these punishment behaviors in in-group vs. out-group game settings, to compare how people behave with members of their own national group and with members of another national group. The results showed that participants act altruistically to protect in-group members. This study indicates that norm violation in in-group (but not in out-group) settings results in increased activity in the medial prefrontal cortex and temporo-parietal junction, brain regions involved in the mentalizing network, as the third-party attempts to understand or justify in-group members' behavior. Finally, exploratory analysis during anti-social punishment behavior showed brain activation recruitment of the ventromedial prefrontal cortex, an area associated with altered regulation of emotions.

Keys to effective third-party process safety audits

Energy Technology Data Exchange (ETDEWEB)

Birkmire, John C. [Tourgee and Associates Inc., 11459 Cronhill Drive, Suite A, Owings Mills, MD 21117 (United States)]. E-mail: jbirkmire@taiengineering.com; Lay, James R. [5644 High Tor Hill, Columbia, MD 21045 (United States)]. E-mail: jim.lay21045@gmail.com; McMahon, Mona C. [General Physics Corporation, 6095 Marshalee Drive, Suite 300, Elkridge, MD 21075 (United States)]. E-mail: mmcmahon@gpworldwide.com

2007-04-11

The Occupational Safety and Health Administration's (OSHA's) Process Safety Management (PSM) regulation was promulgated in 1992. The U.S. Environmental Protection Agency's (EPA's) corresponding Risk Management Program (RMP) rule followed in 1996. Both programs include requirements for triennial compliance audits. Effective compliance audits are critical in identifying program weaknesses and ensuring the safety of facility personnel and the surrounding public. Large companies with corporate and facility health, safety, and environmental groups typically have the resources and experience to conduct audits internally, either through a corporate audit team or the sharing of personnel between multiple facilities. Small to medium sized businesses frequently do not have the expertise or the resources to perform compliance audits, and rely on third-party consultants to provide these services. This paper will discuss the observations of the authors in performing audits and working with PSM/RMP programs across a number of market sectors (e.g. chemical, petrochemical, pharmaceutical, food and beverage, water treatment), including effective practices, hurdles to successful implementation and execution of programs, and typical program shortcomings. The paper will also discuss steps to improve the audit process and increase effectiveness whether performed by a third party or internally.

USA Withdrawal from Paris Agreement – What Next?

Directory of Open Access Journals (Sweden)

Sergey Chestnoy

2017-12-01

Full Text Available In June 2017, President Trump announced the USA’s withdrawal from the Paris Climate Accord, which had been ratified for less than a year, thanks in large part to the USA. That drastic shift followed the change in residency at the White House. Withdrawing from the Paris Accord presents an interesting topic for analysis. There’s the practical side of the withdrawal procedure as set out in Article 28 of the agreement, not to mention the consequences of US non-participation in addressing international climate issues. There are other international forums (Such as G8 and G20, which also have an interest in climate related topics. The Article analyses the U.S. position in negotiations and its commitments assumed the moment the United Nations Framework Convention on Climate Change (UNFCCC came into effect until now: the reduction of greenhouse gas emissions, financial aid and reporting. It also provides general analysis of national legal obligations under the Paris Accord, ratification of that agreement in general and in particularly another that took place in the USA, it focuses on the specifics of withdrawal. The specified three-year period from the Agreement becoming active, after which any party may withdraw from it (2019, is a noteworthy detail. It is well-known that the Paris Agreement provides a framework that does not impose individual national commitments or a commitment to a compliance system. In essence, and from a legal point of view, it is nonbinding. This was what allowed the USA to accept the terms of the accord relatively quickly and to use the simplified procedure, which by-passed Congress. In the opinion of the authors, President Trump’s resolution to withdraw should, possibly, be considered as a simple continuation of his election discourse and the fulfilment of a campaign promise. Additionally, President Trump’s declared intent to review the Paris Accord has legal grounds on which to launch further international negotiations

Joint protocol relating to the application of the Vienna Convention and the Paris Convention. Signature, ratification, acceptance, approval or accession. Status as of 31 December 1996

International Nuclear Information System (INIS)

1997-01-01

The document presents the status of signature, ratification, acceptance, approval or accession of the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention as of 31 December 1996. The Joint Protocol entered into force on 27 April 1992

Joint protocol relating to the application of the Vienna Convention and the Paris Convention. Signature, ratification, acceptance, approval or accession. Status as of 31 December 1996

Energy Technology Data Exchange (ETDEWEB)

NONE

1997-02-28

The document presents the status of signature, ratification, acceptance, approval or accession of the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention as of 31 December 1996. The Joint Protocol entered into force on 27 April 1992.

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal: Final Act

International Nuclear Information System (INIS)

1989-03-01

The Conference on Plenipotentiaries on the Global Convention on the Control of Transboundary Movements of Hazardous Wastes was convened by the Executive Director of the United Nations Environment Programme (UNEP) pursuant to decision 14/30, adopted by the Governing Council of UNEP on 17 June 1987. The Conference adopted the Global Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. In the 29 articles of this Convention the definitions of hazardous wastes, the scope of the Convention, general obligations of the signatory parties, transboundary waste movement between Parties as well as through states which are not parties, illegal traffic, international control, liabilities, financial aspects, verification, accession and withdrawal of the Parties are defined in detail. There are 6 Annexes, including specifications of hazardous wastes, information requirements, notification rules, etc

Application of the Best Available Technique (BAT) in Swedish Nuclear Industry: Ringhals and Barsebaeck Nuclear Power Plants. Report to the Oslo and Paris Commissions in accordance with PARCOM Recommendation 91/4

International Nuclear Information System (INIS)

1996-01-01

With regard to the general objectives of the Paris Convention, contracting parties have agreed, as stated in PARCOM Recommendation 91/4, to apply best available technique (BAT) to reduce radioactive releases from the nuclear industry. Progress in implementing BAT shall be reported to the Oslo and Paris Commissions every four years. This report contains the Swedish submission for the second round of implementation reports. Data are provided relevant to the Ringhals NPP, which discharged into Convention waters, and - for information -the Barsebaeck NPP which discharged into waters close to the Convention area. 20 tabs

Application of the Best Available Technique (BAT) in Swedish Nuclear Industry: Ringhals and Barsebaeck Nuclear Power Plants. Report to the Oslo and Paris Commissions in accordance with PARCOM Recommendation 91/4

Energy Technology Data Exchange (ETDEWEB)

NONE

1996-01-01

With regard to the general objectives of the Paris Convention, contracting parties have agreed, as stated in PARCOM Recommendation 91/4, to apply best available technique (BAT) to reduce radioactive releases from the nuclear industry. Progress in implementing BAT shall be reported to the Oslo and Paris Commissions every four years. This report contains the Swedish submission for the second round of implementation reports. Data are provided relevant to the Ringhals NPP, which discharged into Convention waters, and - for information -the Barsebaeck NPP which discharged into waters close to the Convention area. 20 tabs.

Review of the nuclear liability act

International Nuclear Information System (INIS)

1990-01-01

There has always been concern that nuclear materials have the potential to cause injury and property damage. For this reason, nuclear operators have always been required by national regulatory authorities to exercise special precautions in the operation of their facilities. Federal legislation was drafted in Canada as the Nuclear Liability Act in 1970. The Act ensures that funds are available from all operators of nuclear facilities to provide financial compensation to third parties for injuries or damages suffered as a result of a nuclear incident; at the same time the Act provides protection to the operators by limiting their related liability. The Act also protects persons other than operators. The review of the Act has progressed in stages. The first stage was conducted by the staff of the Atomic Energy Control Board and catalogued previously identified difficulties with the Act. The second stage was a preliminary examination of the Act by an Interdepartmental Working Group. 2 figs

Influence of awareness on the usage of motor third party insurance ...

African Journals Online (AJOL)

a case study of Kampala district. ... informants (insurers, insurance regulators as well as enforcers – traffic police officers); and carried out desk review of motor third party insurance ... enormous negative economic impact on individuals, fam-.

Young children remedy second- and third-party ownership violations.

Science.gov (United States)

Van de Vondervoort, Julia W; Hamlin, J Kiley

2015-09-01

When responding to ownership violations, children can focus on the victim's needs, the perpetrator's punishment, or both. Recent studies show that 3- and 5-year-olds are equally likely to respond to second- and third-party violations, and 3-year-olds return objects to their rightful owners. Children's interventions are consistent with justice for victims. Copyright © 2015 Elsevier Ltd. All rights reserved.

Using a third party for nuclear plant civil works, one of a solution for nuclear safety

International Nuclear Information System (INIS)

Chandeze, A.

2010-01-01

Issues that may happen during the construction of civil works of a nuclear power plant are numerous: concrete, reinforcement bars positioning, welding of the liner... On top of the above, quality and nuclear safety assurance is increasingly required by nuclear authorities to keep the current nuclear renaissance steady regarding public opinion. The speaker will present the benefits of using a third party during these civil works phases and about the value created for the circle of actors through a risk based inspection program. Going through the main stages of design and construction of civil works of a nuclear power plant, the main actors involved, their positioning and the role of a voluntary independent third party inspection body, the speaker demonstrates that an independent third party, voluntarily chosen by a Utility and nuclear power plant engineering company, may give confidence to each party. (authors)

Ordinance of 30 November 1981 on cover for civil liability resulting from nuclear power plant operation - RS 732.44

International Nuclear Information System (INIS)

1981-01-01

Until the end of 1981, the amount of insurance for third party liability resulting from operating a nuclear electricity generating plant was limited to 200 million Swiss francs. This ordinance provides that, as from 1 january 1982, this amount is raised to 300 million Swiss francs. (NEA) [fr

Review of legislation on civil liability for nuclear damage; Revision de la legislacion relativa a la responsabilidad civil por danos nucleares

Energy Technology Data Exchange (ETDEWEB)

Menendez-Moran, E.

2011-07-01

The entry into force of Law 12/2011 is postponed until the Protocols modifying the Paris and Brussels conventions take effect, since their content complements that of the Conventions. The most significant modifications are the extension of the suppositions of nuclear damage, the geographical scope of application and the time period for claiming personal damages, which is accompanied by higher coverage limits of up to 1,200 million euros. It also includes liability for damages caused by radioactive materials in the custody of the installation owner. (Author)

The Scope of the Arbitral Award Binding Effect (Interests of «Third Parties» in International Arbitration

Directory of Open Access Journals (Sweden)

Nataliya Bocharova

2017-01-01

Full Text Available Modern business international transactions are multiparty and complicated. Such contracts are usually composed of several contracts which can contain bilateral dispute resolution arrangements. According to the principle of parties autonomy dispute arising between two persons bound by an arbitration agreement in connection with a multiparty project will be resolved by arbitration exclusively between these two parties. Other parties cannot participate in the resolution of the dispute through arbitration, even if they have played an active role in the actual project. Notwithstanding any legitimate interest, they might have the outcome of the dispute; these parties will remain alien both to the arbitration proceedings and an arbitral award. Their interests are not taken into consideration and left unprotected. Arbitration proceedings, unlike litigation, usually do not bear any intervention or joinder of parties, which is explained by the contractual nature of arbitration.Thus, the binding power of an arbitral award extends only over parties of an arbitration agreement. Meanwhile, an arbitral award can affect interests of third parties. How can these parties defend their interests in arbitration proceedings and during recognition and enforcement proceedings in national courts? There are two ways of resolving such problem in state court litigation. The first one is the compulsory participation of any third party with any legitimate interest in litigation through intervention, joinder of parties, and consolidation of cases. A court ex officio has to gather all parties that can have any legitimate interest in resolving the dispute. If judgment affects any interest of a party that was not involved in the proceedings judgment should be reversed in appellate court. The second way is also the solution against parallel proceedings. This way is to harmonize the outcome of parallel proceedings by the principle of lis pendens and res judicata.The paper examines

Quantifying the Twitter Influence of Third Party Commercial Entities versus Healthcare Providers in Thirteen Medical Conferences from 2011 – 2013

Science.gov (United States)

Dhingra, Vibhu; Shariff, Afreen; Shariff, Aabid; Lerma, Edgar; Singla, Parteek; Kachare, Swapnil; Syed, Zoheb; Minhas, Deeba; Madanick, Ryan; Fang, Xiangming

2016-01-01

Introduction Twitter channels are increasingly popular at medical conferences. Many groups, including healthcare providers and third party entities (e.g., pharmaceutical or medical device companies) use these channels to communicate with one another. These channels are unregulated and can allow third party commercial entities to exert an equal or greater amount of Twitter influence than healthcare providers. Third parties can use this influence to promote their products or services instead of sharing unbiased, evidence-based information. In this investigation we quantified the Twitter influence that third party commercial entities had in 13 major medical conferences. Methods We analyzed tweets contained in the official Twitter hashtags of thirteen medical conferences from 2011 to 2013. We placed tweet authors into one of four categories based on their account profile: healthcare provider, third party commercial entity, none of the above and unknown. We measured Twitter activity by the number of tweet authors per category and the tweet-to-author ratio by category. We measured Twitter influence by the PageRank of tweet authors by category. Results We analyzed 51159 tweets authored by 8778 Twitter account holders in 13 conferences that were sponsored by 5 medical societies. A quarter of all authors identified themselves as healthcare providers, while only 18% could be identified as third party commercial entities. Healthcare providers had a greater tweet-to-author ratio than their third party commercial entity counterparts (8.98 versus 6.93 tweets). Despite having less authors and composing less tweets, third party commercial entities had a statistically similar PageRank as healthcare providers (0.761 versus 0.797). Conclusion The Twitter influence of third party commercial entities (PageRank) is similar to that of healthcare providers. This finding is interesting because the number of tweets and third party commercial entity authors required to achieve this Page

Joint protocol relating to the application of the Vienna Convention and the Paris Convention. Status list as of 12 September 2000. Signature, ratification, acceptance, approval or accession

International Nuclear Information System (INIS)

2000-01-01

The document presents the status of signature, ratification, acceptance, approval or accession of the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention as of 12 September 2000. The Joint Protocol entered into force on 27 April 1992

Joint Protocol relating to the application of the Vienna Convention and the Paris Convention. Status list as of 30 September 2002. Signature, ratification, acceptance, approval or accession

International Nuclear Information System (INIS)

2002-01-01

The document presents the status of signature, ratification, acceptance, approval or accession of the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention as of 30 September 2002. The Joint Protocol entered into force on 27 April 1992

Religious affiliation and indirect third-party conflict intervention: a hypothesis from the lebanese civil war

OpenAIRE

Shishmanian, Haig Philip

2014-01-01

Ankara : The Department of International Relations İhsan Doğramacı Bilkent University, 2014. Thesis (Master's) -- Bilkent University, 2014. Includes bibliographical references leaves 148-154. Ethnically and religiously-identified groups are frequently involved in conflict. Such conflicts attract forms of third-party intervention which often favor one ethno-religious group over another by means other than direct military intervention on the part of the affiliated third-party ...

Numerical Cognition Explains Age-Related Changes in Third-Party Fairness

Science.gov (United States)

Chernyak, Nadia; Sandham, Beth; Harris, Paul L.; Cordes, Sara

2016-01-01

Young children share fairly and expect others to do the same. Yet little is known about the underlying cognitive mechanisms that support fairness. We investigated whether children's numerical competencies are linked with their sharing behavior. Preschoolers (aged 2.5-5.5) participated in third-party resource allocation tasks in which they split a…

Contractual liability: In European, comparative and Serbian law

Directory of Open Access Journals (Sweden)

Salma Jožef

2011-01-01

Full Text Available Contractual liability is an important topic of the ongoing reform of the effective Serbian Law on Obligations (2007-2009, which aims to harmonize the national legislation in this field with the laws of the European Union. In this paper the author analyzes the evolution of the traditional European civil codes (the German BGB, French Code civil, the Austrian ABGB the Swiss OR and the Hungarian Civil Code, with due attention to the doctrine and jurisprudence, taking into account the proposed reforms of the effective Serbian Law on Obligations concerning issues of contractual liability, such as the legal consequences of nonperformance, misperformance, default, etc. The author is of the opinion that the notion of the breach of contract doesn't cover all the cases in which contractual liability arises, although it embraces nonperformance, misperformance and default. The notion of contractual liability, namely, covers not only the cases of breach of contract, but the infringement of public policy, good morals and mandatory rules, which all lead to the nullity of the contract. In cases of voidable contracts (that is in case of defects of contractual will, such as mistake, deceit and duress it is questionable whether the scope of contractual liability should be extended to mistake, which is a case of nonconscious discrepancy between contractual will and its expression. It is undisputable that contractual liability arises in case of deceit and duress, to the burden of the party acting in bad faith. The rescission of contract entails a separate complex of legal issues, since it may be justified by the other party's breach of the contract. It can also be onesided, two-sided or by a mutual agreement. Furthermore, specific rules apply to rescission of contract due to changed circumstances. In case of termination of a contract by mutual agreement, the parties usually agree on the extent of liability, that is on the extent of indemnification. Contractual

Value-Added Electricity Services: New Roles for Utilities and Third-Party Providers

Energy Technology Data Exchange (ETDEWEB)

Blansfield, J. [Inst. for Electric Innovations, Washington, DC (United States); Wood, L. [Inst. for Electric Innovations, Washington, DC (United States); Katofsky, R. [Advanced Energy Economy, Washington, DC (United States); Stafford, B. [Advanced Energy Economy, Washington, DC (United States); Waggoner, D. [Advanced Energy Economy, Washington, DC (United States); Schwartz, L. C. [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States)

2017-10-30

New energy generation, storage, delivery, and end-use technologies support a broad range of value-added electricity services for retail electricity customers. Sophisticated energy management services, distributed generation coupled with storage, and electric vehicle charging are just a few examples of emerging offerings. Who should provide value-added services — utilities or third parties, or both, and under what conditions? What policy and regulatory changes may be needed to promote competition and innovation, to account for utility costs to enable these services, and to protect consumers? The report approaches the issues from three perspectives: utilities, third-party service providers, and consumers: -Jonathan Blansfield and Lisa Wood, Institute for Electric Innovation -Ryan Katofsky, Benjamin Stafford and Danny Waggoner, Advanced Energy Economy -National Association of State Utility Consumer Advocates

Third party interference monitoring based on distributed fiber sensor and field trail

Energy Technology Data Exchange (ETDEWEB)

Cai, Yongjun; Tan, Dongjie; Juan, Zheng; Wang, Likun; Chen, Pengchao [PetroChina Pipeline R and D Center (China)

2009-07-01

This paper describes a novel pipeline third party interference (TPI) monitoring system, which detects micro vibration along pipeline, through fiber cable laying in one ditch. A special optical path was designed by redundant optical fiber cores among fiber cable. This new sensor technology detects illegal excavation through detect phase changes. This innovative signal analysis technology avoids the disturbance of light intensity fluctuation and phase fading. Excavator, digging and impact of freely falling body were used to test this pipeline monitoring system. Different type of cable, such as straight buried cable, steel wire armored cable and silicone tube, were all test in order to test sensitivity. Field trail shows that this system can detect, alarm and. locate different third party interference along pipeline. (author)

Website Operators’ Liability for Offensive Comments: A Comparative Analysis of Delfi as v. Estonia and MTE

Directory of Open Access Journals (Sweden)

Šidlauskienė Jūratė

2017-12-01

Full Text Available In 2013 and 2015, the ECtHR in the famous case of Delfi AS v. Estonia recognised the possibility for a website operator to be liable for the delayed removal of illegal comments of internet users. In this case the ECtHR formulated criteria for a website operator’s liability for damage caused to a third party by its visitor comments. The judgment of 2016 in the case of MTE & Index v. Hungary the ECtHR modified the criteria for a website operator’s liability, interpreting it to the benefit of web managers. This article seeks to reveal the criteria for the liability of a website operator and to draw some general guidance that can be applied in similar cases.

77 FR 42149 - Changes To Implement the Preissuance Submissions by Third Parties Provision of the Leahy-Smith...

Science.gov (United States)

2012-07-17

... Provision of the Leahy-Smith America Invents Act; Final Rule #0;#0;Federal Register / Vol. 77 , No. 137... Implement the Preissuance Submissions by Third Parties Provision of the Leahy-Smith America Invents Act... preissuance submissions by third parties provision of the Leahy-Smith America Invents Act (AIA). This...

Studying third-parties and environments: New Zealand sun-safety research.

Science.gov (United States)

Gage, Ryan; Leung, William; Stanley, James; Reeder, Anthony; Mackay, Christina; Chambers, Tim; Smith, Moira; Barr, Michelle; Signal, Louise

2017-12-15

Wearable cameras have been used to study health behaviours, but their utility in assessing third-party behaviours and the built environment is uncertain. This paper reports on the feasibility of using wearable cameras for this purpose in a study of sun-protective behaviours and shade availability during school lunch-breaks. The Kids'Cam study provided 168 children (aged 11-13 years), recruited from 16 randomly selected schools in the Wellington region of New Zealand, with wearable cameras. The devices automatically captured images every 7 s from the child's perspective. Images captured during school lunch-breaks by a random sample of 15 children who took part during terms 4 and 1 (October 2014-April 2015) were selected and assessed for usability. The feasibility of studying third-party sun-protective behaviours and school shade availability was assessed for a subset of 320 images. Of the 3492 eligible lunch-break images, 96.4% were useable; the remainders were excluded due to obstruction, blurriness or unsuitable camera position. Overall, 1278 children and 108 shade structures were observed in the sample images. The use of shade, hats, sleeves, collars and sunglasses could be determined for 97.0%, 77.2%, 74.4%, 47.6% and 54.9% of children, respectively. All shade structures could be classified according to type, and canopy composition could be assessed for 95.4% of structures. Wearable cameras are a feasible tool for assessing sun-safety, particularly shade availability, hat wearing and shade use. This methodology could be used to objectively study other third-party health-related behaviours, and other features of the built environment. © The Author 2017. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

Third-Party Incentive Strategies and Conflict Management in Africa

DEFF Research Database (Denmark)

Emmanuel, Nikolas G.

2016-01-01

Dr. Nikolas Emmanuel's examines the use of an incentives approach in managing intrastate conflict in Africa because in many cases, risks and costs make applications of hard power alone unfeasible. Furthermore, simply ignoring episodes of civil conflict in the hope that they will "burn themselves...... out"� does not appear to be a viable alternative. That said, both noncoercive and coercive incentive strategies exist and have been deployed by third parties in a variety of conflict situations. Such incentives seek to manage conflict by encouraging political bargaining. The clear intention...... parties can help manage conflicts. Second, it offers a typology of the available incentive strategies, classifying them along noncoercive and coercive lines. Thus, the article outlines the possibilities offered by an incentives approach, focusing on examples drawn from recent African cases....

Consumer use and response to online third-party raw DNA interpretation services.

Science.gov (United States)

Wang, Catharine; Cahill, Tiernan J; Parlato, Andrew; Wertz, Blake; Zhong, Qiankun; Cunningham, Tricia Norkunas; Cummings, James J

2018-01-01

With the availability of raw DNA generated from direct-to-consumer (DTC) testing companies, there has been a proliferation of third-party online services that are available to interpret the raw data for both genealogy and/or health purposes. This study examines the current landscape and downstream clinical implications of consumer use of third-party services. Study participants were recruited online from social media platforms. A total of 321 survey respondents reported using third-party services for raw DNA interpretation. Participants were highly motivated to explore raw DNA for ancestral information (67%), individual health implications (62%), or both (40%). Participants primarily used one of seven companies to interpret raw DNA; 73% used more than one. Company choice was driven by the type of results offered (51%), price (45%), and online reviews (31%). Approximately 30% of participants shared results with a medical provider and 21% shared with more than one. Outcomes of sharing ranged from disinterest/discounting of the information to diagnosis of genetic conditions. Participants were highly satisfied with their decision to analyze raw DNA (M = 4.54/5), yet challenges in understanding interpretation results were reported irrespective of satisfaction ratings. Consumers face challenges in understanding the results and may seek out clinical assistance in interpreting their raw DNA results. © 2017 The Authors. Molecular Genetics & Genomic Medicine published by Wiley Periodicals, Inc.

Study on quantitative risk assessment model of the third party damage for natural gas pipelines based on fuzzy comprehensive assessment

International Nuclear Information System (INIS)

Qiu, Zeyang; Liang, Wei; Lin, Yang; Zhang, Meng; Wang, Xue

2017-01-01

As an important part of national energy supply system, transmission pipelines for natural gas are possible to cause serious environmental pollution, life and property loss in case of accident. The third party damage is one of the most significant causes for natural gas pipeline system accidents, and it is very important to establish an effective quantitative risk assessment model of the third party damage for reducing the number of gas pipelines operation accidents. Against the third party damage accident has the characteristics such as diversity, complexity and uncertainty, this paper establishes a quantitative risk assessment model of the third party damage based on Analytic Hierarchy Process (AHP) and Fuzzy Comprehensive Evaluation (FCE). Firstly, risk sources of third party damage should be identified exactly, and the weight of factors could be determined via improved AHP, finally the importance of each factor is calculated by fuzzy comprehensive evaluation model. The results show that the quantitative risk assessment model is suitable for the third party damage of natural gas pipelines and improvement measures could be put forward to avoid accidents based on the importance of each factor. (paper)

43 CFR 29.7 - Imposition of strict liability.

Science.gov (United States)

2010-10-01

... LIABILITY FUND § 29.7 Imposition of strict liability. (a) Notwithstanding the provisions of any other law... prove that the damages were caused by an act of war or by the negligence of the United States or other... negligence of such damaged party. (c)(1) Strict liability for all claims arising out of any one incident...

Low-level waste injury: liability, insurance, and indemnification

International Nuclear Information System (INIS)

Merz, J.F.

1986-01-01

It would be worth developing compatible policies to address the issues involving third-party liabilities which remain unanswered before the different states and interstate compact agreements implementing the Low Level Radioactive Waste Policy Act develop a range of approaches. A plan that draws resources from a number of states would have economic and technological benefits, and could help ensure public confidence in the management of low level radioactive wastes. Interstate cooperation and coordination to produce such a plan would benefit from a Congressional mandate. An appendix arranged alphabetically by state illustrates the range of immunity/waiver, insurance, and limits that already exist

Meeting challenges through good practice. Using the highlights from the third review meeting of the Convention on Nuclear Safety to improve national regulatory systems

International Nuclear Information System (INIS)

Keen, L.J.; Cameron, J.K.

2006-01-01

The third review meeting of the Convention on Nuclear Safety (CNS), held in April 2005, demonstrated collective progress on ensuring worldwide nuclear safety. The Contracting Parties highlighted areas of focus to be brought back to the fourth review meeting and also committed to a continuity process to revitalize the review processes under the CNS. Specific progress has been achieved in the first year since the conclusion of the third review meeting, but further commitment to progress is required, by the Contracting Parties and the Secretariat of the IAEA, over the next year, especially if changes to the review processes are to be achieved for the fourth review meeting in 2008. (author)

Public Auditing and Data Dynamics in Cloud with Performance Assessment on Third Party Auditor

DEFF Research Database (Denmark)

P. Sawant, Snehal; Deshmukh, Aaradhana A.; Mihovska, Albena Dimitrova

2016-01-01

presented in this paper uses the concept of an external Third Party Auditor (TPA). TPA is an external party who is going to perform integrity verification of the user’s data on behalf of the user. The proposed scheme assures integrity verification with a dynamic data support, to ensure that changes made...

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

International Nuclear Information System (INIS)

Novotna, Marianna

2016-01-01

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

Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

Energy Technology Data Exchange (ETDEWEB)

Lopuski, J

1994-12-31

This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee`s work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world`s public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).

Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

Energy Technology Data Exchange (ETDEWEB)

Lopuski, J.

1993-12-31

This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee`s work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world`s public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).

Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

Senate report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage

International Nuclear Information System (INIS)

2010-01-01

This report recalls the different texts concerning the law of the sea: United Nations Convention on the Law of the Sea (UNCLOS) of 1982 which was ratified by France in 1996, the International Convention on Civil Liability for Oil Pollution of 1992, the creation of the International Oil Pollution Compensation Funds, and the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by sea (HNS) in 1996. While evoking some recent examples of wrecks and pollutions and some already existing French and European initiatives, it describes the implications and consequences of this convention on the French law and for its enforcement, provided that this new treaty is designed to take bunker oil into account as it may induce a significant pollution of the marine environment

Overview of the IAEA Joint Convention and Implementation Status of the Obligation as the Contracting Party of the 5th Joint Convention

International Nuclear Information System (INIS)

Lee, Jeong Ken; Lee, Youn Keun; Ahn, Sang Myeon

2016-01-01

The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention) was adopted on 5 September 1997 by a Diplomatic Conference convened by the International Atomic Energy Agency (IAEA). The Joint Convention was opened for signature at Vienna in September 1997 and will remain open for signature until its entry into force. Korean government signed the Joint Convention in 1997 and this Convention was effective in 2002 as the Convention No. 1612. This paper will show overview of the Joint Convention and implementation status of the obligation as a Contracting Party of the 5th Joint Convention. The Joint Convention is the inter-national convention organized by the IAEA. All contracting parties shall comply with rules of the Joint Convention and conduct the obligation of this convention. Korean government successfully conducted all obligation (attending Organization Meeting and Review Meeting, submitting paper including National Report, question paper and answer paper) of the 5th Joint Convention from May 2014 to May 2015, and will prepare the obligation of the 6th Joint Convention

Immigration politics Italian style: the paradoxical behaviour of mainstream and populist parties.

Science.gov (United States)

Perlmutter, T

1996-01-01

This article explores the role of electoral politics in managing immigration as a policy option in Italy. Italy was late in passing its first comprehensive immigration legislation (1990). A small, liberal party waged a campaign against the proposed immigration law. A party known for right-wing posturing did not mobilize against the law. These political postures were not anticipated by conventional wisdom. Conventional wisdom suggests that immigration should not be an electoral issue and that consensus solutions should be sought. It is argued that the Italian response supports the view that in a fragmented, multi-party system, minor parties will be more likely to mobilize. Two mass media studies were used as the basis for this article's analysis. The studies provide detailed evidence on party willingness to publicly discuss immigration and the ways the issues are framed. The Italian case illustrates the tendency for mainstream, pro-system parties to politicize the issue and extremist, anti-system parties to depoliticize it. The DC and PCI, as mass parties, behaved traditionally and supported moderately open immigration policies, but in closed forums. The minor parties had a stake in shifting electoral support, so the PSI took an outspoken stand and the PARI publicized its exclusion from the policy-making process and its support for more restrictive policies. It was the constituencies and the leadership structure that facilitated these strategies. The author differs from Betz's party analysis by arguing that party ideology may not be a useful guide for predicting stands on immigration, and that it is difficult to generalize about immigration.

Claims of operators, non-operators and third parties arising from oil and gas operations

International Nuclear Information System (INIS)

Block, R.W.; Semadeni, T.

1999-01-01

There has come a resurgence in the number of companies involved in the oil and gas industry seeking protection from their creditors because of the recent weakness in commodity prices. Because most operations in this industry are conducted jointly, a single insolvency can lead to a toppling of other participants in the joint venture and beyond. The problem is to minimize one's losses if other members of the joint venture become insolvent. An examination is included of some remedies which may be available to operators, non-operators and third parties when faced with an insolvent oil and gas participant. The remedies which may be available to the non-operator that is owed moneys by its operator are discussed. The remedies that the operator has against its non-operators, with an emphasis on the nature of the operator's lien and the right of set-off, are described. A brief review is included of some of the remedies that might be available to a third party as against the operators and non-operators. Some s uggestions are included for directors, bankers, third parties, non-operators and operators

Surrogate obesity negatively impacts pregnancy rates in third-party reproduction.

Science.gov (United States)

DeUgarte, Daniel A; DeUgarte, Catherine M; Sahakian, Vicken

2010-02-01

In a retrospective cohort review of third-party reproduction, we observed that surrogate body mass index (BMI) negatively impacts implantation rates in oocyte-donor in vitro fertilization cycles. A BMI > or =35 kg/m(2) cutoff is associated with a statistically significant decrease in pregnancy rates but not miscarriage rates. Copyright 2010 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

Issues in third party attacks on SMCRA permits. [USA - Indiana

Energy Technology Data Exchange (ETDEWEB)

Kelley, G.D. Jr. (Ice Miller Donadio Ryan, Indianapolis, IN (USA))

1990-01-01

Legal issues which have occurred in third party attacks on SMCRA (Surface Mining Control and Reclamation Act) permit, mainly in Indiana, are discussed. Problems that can occur with the interrelationship of common law nuisance/injunction actions, the permit process, enforcement proceedings and collateral estoppel from administrative agency action, as well as finality issues in the permit process as related to other provisions of SMCRA. 37 refs.

Integration between manufacturers and third party logistics providers?

DEFF Research Database (Denmark)

Mortensen, Ole; Lemoine, Olga W.

2008-01-01

Purpose - The purpose of this study is to analyse the extent of the integration between manufacturers and third party logistics (TPL) providers at present and how the integration is expected to develop in the near future. The focus is on studying what tasks are part of the cooperation, what...... of the eight business processes studied. Further integration in the same processes is expected, based on ICT tools and with a focus on cost. ICT competences are primarily seen as a qualifier not a differentiator. Because the future TPL industry is expected to be characterised by more standardised services...

Rules specific to nuclear incidence occurring in installations or during transport of nuclear substances

International Nuclear Information System (INIS)

Rocamora, P.

1976-01-01

International nuclear third party liability conventions deal in depth with the liability system governing the transport of nuclear substances. Without appropriate legislation, international transport would be likely to meet very serious legal difficulties. The rule of nuclear conventions apply the same system to transport as to nuclear installations and mainly enable a determination of the operator liable. They also allow the person responsible for transport to assume liability therefor in place of the operator who whould normally have been liable. These nuclear conventions do not affect application of international transport conventions and this provision has been the cause of serious difficulties regarding maritime transport. This resulted in the adoption in 1971 in Brussels of a convention relating to civil liability in the field of maritime carriage of nuclear material. The purpose of this convention is to establish in the field of maritime transport, the priority of the system of absolute, exclusive and limited liability in the nuclear conventions. (NEA) [fr

Dual processing and organizational justice: the role of rational versus experiential processing in third-party reactions to workplace mistreatment.

Science.gov (United States)

Skarlicki, Daniel P; Rupp, Deborah E

2010-09-01

The moral perspective of justice proposes that when confronted by another person's mistreatment, third parties can experience a deontic response, that is, an evolutionary-based emotional reaction that motivates them to engage in retribution toward the transgressor. In this article, we tested whether the third party's deontic reaction is less strong when a rational (vs. experiential) processing frame is primed. Further, we tested whether third parties high (vs. low) in moral identity are more resistant to the effects of processing frames. Results from a sample of 185 French managers revealed that following an injustice, managers primed to use rational processing reported lower retribution tendencies compared with managers primed to use experiential processing. Third parties high in moral identity, however, were less affected by the framing; they reported a high retribution response regardless of processing frame. Theoretical and practical implications of these findings are discussed. Copyright 2010 APA, all rights reserved

Parties at the convention of the United Nations on climatic change and second meeting of the parties to the Kyoto protocol; Parties a la convention-cadre des Nations-Unies sur les changements climatiques et seconde reunion des parties au Protocole de Kyoto

Energy Technology Data Exchange (ETDEWEB)

NONE

2006-07-01

Kenya hosted the second meeting of the Parties to the Kyoto Protocol in conjunction with the twelfth session of the conference of the Parties to the climatic change convention, in Nairobi from 6 to 17 November 2006. This document presents in a first part the key areas discussed at Nairobi; in a second part the international framework with the consequences of the Kyoto protocol implementation; and in the last part the demonstrable progresses of the France in the policy effects, tendencies concerning the greenhouse gases and the respect of the commitments. (A.L.B.)

78 FR 46177 - Third-Party Provision of Ancillary Services; Accounting and Financial Reporting for New Electric...

Science.gov (United States)

2013-07-30

...-Party Provision of Ancillary Services; Accounting and Financial Reporting for New Electric Storage... Financial Reporting for New Electric Storage Technologies, Notice of Proposed Rulemaking, FERC Stats. & Regs... Commission 18 CFR Parts 35 and 101 Third-Party Provision of Ancillary Services; Accounting and Financial...

16 CFR 240.11 - Wholesaler or third party performance of seller's obligations.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Wholesaler or third party performance of seller's obligations. 240.11 Section 240.11 Commercial Practices FEDERAL TRADE COMMISSION GUIDES AND TRADE PRACTICE RULES GUIDES FOR ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES...

Via Lyon: Parcours de romans et mutations éditoriales au XVIe siècle. Partie II. La circulation des textes entre Lyon et Paris

Directory of Open Access Journals (Sweden)

Gaëlle Burg

2015-07-01

Full Text Available La première partie du dossier Via Lyon (Carte Romanze 2/2 [2014] analysait le rôle de carrefour économique et culturel de la ville de Lyon dans la constitution d’une identité éditoriale des romans publiés en France au XVIe siècle. L’étude de ces «parcours de romans» conduit à replacer, en cette seconde partie du dossier, la notion d’«étape lyonnaise» dans la dynamique qui anime les deux principaux centres d’imprimerie français de la Renaissance. L’étude des pérégrinations éditoriales, de Paris à Lyon et de Lyon à Paris, de Lancelot du Lac (G. Burg, de Valentin et Orson (M. Colombo Timelli et de Méliadus chevalier de la Croix (A. Réach-Ngô met ainsi au jour les diverses formes de circulation, d’adaptation et de réappropriation que les ateliers parisiens et lyonnais confèrent aux œuvres romanesques qui passent sous leurs presses tout au long du siècle. The first part of the file Via Lyon (Carte Romanze 2/2 [2014] analyzed the role of economic and cultural crossroad of Lyon city in the constitution of an editorial identity of novels published in France in the sixteenth century. The study of these «novels’ route» leads to situate the concept of «Lyon step» in the dynamics which animates the two major French printing centers of the Renaissance. The editorial peregrinations, from Paris to Lyon and from Lyon to Paris, of three french novels, Lancelot du Lac (G. Burg, Valentin and Orson (M. Colombo Timelli and Méliadus chevalier de la Croix (A. Réach-Ngô, shows the various forms of circulation, adaptation and reappropriation that various Parisian and Lyon workshops give to novels they print throughout the century. 

Third-party Reverse logistics platform and method Based on Bilateral Resource Integration

Directory of Open Access Journals (Sweden)

Zheng Hong Zhen

2016-01-01

Full Text Available Dispersion of reverse logistics resources makes it difficult to create relationships between demanders and providers, thereby the personalized demand for the construction of enterprise reverse logistics cannot be satisfied and the service quality cannot be guaranteed. Aiming at these problems, this paper presents a platform and method of enterprise reverse logistics based on bilateral resource integration (RLBRI. The method creates a third-party reverse logistics platform to accumulate a mass of reverse logistics demanders and providers together. And the platform integrates bilateral resources and acts as an intermediary to establish relationships between two sides. Through the platform, a complete and high-quality business chain for enterprise reverse logistics will be built efficiently. Finally put forward an effective strategy of non-defective reverse logistics depends on the integrity checking service provided by third-party logistics. By using this strategy it can short the distance of non-defective reverse transportation. Computational tests validate the strategy.

Balancing platform control and external contribution in third-party development: the boundary resources model

DEFF Research Database (Denmark)

Ghazawneh, Ahmad; Henfridsson, Ola

2013-01-01

Prior research documents the significance of using platform boundary resources (e.g. application programming interfaces) for cultivating platform ecosystems through third-party development. However, there are few, if any, theoretical accounts of this relationship. To this end, this paper proposes......-party development: self-resourcing, regulation-based securing, diversity resourcing and sovereignty securing. Our research extends and complements existing platform literature and contributes new knowledge about an alternative form of system development...

Inter Organizational Relationships Performance in Third Party Logistics: conceptual framework and case study

NARCIS (Netherlands)

Aziz, Romana; Aziz, R.; van Hillegersberg, Jos; Kumar, Kuldeep; Kersten, W.; Blecker, T.; Luthje, C.

2010-01-01

Supplier relationship management is an important challenge for shippers in logistics outsourcing. This paper attempts to understand the factors which affect inter organizational relationships performance in third party logistics and proposes a conceptual framework specifically for inter

Segmentasi Pasar Penyedia Jasa Logistik (Third Party Logistics) di Indonesia

OpenAIRE

Darjat Sudrajat

2012-01-01

Market segmentation is fundamental in marketing strategy and the first step of market-based strategy preparation, to strengthen its marketing efficiency, and creating opportunities for sales growth and profits. This also applies to market segmentation logistics service providers (TPL - Third Party Logistics), the market is highly developed in the last decade, so that the logistics service providers has to develop marketing strategies properly. The purpose of this research is to gain a better ...

The Spies We Trust: Third Party Service Providers and Law Enforcement Surveillance

Science.gov (United States)

Soghoian, Christopher

2012-01-01

Telecommunications carriers and service providers now play an essential role in facilitating modern surveillance by law enforcement agencies. The police merely select the individuals to be monitored, while the actual surveillance is performed by third parties: often the same email providers, search engines and telephone companies to whom consumers…

Performance evaluation on air pollution reducing facilities and mechanism research on the third-party governance on environmental pollution

Science.gov (United States)

Bingsheng, Xu; Ling, Lin; Jin, Huang; Geng, Wang; Jianhua, Chen; Shuo, Yang; Huiting, Guo

2017-11-01

The paper focuses on developing the operational efficiency of air pollution reducing facilities and the treatment effect of the third-party governance on environmental pollution. Comprehensive analysis method and influence factor analysis are employed to build an evaluation index system by means of discussing major pollution control factors derived from the performance of pollution control equipment operation, environmental protection, technological economy, recourse consumption and manufacturing management. Based on the pattern of environmental pollution control offered by the third-party company, the static games model is further established between the government and the pollution emission firm by considering the whole process of the pollution abatement including investment, construction and operation of the treatment project, which focuses on establishing the policy condition and consequence by discussing the cost and benefit in a short and a long time, respectively. The research results can improve the market access requests of the pollution control equipment and normalize the environmental protection service offered by the third-party company. Moreover, the establishment of the evaluation index system for pollution control equipment and the evaluation mechanism for the third-party governance on environmental pollution has guiding significance on leading environmental protection industry and promoting market-oriented development

Strong Federations: An Interoperable Blockchain Solution to Centralized Third-Party Risks

OpenAIRE

Dilley, Johnny; Poelstra, Andrew; Wilkins, Jonathan; Piekarska, Marta; Gorlick, Ben; Friedenbach, Mark

2016-01-01

Bitcoin, the first peer-to-peer electronic cash system, opened the door to permissionless, private, and trustless transactions. Attempts to repurpose Bitcoin's underlying blockchain technology have run up against fundamental limitations to privacy, faithful execution, and transaction finality. We introduce \\emph{Strong Federations}: publicly verifiable, Byzantine-robust transaction networks that facilitate movement of any asset between disparate markets, without requiring third-party trust. \\...

A victim-centered approach to justice? Victim satisfaction effects on third-party punishments.

Science.gov (United States)

Gromet, Dena M; Okimoto, Tyler G; Wenzel, Michael; Darley, John M

2012-10-01

Three studies investigated whether victims' satisfaction with a restorative justice process influenced third-party assignments of punishment. Participants evaluated criminal offenses and victims' reactions to an initial restorative justice conference, and were later asked to indicate their support for additional punishment of the offender. Across the three studies, we found that victim satisfaction (relative to dissatisfaction) attenuates people's desire to seek offender punishment, regardless of offense severity (Study 2) or conflicting reports from a third-party observer (Study 3). This relationship was explained by the informational value of victim satisfaction: Participants inferred that victims felt closure and that offenders experienced value reform, both of which elevated participants' satisfaction with the restorative justice outcome. The informational value communicated by victim satisfaction, and its criminal justice implications, are discussed. PsycINFO Database Record (c) 2012 APA, all rights reserved.

Privacy rights in mental health counseling: Constitutional confusion and the voicelessness of third parties in criminal cases.

Science.gov (United States)

Murphy, Wendy J

2011-01-01

The past 20 years of criminal law and practice have produced much heat but little light on the issue of when, if ever, the accused in a criminal case can legitimately seek disclosure of a victim's privileged files that exist exclusively in the custody of a private third party. In many jurisdictions, forced disclosure is routine, and victims must choose between justice and privacy, resulting in either the dismissal or underprosecution of serious violence or the victim's opting to forego necessary treatment. This dilemma is disproportionately imposed on women and child victims of sexual violence, and it threatens to prevent healing for a significant percentage of victimized persons. This article outlines the legal and policy interests of third parties in this debate and offers a model set of procedures to protect against needless harm to third parties, while respecting the important rights of the criminally accused.

Website Blocking: Evolution or Revolution? 10 Years of Copyright Enforcement by Private Third Parties

Directory of Open Access Journals (Sweden)

Ellen Marja Wesselingh

2014-11-01

Full Text Available

Copyright enforcement by private third parties – does it work uniformly across the EU? Since the inception of Napster, home copying of digital files has taken flight. The first providers of software or infrastructure for the illegal exchange of files were held contributory or vicariously liable for copyright infringement. In response, they quickly diluted the chain of liability to such an extent that neither the software producers, nor the service providers could be held liable. Moving further down the communication chain, the rights holders are now requiring Internet Service Providers (ISPs that provide access to end customers to help them with the enforcement of their rights. This article discusses case law regarding the enforcement of copyright by Internet Access Providers throughout Europe. At first glance, copyright enforcement has been harmonised by means of a number of directives, and article 8(3 of the Copyright Directive (2001/29/EC regulates that EU Member States must ensure the position of rights holders with regard to injunctions against ISPs. Problem solved? Case law from Denmark, Ireland, Belgium, Norway, England, The Netherlands, Austria and the Court of Justice of the EU was studied. In addition, the legal practice in Germany was examined. The period of time covered by case law is from 2003 to 2013; the case law gives insight into the differences that still exist after implementation of the directive.

Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment.

Science.gov (United States)

Ginther, Matthew R; Bonnie, Richard J; Hoffman, Morris B; Shen, Francis X; Simons, Kenneth W; Jones, Owen D; Marois, René

2016-09-07

The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. Although it is well established that the mental state of the offender and the severity of the harm he caused are the two primary predictors of punishment decisions, the precise cognitive and brain mechanisms by which these distinct components are evaluated and integrated into a punishment decision are poorly understood. Using fMRI, here we implement a novel experimental design to functionally dissociate the mechanisms underlying evaluation, integration, and decision that were conflated in previous studies of third-party punishment. Behaviorally, the punishment decision is primarily defined by a superadditive interaction between harm and mental state, with subjects weighing the interaction factor more than the single factors of harm and mental state. On a neural level, evaluation of harms engaged brain areas associated with affective and somatosensory processing, whereas mental state evaluation primarily recruited circuitry involved in mentalization. Harm and mental state evaluations are integrated in medial prefrontal and posterior cingulate structures, with the amygdala acting as a pivotal hub of the interaction between harm and mental state. This integrated information is used by the right dorsolateral prefrontal cortex at the time of the decision to assign an appropriate punishment through a distributed coding system. Together, these findings provide a blueprint of the brain mechanisms by which neutral third parties render punishment decisions. Punishment undergirds large-scale cooperation and helps dispense criminal justice. Yet it is currently unknown precisely how people assess the mental states of offenders, evaluate the harms they caused, and integrate those two components into a single punishment decision. Using a new design, we isolated

New legislation on civil liability for nuclear facilities; Nueva legislacion sobre responsabilidad civil en instalaciones nucleares

Energy Technology Data Exchange (ETDEWEB)

NONE

2011-07-01

The criteria followed by the new regulation is to both qualitatively and quantitatively broaden the liability of a nuclear power plant operator. This increase, in both senses, goes above and beyond what the traditional insurance market is technically in a position to handle. This has resulted in the need for public funds to cover what the insurance companies cannot. Enforcement of the requirements of the new regulation has been postponed because most of the signatory countries have not ratified the 2004 Protocol to the Paris convention. At this time it is difficult to say when this will take place. (Author)

Knowledge Integrated Business Process Management for Third Party Logistics Companies

OpenAIRE

Zhang, Hongyan

2013-01-01

The growing importance of logistics as well as the increasing dynamic complexity of markets, technologies, and customer needs has brought great challenges to logistics. In order to focus on their core competency in such a competitive environment, more and more companies have outsourced a part or the entirety of the logistics process to third party logistics (3PL) service providers. 3PL has played a crucial role in managing logistics processes within supply chain management. Logistics processe...

Nuclear Insurance Pools: Worldwide Practice and Development

International Nuclear Information System (INIS)

Reitsma, S. M. S.

1998-01-01

The development of nuclear installations to produce electricity led to the establishment of Nuclear Insurance Pools and the introduction of international Conventions on Third Party Liability. Nuclear Pools offer both Third Party Liability insurance, reflecting the Conventions' principles, and other insurance products. They are market-wide, providing a facility for participation by insurers who could not otherwise write the insurance for the particularly sensitive nuclear risk. All acceptances are for the net retention of each Member without recourse to individual reinsurance protection. Common account reinsurance is arranged with other Nuclear Pools all over the world. Thus, a transparency is created, which ensures the highest degree of reinsurance security and imposes a known finite limit to each participating insurer's commitment. Therefore, Pool-members are prepared to make a greater commitment to nuclear risks than would be case where they felt uncertain as regards their total exposure following a significant loss. (author)

Civil liability for nuclear damage

International Nuclear Information System (INIS)

1963-01-01

An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

Paris agreement in the light of the objectives and principles of the contemporary policy and environmental law

Directory of Open Access Journals (Sweden)

Todić Dragoljub

2016-01-01

Full Text Available The author points to the overall context of the discussion about the problems related to Climate change. The paper analyzes the provisions of the Paris Agreement, adopted on the 21st Conference of the Parties of the UN Framework Convention on Climate Change (Paris, December, 2015. The overall context of the discussion is determined by the content and significance of the objectives and principles defined in the Paris Agreement in relation to the goals and principles of the contemporary policy and environmental law in general. Particular emphasis is given to the place and importance of the objectives related to human rights (the right to a healthy environment and sustainable development. The central part of the paper examines the significance of the objectives and principles in the field of the climate change that are contained in the provisions of the UN Framework Convention on Climate Change with the Kyoto Protocol and other relevant international agreements relevant to climate change that were adopted prior to the Paris Agreement. Further on, the provisions of the Paris Agreement are analyzed, and in particular the parts relating to the objectives and principles. The last part of the paper gives an overview of the relevance of the solutions contained in the Paris Agreement for the Republic of Serbia. Paper provides an overview of the basic strategic and normative elements of national policy in the field of climate change, including the question of objectives and principles. In addition to that it considers the thesis that Paris agreement, aside from the elements of the continuity as the successor of the Kyoto protocol, contains a new element regarding goals and principles of international community's activities in the climate change field.

Protection of third parties by collateral clauses of plan approvals or licenses

International Nuclear Information System (INIS)

Badura, P.

1989-01-01

This contribution discusses the regulatory functions of collateral clauses of plan approvals or licences, the legal protection of the constitutional and other rights of third parties in connection with the licensing of installations or similar projects, infringements of such rights and means of defence, and protection of neighbours under public law against noise. (RST) [de

Multinationals' accountability on sustainability: the evolution of third-party assurance of sustainability reports

NARCIS (Netherlands)

Perego, P.; Kolk, A.

2012-01-01

In this article we explore how multinational corporations (MNCs) adopt assurance practices to develop and sustain organizational accountability for sustainability. Using a panel of Fortune Global 250 firms over a period of 10 years, we document the diffusion patterns of third-party assurance of

The legal character and operational relevance of the Paris Agreement's temperature goal

Science.gov (United States)

Rajamani, Lavanya; Werksman, Jacob

2018-05-01

This article assesses the legal character and operational relevance of the Paris Agreement's 1.5°C temperature goal. This article begins with a textual analysis of the 1.5°C goal. It considers whether the goal creates individual or collective obligations for Parties, and whether it is sufficiently specific to enable the tracking of individual or collective performance. Next, it assesses the operational relevance of the 1.5°C temperature goal, by considering the role it will play in the Paris Agreement's institutions and procedures. To the extent that the goal plays a role, and implies global limits on greenhouse gas emissions, this article observes that it could have implications for the sharing of the effort between Parties. Thus, this article considers the relevance of equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances, to understanding how the 1.5°C goal could be reached. In this context, this article explores whether the 1.5°C goal could play a role in the Paris Agreement's `ambition cycle'. Finally, this article asks whether there are any legal or political implications, individually or collectively under the Paris Agreement, should the Parties fail to achieve the 1.5°C goal. This article is part of the theme issue `The Paris Agreement: understanding the physical and social challenges for a warming world of 1.5°C above pre-industrial levels'.

30 CFR 280.42 - When geological data and information are obtained by a third party, what must we both do?

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 2 2010-07-01 2010-07-01 false When geological data and information are... SULPHUR ON THE OUTER CONTINENTAL SHELF Data Requirements Geological Data and Information § 280.42 When geological data and information are obtained by a third party, what must we both do? A third party may obtain...

‘My colleague’: Third party and generalization of referents in reports involving unprotected sexual activities

Directory of Open Access Journals (Sweden)

Minéia Frezza

2017-06-01

Full Text Available In this article, by means of the Conversation Analytical perspective (Sacks, Schegloff, & Jefferson, 1974, we analyze phone calls initiated by female callers to a toll free, government-run health helpline that offers information about transmission, symptoms and prevention of diseases, and referrals to health centers. The paper aims at analyzing how the participants (callers and call takers refer to the beneficiary of the requested information. Some callers, despite being informed that all calls are anonymous, avoid revealing that they themselves are the beneficiary of the information, and thus attribute to third parties the need for the information, a phenomenon we call here ‘third party referencing’. Other callers refer to the beneficiary of the information as ‘women’, ‘people’, ‘someone’ etc., a phenomenon we call here as ‘generalization’. When making use of third party referencing or of generalizations to talk about the beneficiary of the information, callers exempt themselves of the responsibility for something that might be seen as ‘morally questionable’ (Bergmann, 1992, e.g., having unprotected sexual intercourse. An analysis of how such negotiation unfolds becomes particularly relevant for the context investigated here, as the existence of an actual beneficiary for the information reveals itself as decisive for referrals to health centers to happen.

Is there a role for third parties in the prevention of nuclear war

International Nuclear Information System (INIS)

Wallensteen, P.

1991-01-01

Power has an important, but elusive, factor in mediation and conflict resolution. This is clear from a foregoing discussion of relations between parties of different status and of the participation of major powers as mediators. This paper discusses the two situations that are most relevant for the problem of nuclear war: the relations between major powers themselves, and the relations between major powers and regional conflicts with a potential of escalation. These situations differ in ways that affect the possibilities and usefulness of third-party activities. some conclusions on mediation can be drawn for each specific category and for more general ones

THIRD PARTY SANCTIONS IN GAMES WITH COMMUNICATION

Directory of Open Access Journals (Sweden)

Obłój Jan

2017-06-01

Full Text Available This paper discusses the relation between communication and preservation of social norms guarded by third-party sanctions. In 2001 Jonathan Bendor and Piotr Swistak derived deductively the existence of such norms from a simple boundedly rational choice model. Their analysis was based on a perfect public information case. We take into account communication and analyse at the micro level the process of production and interpretation of information on which decisions are based. We show that when information is fully private and we allow for communication a state of anomie can result. If some social control mechanisms are available, social stability can be maintained. The less efficient the social control mechanisms however, the more restrictive rules will be needed to sustain the social norms. Furthermore not all cognitive strategies for interpreting received messages are equally effective. Strategies based on reputation are better than strategies based on profit analysis.

Risk management and liability for environmental harm caused by ...

African Journals Online (AJOL)

This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for ...

Parties at the convention of the United Nations on climatic change and second meeting of the parties to the Kyoto protocol

International Nuclear Information System (INIS)

2006-01-01

Kenya hosted the second meeting of the Parties to the Kyoto Protocol in conjunction with the twelfth session of the conference of the Parties to the climatic change convention, in Nairobi from 6 to 17 November 2006. This document presents in a first part the key areas discussed at Nairobi; in a second part the international framework with the consequences of the Kyoto protocol implementation; and in the last part the demonstrable progresses of the France in the policy effects, tendencies concerning the greenhouse gases and the respect of the commitments. (A.L.B.)

Third-Party Retaliation and the Psychology of Deterrence: Mapping the Psychological Mechanisms that Regulate Retaliation on Behalf of Others

Science.gov (United States)

2015-09-03

variously that its function is, for example, to re-build threatened self - esteem , to obtain enjoyment or satisfaction, or to balance a moral ledger...AFRL-AFOSR-VA-TR-2015-0334 Third-Party Retaliation and the psychology of deterrence: Mapping the psychological mechanisms that regulateretaliation...3. DATES COVERED (From - To) 05/01/2012-04/30/2015 4. TITLE AND SUBTITLE Third-Party Retaliation and the psychology of deterrence: mapping the

Understanding the adoption of third-party online payment : An empirical study of user acceptance of Alipay in China

OpenAIRE

Lin, Rui; Xie, Junsheng

2014-01-01

With the development of online shopping, the number of third-party online payment systems increases. Alipay is a commonly used third-party online payment system among Chinese consumers. The purpose of this study was to explore the factors that affect the users’ acceptance of Alipay among Chinese B2C customers. This study adopts a deductive, theory testing approach. Based on the model of Unified Theory of Acceptance and Use of Technology (UTAUT), a research model and hypotheses were proposed. ...

Social host liability for minors and underage drunk-driving accidents.

Science.gov (United States)

Dills, Angela K

2010-03-01

Social host laws for minors aim to reduce teenage alcohol consumption by imposing liability on adults who host parties. Parents cite safety reasons as part of their motivation for hosting parties, preferring their teens and their teens' friends to drink in a supervised and safe locale. Both sides predict an effect of social host liability for minors on alcohol-related traffic accident rates for under-aged drinkers; the effects, however, work in opposite directions. This paper finds that, among 18-20 year olds, social host liability for minors reduced the drunk-driving fatality rate by 9%. I find no effect on sober traffic fatalities. Survey data on drinking and drunk driving suggest the declines resulted mostly from reductions in drunk driving and not reductions in drinking. Copyright 2009 Elsevier B.V. All rights reserved.

Failure to adapt infrastructure: is legal liability lurking for infrastructure stakeholders

International Nuclear Information System (INIS)

Gherbaz, S.

2009-01-01

'Full text:' Very little attention has been paid to potential legal liability for failing to adapt infrastructure to climate change-related risk. Amendments to laws, building codes and standards to take into account the potential impact of climate change on infrastructure assets are still at least some time away. Notwithstanding that amendments are still some time away, there is a real risk to infrastructure stakeholders for failing to adapt. The legal framework in Canada currently permits a court, in the right circumstances, to find certain infrastructure stakeholders legally liable for personal injury and property damage suffered by third parties as a result of climate change effects. This presentation will focus on legal liability of owners (governmental and private sector), engineers, architects and contractors for failing to adapt infrastructure assets to climate change risk. It will answer commonly asked questions such as: Can I avoid liability by complying with existing laws, codes and standards? Do engineers and architects have a duty to warn owners that existing laws, codes and standards do not, in certain circumstances, adequately take into account the impact of climate change-related risks on an infrastructure asset? And do professional liability insurance policies commonly maintained by architects, engineers and other design professionals provide coverage for a design professional's failure to take into account climate change-related risks?. (author)

-Climate: the key objectives of the Paris 2015 Agreement

International Nuclear Information System (INIS)

Damian, Michel; Abbas, Mehdi; Berthaud, Pierre

2015-01-01

The present article focuses on the already discernable key objectives of the climate agreement due to be signed in December 2015 in Paris, to come into force in 2020. The agreement - promoted by the G2 USA-China - will be based exclusively on 'national policies', turning its back on the first climate policy enshrined in the Kyoto Protocol, synonymous with an outdated, top-down architecture and hopes of a binding international agreement. All states, including those, such as China, which the Kyoto Protocol placed in the list of developing countries, are expected to propose 'intended nationally determined contributions' to cutting greenhouse gas emissions. These contributions are heterogeneous, with only modest medium-term targets, and not legally binding. The Paris Agreement will represent a turning point, heralding a new climate governance in the continuation of state-centered governance, but henceforth on a global scale. In other words the agreement will take into account the preferences of the 196 parties to the 1992 Framework Convention on Climate Change, in particular those of the most powerful among their number. We maintain that this agreement will change the course of climate change mitigation and adaptation for decades

Civil liability on nuclear activities

International Nuclear Information System (INIS)

Bittar, C.A.

1982-01-01

The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

48 CFR 352.228-7 - Insurance-liability to third persons.

Science.gov (United States)

2010-10-01

... not caused by the negligence of the Contractor or the Contractor's agents, servants, or employees, and... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting... tort liability as a State agency, the Contracting Officer shall substitute the following paragraphs (a...

General report of the Insurance Study Committee

International Nuclear Information System (INIS)

1988-01-01

This general report gives the main objectives which the Insurance Study Committee intends to follow, an overview of the work undertaken from 1985-1988 and some points that the Committee considers its duty to underline, propose or recommend in the field of risk management. It concludes with the report of the Group of Experts on Third Party Liability and Nuclear Insurance, set up in 1986 to study and prepare the position to be taken by UNIPEDE on nuclear third party liability matters at the Group of Governmental Experts on Nuclear Third Party Liability and at the IAEA Standing Committee on Civil Liability for Nuclear Damage [fr

Oxytocin modulates third-party sanctioning of selfish and generous behavior within and between groups

NARCIS (Netherlands)

Daughters, K.; Manstead, A.S.R.; Ten Velden, F.S.; De Dreu, C.K.W.

Human groups function because members trust each other and reciprocate cooperative contributions, and reward others’ cooperation and punish their non-cooperation. Here we examined the possibility that such third-party punishment and reward of others’ trust and reciprocation is modulated by oxytocin,

Tiering Effects in Third-party Logistics: A First-tier Buyer Perspective

OpenAIRE

Vainionpää, Mikael M.

2010-01-01

This doctoral dissertation takes a buy side perspective to third-party logistics (3PL) providers’ service tiering by applying a linear serial dyadic view to transactions. It takes its point of departure not only from the unalterable focus on the dyad levels as units of analysis and how to manage them, but also the characteristics both creating and determining purposeful conditions for a longer duration. A conceptual framework is proposed and evaluated on its ability to capture logistics se...

System dynamics research of remanufacturing closed-loop supply chain dominated by the third party.

Science.gov (United States)

Miao, Shidi; Wang, Tengfei; Chen, Deyun

2017-04-01

With the rapid development of the electronic information industry in recent years, electronic products are being updated faster and faster, and e-waste recycling has become a common problem around the world. Firstly, this article contrasts recycling at home and abroad using the predicament of Midea Corp. Based on a closed-loop supply chain with the system dynamics method, a model is constructed and simulated. In this model, the collection point coverage rate is introduced to adjust the e-waste recycling rate dynamically. Aiming at a recycling mode dominated by the third party of the closed-loop supply chain, the article mainly discusses the impact on the sales rate and market share of the recycling model by third-party enterprises and compares the total revenue of all supply chains. Simulation results show that the model is more effective and optimal than the traditional recycling model.

Manual for national implementation of the Chemical Weapons Convention

Energy Technology Data Exchange (ETDEWEB)

Kellman, B. [DePaul Univ., Chicago, IL (United States); Tanzman, E.A.; Gualtieri, D.S.; Grimes, S.W. [Argonne National Lab., IL (United States)

1993-12-01

The Convention on the Prohibition on the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, opened for signature, January 13, 1993, in Paris, France (CWC), is an unprecedented multilateral effort to eradicate an entire category of weapons of mass destruction and assure their continued absence through international verification. The CWC has been signed by over 150 nations, and is expected to enter into force in 1995. With its far-reaching system to verify compliance, the CWC presages a new foundation for international security based neither on fear nor on trust, but on the rule of law. A central feature of the CWC is that it requires each State Party to take implementing measures to make the Convention operative. The CWC goes beyond all prior arms control treaties in this regard. For this approach to succeed, and to inspire the eradication of other categories of mass destruction weaponry, coordination and planning are vital to harmonize CWC national implementation among States Parties. This Manual for National Implementation of the Chemical Weapons Convention is designed to assist States Parties, duly taking into account the distinctive aspects of their legal systems, in maximizing CWC enforcement consistent with their national legal obligations.

Joint Convention on the safety of spent fuel management and on the safety of radioactive waste management. Third review meeting. Questions asked to France and answers

International Nuclear Information System (INIS)

2009-01-01

The Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management, referred to as the 'Joint Convention', is the result of international discussions that followed the adoption of the Convention on Nuclear Safety, in 1994. France signed the Joint Convention at the General Conference of the International Atomic Energy Agency (IAEA) held on 29 September 1997, the very first day the Joint Convention was opened for signature. She approved it on 22 February 2000 and filed the corresponding instruments with the IAEA on 27 April 2000. The Joint Convention entered into force on 18 June 2001. For many years, France has been taking an active part in the pursuit of international actions to reinforce nuclear safety and considers the Joint Convention to be a key step in that direction. The fields covered by the Joint Convention have long been part of the French approach to nuclear safety. For his third report, France presented a document reflecting the viewpoints of the various stakeholders (regulatory authorities and operators). Thus, for each of the chapters in which the regulatory authority is not the only party to express its point of view, a three-stage structure was adopted: first of all a description by the regulatory authority of the regulations, followed by a presentation by the operators of the steps taken to meet the regulations and finally, an analysis by the regulatory authority of the steps taken by the operators. This third report was distributed in October 2008 to all Contracting Parties who asked 213 questions on the French report. France answered each of them in the present document

Third-Party Intervention in Asymmetric Conflict Resolution Pasar Raya Padang Post-Earthquake in 2009

Directory of Open Access Journals (Sweden)

Putra Ikhsan Muharma

2018-01-01

Full Text Available After earthquake 30 September 2009 Raya Market Padang began to be disturbed. Padang City Government responded quickly with construction of an emergency store, but has Opposed by some traders because decreased profits and low visitors. This condition triggered a long conflict and has been going on for five years (2009-2014. Many efforts have been made by stakeholders to find a conflict resolution, so it is important to further elaborate who actor has become a third party facilitating asymmetric conflict resolution. Based on the findings, the parties who really are in the position of a third party is the DPRD of Padang City and KOMNASHAM RI. The DPRD of Padang is structurally in the position of the government, but its function is as a representative of the people in the government. This position makes the slices between the DPRD and the traders as the people (constituents and slices with Padang City Government as executive of the city government. The intervention undertaken by the DPRD was Hearing to Raya Market traders, and involving their representatives at the hearing, the DPRD working meeting discussing the issues related in 2nd Commission. Other interventions are controlling the rehabilitation and reconstruction process, and the realization of budgeting in APBD based on the needs of traders.

Managing water utility financial risks through third-party index insurance contracts

Science.gov (United States)

Zeff, Harrison B.; Characklis, Gregory W.

2013-08-01

As developing new supply capacity has become increasingly expensive and difficult to permit (i.e., regulatory approval), utilities have become more reliant on temporary demand management programs, such as outdoor water use restrictions, for ensuring reliability during drought. However, a significant fraction of water utility income is often derived from the volumetric sale of water, and such restrictions can lead to substantial revenue losses. Given that many utilities set prices at levels commensurate with recovering costs, these revenue losses can leave them financially vulnerable to budgetary shortfalls. This work explores approaches for mitigating drought-related revenue losses through the use of third-party financial insurance contracts based on streamflow indices. Two different types of contracts are developed, and their efficacy is compared against two more traditional forms of financial hedging used by water utilities: Drought surcharges and contingency funds (i.e., self-insurance). Strategies involving each of these approaches, as well as their use in combination, are applied under conditions facing the water utility serving Durham, North Carolina. A multireservoir model provides information on the scale and timing of droughts, and the financial effects of these events are simulated using detailed data derived from utility billing records. Results suggest that third-party index insurance contracts, either independently or in combination with more traditional hedging tools, can provide an effective means of reducing a utility's financial vulnerability to drought.

Contingency Contractor Optimization Phase 3 Sustainment Third-Party Software List - Contingency Contractor Optimization Tool - Prototype

Energy Technology Data Exchange (ETDEWEB)

Durfee, Justin David; Frazier, Christopher Rawls; Bandlow, Alisa

2016-05-01

The Contingency Contractor Optimization Tool - Prototype (CCOT-P) requires several third-party software packages. These are documented below for each of the CCOT-P elements: client, web server, database server, solver, web application and polling application.

Nuclear damage - civil liability

International Nuclear Information System (INIS)

Simoes, A.C.

1980-01-01

An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

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

International Nuclear Information System (INIS)

Pelzer, Norbert

2015-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Pelzer, Norbert

2015-06-15

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

International Law governing the Safe and Peaceful Uses of Nuclear Energy

International Nuclear Information System (INIS)

Jankowitsch-Prevor, O.

2002-01-01

1. The International Governmental Institutions. History and mandates: IAEA, OECD/NEA, EURATOM. 2. International Treaties and Conventions: The Peaceful Uses of Nuclear Energy: Commitment and Verification (the NPT, Safeguards Agreements with the IAEA, The Additional protocol, Regional Non-proliferation Treaties); the Physical protection of Nuclear Material (Convention on the Physical Protection of Nuclear Material); Civil Liability for Nuclear Damage (Vienna Convention on the Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention, Paris Convention on Civil Liability, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, Convention on Supplementary compensation for Nuclear Damage); In case of Nuclear Accident: Notification and Assistance (Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency); International Law Governing Nuclear Safety (Nuclear Safety Convention, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management). 3. Relationship between International and National Law