Problems concerning the Federal Government-Laender relationship in nuclear law

International Nuclear Information System (INIS)

Lange, K.

1990-01-01

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

Government Contract Law Textbook - 1982 Edition,

Science.gov (United States)

1982-03-01

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

Testing wagner's law of government size for South Africa, 1950-2008

African Journals Online (AJOL)

wise, the results imply that development plans of South Africa must incorporate such fiscal policy measures that would guarantee commensurate growth in government revenue. Keywords: Wagner's law; co-integration; causality; government size; ...

Seeding Solutions Volume 2: Options for National Laws Governing ...

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

2001-01-01

Jan 1, 2001 ... ... 2: Options for National Laws Governing Access To and Control Over Genetic ... to the ownership, conservation, and exchange of genetic resources. ... partnering on a new initiative, aimed at reducing the emerging risk that.

Questions concerning constitutional law - Lander administration on behalf of the Federal Government

International Nuclear Information System (INIS)

Ossenbuehl, F.

1991-01-01

The lecture gives a basic perspective of a reform of the Laender administration on behalf of the Federal Government and first covers its nature, purpose and structure with respect to the atomic energy administration after the latest decisions of the Federal Constitutional Court. There follows a section on the constitutional and administrative reality of the Laender administration on behalf of the Federal Government as applied to atomic energy law, in which three conflict cases are pointed out. The last section gives an appraisal from the points of view of loyalty in execution, instruments of control (general administrative regulations - single directives - general directives), scope of the Laender administration on behalf of the Federal Government. It is determined whether the situations envisaged by the norms coincide with reality, where there are deficits and how they can be ameliorated by reform. As the Laender administration on behalf of the Federal Government is shaped on constitutional law it is only periphally accessible to an amendment of atomic energy law through normal legislation. (HSCH) [de

48 CFR 3053.222-70 - Application of labor laws to Government acquisitions.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Application of labor laws... Prescription of Forms 3053.222-70 Application of labor laws to Government acquisitions. The following form is prescribed for use in connection with the application of labor laws, as specified in (HSAR) 48 CFR 3022.406-9...

Governance in genomics: a conceptual challenge for public health genomics law

Directory of Open Access Journals (Sweden)

Tobias Schulte in den Bäumen

2006-12-01

Full Text Available Increasing levels of genomic knowledge has led to awareness that new governance issues need to be taken into consideration. While some countries have created new statutory laws in the last 10 years, science supports the idea that genomic data should be treated like other medical data. In this article we discuss the three core models of governance in medical law on a conceptual level. The three models, the Medical, Public Health and Fundamental Rights Model stress different values, or in legal terms serve different principles. The Medical Model stands for expert knowledge and the standardisation of quality in healthcare. The Public Health Model fosters a social point of view as it advocates distribution justice in healthcare and an awareness of healthcare as a broader concept. The Fundamental Rights Model focuses on individual rights such as the right to privacy and autonomy. We argue that none of the models can be used in a purist fashion as governance in genomics should enable society and individuals to protect individual rights, to strive for a distribution justice and to ensure the quality of genomic services in one coherent process. Thus, genomic governance in genomics requires procedural law and a set of applicable principles. The principle which underlies all three models is the principle of medical beneficence. Therefore genomic governance should refer to it as a key principle when conflicting rights of individuals or communities need to be balanced.

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

DEFF Research Database (Denmark)

Mitkidis, Katerina

2017-01-01

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

Rule of Law Dynamics in an Era of International and Transnational Governance

NARCIS (Netherlands)

Zürn, M.; Nollkaemper, A.; Peerenboom, R.

2011-01-01

The international and transnational nature of modern governance presents major challenges for the rule of law promotion agenda, at a time when the less than stellar results of traditional state-oriented rule of law promotion have led to increased doubts about the wisdom and feasibility of the

Private financing and operation of a space station: Investment requirements, risk, government support and other primary business management considerations

Science.gov (United States)

Simon, M.

1982-01-01

Private investment in a manned space station is considered as an alternative to complete government sponsorship of such a program. The implications of manned space operations are discussed from a business perspective. The most significant problems and risks which would be faced by a private company involved in a space station enterprise are outlined and possible government roles in helping to overcome these difficulties suggested. Economic factors such as inflation and the rate of interest are of primary concern, but less obvious conditions such as antitrust and appropriate regulatory laws, government appropriations for space activities, and national security are also considered.

31 CFR 357.10 - Laws governing a Treasury book-entry security, TRADES, and security interests or entitlements.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Laws governing a Treasury book-entry... PUBLIC DEBT REGULATIONS GOVERNING BOOK-ENTRY TREASURY BONDS, NOTES AND BILLS HELD IN LEGACY TREASURY DIRECT Treasury/Reserve Automated Debt Entry System (TRADES) § 357.10 Laws governing a Treasury book...

Faith and Scepticism in Private International Law: Trust, Governance, Politics, and Foreign Judgments

NARCIS (Netherlands)

C. Whytock (Christopher)

2014-01-01

markdownabstract__abstract__ In both the European Union (EU) and the United States (US), the law governing the enforcement of foreign judgments is evolving, but in different directions. EU law, especially after the elimination of exequatur by the 2012 ’Recast’ of the Brussels I Regulation,

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

Science.gov (United States)

Henderson, Ana; Fry, Christine R

2011-01-01

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

31 CFR 354.2 - Law governing rights and obligations of Federal Reserve Banks, and Sallie Mae; rights of any...

Science.gov (United States)

2010-07-01

... on the books of a Federal Reserve Bank pursuant to § 354.4(c)(1), is governed by the law (not... recorded on the books of a Federal Reserve Bank pursuant to § 354.14(c)(1), is governed by the law... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Law governing rights and obligations...

Bringing Democratic Governance into Practice: Policy Enactments Responding to Neoliberal Governance in Spanish Public Schools

Science.gov (United States)

Prieto-Flores, Òscar; Feu, Jordi; Serra, Carles; Lázaro, Laura

2018-01-01

This article explores different ways in which public primary schools sustain democratic governance structures created beyond those mandated by law in Spain. These new institutional designs, while not opposed to policy text requirements of having a governing body with representatives of parents, teachers and public administration, are being carried…

Micromechanics of Composite Materials Governed by Vector Constitutive Laws

Science.gov (United States)

Bednarcyk, Brett A.; Aboudi, Jacob; Arnold, Steven M.

2017-01-01

The high-fidelity generalized method of cells micromechanics theory has been extended for the prediction of the effective property tensor and the corresponding local field distributions for composites whose constituents are governed by vector constitutive laws. As shown, the shear analogy, which can predict effective transverse properties, is not valid in the general three-dimensional case. Consequently, a general derivation is presented that is applicable to both continuously and discontinuously reinforced composites with arbitrary vector constitutive laws and periodic microstructures. Results are given for thermal and electric problems, effective properties and local field distributions, ordered and random microstructures, as well as complex geometries including woven composites. Comparisons of the theory's predictions are made to test data, numerical analysis, and classical expressions from the literature. Further, classical methods cannot provide the local field distributions in the composite, and it is demonstrated that, as the percolation threshold is approached, their predictions are increasingly unreliable. XXXX It has been observed that the bonding between the fibers and matrix in composite materials can be imperfect. In the context of thermal conductivity, such imperfect interfaces have been investigated in micromechanical models by Dunn and Taya (1993), Duan and Karihaloo (2007), Nan et al. (1997) and Hashin (2001). The present HFGMC micromechanical method, derived for perfectly bonded composite materials governed by vector constitutive laws, can be easily generalized to include the effects of weak bonding between the constituents. Such generalizations, in the context of the mechanical micromechanics problem, involve introduction of a traction-separation law at the fiber/matrix interface and have been presented by Aboudi (1987), Bednarcyk and Arnold (2002), Bednarcyk et al. (2004) and Aboudi et al. (2013) and will be addressed in the future.

Closing responsibilities: decommissioning and the law

International Nuclear Information System (INIS)

Macrory, R.

1990-01-01

Laws change over time, with the times. Interpretations of old laws shift and the need for new laws emerges. There are endless reasons for these necessary changes, but the basic impetus is the changing nature of societal circumstance. Fifty years ago there were no laws directly governing nuclear power in any way. Today we know that nuclear power touches people from their wallets to their descendants. Currently, many laws related to nuclear power are in place, laws which protect all sectors of society from electricity generating bodies to a newborn child, and the Chernobyl accident has broadened the legal ramifications of nuclear power even more. This expanding body of nuclear law reflects our expanding understanding of nuclear power from its technical beginnings to its societal consequences and implications. The law is now beginning to reflect the growing significance of decommissioning. What are the relationships between decommissioning and the existing laws, government agencies, and policies? Ironically, although the UK will lead the world in addressing decommissioning responsibilities, there are no explicit laws in place to govern the process. In the absence of specific legislation governing decommissioning, the primary responsibilities fall to the operators of the power plants, a circumstance not lost on those involved in privatization. In this chapter, the wide and varied legal ramifications of decommissioning are examined. (author)

32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Release of law enforcement information furnished by foreign governments or international organizations. 635.15 Section 635.15 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Release of...

Improving school governance through participative democracy and the law

Directory of Open Access Journals (Sweden)

Marius H Smit

2011-01-01

Full Text Available There is an inextricable link between democracy, education and the law. After 15 yearsofconstitutional democracy, the alarming percentage of dysfunctional schools raises questions about the efficacy of the system of local school governance. We report on the findings of quantitative and qualitative research on the democratisation of schools and the education system in North-West Province. Several undemocratic features are attributable to systemic weaknesses of traditional models of democracy as well as the misapplication of democratic and legal principles. The findings of the qualitative study confirmed that parents often misconceive participatory democracy for political democracy and misunderstand the role of the school governing body to be a political forum. Despite the shortcomings, the majority of the respondents agreed that parental participation improves school effectiveness and that the decentralised model of local school governance should continue. Recommendations to effect the inculcation of substantive democratic knowledge, values and attitudes into school governance are based on theory of deliberative democracy and principles of responsiveness, accountability and justification of decisions through rational discourse.

Towards sustainability. Major challenges for corporate law, corporate governance and regulation

NARCIS (Netherlands)

van Basten-Boddin, C.; de Hoo, S.C.; Renssen, S.; Schwarz, C.A.

2014-01-01

This book covers the presentations held at the launching event of the Institute for Corporate Law, Governance and Innovation Policies (ICGI) at Maastricht University. Contributions are provided by Willem Lageweg (Director of MVO Nederland), Prof. Dr. Jacqueline Cramer (Director of the Utrecht

Three comments on the combination of public law and private law principles in the new legislation governing radioactive waste management

International Nuclear Information System (INIS)

Handrlica, Jakub

2017-01-01

This article discusses the issue of mixed public and private law in the Nuclear Energy Act, in particular with regard to the legal framework governing radioactive waste management. In fact, neither the old nor the new legal arrangements are exclusively of public law nature because a number of private law items are included. This fact is illustrated on some examples including provisions on liability for nuclear damage, the legal authority of the Radioactive Waste Repository Agency, and financial compensation to municipalities affected by the preparation of a deep geological radioactive waste disposal facility. (orig.)

Exploration on the Ways of Thinking for Government by Law in the Governance of the Grassroots Society

Directory of Open Access Journals (Sweden)

Fan Xuzhi

2017-01-01

Full Text Available Social governance of the grassroots is the foundation for maintaining social stability and building a harmonious society. The obvious problems of weakened power, abnormal petitioning, hidden danger of social security, weakness of virtual social control, and vacancy in management of the special group in the vast grassroots area did exist. Faced with the problems, the rapid development of urbanization and the relative lack of public service, the public’s strengthened consciousness of rights safeguarding and not sound interests safeguard mechanism, heavy tasks on social governance of the grassroots and not enough resources, and the imbalance between the public’s improved expectation and the ability of the cadres in grass-root level, the level of grass-roots social governance needs to be improved by employing the “five-in-one” thinking mode of governance by law.

Clinical Governance in Primary Care; Principles, Prerequisites and Barriers: A Systematic Review

Directory of Open Access Journals (Sweden)

Jaafar Sadeq Tabrizi

2013-07-01

Full Text Available Introduction: Primary care organizations are the entities through which clinical governance is developed at local level. To implement clinical governance in primary care, awareness about principles, prerequisites and barriers of this quality improvement paradigm is necessary. The aim of this study is to pool evidence about implementing clinical governance in primary care organizations. Data sources: The literature search was conducted in July 2012. PubMed, Web of Science, Emerald, Springerlink, and MD Consult were searched using the following MESH keywords; “clinical governance” and “primary care” Study selection: The search was limited to English language journals with no time limitation. Articles that were either quantitative or qualitative on concepts of implementing clinical governance in primary care were eligible for this study. Data extraction: From selected articles, data on principles, prerequisites and barriers of clinical governance in primary health care were extracted and classified in the extraction tables. Results: We classified our findings about principles of clinical governance in primary care in four groups; general principles, principles related to staff, patient and communication. Prerequisites were categorized in eight clusters; same as the seven dimensions of National Health System (NHS models of clinical governance. Barriers were sorted out in five categories as structure and organizing, cultural, resource, theoretical and logistical. Conclusion: Primary care organizations must provide budget holding, incentivized programs, data feedback, peer review, education, human relations, health information technology (HIT support, and resources. Key elements include; enrolled populations, an interdisciplinary team approach, HIT interoperability and access between all providers as well as patients, devolution of hospital based services into the community, inter-sectorial integration, blended payments, and a balance of

Inclusive Education in Government Primary Schools: Teacher Perceptions

Science.gov (United States)

Khan, Itfaq Khaliq; Hashmi, ShujahatHaider; Khanum, Nabeela

2017-01-01

The perceptions of primary school teachers towards inclusive education was investigated in mainstream government schools of Islamabad capital territory where inclusive education was being supported by Sight savers and other international organizations. The study was carried out involving 54 teachers in six randomly selected primary schools. The…

APPLICATION OF COMPLIANCE RULES UNDER THE LAW No. 13.303/2016

Directory of Open Access Journals (Sweden)

Guilherme Maximiano

2017-12-01

Full Text Available This paper aims to analyze the mechanisms introduced in the Brazilian legal system by Federal Law No. 13.303/2016, also called Government Companies Law. This law established mandatory rules related to corporate governance, transparency, risk management practice and internal control for government companies and government-controlled companies. In particular, the legal provisions about compliance policy mechanisms are analyzed, whose primary function is to ensure that the government company achieves its social function, keeping intact its image and reliability and guarantees its survival with the necessary honor and dignity. These innovations are beneficial to the society in general, once they grant greater efficiency to the government companies, as well as institute control and management mechanisms aiming the integrity and the fight against corruption in the Brazilian Public Administration.

Comparing the Law and Governance of Assisted Dying in Four European Nations

NARCIS (Netherlands)

McCann, Adam

2015-01-01

This article provides a comparative law and governance insight to assisted dying in England, France, Switzerland and the Netherlands, bringing together empirical studies of regulation and normative thinking about the role of the state. It follows the ‘new governance’ scholarly effort to challenge

The development of English primary care group governance. A scenario analysis.

Science.gov (United States)

Sheaff, R

1999-01-01

At present there is a policy vacuum about what English Primary Care Groups' (PCGs) governance will be when they develop into Primary Care Trusts (PCTs). Draft legislation leaves many options open, so PCT governance is likely to 'emerge' as PCTs are created. It also remains uncertain how general practitioners (GPs) will react to the formation of PCTs and how the UK government will then respond in turn. A scenario analysis suggests three possible lines of development. The base (likeliest) scenario predicts a mainly networked form of PCT governance. An alternative scenario is of PCT governance resembling the former National Health Service internal market. A third scenario predicts 'franchise model' PCTs employing some GPs and subcontracting others. To different degrees all three scenarios predict that PCTs will retain elements of networked governance. If it fails to make GPs as accountable to NHS management as the UK government wishes, networked governance may prove only a transitional stage before English PCTs adopt either quasi-market or hierarchical governance.

Serie Legislacion Educativa Argentina, 1: Leyes Universitarias (Series on Educational Legislation of Argentian, 1: Laws Governing Universities).

Science.gov (United States)

Ministerio de Cultura y Educacion, Buenos Aires (Argentina). Centro National de Documentacion e Informacion Educativa.

This document contains the laws governing national, private, and state universities in Argentina. The texts of the laws for each sector are contained, covering objectives, general administration, academic organization, students, and finances. (VM)

Determining the Relationship of Primary Seat Belt Laws to Minority Ticketing

Science.gov (United States)

2011-09-01

Racial profiling is often raised as an issue when States change their seat belt law from secondary enforcement (i.e., stop only for some other violation) to primary enforcement (i.e., stop for an observed belt law violation alone). Thirteen States ma...

Christian Joerges and Ernst-Ulrich Petersmann (eds., Constitutionalism: Multilevel Trade Governance and International Economic Law (Hart Publishing: Studies in International Trade Law, 2011

Directory of Open Access Journals (Sweden)

Rachael L. Johnstone

2012-03-01

Full Text Available Constitutionalism, Multilevel Trade Governance and International Economic Law is a second issue of a 2006 text of the same name. It brings together an impressive collection of international scholarship exploring international economic law in light of constitutional theory with many well-established experts in the field alongside some relatively junior and highly promising scholars.

Using law to strengthen health professions: frameworks and practice.

Science.gov (United States)

Verani, André; Shayo, Peter; Howse, Genevieve

2011-01-01

The lack of sufficient, high-quality health workers is one of the primary barriers to improving health in sub-saharan africa. An approach to address this challenge is for public health practitioners to increase their cooperation with public health lawyers, regulators and other policymakers in order to develop strengthened health workforce laws, regulations, and policies that are vigorously implemented and enforced. Conceptual frameworks can help clarify the meaning of health system governance and the pathways between law and health. International recommendations for policy interventions governing health workers provide countries with valuable guidance for domestic reforms. Monitoring and evaluation of legal, regulatory, and other policy interventions are required to ascertain their public health impact. At the intersection of law and public health, professionals from both fields can collaborate in concrete ways such as those discussed here to improve laws and policies governing health.

Health worker posting and transfer at primary level in Tamil Nadu: Governance of a complex health system function

Directory of Open Access Journals (Sweden)

Surekha Garimella

2016-01-01

Full Text Available Background: Posting and transfer (PT of health personnel - placing the right health workers in the right place at the right time - is a core function of any large-scale health service. In the context of government health services, this may be seen as a simple process of bureaucratic governance and implementation of the rule of law. However the literature from India and comparable low and middle-income country health systems suggests that in reality PT is a contested domain, driven by varied expressions of private and public interest throughout the chain of implementation. Objective: To investigate policymaking for PT in the government health sector and implementation of policies as experienced by different health system actors and stakeholders at primary health care level. Methodology: We undertook an empirical case study of a PT reform policy at primary health care level in Tamil Nadu State, to understand how different groups of health systems actors experience PT. In-depth qualitative methods were undertaken to study processes of implementation of PT policies enacted through ′counselling′ of health workers (individualized consultations to determine postings and transfers. Results: PT emerges as a complex phenomenon, shaped partially by the laws of the state and partially as a parallel system of norms and incentives requiring consideration and coordination of the interests of different groups. Micro-practices of governance represent homegrown coping mechanisms of health administrators that reconcile public and private interests and sustain basic health system functions. Beyond a functional perspective of PT, it also reflects justice and fairness as it plays out in the health system. It signifies how well a system treats its employees, and by inference, is an index of the overall health of the system. Conclusions: For a complex governance function such as PT, the roles of private actors and private interests are not easily separable from the

Tackling the global NCD crisis: innovations in law and governance.

Science.gov (United States)

Thomas, Bryan; Gostin, Lawrence O

2013-01-01

35 million people die annually of non-communicable diseases (NCDs), 80% of them in low- and middle-income countries - representing a marked epidemiological transition from infectious to chronic diseases and from richer to poorer countries. The total number of NCDs is projected to rise by 17% over the coming decade, absent significant interventions. The NCD epidemic poses unique governance challenges: the causes are multifactorial, the affected populations diffuse, and effective responses require sustained multi-sectorial cooperation. The authors propose a range of regulatory options available at the domestic level, including stricter food labeling laws, regulation of food advertisements, tax incentives for healthy lifestyle choices, changes to the built environment, and direct regulation of food and drink producers. Given the realities of globalization, such interventions require global cooperation. In 2011, the UN General Assembly held a High-level meeting on NCDs, setting a global target of a 25% reduction in premature mortality from NCDs by 2025. Yet concrete plans and resource commitments for reaching this goal are not yet in the offing, and the window is rapidly closing for achieving these targets through prevention - as opposed to treatment, which is more costly. Innovative global governance for health is urgently needed to engage private industry and civil society in the global response to the NCD crisis. © 2013 American Society of Law, Medicine & Ethics, Inc.

Exploring the Values of Chaplains in Government Primary Schools

Science.gov (United States)

Isaacs, Amy Kate; Mergler, Amanda

2018-01-01

Minimal prior research has examined the school chaplaincy programme in Australia. This exploratory study sought to identify the values primary school chaplains feel are the most important to them personally, and in their role as chaplain. Eight chaplains working in government primary schools were interviewed. Inductive thematic analysis was used…

Inclusive Education in Government Primary Schools: Teacher Perceptions

OpenAIRE

Itfaq Khaliq Khan; Shujahat Haider Hashmi; Nabeela Khanum

2017-01-01

The perceptions of primary school teachers towards inclusive education was investigated in mainstream government schools of Islamabad capital territory where inclusive education was being supported by Sight savers and other international organizations. The study was carried out involving 54 teachers in six randomly selected primary schools. The sampled group comprised both, teachers trained in inclusive education and teachers working in same schools, but not trained in inclusive education. Pu...

Global Governance: A New Paradigm for the Rule of Law

Directory of Open Access Journals (Sweden)

Winston P. Nagan

2013-10-01

Full Text Available This article seeks to appraise the Rule of Law in the context of international sovereignty and the growth of international non-governmental organizations. The article explores the meaning of the Rule of Law and suggests that it is better understood as a symbol representing the most basic values that underline our global constitutional system. When we relate the global Rule of Law to the values and the global constitutional framework, we recognize that the Rule of Law and the global constitution are better secured if their authority base can be strengthened. The obvious way this can be done is by strengthening the role of non-governmental organizations within the framework of global governance. If we see the Rule of Law as a defense and promotion of basic values, we may then pose the question about the Rule of Law as an agent of change in a novel developmental construct. Here the author notes that the dynamism of technological change will only increase in the future. But technological change will result in more use of technology and less employment. The question then is, should the benefits of technology not be shared with the workers as well? If that is true, one of the obvious benefits of technology in relation to labor is to reduce the number of hours or days that the worker has to work. Leisure time could result in an aggregate distribution of human happiness. It could evolve into an incentive to generate enhanced human co-creative activity. We could possibly even imagine a second renaissance in the impact of human imagination on society. A modern renaissance. In short, such a development could stimulate the evolution of a human rights based aesthetic.

Scaling laws governing the multiple scattering of diatomic molecules under Coulomb explosion

International Nuclear Information System (INIS)

Sigmund, P.

1992-01-01

The trajectories of fast molecules during and after penetration through foils are governed by Coulomb explosion and distorted by multiple scattering and other penetration phenomena. A scattering event may cause the energy available for Coulomb explosion to increase or decrease, and angular momentum may be transferred to the molecule. Because of continuing Coulomb explosion inside and outside the target foil, the transmission pattern recorded at a detector far away from the target is not just a linear superposition of Coulomb explosion and multiple scattering. The velocity distribution of an initially monochromatic and well-collimated, but randomly oriented, beam of molecular ions is governed by a generalization of the standard Bothe-Landau integral that governs the multiple scattering of atomic ions. Emphasis has been laid on the distribution in relative velocity and, in particular, relative energy. The statistical distributions governing the longitudinal motion (i.e., the relative motion along the molecular axis) and the rotational motion can be scaled into standard multiple-scattering distributions of atomic ions. The two scaling laws are very different. For thin target foils, the significance of rotational energy transfer is enhanced by an order of magnitude compared to switched-off Coulomb explosion. A distribution for the total relative energy (i.e., longitudinal plus rotational motion) has also been found, but its scaling behavior is more complex. Explicit examples given for all three distributions refer to power-law scattering. As a first approximation, scattering events undergone by the two atoms in the molecule were assumed uncorrelated. A separate section has been devoted to an estimate of the effect of impact-parameter correlation on the multiple scattering of penetrating molecules

Community governance in primary health care: towards an international Ideal Type.

Science.gov (United States)

Meads, Geoffrey; Russell, Grant; Lees, Amanda

2017-10-01

Against a global background of increased resource management responsibilities for primary health care agencies, general medical practices, in particular, are increasingly being required to demonstrate the legitimacy of their decision making in market oriented environments. In this context a scoping review explores the potential utility for health managers in primary health care of community governance as a policy concept. The review of recent research suggests that applied learning from international health systems with enhanced approaches to public and patient involvement may contribute to meeting this requirement. Such approaches often characterise local health systems in Latin America and North West Europe where innovative models are beginning to respond effectively to the growing demands on general practice. The study design draws on documentary and secondary data analyses to identify common components of community governance from the countries in these regions, supplemented by other relevant international studies and sources where appropriate. Within a comprehensive framework of collaborative governance the components are aggregated in an Ideal Type format to provide a point of reference for possible adaptation and transferable learning across market oriented health systems. Each component is illustrated with international exemplars from recent organisational practices in primary health care. The application of community governance is considered for the particular contexts of GP led Clinical Commissioning Groups in England and Primary Health Networks in Australia. Some components of the Ideal Type possess potentially powerful negative as well as positive motivational effects, with PPI at practice levels sometimes hindering the development of effective local governance. This highlights the importance of careful and competent management of the growing resources attributed to primary health care agencies, which possess an increasingly diverse range of non

48 CFR 53.222 - Application of labor laws to Government acquisitions (SF's 308, 1093, 1413, 1444, 1445, 1446, WH...

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Application of labor laws... Prescription of Forms 53.222 Application of labor laws to Government acquisitions (SF's 308, 1093, 1413, 1444... application of labor laws: (a) [Reserved] (b) [Reserved] (c) SF 308 (DOL) (Rev. 5/85), Request for Wage...

FROM INTERNATIONAL LAW TO GLOBAL GOVERNANCE: STRUCTURAL CHANGES IN THE TRANSNATIONAL SPACE

OpenAIRE

Torelly, Marcelo

2016-01-01

The articles analyze the emergence of the concept of global governance arguing that social complexification leads to the emergence of new kinds of transnational regulation that challenge the traditional concept of international law articulated in the late XIX Century. It divides the historical development in three stages: an assembly moment, an executive moment, and judicial moment characterized by normative fragmentation and the emergence of self-contained regimes with constitutional-like fe...

Causes analysis on the failure of government environmental responsibility—Based on the perspective of law and economics

Science.gov (United States)

Fa, L. N.

2017-11-01

As the important Environmental Interests of Subjects, government behooves to undertake the corresponding responsibility of Pollution Control and Environmental Protection. The current situations in our country, however, appear as government environmental responsibility failure. Based on the analysis of law and economics, this article reaches the conclusion through game analysis, principle-agency relationship and utility theory that the prisoners dilemma of environmental interest game between government and enterprise, and the inherent defect of the principal-agency relationship between central government and local government are the inherent causes of government environmental responsibility failure. Many officials tends to graft and corrupt to maximum their own benefit, thus leading to the government failure among environmental pollution treatment and the environmental responsibility to undertake.

LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

head of traditional central government, the headman was the head of the ward, and the family head exercised leadership at family level.13 Accordingly, the nature of traditional governance in South Africa was that of an unspecialised legal system where the king or chief was creator of laws, the executor of laws and the judge ...

The French Energy Transition Law for Green Growth: At the limits of governance by objectives

International Nuclear Information System (INIS)

Ruedinger, Andreas

2015-10-01

The aim of this article is threefold: firstly, it briefly retraces the policy process that led to the adoption of the French Energy Transition Law over the last three years (2012-2015). Secondly, it provides a summary of the law's contents, including the main targets and measures. Eventually, it puts this overview into perspective, through an analysis of the key challenges for implementation, with a special focus on the new governance framework for the energy transition. After 3 years of extensive debates, the French energy transition law was adopted in July 2015. Through its 215 articles, it provides a comprehensive and ambitious roadmap for the transformation of the energy system and introduces various policy instruments. The transition builds on strong objectives for GHG reduction (-40% until 2030, -75% by 2050), energy efficiency (reducing demand by 20% until 2030 and 50% until 2050), and the diversification of energy supply through reduced nuclear and fossil fuels and an accelerated deployment of renewables. The law introduces a clear trajectory for the carbon price signal introduced in 2014, which should reach up to euro 56/ton by 2022 and euro 100/ton by 2030, applying to the final consumption of transport and heating fuels. Other key measures include new obligations to massively deploy building retrofits and the evolution of renewable support mechanisms towards a market premium scheme. While the adoption of the law represented a lengthy process, its implementation over the coming years will be even more challenging: the law essentially introduces a framework of governance by objectives, including a profusion of new targets and planning instruments. However, it might very well become an empty shell if this framework is not backed with equally strong measures to provide an effective implementation strategy

In the Public Interest: Law, Government, and Media. Maryland Women's History Resource Packet--1986.

Science.gov (United States)

Maryland State Commission for Women, Baltimore.

Designed to be used for National Women's History Week (March 2-8), this 1986 Maryland women's history resource packet centers around Maryland women who have made significant volunteer and career contributions in the areas of government, law, and the public interest media. The packet begins with suggested student activity lists and activity sheets…

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

Government Expectations and the Role of Law Enforcement in a Biological Incident

Science.gov (United States)

2007-03-01

wholesale opposition and resistance to quarantine orders. During a crisis, the public will likely look to the government, including law enforcement, for...clarity of sight. He described it as leaving him feeling “ helpless - with or without it (the mask)”. Additionally, the majority of officers who were...priority – ensure the safety of their family, whether an adult spouse, a child(ren), or elderly parents. The consensus was that, “I need to make sure they

The law governing power generation and the atomic energy law in Japan, with special regard to the current situation in the energy sector

International Nuclear Information System (INIS)

Fujiwara, J.

1984-01-01

This contribution characterises Japanese legislation on power generation and supply, goes into detail with regard to the current Atomic Energy Law within the framework of the overall legal concept governing power supply, and presents an outlook on future developments. A table summarizes the main problems in this field. (orig./HSCH) [de

The teaching of reading in Botswana Government Primary Shcools ...

African Journals Online (AJOL)

This study investigated how reading is taught in Botswana Government schools. The findings indicate that inadequate reading instruction by teachers, their inability to model and provide students with research-based proven strategies, lack of reading specialists/coaches in the primary schools, the use of only basal series as ...

Corporate Governance

Directory of Open Access Journals (Sweden)

Dragoș-Mihail Daghie

2011-05-01

Full Text Available The purpose of this study is to analyze and understand the recently introduced form of managementof a company limited by shares. The Law no. 441/2006, which fundamentally amended Company Law,created this form of controlling the company, the corporate governance, but the legislation does not explicitlydefine what it wants to achieve through this instrument. This topic is recent in research as the theme ofgerman-roman commercial law systems (in French corporate governance system was introduced in 1966 andin Romania in 2006 but in terms of Anglo-Saxon law, the topic has been addressed years since 1776 (AdamSmith: The Wealth of Nations The concept of corporate governance would like, as a result, to establish somerules that companies must comply in order to achieve effective governance, transparent and beneficial forboth shareholders and for the minority. Corporate governance is a key element with an aim at improvingefficiency and economic growth in full accordance with the increase of investors’ confidence. Corporategovernance assumes a series of relationship between the company management, leadership, shareholders andthe other people concerned. Also corporate governance provides for that structure by means of which thecompany’s targets are set out and the means to achieve them and also the manner how to monitor such.

Corporate Governance in Crisis? The Politics of EU Corporate Governance Regulation

DEFF Research Database (Denmark)

Horn, Laura

2012-01-01

on the transformation of company law and corporate governance in the last decade. Here, the article illustrates how company law has become increasingly focused on the rights of shareholders, while worker rights have been relegated to the area of social policies and labour law. The study also traces the shift from...... a legislative programme centred on company law harmonisation towards a regulatory approach based on minimum requirements and mutual recognition, increasingly geared at adjusting the governance of corporations to the demands of liberalised capital markets. The second section then reflects on the current...... developments in corporate governance regulation in the context of financial and economic crisis....

Smart governance for smart city

Science.gov (United States)

Mutiara, Dewi; Yuniarti, Siti; Pratama, Bambang

2018-03-01

Some of the local government in Indonesia claimed they already created a smart city. Mostly the claim based of IT utilization for their governance. In general, a smart city definition is to describe a developed urban area that creates sustainable economic development and high quality of life by excelling in multiple key; economy, mobility, environment, people, living, and government. For public services, the law guarantees good governance by setting the standard for e-government implicitly including for local government or a city. Based on the arguments, this research tries to test the condition of e-government of the Indonesian city in 34 provinces. The purpose is to map e-government condition by measuring indicators of smart government, which are: transparent governance and open data for the public. This research is departing from public information disclosure law and to correspond with the existence law. By examining government transparency, the output of the research can be used to measure the effectiveness of public information disclosure law and to determine the condition of e-government in local government in which as part of a smart city.

Unification of Patrimonial Laws Governing International Trade

DEFF Research Database (Denmark)

Lando, Ole

2016-01-01

Should the laws of the world dealing with cross-border transactions be unified? Such unification presupposes an agreement on what we understand by ‘law’ and what its sources are. The drafters of uniform laws and lawyers who are preoccupied with comparative law often ask themselves: Is there, among...... the nations, a common core of legal values? If there is, this will facilitate legal unification. It will also make the international law-making easier if, in exceptional cases, a court is permitted to disregard a legal rule....

[Governance of primary health-care-based health-care organization].

Science.gov (United States)

Báscolo, Ernesto

2010-01-01

An analytical framework was developed for explaining the conditions for the effectiveness of different strategies promoting integrated primary health-care (PHC) service-based systems in Latin-America. Different modes of governance (clan, incentives and hierarchy) were characterised from a political economics viewpoint for representing alternative forms of regulation promoting innovation in health-service-providing organisations. The necessary conditions for guaranteeing the modes of governance's effectiveness are presented, as are their implications in terms of posts in play. The institutional construction of an integrated health system is interpreted as being a product of a social process in which different modes of governance are combined, operating with different ways of resolving normative aspects for regulating service provision (with the hierarchical mode), resource distribution (with the incentives mode) and on the social values legitimising such process (with the clan mode).

The Regulation of Acid Mine Drainage in South Africa: Law and Governance Perspectives

Directory of Open Access Journals (Sweden)

Loretta Feris

2014-12-01

Full Text Available Acid mine drainage (AMD is arguably one of the most serious environmental concerns in South Africa. AMD is a legacy left behind by abandoned, derelict and defunct mines, and is a continuing by-product of existing mining activities. In addition to its environmental impacts, AMD will also impact on all the parameters of sustainability, including ecological, social and economic concerns. In particular, AMD is set to affect infrastructure, displace people and affect their livelihoods, influence economic activity, impact on the resource extraction industry, and affect South Africa's policies and actions in relation to climate change and its efforts to move towards a low carbon economy; and it will test the efficiency of regulatory interventions emanating from both the private and the public sector to the extreme. Given these pervasive challenges, in this article we provide a survey of the AMD problem in South Africa through the law and governance lens. We commence by highlighting the various issues and challenges that result from AMD in the environmental context on the one hand, and the law and governance context on the other hand. We then describe the many provisions of the regulatory framework that we believe would be instrumental in responding to the threat. We conclude the article with brief remarks on what we believe are important considerations in the future regulation of AMD.

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

Science.gov (United States)

Magnusson, Roger S; Patterson, David

2014-06-05

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

Limitation of Liability and Governing Law for Accidents Occurring before Issuance of Bill of Lading

Directory of Open Access Journals (Sweden)

Jung Sun Lee

2018-03-01

Full Text Available The purpose of this study is to verify the carrier's liability limitation through analyzing two cases. According to the court judgments in the two cases, if the accident occurs during the shipment without issuance of Bill of Lading (B/L, the reverse-side clause of B/L does not apply to the calculation of damage, and the law of the country most closely related to both parties is set as the governing law. The absence of a timely B/L often occurs in transport practice due to the complicated nature of transport practice. So, through analyzing the court judgments in the two cases, this study recommends that transport parties take precautions. First, in order to reduce and settle disputes arising from the absence of evidence of transportation contracts, it is necessary to issue a received B/L bearing in mind the risk of accidents occurring during the shipment process. Second, the use of a Sea Waybill (SWB which can be issued after the receipt of a cargo shipment, can be an alternative, except when a Letter of Credit (L/C requires a B/L. Finally, expanding the function of the Commercial Invoice (C/I to allow it to serve as evidence of the contract of carriage by inserting the contract of carriage phrase into the C/I when the B/L is not issued could be an alternative. Keywords: Limitation of Liability of Carrier, Governing Law, Bill of Lading

Universal principles governing multiple random searchers on complex networks: The logarithmic growth pattern and the harmonic law

Science.gov (United States)

Weng, Tongfeng; Zhang, Jie; Small, Michael; Harandizadeh, Bahareh; Hui, Pan

2018-03-01

We propose a unified framework to evaluate and quantify the search time of multiple random searchers traversing independently and concurrently on complex networks. We find that the intriguing behaviors of multiple random searchers are governed by two basic principles—the logarithmic growth pattern and the harmonic law. Specifically, the logarithmic growth pattern characterizes how the search time increases with the number of targets, while the harmonic law explores how the search time of multiple random searchers varies relative to that needed by individual searchers. Numerical and theoretical results demonstrate these two universal principles established across a broad range of random search processes, including generic random walks, maximal entropy random walks, intermittent strategies, and persistent random walks. Our results reveal two fundamental principles governing the search time of multiple random searchers, which are expected to facilitate investigation of diverse dynamical processes like synchronization and spreading.

Groundwater governance in Asia: present state and barriers to implementation of good governance

Science.gov (United States)

Tanaka, T.

2014-09-01

The present state of groundwater governance in Asia was reviewed. The main problem regarding groundwater resources in each Asian country is overexploitation, causing water level decline, land subsidence and salt water intrusion. For those groundwater hazards, many countries have established regulations such as laws and regulations as countermeasures. However, those laws and regulations are not the basic laws on groundwater resources, but only for countermeasures to prevent groundwater hazards. Common problems and barriers for implementing groundwater governance in Asian countries are that there is more than one institute with different and sometimes overlapping responsibilities in groundwater management. To overcome those conflicts among institutions and establishment of good governance, it is necessary to establish an agency in the government as one coordinate function reinforcing the direct coordination and facilitation of groundwater policy-making and management. As one such framework, the conceptual law called the Water Cycle Basic Law, which is under planning in Japan, is examined in this paper.

Law-Based Ontology for E-Government Services Construction - Case Study: The Specification of Services in Relationship with the Venture Creation in Switzerland

Science.gov (United States)

Khadraoui, Abdelaziz; Opprecht, Wanda; Léonard, Michel; Aïdonidis, Christine

The compliance of e-government services with legal aspects is a crucial issue for administrations. This issue becomes more difficult with the fast-evolving dynamics of laws. This chapter presents our approach to describe and establish the link between e-government services and legal sources. This link is established by an ontology called “law-based ontology.” We use this ontology as means to define and to construct e-government services. The proposed approach is illustrated with one case study: the specification of services in relationship with the venture ­creation in Switzerland and in the State of Geneva. We have selected the Commercial Register area which mainly encompasses the registration of a new company and the modification of its registration.

Introductory Guide to European Corporate Law

DEFF Research Database (Denmark)

Fomcenco, Alex

Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law.......Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law....

Water, Resilience and the Law: From General Concepts and Governance Design Principles to Actionable Mechanisms

Science.gov (United States)

Hill Clarvis, M.; Allan, A.; Hannah, D. M.

2013-12-01

Climate change has significant ramifications for water law and governance, yet, there is strong evidence that legal regulations have often failed to protect environments or promote sustainable development. Scholars have increasingly suggested that the preservation and restoration paradigms of legislation and regulation are no longer adequate for climate change related challenges in complex and cross-scale social-ecological systems. This is namely due to past assumptions of stationarity, uniformitarianism and the perception of ecosystem change as predictable and reversible. This paper reviews the literature on law and resilience and then presents and discusses a set of practical examples of legal mechanisms from the water resources management sector, identified according to a set of guiding principles from the literature on adaptive capacity, adaptive governance as well as adaptive and integrated water resources management. It then assesses the aptness of these different measures according to scientific evidence of increased uncertainty and changing ecological baselines. A review of the best practice examples demonstrates that there are a number of best practice examples attempting to integrate adaptive elements of flexibility, iterativity, connectivity and subsidiarity into a variety of legislative mechanisms, suggesting that there is not as significant a tension between resilience and the law as many scholars have suggested. However, while many of the mechanisms may indeed be suitable for addressing challenges relating to current levels of change and uncertainty, analysis across a broader range of uncertainty highlights challenges relating to more irreversible changes associated with greater levels of warming. Furthermore the paper identifies a set of pre-requisites that are fundamental to the successful implementation of such mechanisms, namely monitoring and data sharing, financial and technical capacity, particularly in nations that are most at risk with the

DOES THE RELATIONSHIP BETWEEN GOVERNMENT EXPENDITURE AND ECONOMIC GROWTH FOLLOW WAGNER’S LAW IN NIGERIA?

Directory of Open Access Journals (Sweden)

CLEMENT A.U. IGHODARO

2010-01-01

Full Text Available While previous studies to test Wagner’s hypothesis for Nigeria usedtotal government expenditure, this paper in addition to total government expenditure used adisaggregated government expenditure data from 1961 - 2007, specifically; expenditure ongeneral administration and that of community and social services to determine the specificgovernment expenditure that economic growth may have significant impact on. Economicconditions and policies change implying that it is not only economic growth that can affectgovernment expenditure hence the inclusion of other fiscal policy variable and politicalfreedom to augment the functional form of Wagner’s law. All the variables used were found tobe I(1 and long run relationship exist between the dependent and the independent variablesexcept in the case where only GDP was used as the independent variable. Wagner’s hypothesisdoes not hold in all the estimations rather Keynesian hypothesis was validated in all theestimation. Elasticity estimates and Granger causality results are in agreement.

Water, law, science

Energy Technology Data Exchange (ETDEWEB)

Narasimhan, T.N.

2007-10-17

In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

Water, law, science

Science.gov (United States)

Narasimhan, T. N.

2008-01-01

SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

Critiquing the Transatlantic Trade and Investment Partnership (TTIP) : Systemic Consequences for Global Governance and the Rule of Law

NARCIS (Netherlands)

Larik, J.E.

2016-01-01

Considering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article addresses some of the most pertinent systemic consequences TTIP is likely to produce, based on the

ByLaws for the Governance of the Sandia National Laboratories Sandia Postdoctoral Development (SPD) Association.

Energy Technology Data Exchange (ETDEWEB)

McBride, Amber Alane Fisher; McBride, Amber Alane Fisher; Rodgers, Theron; Dong, Wen; Juan, Pierre-Alexandre; Barkholtz, Heather; Alley, William Morgan; Wolk, Benjamin Matthew; Vane, Zachary Phillips; Priye, Aashish; Ball, Cameron Scott

2017-03-01

The purpose of this document is to define the rules of governance for the Sandia Postdoctoral Development (SPD) Association. This includes election procedures for filling vacancies on the SPD board, an all-purpose voting procedure, and definitions for the roles and responsibilities of each SPD board member. The voting procedures can also be used to amend the by-laws, as well as to create, dissolve, or consolidate vacant SPD board positions.

A Systematic Evaluation of State Laws Governing Optometric Glaucoma Management in the United States Upto 2015.

Science.gov (United States)

Chodnicki, Kevin; Kalarn, Sachin; Quinn, Laura; Jampel, Henry; Saeedi, Osamah

2018-03-01

To describe state laws that govern the optometric practice of glaucoma management in the United States and to correlate those laws with state demographics upto 2015. We performed a cross-sectional ecological study of the 50 United States and the District of Columbia. Regulations governing optometric scope of practice as written by each state Board of Optometry were reviewed. Specific optometric privileges assessed included: ability to manage glaucoma independently, use of diagnostic pharmaceutical agents, use of therapeutic pharmaceutical agents (including topical and oral steroids and other oral pharmaceutical agents), IV injections, intraocular injections, therapeutic lasers, presence of defined referral, and comanagement guidelines, and hours of yearly continuing education needed for glaucoma management. Optometric privilege was compared with demographic and employment information for each state. Optometrists in all states, except for Massachusetts, and the District of Columbia are allowed to manage glaucoma; 16 states have defined comanagement guidelines. Therapeutic lasers are allowed in 3 states: Kentucky, Louisiana, and Oklahoma. States with defined comanagement guidelines had a mean of 6.9±1.9 ophthalmologists per 100,000 people, significantly more than the 5.3±1.1 in states without defined comanagement of glaucoma (Pstate, the less likely there is to be defined comanagement [β (SE)=-0.008 (0.003), P=0.02] and the greater the number of ophthalmologists in a given state, the more likely a state has defined comanagement [β (SE)=-0.13 (0.006)]. There is a diversity of regulations that govern optometric management of glaucoma in each of the 50 states and the District of Columbia. The number of optometrists and ophthalmologists in a state may influence state regulations governing optometric practice and referral guidelines.

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

Directory of Open Access Journals (Sweden)

Caroline Hart

2017-04-01

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

The Influence of the Turkish Anti-Tobacco Law on Primary School Children in Edirne

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Erhan Tabakoğlu

2011-11-01

Full Text Available Objective: The Turkish anti-tobacco law was accepted and effectuated in 1996. All forms of cigarette advertising, the sale of tobacco products to persons under the age of 18 and smoking in public institutions were all restricted. In this paper, we aimed to evaluate the influence of the Turkish anti-tobacco law on children for the periods before the law, after three years and after 10 years. Material and Methods: A self-completed questionnaire was distributed among primary school children. This included questions about the children’s smoking habits, their opinions of parents’ and teachers’ smoking habits, tobacco use in public places and the recognition rate of 16 food, drink, cigarette and toothpaste logos and brand names. The first, second and third applications of the questionnaire were performed with students who attended the same classes in the same primary schools, accounting for 772 children in June 1996, 1,157 children in February 1999 and 719 children in June 2006.Results: When these three periods were evaluated, it could be seen that the prevalence of having smoked significantly decreased (13.9%, 4%, 2.2%, p<0.001, as did the rate of purchasing cigarettes within the past week (36.6%, 29.1%, 15.8%, p<0.001. The disagreement with parents’ and teachers’ smoking habits and tobacco usage in public places increased significantly (p<0.001, while the recognition rates of some cigarette brand names and logos significantly decreased, specifically with regards to Marlboro, Camel and Samsun (p<0.001. Conclusion: The Turkish anti-tobacco law has had a positive effect on primary school children in Edirne, and therefore could be a model for other countries.

The role of international institutions in the formation of international bioethical law: UNESCO and the United Nations General Assembly attempt to govern human cloning.

Science.gov (United States)

Kuppuswamy, Chamundeeswari

2007-01-01

This article analyses the international governance of human reproductive cloning. Noting that bioethics is a new field of engagement for international lawyers, it recounts some of the institutional developments in bioethical law making. The role of UNESCO and the United Nations General Assembly is scrutinized and the author discusses the relative merits of the institutions' governance of human reproductive cloning. The author suggests that some international institutions and mechanisms are better suited than others for bioethical law making. The 2005 General Assembly resolution on human cloning is analysed in this context.

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

Directory of Open Access Journals (Sweden)

Yeni Salma Barlinti

2011-01-01

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

Business, Government, and Law on the Internet. A Hands-On Second Edition. Workshop. Internet Workshop Series Number 3.

Science.gov (United States)

Peete, Gary R.

This "workshop-in-a-book" is a much-expanded second edition designed for the businessperson, legal researcher, information specialist, consumer, student, or scholar wanting to discover information in three overlapping areas: business, government, and law. The book is divided into two modules: (1) "The World Wide Web: Your Entree to…

41 CFR 301-70.600 - What governing policies and procedures must we establish related to threatened law enforcement...

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 4 2010-07-01 2010-07-01 false What governing policies and procedures must we establish related to threatened law enforcement/investigative employees? 301-70.600 Section 301-70.600 Public Contracts and Property Management Federal Travel Regulation System TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES AGENCY...

Estimated medical cost savings in Massachusetts by implementation of a primary seat belt law

Science.gov (United States)

2008-12-01

This report examines 2006 hospital discharge data reporting cases where the external cause of injury to a vehicle occupant was a motor vehicle crash to predict the estimated savings to Massachusetts if a primary seat belt law is implemented. The savi...

INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

Directory of Open Access Journals (Sweden)

Dhiana Puspitawati

2015-12-01

Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

Impact of Implementing a Primary Enforcement Seat Belt Law in Florida : A Case Study

Science.gov (United States)

2012-08-01

On June 30, 2009, Florida implemented a primary seat belt law. The State was already engaged in a Rural : Demonstration Program (RDP) to increase belt usage in rural areas in the northern part of the State and participated : regularly in annual Click...

Estimated medical cost savings in Utah by implementation of a primary seat belt law

Science.gov (United States)

2010-05-01

This report examines 2007 hospital discharge data reporting cases where the external cause of injury to : a vehicle occupant was a motor vehicle crash to predict the estimated savings to Utah if a primary seat : belt law is implemented. The savings a...

Estimated medical cost savings in Nevada by implementation of a primary seat belt law

Science.gov (United States)

2008-09-01

This report examines 2007 hospital discharge data reporting cases where the external cause of injury to a vehicle occupant was a motor vehicle crash to predict the estimated savings to Nevada if a primary seat belt law is implemented. The savings are...

Estimated medical cost savings in Vermont by implementation of a primary seat belt law

Science.gov (United States)

2008-09-01

This report examines 2005 hospital discharge data reporting cases where the external cause of injury to a vehicle occupant was a motor vehicle crash to predict the estimated savings to the State of Vermont if a primary seat belt law is implemented. T...

Government expenditure and economic growth nexus: Wagner's law ...

African Journals Online (AJOL)

The Granger causality test was performed within vector error correction model and the results revealed strong support for both Wagner's law and Keynesian hypothesis when ... Wagner's law was only supported in one instance where causality runs from economic growth to development expenditure from domestic sources.

UNCLOS and International Law

DEFF Research Database (Denmark)

Martinez Romera, Beatriz; Coelho, Nelson F.

2018-01-01

, treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding...... the relative role of this treaty among other sources of international law....

Association of rule of law and health outcomes: an ecological study

Science.gov (United States)

Pinzon-Rondon, Angela Maria; Attaran, Amir; Botero, Juan Carlos; Ruiz-Sternberg, Angela Maria

2015-01-01

Objectives To explore whether the rule of law is a foundational determinant of health that underlies other socioeconomic, political and cultural factors that have been associated with health outcomes. Setting Global project. Participants Data set of 96 countries, comprising 91% of the global population. Primary and secondary outcome measures The following health indicators, infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, were included to explore their association with the rule of law. We used a novel Rule of Law Index, gathered from survey sources, in a cross-sectional and ecological design. The Index is based on eight subindices: (1) Constraints on Government Powers; (2) Absence of Corruption; (3) Order and Security; (4) Fundamental Rights; (5) Open Government; (6) Regulatory Enforcement, (7) Civil Justice; and (8) Criminal Justice. Results The rule of law showed an independent association with infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, after adjusting for the countries’ level of per capita income, their expenditures in health, their level of political and civil freedom, their Gini measure of inequality and women's status (pconstitute a structural barrier to health improvement. PMID:26515684

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

Science.gov (United States)

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

2017-01-01

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

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

Directory of Open Access Journals (Sweden)

Robin Kundis. Craig

2017-06-01

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

12 CFR 987.2 - Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States...

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks; rights of any Person against Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks. 987.2 Section 987.2 Banks and Banking FEDERAL HOUSING FINANCE...

Inclusive Education in Government Primary Schools: Teacher Perceptions

Directory of Open Access Journals (Sweden)

Itfaq Khaliq Khan

2017-06-01

Full Text Available The perceptions of primary school teachers towards inclusive education was investigated in mainstream government schools of Islamabad capital territory where inclusive education was being supported by Sight savers and other international organizations. The study was carried out involving 54 teachers in six randomly selected primary schools. The sampled group comprised both, teachers trained in inclusive education and teachers working in same schools, but not trained in inclusive education. Purposive sampling method was used to select the teachers. Structured questionnaire (Likert Scale and structured interview method was used for data collection. The results of the study revealed that inclusive education is considered to be a desirable practice. The teachers believed that all learners regardless of their disabilities should be in regular classrooms and they showed more favorable attitude towards children with mild disabilities, but were not very optimistic about children with severe disabilities. The study also recognized teachers’ capacity as an essential component of inclusive education and recommends that inclusive education should be a part of pre and in-service teacher education.

Fragmented International Governance of Arctic Offshore Oil : Governance Challenges and Institutional Improvement

NARCIS (Netherlands)

Humrich, Christoph

The governance architecture in the Arctic region is subject to broad public and academic debate. Existing governance arrangements are not considered sufficient to minimize risks and impacts from Arctic offshore oil activities. These governance arrangements are fragmented between law of the sea

Law Enforcement and Emergency Medicine: An Ethical Analysis.

Science.gov (United States)

Baker, Eileen F; Moskop, John C; Geiderman, Joel M; Iserson, Kenneth V; Marco, Catherine A; Derse, Arthur R

2016-11-01

Emergency physicians frequently interact with law enforcement officers and patients in their custody. As always, the emergency physician's primary professional responsibility is to promote patient welfare, and his or her first duty is to the patient. Emergency physicians should treat criminals, suspects, and prisoners with the same respect and attention they afford other patients while ensuring the safety of staff, visitors, and other patients. Respect for patient privacy and protection of confidentiality are of paramount importance to the patient-physician relationship. Simultaneously, emergency physicians should attempt to accommodate law enforcement personnel in a professional manner, enlisting their aid when necessary. Often this relates to the emergency physician's socially imposed duties, governed by state laws, to report infectious diseases, suspicion of abuse or neglect, and threats of harm. It is the emergency physician's duty to maintain patient confidentiality while complying with Health Insurance Portability and Accountability Act regulations and state law. Copyright © 2016 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

Best practice governance principles in the sports industry: an overview

African Journals Online (AJOL)

This overview examines the British and Australian models and codes of corporate governance since South African Company Law as well as Australian Company Law have their roots in British Company Law. From the literature seven pillars of good governance emerged and their applicability to sports governing bodies is ...

Nuclear law and environmental law in the licensing of nuclear installations

International Nuclear Information System (INIS)

Raetzke, Christian

2013-01-01

Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

State preemption of local smoke-free laws in government work sites, private work sites, and restaurants - United States, 2005-2009.

Science.gov (United States)

2010-02-05

Smoke-free policies (i.e., policies that completely eliminate smoking in indoor workplaces and public places) result in health benefits, including preventing heart attacks. Preemptive legislation at the state level prohibits localities from enacting laws that vary from state law or are more stringent. A Healthy People 2010 objective (27-19) is to eliminate state laws that preempt stronger local tobacco control laws. A 2005 CDC review found that little progress was being made toward reducing the number of state laws preempting local smoking restrictions in three indoor settings: government work sites, private-sector work sites, and restaurants. These three settings were selected for analysis because they are settings that often are addressed by state and local smoking restrictions and because they are major settings where nonsmoking workers and patrons are exposed to secondhand smoke. This report updates the previous analysis and summarizes changes that occurred from December 31, 2004, to December 31, 2009, in state laws that preempt local smoke-free laws for the same three settings. During that period, the number of states preempting local smoking restrictions in at least one of these three settings decreased from 19 to 12. In contrast with the 2005 findings, this decrease indicates progress toward achieving the goal of eliminating state laws preempting local smoking restrictions. Further progress could result in additional reductions in secondhand smoke exposure.

Estimated medical cost savings in Rhode Island by implementation of a primary seat belt law

Science.gov (United States)

2008-09-01

This report examines 2006 hospital discharge data reporting cases where the external cause of injury to a vehicle occupant was a motor vehicle crash to predict the estimated savings to Rhode Island if a primary seat belt law is implemented. The savin...

Implementing clinical governance in English primary care groups/trusts: reconciling quality improvement and quality assurance.

Science.gov (United States)

Campbell, S M; Sheaff, R; Sibbald, B; Marshall, M N; Pickard, S; Gask, L; Halliwell, S; Rogers, A; Roland, M O

2002-03-01

To investigate the concept of clinical governance being advocated by primary care groups/trusts (PCG/Ts), approaches being used to implement clinical governance, and potential barriers to its successful implementation in primary care. Qualitative case studies using semi-structured interviews and documentation review. Twelve purposively sampled PCG/Ts in England. Fifty senior staff including chief executives, clinical governance leads, mental health leads, and lay board members. Participants' perceptions of the role of clinical governance in PCG/Ts. PCG/Ts recognise that the successful implementation of clinical governance in general practice will require cultural as well as organisational changes, and the support of practices. They are focusing their energies on supporting practices and getting them involved in quality improvement activities. These activities include, but move beyond, conventional approaches to quality assessment (audit, incentives) to incorporate approaches which emphasise corporate and shared learning. PCG/Ts are also engaged in setting up systems for monitoring quality and for dealing with poor performance. Barriers include structural barriers (weak contractual levers to influence general practices), resource barriers (perceived lack of staff or money), and cultural barriers (suspicion by practice staff or problems overcoming the perceived blame culture associated with quality assessment). PCG/Ts are focusing on setting up systems for implementing clinical governance which seek to emphasise developmental and supportive approaches which will engage health professionals. Progress is intentionally incremental but formidable challenges lie ahead, not least reconciling the dual role of supporting practices while monitoring (and dealing with poor) performance.

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

Directory of Open Access Journals (Sweden)

Mirosław Bączyk

2015-06-01

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

Oromia Law Journal

African Journals Online (AJOL)

The Oromia Law Journal covers articles, book reviews, legislative and case comments related to legal, economic, political and social issues arising in relation to Oromia, Ethiopian, and other related International Laws. As such, the journal has two audiences-primary and secondary. The primary ones are legal professionals ...

Is Law science? | Roos | Potchefstroom Electronic Law Journal ...

African Journals Online (AJOL)

The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an assumption is usually missing. The traditional primary sources of law, South African case law and legislation, ...

THE RELATIONSHIP BETWEEN ECONOMIC GROWTH AND GOVERNMENT SPENDING: A CASE STUDY OF OIC COUNTRIES

Directory of Open Access Journals (Sweden)

Heri Sudarsono

2015-06-01

Full Text Available This paper presents the results for testing for causal relationship between economic growth and goverment spending for OIC countries covering the time series data 1970~2006. There are usually two propositions regarding the relation between economic growth and government spending: Wagner’s Law states that as GDP grows, the public sector tends to grow; and the Keynesian framework postulates that public expenditure causes GDP to grow. The primary strength and originality of this paper is that we used aggregate data as well as disaggregate data for Granger causality test. By testing for causality between economic growth and government spending, we find that government spending does cause economic growth in Iran, Nigeria and Tunisia, which are compatible with Keynesian’s theory. However, the economic growth does cause the increase in goverment spending in Algeria, Burkina Faso, Benin, Indonesia, Libya Malaysia, Marocco, and Saudi, which are well-suited with Wagner’s law.

Smoke-free laws, gender, and reduction in hospitalizations for acute myocardial infarction.

Science.gov (United States)

Hahn, Ellen J; Rayens, Mary Kay; Burkhart, Patricia V; Moser, Debra K

2011-01-01

We examined gender differences in the incidence of acute myocardial infarction (AMI) after the passage of a smoke-free law in Lexington, Kentucky. The initial legislation had exemptions not covering manufacturing facilities and government buildings, which may have put men at greater risk for AMI. We examined the effect of Lexington's smoke-free public places law on hospitalizations for AMI (i.e., heart attack) among men and women 40 months prior to and 32 months after enactment of the law. We used the statewide administrative database (Comp Data) for all hospital billing records for the four health-care systems in Lexington-Fayette County. Cases were included in the analysis if (1) the patient was $35 years of age; (2) the patient had a primary discharge diagnosis of AMI, with an International Classification of Diseases, Ninth Revision code in the range of 410.00 to 410.99; and (3) the date of service was between January 1, 2001, and December 31, 2006. Among women, AMI hospitalizations declined 23% after the law took effect. The rate of AMI events among men did not change significantly. There was an overrepresentation of women in the hospitality industry and a disproportionate number of men working in manufacturing facilities and government worksites not mandated by the law. We found gender differences in the reduction of AMI hospitalizations following implementation of a smoke-free law that covered only some sectors of the workforce. Enacting smoke-free laws that cover all places of employment and strengthening existing partial laws may extend protection against AMIs to female and male workers.

Attempts at an amendment of the law governing the energy sector, as seen in the light of civil rights

International Nuclear Information System (INIS)

Notthoff, M.

1994-01-01

The discussion about the law governing the energy sector is of topical interest at present because there have been a number of draft amendments at the national level for a reform of the laws during the past years as well as the approval of a draft for a European Directive for harmonising national regulations in pursuit of a single Market for electricity. The present paper first deals with the development of the basic energy laws up to the present. Then the author examines the constitutionality of the national bills and the compatibility of the draft for the European Directive with the European basic right of freedom to choose a profession, which he previously derives from general legal regulations. He comes to the conclusion that none of the bills presented so far fully comply with the requirements implicit in the basic rights. (orig./HP) [de

Law, Democracy & Development

African Journals Online (AJOL)

The evolution and implementation of democracy, good governance practices, human rights and socio-economic development are critical issues facing South Africa and Africa as a whole. Law interacts with this process in ways that may promote or inhibit it. Law, Democracy & Development addresses this interaction. Our aim ...

What will be the effect of European Internal Market on interpretation of German nuclear law?

International Nuclear Information System (INIS)

Schattke, H.

1991-01-01

A case study of community law comes to the following results: 1) The Single European Act is to improve, and not impair, the state of integration in the EC achieved so far. 2) National limitations of transboundary, free service transactions are only allowed on national territories in the interest of protecting the population against health hazards. 3) True to say, there are no properly formulated European basic rights, but there is an unwritten, by the European Court of Justice accepted European basic rights catalogue, which resembles German basic rights. 4) Primary and secondary EC community law has priority over corresponding national law. 5) Prior-ranking of European law does not mean voidness of corresponding national law, but lower priority, always related to individual cases. 6) Prior-ranking of EC community law commits those in Federal Government and Laender authorities and in the courts who are concerned with the application of law, to interprete German law in a way conform with Community law. (orig./HSCH) [de

Industry offers objections to France's draft petroleum law

International Nuclear Information System (INIS)

Anon.

1992-01-01

This paper reports that France's petroleum industry is protesting parts of a government draft oil law expected to go into effect in January. The law is to be submitted to Parliament this fall and will replace a law that has governed Franc's oil industry operations for most of the century. And while the new law loosens and in some cases scraps controls, officials see costs that will affect the petroleum industry's competitiveness in Europe

Infectious disease-related laws: prevention and control measures

Directory of Open Access Journals (Sweden)

Mijeong Park

2017-07-01

Full Text Available OBJECTIVES This study examines recently revised Korean government legislation addressing global infectious disease control for public health emergency situations, with the aim of proposing more rational, effective and realistic interpretations and applications for improvement of law. METHODS The Korea reported its first laboratory-confirmed case of Middle East Respiratory Syndrome (MERS coronavirus on May 20, 2015. Since the first indexed case, Korean public health authorities enforced many public health measures that were not authorized in the law; the scope of the current law was too limited to cover MERS. Korea has three levels of government: the central government, special self-governing provinces, and si/gun/gu. Unfortunately, the Infectious Disease Control and Prevention Act does not designate the specific roles of each level of government, and does not state how these governmental branches should be vertically integrated in a state of emergency. RESULTS When thinking about these policy questions, we should be especially concerned about introducing a new act that deals with all matters relevant to emerging infectious diseases. The aim would be to develop a structure that specifies the roles of each level of government, and facilitates the close collaboration among them, then enacting this in law for the prevention and response of infectious disease. CONCLUSIONS To address this problem, after analyzing the national healthcare infrastructure along with the characteristics of emerging infectious diseases, we propose the revision of the relevant law(s in terms of governance aspects, emergency medical countermeasure aspects, and the human rights aspect.

Design in nature how the constructal law governs evolution in biology, physics, technology, and social organization

CERN Document Server

Bejan, Adrian

2013-01-01

In this groundbreaking book, Adrian Bejan takes the recurring patterns in nature—trees, tributaries, air passages, neural networks, and lightning bolts—and reveals how a single principle of physics, the constructal law, accounts for the evolution of these and many other designs in our world. Everything—from biological life to inanimate systems—generates shape and structure and evolves in a sequence of ever-improving designs in order to facilitate flow. River basins, cardiovascular systems, and bolts of lightning are very efficient flow systems to move a current—of water, blood, or electricity. Likewise, the more complex architecture of animals evolve to cover greater distance per unit of useful energy, or increase their flow across the land. Such designs also appear in human organizations, like the hierarchical “flowcharts” or reporting structures in corporations and political bodies. All are governed by the same principle, known as the constructal law, and configure and reconfigure themselves...

Primary Education in Delhi, Hyderabad and Kolkata: Governance by Resignation, Privatisation by Default

NARCIS (Netherlands)

J.E. Mooij (Jos); J. Jalal (Jennifer)

2009-01-01

textabstract1. Introduction As described in the earlier chapters, one of the entry points in our study of urban governance was the supply and demand of services. Education is one important service that we studied in three of the four cities (Delhi, Hyderabad and Kolkata). Our focus was on primary

Do project management and network governance contribute to inter-organisational collaboration in primary care? A mixed methods study.

Science.gov (United States)

Schepman, Sanneke; Valentijn, Pim; Bruijnzeels, Marc; Maaijen, Marlies; de Bakker, Dinny; Batenburg, Ronald; de Bont, Antoinette

2018-06-07

The need for organisational development in primary care has increased as it is accepted as a means of curbing rising costs and responding to demographic transitions. It is only within such inter-organisational networks that small-scale practices can offer treatment to complex patients and continuity of care. The aim of this paper is to explore, through the experience of professionals and patients, whether, and how, project management and network governance can improve the outcomes of projects which promote inter-organisational collaboration in primary care. This paper describes a study of projects aimed at improving inter-organisational collaboration in Dutch primary care. The projects' success in project management and network governance was monitored by interviewing project leaders and board members on the one hand, and improvement in the collaboration by surveying professionals and patients on the other. Both qualitative and quantitative methods were applied to assess the projects. These were analysed, finally, using multi-level models in order to account for the variation in the projects, professionals and patients. Successful network governance was associated positively with the professionals' satisfaction with the collaboration; but not with improvements in the quality of care as experienced by patients. Neither patients nor professionals perceived successful project management as associated with the outcomes of the collaboration projects. This study shows that network governance in particular makes a difference to the outcomes of inter-organisational collaboration in primary care. However, project management is not a predictor for successful inter-organisational collaboration in primary care.

Law-Abiding Games

Institute of Scientific and Technical Information of China (English)

无

2006-01-01

Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating

Soft Law as a New Mode of Governance: A Legal Perspective

OpenAIRE

Peters, Anne; Pagotto, Isabella

2006-01-01

After a brief review of the history and typology of soft law in public international law, we approach the concept deductively. We reject the binary view and subscribe to the continuum view. Building on the idea of graduated normativity and on the prototype theory of concepts, we submit that soft law is in the penumbra of law. It can be distinguished from purely political documents more or less readily, depending on its closeness to the prototype of law. Insights gained by the study of publi...

The Role of Law in Adaptive Governance

Science.gov (United States)

The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for an...

Are classroom internet use and academic performance higher after government broadband subsidies to primary schools?

OpenAIRE

Hyland, Marie; Layte, Richard; Lyons, Sean; McCoy, Selina; Silles, Mary

2013-01-01

This paper combines data from a government programme providing broadband access to primary schools in Ireland with survey microdata on schools', teachers' and pupils use of the internet to examine the links between public subsidies, classroom use of the internet and educational performance. Provision of broadband service under a government scheme was associated with more than a doubling of teachers' use of the internet in class after about a two year lag. Better computing facilities in school...

THE ANALYSIS OF FOREIGN-VESSEL SINKING AS AN EFFORT BY THE GOVERNMENT OF INDONESIA TO COMBAT IUU FISHING PURSUANT TO INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

Kristiyanto - Kristiyanto

2015-12-01

Full Text Available As an archipelagic state, Indonesia possesses some of the most abundant fishery resources in the world. Geographically, Indonesia’s strategic location makes it a challenge, and it is a shared responsibility for all citizens to preserve and conserve these resources. The strategic location and rich biological as well as non-biological marine resources automatically attract foreign vessels to carry out IUU fishing activities, particularly in the area of ZEEI (Indonesian Exclusive Economic Zone. The Government of Indonesia has taken various preventive measures to combat IUU fishing practices through bilateral cooperations and various laws. In addition, the Government has also taken some repressive efforts by burning and sinking foreign vessels. In this study, the researcher will analyze the governmental action pursuant to international law and examine the extent to which the sinking of the ship is effective from the perspective of international law. This study will be conducted using normative and juridical approach by reviewing and analyzing various national and international legal instruments related to IUU fishing. We hope that this study will be able to deliver theoretical and practical benefits for students and other researchers who are interested in the issue of IUU fishing practices.   Keywords : IUU fishing, marine resources, archipelagic state.

The Law of Contract and the Private School.

Science.gov (United States)

Duncan, Deirdre J.; Duncan, Robyn M.

1986-01-01

Explores contract law governing relationships between the student and school authorities, the teacher and the school, and the school and third parties in Australian private schools. Shows that government schools do not meet the conditions for enforceable contracts under Australian law. Includes seven references. (MLH)

Nuclear Law

International Nuclear Information System (INIS)

Pascal, Maurice.

1979-01-01

This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr

The Messianic thought of the rule of law

DEFF Research Database (Denmark)

Abat Ninet, Antoni

The rule of law is nowadays a requirement of democracy, human rights, good governance, needed to limit arbitrariness and provide stability. Meanwhile, a literal definition of the term implies that people should obey the law and the legal acts of the government, and that judicial and state...

Minority coalition governance in Denmark

DEFF Research Database (Denmark)

Christiansen, Flemming Juul; Pedersen, Helene Helboe

2014-01-01

in this share of coalition agreement-based laws. The analyses are based on unique data on legislative as well as governmental coalition agreements entered by three Danish governments with varying parliamentary strength. This study brings the blooming literature on coalition agreements one step further......Coalition governance is a challenge for political parties because it involves cooperation and compromises between parties that have different political goals and are competitors in political elections. Coalition coordination is crucial for the intra-coalitional cooperation of the governing parties....... A key element in coalition coordination is coalition agreements, which to a varying degree constrain the behaviour of the coalition partners. This article explores the share of laws that were precisely defined in government agreements and/or legislative agreements, and sets out to explain variation...

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

African Journals Online (AJOL)

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad - Vol ... Can decentralisation contribute to promoting rule-of-law structures? ... Challenges confronting health care workers in government's ARV rollout: rights and ...

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

International Nuclear Information System (INIS)

Nicklisch, F.

1984-01-01

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

20 CFR 617.16 - Applicable State law.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Applicable State law. 617.16 Section 617.16... law. (a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State— (1) In which the individual is entitled to UI (whether or...

Statistical Laws Governing Fluctuations in Word Use from Word Birth to Word Death

Science.gov (United States)

Petersen, Alexander M.; Tenenbaum, Joel; Havlin, Shlomo; Stanley, H. Eugene

2012-03-01

We analyze the dynamic properties of 107 words recorded in English, Spanish and Hebrew over the period 1800-2008 in order to gain insight into the coevolution of language and culture. We report language independent patterns useful as benchmarks for theoretical models of language evolution. A significantly decreasing (increasing) trend in the birth (death) rate of words indicates a recent shift in the selection laws governing word use. For new words, we observe a peak in the growth-rate fluctuations around 40 years after introduction, consistent with the typical entry time into standard dictionaries and the human generational timescale. Pronounced changes in the dynamics of language during periods of war shows that word correlations, occurring across time and between words, are largely influenced by coevolutionary social, technological, and political factors. We quantify cultural memory by analyzing the long-term correlations in the use of individual words using detrended fluctuation analysis.

48 CFR 1253.222 - Application of labor laws to Government acquisitions.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Application of labor laws... DEPARTMENT OF TRANSPORTATION CLAUSES AND FORMS FORMS Prescription of Forms 1253.222 Application of labor laws... application of labor laws, as specified in (TAR) 48 CFR 1222.406-9: Form DOT F 4220.7, Employee Claim for Wage...

Clinical Social Work. State Laws Governing Independent Practice and Reimbursement of Services. Fact Sheet for the Honorable Daniel K. Inouye, United States Senate.

Science.gov (United States)

General Accounting Office, Washington, DC. Div. of Human Resources.

This fact sheet on state laws governing the independent practice and reimbursement of services for clinical social workers contains information from questionnaires sent to the state agencies responsible for health insurance regulations and Medicaid and licensing activities. Information on Ohio, the only state which did not respond, is not…

Law in orbit

International Nuclear Information System (INIS)

Whitehouse, D.

1988-01-01

The paper concerns space law and regulations to cope with the legal problems that space-faring governments must address. In 1957 the General Assembly of the United Nations established a committee on the peaceful uses of outer space (COPUOS), which worked on a treaty for outer space. COPUOS spent from 1962-1971 formulating a liability convention, and in 1976 a moon treaty was proposed. However COPUOS has not been able to reach a concensus on recent issues, including remote-sensing and communications satellites. COPUOS reached the end of its effective life in 1982, and now there is a need for governments to take a new initiative into Space law and regulations to cope with the problems posed by new technology. (U.K.)

Some laws governing the electrosynthesis of organic compounds with a solid polymetric electrolyte

Energy Technology Data Exchange (ETDEWEB)

Rodionova, N.A.; Avrutskaya, I.A.; Fioshin, M. Ya.; Khrizolitova, M.A.

1986-01-01

The electrosynthesis of organic compounds with a solid polymetric electrolyte (SPE) makes it possible to carry out the process in the absence of a supporting electrolyte. This facilitates the recovery of the desired product, eliminates the inorganic waste products, and allows a small interelectrode distance, and the absence of the accumulation of gases lowers the voltage in the cell. Some laws governing syntheses of SPE were studied in the example cases of the electrochemical reduction of 2,2,6,6-tetramethyl-4-oxopiperidine to 2,2,6,6-tetramethyl-4-hydroxy-piperidine, the reduction of triacetonamine oxime and triacetonamine azine to 2,2,6,6-tetramethyl-4- aminopiperidine and the oxidation of isobutanol to isobutyric acid. The electrolysis with an SPE was carried out under galvanostatic conditions in an electrolyzer of the filter-press type with forced circulation of the catholyte and anolyte. Low reaction rates are found to be characteristic of all the compounds investigated when the electrolysis is carried out with an SPE.

Perspectives of rural and remote primary healthcare services on the meaning and goals of clinical governance.

Science.gov (United States)

Kwedza, Ruyamuro K; Larkins, Sarah; Johnson, Julie K; Zwar, Nicholas

2017-10-01

Definitions of clinical governance are varied and there is no one agreed model. This paper explored the perspectives of rural and remote primary healthcare services, located in North Queensland, Australia, on the meaning and goals of clinical governance. The study followed an embedded multiple case study design with semi-structured interviews, document analysis and non-participant observation. Participants included clinicians, non-clinical support staff, managers and executives. Similarities and differences in the understanding of clinical governance between health centre and committee case studies were evident. Almost one-third of participants were unfamiliar with the term or were unsure of its meaning; alongside limited documentation of a definition. Although most cases linked the concept of clinical governance to key terms, many lacked a comprehensive understanding. Similarities between cases included viewing clinical governance as a management and administrative function. Differences included committee members' alignment of clinical governance with corporate governance and frontline staff associating clinical governance with staff safety. Document analysis offered further insight into these perspectives. Clinical governance is well-documented as an expected organisational requirement, including in rural and remote areas where geographic, workforce and demographic factors pose additional challenges to quality and safety. However, in reality, it is not clearly, similarly or comprehensively understood by all participants.

The protection of environmental interests through corporate governance: A South African company law perspective.

Directory of Open Access Journals (Sweden)

Anthony O Nwafor

2015-07-01

Full Text Available The quest to maximize profits by corporate administrators usually leaves behind an unhealthy environment. This trend impacts negatively on long term interests of the company and retards societal sustainable development. While there are in South Africa pieces of legislation which are geared at protecting the environment, the Companies Act which is the principal legislation that regulates the operations of the company is silent on this matter. The paper argues that the common law responsibility of the directors to protect the interests of the company as presently codified by the Companies Act should be developed by the courts in South Africa, in the exercise of their powers under the Constitution, to include the interests of the environment. This would guarantee the enforcement of the environmental interests within the confines of the Companies Act as an issue of corporate governance.

An Economics-Based Second Law Efficiency

Directory of Open Access Journals (Sweden)

John H. Lienhard

2013-07-01

Full Text Available Second Law efficiency is a useful parameter for characterizing the energy requirements of a system in relation to the limits of performance prescribed by the Laws of Thermodynamics. However, since energy costs typically represent less than 50% of the overall cost of product for many large-scale plants (and, in particular, for desalination plants, it is useful to have a parameter that can characterize both energetic and economic effects. In this paper, an economics-based Second Law efficiency is defined by analogy to the exergetic Second Law efficiency and is applied to several desalination systems. It is defined as the ratio of the minimum cost of producing a product divided by the actual cost of production. The minimum cost of producing the product is equal to the cost of the primary source of energy times the minimum amount of energy required, as governed by the Second Law. The analogy is used to show that thermodynamic irreversibilities can be assigned costs and compared directly to non-energetic costs, such as capital expenses, labor and other operating costs. The economics-based Second Law efficiency identifies costly sources of irreversibility and places these irreversibilities in context with the overall system costs. These principles are illustrated through three case studies. First, a simple analysis of multistage flash and multiple effect distillation systems is performed using available data. Second, a complete energetic and economic model of a reverse osmosis plant is developed to show how economic costs are influenced by energetics. Third, a complete energetic and economic model of a solar powered direct contact membrane distillation system is developed to illustrate the true costs associated with so-called free energy sources.

Code of laws and regulations on atomic energy controls. Showa 53 ed.

International Nuclear Information System (INIS)

1978-01-01

The code has collected above laws and regulations promulgated by 10th February, 1978 and they can be classified into following several categories. 1. Atomic Energy Basic Law and Atomic Energy Commission Establishment Law including their related government orders, regulations and rules. 2. The Law for Regulation of Nuclear Source Material, Nuclear Fuel Material and regulations, rules, instructions and guidelines. 3. The Law on Technical Criteria for the Prevention of Radiation Hazards and the Law Concerning the Prevention of Radiation Hazards due to Radioisotopes, etc. including their related government orders, regulations, rules and announcements. 4. The Law on Compensation for Nuclear Damage with its relating government order and the Law on Indemnity Agreement for Compensation of Nuclear Damage. 5. Laws for establishing those nuclear energy development organizations as Japan Atomic Energy Research Institute, Japan Nuclear Ship Development Agency and Power Reactor and Nuclear Fuel Development Corporation. 6. Other laws relating to atomic energy and radiation utilization including their pertaining regulations, rules, standards, etc. such as: Electricity Business Law; Land Transportation and Cars Law; Ships and Vessels Safety Law; Aviation Law; Employees' Health and Safety Law; Electricity Resources Development Law; and others

Health care law versus constitutional law.

Science.gov (United States)

Hall, Mark A

2013-04-01

National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

Upstream health law.

Science.gov (United States)

Sage, William M; McIlhattan, Kelley

2014-01-01

For the first time, entrepreneurs are aggressively developing new technologies and business models designed to improve individual and population health, not just to deliver specialized medical care. Consumers of these goods and services are not yet "patients"; they are simply people. As this sector of the health care industry expands, it is likely to require new forms of legal governance, which we term "upstream health law." © 2014 American Society of Law, Medicine & Ethics, Inc.

Navigating the legal and ethical foundations of informed consent and confidentiality in integrated primary care.

Science.gov (United States)

Hudgins, Cathy; Rose, Sandra; Fifield, Peter Y; Arnault, Steve

2013-03-01

This article describes findings from ongoing research and analysis of current literature in addition to discussions with leaders in the field, communications with lawyers and administrators of advocacy and government agencies pertaining to integrated primary care (IPC). Standards of care are established based on a myriad of factors, including professional codes of ethics, case law, state and federal laws, professional standards, existing best practices, current professional guidelines, administrative rules and regulations, and licensing board regulations. Regulations may differ for behavioral health and medical providers, posing challenges in IPC settings. This article provides a review of these regulations, particularly 42CFR Part 2, a federal law governing confidentiality for substance abuse programs, Health Insurance Portability and Accountability Act (HIPAA), and state laws relevant to patient care in IPC settings. On the basis of findings from the study, the authors make recommendations related to patient care practices concerning informed consent and release of information procedures, treatment and warm hand-off protocols, documentation and electronic record keeping, agreements with other providers, and billing. (PsycINFO Database Record (c) 2013 APA, all rights reserved).

Codes of Good Governance

DEFF Research Database (Denmark)

Beck Jørgensen, Torben; Sørensen, Ditte-Lene

2013-01-01

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

Islamic law of tort

OpenAIRE

Mohamad, Abdul Basir Bin

1997-01-01

The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...

Thermodynamic laws apply to brain function.

Science.gov (United States)

Salerian, Alen J

2010-02-01

Thermodynamic laws and complex system dynamics govern brain function. Thus, any change in brain homeostasis by an alteration in brain temperature, neurotransmission or content may cause region-specific brain dysfunction. This is the premise for the Salerian Theory of Brain built upon a new paradigm for neuropsychiatric disorders: the governing influence of neuroanatomy, neurophysiology, thermodynamic laws. The principles of region-specific brain function thermodynamics are reviewed. The clinical and supporting evidence including the paradoxical effects of various agents that alter brain homeostasis is demonstrated.

Recent Literature on Government Information

Science.gov (United States)

Sleeman, Bill

2004-01-01

The purpose of this column is to provide government information scholars and students with a broad overview of recent publications about government information from the literature of librarianship, archives, information technology management, public policy and law. Given the volume of literature produced in this field, a columnist cannot claim…

Featuring Control Power: Corporate Law and Economics Revisited

NARCIS (Netherlands)

A.M. Pacces (Alessio)

2008-01-01

textabstractThis dissertation reappraises the existing framework for economic analysis of corporate law. The standard approach to the legal foundations of corporate governance is based on the ‘law matters’ thesis, according to which corporate law promotes separation of ownership and control by

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

Directory of Open Access Journals (Sweden)

Mohamad Mova Al'Afghani

2006-06-01

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

Corporate Governance and the Value of Excess Cash Holdings of Large European Firms

NARCIS (Netherlands)

Schauten, M.B.J.; van Dijk, D.J.C.; van der Waal, J.P.

2013-01-01

We examine the relation between the quality of corporate governance and the value of excess cash for large publicly listed European firms from common-law and civil-law countries. Besides different law origins, we distinguish different dimensions of corporate governance by using ratings for the

49 CFR 1546.211 - Law enforcement personnel.

Science.gov (United States)

2010-10-01

... 49 Transportation 9 2010-10-01 2010-10-01 false Law enforcement personnel. 1546.211 Section 1546... § 1546.211 Law enforcement personnel. (a) At airports within the United States not governed by part 1542...) When using a screening system required by § 1546.101(a), (b), or (c), provide for law enforcement...

Religious law versus secular law
The example of the get refusal in Dutch, English and Israeli law

Directory of Open Access Journals (Sweden)

Matthijs de Blois

2010-06-01

Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

Proposed law concerning the phase-out of nuclear power

International Nuclear Information System (INIS)

1997-01-01

This Government bill that will be presented to the Swedish Parliament, gives the Government the right to revoke the licence of operating a nuclear power plant at a certain time. The operator is given the right to a financial compensation when the licence is revoked, in line with the rules in the expropriation laws. Safety aspects of operation of nuclear installations are not regulated in this law, i.e. the law can not be used when the operating licence is revoked due to safety reasons

Brownian gas models for extreme-value laws

International Nuclear Information System (INIS)

Eliazar, Iddo

2013-01-01

In this paper we establish one-dimensional Brownian gas models for the extreme-value laws of Gumbel, Weibull, and Fréchet. A gas model is a countable collection of independent particles governed by common diffusion dynamics. The extreme-value laws are the universal probability distributions governing the affine scaling limits of the maxima and minima of ensembles of independent and identically distributed one-dimensional random variables. Using the recently introduced concept of stationary Poissonian intensities, we construct two gas models whose global statistical structures are stationary, and yield the extreme-value laws: a linear Brownian motion gas model for the Gumbel law, and a geometric Brownian motion gas model for the Weibull and Fréchet laws. The stochastic dynamics of these gas models are studied in detail, and closed-form analytical descriptions of their temporal correlation structures, their topological phase transitions, and their intrinsic first-passage-time fluxes are presented. (paper)

NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

Directory of Open Access Journals (Sweden)

MARIUS VACARELU

2012-05-01

Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

A governance model for integrated primary/secondary care for the health-reforming first world - results of a systematic review.

Science.gov (United States)

Nicholson, Caroline; Jackson, Claire; Marley, John

2013-12-20

Internationally, key health care reform elements rely on improved integration of care between the primary and secondary sectors. The objective of this systematic review is to synthesise the existing published literature on elements of current integrated primary/secondary health care. These elements and how they have supported integrated healthcare governance are presented. A systematic review of peer-reviewed literature from PubMed, MEDLINE, CINAHL, the Cochrane Library, Informit Health Collection, the Primary Health Care Research and Information Service, the Canadian Health Services Research Foundation, European Foundation for Primary Care, European Forum for Primary Care, and Europa Sinapse was undertaken for the years 2006-2012. Relevant websites were also searched for grey literature. Papers were assessed by two assessors according to agreed inclusion criteria which were published in English, between 2006-2012, studies describing an integrated primary/secondary care model, and had reported outcomes in care quality, efficiency and/or satisfaction. Twenty-one studies met the inclusion criteria. All studies evaluated the process of integrated governance and service delivery structures, rather than the effectiveness of services. They included case reports and qualitative data analyses addressing policy change, business issues and issues of clinical integration. A thematic synthesis approach organising data according to themes identified ten elements needed for integrated primary/secondary health care governance across a regional setting including: joint planning; integrated information communication technology; change management; shared clinical priorities; incentives; population focus; measurement - using data as a quality improvement tool; continuing professional development supporting joint working; patient/community engagement; and, innovation. All examples of successful primary/secondary care integration reported in the literature have focused on a combination

THE BECOMING-OTHER OF LAW: PRELIMINARIES FOR A CITIZEN'S CONCEPTUALIZATION OF LAW

OpenAIRE

Miranda, Ricardo

2017-01-01

Abstract: The author's hypothesis is that modern legal theories view law solely from the standpoint of ruling class or, in Hartian language, from the external point of view. Why? In sume because legal philosophers have implicitly accepted law as the exclusive domain of government and partisan politics. This approach, however, has been disrupted by poststructuralist political developments, which serve as a powerful impetus to modify prevailing concepts. This analysis begins with Benjamín Ardit...

TORT CHOICE OF LAW AND INTERNATIONAL FUNDAMENTAL ...

African Journals Online (AJOL)

OLAWUYI

The question then was which Province's law should govern. ... rigid rule on the international level could give rise to injustice, in certain ..... practice the lex loci, six practice a hybrid model, five practice the better law, three practice significant.

THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

ROXANA-MARIANA POPESCU

2011-04-01

Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

Contesting sharia: state law, decentralization and Minangkabau custom

OpenAIRE

Huda, Yasrul

2013-01-01

This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes that religious matters are excluded from the authority of local government, the legislation of Sharia by local authorities is justified by the argument that Sharia, in addition to Minangkabau custom...

Contract Law in a Comparative Perspective

Directory of Open Access Journals (Sweden)

- Suharnoko

2012-05-01

Full Text Available The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but they have not recognized pre contractual liability and have not applied the doctrine of unjustified enrichment in disputes regarding illegal contract. As practical matter, the integration clause under common law system stipulated in contract governed by Indonesian law, whereas Internasional Convention on Sale of Good regarding this issue adopts civil law system.

45 CFR 5.68 - Exemption seven: Law enforcement.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Exemption seven: Law enforcement. 5.68 Section 5... INFORMATION REGULATIONS Reasons for Withholding Some Records § 5.68 Exemption seven: Law enforcement. We are not required to disclose information or records that the government has compiled for law enforcement...

32 CFR 644.440 - Application of antitrust laws.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Application of antitrust laws. 644.440 Section... Application of antitrust laws. Section 207 of the Federal Property Act provides that real property and related... the antitrust laws. Prior to obligating the Government on any such disposal, the District Engineer...

Evolution of municipal law in 2014-2016.

Directory of Open Access Journals (Sweden)

Yury Blagov

2017-01-01

Full Text Available УДК 342The subject. This article is devoted the municipal reform 2014-2016. The reform of state are institutes of territorial organization, organizational principles, competency bases of local self-government.The purpose of this paper is to show that the municipal reform 2014-2016 is directed on limiting local self-government and the subordination of local self-government to state authorities of the subjects of Russia.Methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope. Urban districts with intracity and intercity division areas – two new municipalities have been legally introduced. In science municipal law formed two points of view on the admissibility and feasibility of separating the urban district in the inner city areas. According to the first point of view, the separation of large urban districts in the inner city areas is acceptable and appropriate. According to the second point of view, the separation of large urban districts in the inner city areas is unacceptable and inappropriate. The author adheres to the second point of view, since the introduction of a two-tier model of local government organization would violate the principle of unity of municipal economy, will lead to the rupture of a single urban space on the organizational and financial sustainability areas dependent city district, will lead to a sharp increase in the number of deputies and municipal employees, unnecessary increase financial expenses.Municipal and regulatory policy in the sphere of organizational principles of local self-government is aimed at the maximum limit of direct elections of the population of the local self-government, which leads to their further alienation from the local authorities (the direct election of saved only 11 urban districts (13 %, which are the administrative centers of the subject of the Russian Federation. In addition, the actual

Beyond shareholder primacy? Reflections on the trajectory of UK corporate governance.

OpenAIRE

Armour, J.; Deakin, S.; Konzelmann, Suzanne J.

2003-01-01

Core institutions of UK corporate governance, in particular the City Code on Takeovers and Mergers, the Combined Code on Corporate Governance and the law on directors’ duties, are strongly orientated towards the norm of shareholder primacy. Beyond the core, however, stakeholder interests are better represented, in particular at the intersection of insolvency and employment law. This reflects the influence of European Community laws on information and consultation of employees. In addition, th...

5 CFR 1201.125 - Administrative law judge.

Science.gov (United States)

2010-01-01

... PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action... complaint seeking disciplinary action against a Federal or District of Columbia government employee for a...

The Normalising Power of Marriage Law: An Irish Genealogy, 1945 – 2010

OpenAIRE

McGowan, Deirdre

2015-01-01

Marriage law is often conceptualised as an instrument of power that illegitimately imposes the will of the State on its citizens. Paradoxically, marriage law is also offered as a route to liberation. In this thesis, I question the efficacy of this type of analysis by investigating the actual power effects of marriage law. Using Michel Foucault’s concepts of bio-power and government, and his genealogical approach to history, I identify the role played by marriage law in governing the social do...

Powerful subjects of tax law enforcement

Directory of Open Access Journals (Sweden)

Igor Dementyev

2017-01-01

Full Text Available УДК 342.6The subject. Competence of government bodies and their officials in the sphere of application of the tax law is considered in the article.The purpose of research is to determine the ratio of tax enforcement and application of the tax law, as well as the relationship between the concepts “party of tax enforcement” and “participant of tax legal relations”.Main results and scope of their application. The circle of participants of tax legal relations is broader than the circle of parties of tax law enforcement. The participants of tax legal relations are simultaneously the subjects of tax law, because they realize their tax status when enter into the tax relationships. The tax and customs authorities are the undoubted parties of the tax law enforcement.Although the financial authorities at all levels of government are not mentioned by article 9 of the Tax Code of the Russian Federation as participants of tax relations, they are parties of tax enforcement, because they make the agreement for deferment or installment payment of regional and local taxes.Scope of application. Clarification of participants of tax legal relations and determination of their mutual responsibility is essential to effective law enforcement.Conclusion. It was concluded that the scope tax law enforcement is tax proceedings, not administrative proceedings, civil (arbitration proceedings or enforcement proceedings.The application of the tax law is carried out not only in the form of tax relations, but also in relations of other branches of law.

Imperialism and accountability in corporate law: the limitations of incorporation law as a regulatory mechanism

OpenAIRE

Foster, Nicholas HD; Ball, Jane

2006-01-01

This article discusses the limitations of the law incorporating a corporation (‘incorporation law’) as a control or governance mechanism in a world where it is increasingly difficult to prevent corporations choosing the incorporation law which suits them best. It uses as an example of the globalising pressures in this field three important cases on the right of establishment in the European Union.

16 CFR 436.10 - Other laws and rules.

Science.gov (United States)

2010-01-01

... CONCERNING FRANCHISING Other Provisions § 436.10 Other laws and rules. (a) The Commission does not approve or... franchise practices laws of any state or local government, except to the extent of any inconsistency with...

Rule of law on the go : new developments of mobile governance

OpenAIRE

Poblet, Marta

2011-01-01

This paper offers an overview of the emerging domain of mobile governance as an offspring of the broader landscape of e-governance. Mobile governance initiatives have been deployed everywhere in parallel to the development of crowdsourced, open source software applications that facilitate the collection, aggregation, and dissemination of both information and data coming from different sources: citizens, organizations, public bodies, etc. Ultimately, mobile governance can be seen as a tool to ...

THE ROLE OF LOCAL GOVERNMENT IN EVICTIONS

African Journals Online (AJOL)

Jeannie

of local government laws was passed to kick-start a new local government structure .... when it is being used for business, trade or industrial purposes. 18 ..... The rationale behind joinder is one of convenience - time, effort and costs are saved.

CORPORATE GOVERNANCE – WAY OF GOVERNANCE FOR MODERN COMPANIES

Directory of Open Access Journals (Sweden)

Alina HAGIU

2016-05-01

Full Text Available Through corporate governance is aimed the building of a structure enabling a wide degree of freedom, within the law, and includes several changes of principle in accordance with international standards of transparency. A good governance within an organization mitigate risk, increase performance, pave the way towards financial markets, brings competitive goods and services on market, improves management style, show transparency towards all stakeholders and social responsibility. The lack of some mandatory rules and structures can lead to chaos in business. The paper aims to present the role and the importance of the corporate governance for modern companies, as well as the principles on which this is based. In order to do that we also identified the main ways to quantificate the level of corporate governance, including also the non-financial performance criteria used by investors to assess companies listed on stock exchange.

The importance of domestic law to international arms control

International Nuclear Information System (INIS)

Lehman, R.F. II.

1993-11-01

Studies of arms control and disarmament tend to focus on political, military, and diplomatic processes. Recently, in the context of the conversion of defense activities to civilian use, the economic aspects of arms control have also received renewed interest. The legal dimension, however, is in need of fresh examination. Both international and domestic law are sailing increasingly in uncharted waters. Recent arms control agreements and related developments in international peacekeeping have expanded the scope of international law and altered how one perceives certain fundamentals, including the principle of national sovereignty. Still, the nation state is largely unchallenged as the primary actor in international affairs. National governments retain near absolute sovereign rights and responsibilities even in an age of trans-national economic integration and codified international norms for human rights, freedom of the press, and the peaceful resolution of disputes. Indeed, the role of domestic law in arms control and disarmament may be more significant now than ever before. A brief review of relationships between arms control and domestic law should illustrate ways in which ones thinking has been underestimating the importance of domestic law. Hopefully, this survey will set the stage properly for the excellent, more detailed case studies by Elinor Hammarskjold and Alan Crawford. Toward that end, this paper will highlight a number of more general, and sometimes provocative, themes. These themes should be kept in mind when those two complementary presentations are considered

The importance of domestic law to international arms control

Energy Technology Data Exchange (ETDEWEB)

Lehman, R.F. II

1993-11-01

Studies of arms control and disarmament tend to focus on political, military, and diplomatic processes. Recently, in the context of the conversion of defense activities to civilian use, the economic aspects of arms control have also received renewed interest. The legal dimension, however, is in need of fresh examination. Both international and domestic law are sailing increasingly in uncharted waters. Recent arms control agreements and related developments in international peacekeeping have expanded the scope of international law and altered how one perceives certain fundamentals, including the principle of national sovereignty. Still, the nation state is largely unchallenged as the primary actor in international affairs. National governments retain near absolute sovereign rights and responsibilities even in an age of trans-national economic integration and codified international norms for human rights, freedom of the press, and the peaceful resolution of disputes. Indeed, the role of domestic law in arms control and disarmament may be more significant now than ever before. A brief review of relationships between arms control and domestic law should illustrate ways in which ones thinking has been underestimating the importance of domestic law. Hopefully, this survey will set the stage properly for the excellent, more detailed case studies by Elinor Hammarskjold and Alan Crawford. Toward that end, this paper will highlight a number of more general, and sometimes provocative, themes. These themes should be kept in mind when those two complementary presentations are considered.

International Treaties Tax Law in Brazilian Law

Directory of Open Access Journals (Sweden)

Milena Zampieri Sellmann

2016-06-01

Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

A governance model for integrated primary/secondary care for the health-reforming first world – results of a systematic review

Science.gov (United States)

2013-01-01

Background Internationally, key health care reform elements rely on improved integration of care between the primary and secondary sectors. The objective of this systematic review is to synthesise the existing published literature on elements of current integrated primary/secondary health care. These elements and how they have supported integrated healthcare governance are presented. Methods A systematic review of peer-reviewed literature from PubMed, MEDLINE, CINAHL, the Cochrane Library, Informit Health Collection, the Primary Health Care Research and Information Service, the Canadian Health Services Research Foundation, European Foundation for Primary Care, European Forum for Primary Care, and Europa Sinapse was undertaken for the years 2006–2012. Relevant websites were also searched for grey literature. Papers were assessed by two assessors according to agreed inclusion criteria which were published in English, between 2006–2012, studies describing an integrated primary/secondary care model, and had reported outcomes in care quality, efficiency and/or satisfaction. Results Twenty-one studies met the inclusion criteria. All studies evaluated the process of integrated governance and service delivery structures, rather than the effectiveness of services. They included case reports and qualitative data analyses addressing policy change, business issues and issues of clinical integration. A thematic synthesis approach organising data according to themes identified ten elements needed for integrated primary/secondary health care governance across a regional setting including: joint planning; integrated information communication technology; change management; shared clinical priorities; incentives; population focus; measurement – using data as a quality improvement tool; continuing professional development supporting joint working; patient/community engagement; and, innovation. Conclusions All examples of successful primary/secondary care integration reported in

Occupational safety and health law handbook

Energy Technology Data Exchange (ETDEWEB)

Sarvadi, D.G. [ed.; Keller; Heckman

1999-09-01

This book reviews the regulations and standards governing the protection of employees in the workplace and provides insight into dealing with pertinent regulations and regulatory authorities. Written for safety professionals, industrial hygienists, human resource professionals, attorneys, and students, this companion to Government Institutes' best-selling ``Environmental Law Handbook'' offers the legal fundamentals behind occupational safety and health laws in one concise and authoritative volume. In 19 chapters, the authoring law firm of Keller and Heckman cover the OSHAct and its development; OSHA, NIOSH, and OSHRC; the roles played by other regulatory agencies; the OSHA rulemaking process; OSHA Standards and the General Duty Clause; record keeping and reporting; employers' and employees' rights; inspections; violations, penalties, and how to contest them; criminal prosecutions; state plans; industry-specific issues; OSHA reform; and international regulations and standards. This book references approximately 400 seminal OSHA legal decisions from the approximately 1,300 cases on record and includes coverage of Canadian and European Community regulations, making it the first comprehensive global overview of occupational safety and health law.

Control of territorial communities in local government

Directory of Open Access Journals (Sweden)

О. А. Смоляр

2015-11-01

Full Text Available According to Art. 5 of the Constitution of Ukraine all power in Ukraine belong to people, which is primary, unified, inalienable and carried people through free will through elections, referendum and other forms of direct democracy, including those intended to control the activity of bodies and officials of the government and local government. Paper objective. At the local level the main supervisory entity in local government is local community. Consolidation of the Constitution of Ukraine the primary subject of local self-government territorial community not only meets current international practice, but also the historical traditions of Ukrainian people. Control territorial community in all phases of local government is one of the most important functions of managing the development of appropriate settlements, and therefore needs an effective mechanism of legal regulation, clearly define mutual rights and responsibilities of controlling and controlled entities. Recent research and publications analysis. Problems Assessment of local communities and the activities of local government officials in their works viewed Y.G. Barabash, P.M. Liubchenko, O.D. Skopych, Y.P. Strilets. However, given the variety of aspects of this area of research remain many questions that need resolving, on which depends largely on the further process of local governance. The paper main body. The existing regulation territorial communities can exercise control in local government actually only through local governments. The control of the executive bodies of village, town council municipalities can only be made through the appropriate council. The existing regulation of territorial communities can exercise control in local government actually only through local governments. The control of the executive bodies of village, town council municipalities can only be made through the appropriate council. The author emphasizes that only by implementing self-control powers local

Model Penguatan Kapasitas Pemerintah Desa dalam Menjalankan Fungsi Pemerintahan Berbasis Electronic Government (E-Government menuju Pembangunan Desa Berdaya Saing

Directory of Open Access Journals (Sweden)

Sulismadi Sulismadi

2017-06-01

Full Text Available One aspect that needs to be studied more deeply about the village administration in the era of village autonomy is the ability of the human resources in the management of village government in accordance village governance objectives and the demands of, “Undang – undang no 06 Tahun 2014 about the village. The capacity of the village government deemed not qualified to run the authority possessed by law the village. Weak capacity of rural government impact on law implementation failure that led to the poor rural village development. This study examines these issues. This study used qualitative research methods. The unit of analysis of this research that the village government Landungsari Dau District of Malang, East Java. This study was conducted over three years (2016, 2017, 2018. The findings of the research during the last four months in the first year of the study is Landungsari village administration showed a good performance in governance at the village of village autonomy era (the era of the Village Law. The village government is able to carry out rural development planning, village administrative governance, and the financial management of the village properly. Nevertheless, the village government also faces serious problems is the lack of human resource capacity of the village administration, village very less quantity, and village officials do not understand the duties of each. To address these issues, the village government seeks to organize village governance based on information technology (e-government, but the effort has not worked well because the village government does not have a human resources professional in the field of information technology and the village government does not have enough budget to develop the e-government program. Therefore, the research team conducting FGD on the development of e-government program. FGD village government resulted in an agreement in cooperation with governmental science labs and e-government

Governance matters: an ecological association between governance and child mortality.

Science.gov (United States)

Lin, Ro-Ting; Chien, Lung-Chang; Chen, Ya-Mei; Chan, Chang-Chuan

2014-09-01

Governance of a country may have widespread effects on the health of its population, yet little is known about the effect of governance on child mortality in a country that is undergoing urbanization, economic development, and disease control. We obtained indicators of six dimensions of governance (perceptions of voice and accountability, political stability and absence of violence, government effectiveness, regulatory quality, rule of law, and control of corruption) and national under-5 mortality rates for 149 countries between 1996 and 2010. We applied a semi-parametric generalized additive mixed model to examine associations after controlling for the effects of development factors (urbanization level and economy), disease control factors (hygienic conditions and vaccination rates), health expenditures, air quality, and time. Governance, development, and disease control showed clear inverse relations with the under-5 mortality rate (pcountry's need for better governance is as important as improvements in development and disease control. © The Author 2014. Published by Oxford University Press on behalf of Royal Society of Tropical Medicine and Hygiene.

Bernard Bekink's principles of South African Local Government Law ...

African Journals Online (AJOL)

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 9, No 3 (2006) >. Log in or Register to get access to full text downloads.

People, Governance and Forests—The Stumbling Blocks in Forest Governance Reform in Latin America

Directory of Open Access Journals (Sweden)

Arnoldo Contreras-Hermosilla

2011-01-01

Full Text Available This article examines common barriers to achieving adequate levels of forest resource governance in countries of Latin America. It looks at the deficiencies of the policy and regulatory frameworks affecting forests, the common failure to impose the rule of law, the main factors that constrain the effectiveness of government actions in the forest sector and at the political barriers to introducing reforms for change in governance structures. The elimination of these barriers acquires new importance in the implementation of successful REDD+ programs in the countries of the region.

Emergence of the second law out of reversible dynamics

NARCIS (Netherlands)

Willigenburg, van L.G.; Koning, de W.L.

2009-01-01

Abstract If one demystifies entropy the second law of thermodynamics comes out as an emergent property entirely based on the simple dynamic mechanical laws that govern the motion and energies of system parts on a micro-scale. The emergence of the second law is illustrated in this paper through the

The Proprietary Foundations of Corporate Law

OpenAIRE

John Armour; Michael J Whincop

2005-01-01

Recent work in both the theory of the firm and of corporate law has called into question the appropriateness of analysing corporate law as ‘merely’ a set of standard form contracts. This article develops these ideas by focusing on property law’s role in underpinning corporate enterprise. Rights to control assets are a significant mechanism of governance in the firm. Practical circumstances dictate that such rights must be shared. Property law protects the rights of co-owners against each othe...

Human Rights Arrangement on Indonesian Law

Directory of Open Access Journals (Sweden)

S. Masribut Sardol

2014-01-01

Full Text Available Article 1 paragraph (3 of the Constitution of 1945 (UUD 1945 stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J, have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011. How To Cite: Sardol, S. (2014. Human Rights Arrangement on Indonesian Law. Rechtsidee, 1(1, 85-100. doi:http://dx.doi.org/10.21070/jihr.v1i1.105

Legal aspects of radioactive waste disposal from the mining law point of view

International Nuclear Information System (INIS)

Kuehne, G.

1992-01-01

The contribution discusses the scope of the regulations laid down by the Mining Laws, the plan-of-working procedures stipulated by these laws, the significance of the clause which watches over the conservation of resources ('Rohstoffsicherungsklausel', Paragraph 48/I/p, 2 BBergG) as a clause watching over the availability of repositories, and the responsibilities of the Government and the Lands for administrative procedures within the Mining Laws. The deficiencies of the system with regard to the administrative synchronization of the Atomic Energy Laws and the Mining Laws suggest a reform of the Atomic Energy Law. Although the elimination of such deficiencies has never been the subject of the respective preparatory discussions the reform intends to relieve the Government of any obligation laid down by Paragraph 9a, section 3 of the Atomic Energy Law by putting repository installation and operation into private hands. In view of this target one must be aware of the fact that the Federal Government may have to succumb to the Lands when it comes to executing the regulations of the Mining Laws. A solution of that kind cannot be recommended in view of the fact that one plans to treat every case by applying one kind of licensing procedure in accordance with paragraph 7 of the Atomic Energy Laws and to extend the Government's authority to issue directives (section 85, 3 of the Basic Law for the Federal Republic of Germany) to legal matters which are wound up by the very Lands. (orig./HSCH) [de

Assessment of Corporate Governance in Jordan: An Empirical Study

Directory of Open Access Journals (Sweden)

Sinan S. Abbadi

2011-09-01

Full Text Available This paper assesses the reality of corporate governance in Jordan. It identifies the framework of corporate governance, which has here been set into two dimensions – institutionalisations and regulations – and describes the five major principles of corporate governance. The study was carried out by interviews with key employees and the review of related laws and selected annual reports. The study found (1 basic shareholder rights were honoured in decision-making, except for large decisions such as major asset sales; (2 shareholders were not treated equitably in practice, although controllers sometimes took action and prohibited insider trading; (3 the role and rights of stakeholders in corporate governance were respected, and stakeholders had a number of legal protections, which were largely covered in Jordan's Company Law; (4 disclosure and transparency were observed to a large extent, although limited to quantity rather than quality, because Jordan has fully adopted IFRS and ISA and (5 boards largely fulfilled their responsibilities, as these are extensively defined by law and regulation.

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

Energy Technology Data Exchange (ETDEWEB)

Serafim, Fabrizia Pessoa

2010-07-01

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

A primary reduced TCA flux governs substrate oxidation in T2D skeletal muscle

DEFF Research Database (Denmark)

Gaster, Michael

2012-01-01

Our current knowledge on substrate oxidation in skeletal muscle in relation to insulin resistance and type 2 diabetes (T2D) originate mainly from in vivo studies. The oxidative capacity of skeletal muscle is highly influenced by physical activity, ageing, hormonal status, and fiber type composition...... further regulatory mechanism to our understanding of substrate oxidation in human skeletal muscle during normo- an pathophysiological conditions, focusing especially on the governing influence of a primary reduced TCA flux for the diabetic phenotype in skeletal muscle....

Origins and framework of environmental law in the United States

Energy Technology Data Exchange (ETDEWEB)

Robinson, N A

1975-11-01

A sensitivity for protecting the environment has opened a new field of Environmental Law, backed by government allocations, legal and administrative procedures, and public involvement. Environmental laws, however, remain responsive to new scientific and technological discoveries and expanding public pressures for both environmental protection and energy. Prior to the 1960s, there were laws to regulate resource exploitation, preserve natural areas, correct past damage, protect public health, control land use, and preserve common law and equity. Since then environmental concerns have become laws, agencies, and part of the law school curriculum. New regulations requiring accountability from the private sector, local governments, and public corporations (e.g., utilities) tend to cut across jurisdictions and require changes in governmental relationships. The legal tools available for protecting the environment include (1) regulation, such as permit and licensing systems and allocations; (2) procedural innovations, such as environmental impact analysis and reporting; (3) direct action, such as imposed air and water quality standards; (4) taxation; (5) government spending and contracting, as in solid waste disposal; (6) grants-in-aid and loans; (7) court enforcement; (8) coordinated land use; and (9) research. Citizen participation in the use of these tools has been vital to the momentum of an environmental protection concept. (150 references) (DCK)

Business Climate and Good Governance

Directory of Open Access Journals (Sweden)

Besmira Manaj

2015-03-01

Full Text Available This paper consists of three factors, namely: Good Governance, Business Climate and Corruption. How they affect the development product of Albania, not only as a concept, and a principle but mostly as a sensitive aspect in the integration process. There are some interpretations of this concept, but I intend to analyze the key factors and actors, their cooperation and concrete production in society. Improving governance is necessary to have an integrated long term strategy based upon a continuous cooperation between institutions and citizens. But in developing countries like Albania there are some important questions such as: How can we measure the improvement of Good Governance through policies? Has Good Governance indicated an effective way for the sustainable development? (Meisel, 2008, 6. These question give us the orientation to reflect about the process of development, social economic political behavior and how this multidimensional is transformed in product of good governance. The business cycle is strongly connected with many aspects of political-, social-, juridical aspects and good governance. Despite attempts to draft law regulations, the level of corruption and informality in Albania continues to be a major obstacle. The credibility level in the implementation of law is an indicator that affects democratization and institutional integration. At present, different reports of international institutions, define Albania as the country with the highest level of Corruption in the Balkans, which is a key factor influencing business. The ways with

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

NARCIS (Netherlands)

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

2013-01-01

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

Corporate Governance in the Swedish Banking Sector

OpenAIRE

Palmberg, Johanna

2010-01-01

This paper studies the corporate governance structure among Swedish banks. Who controls the Swedish banks and what characteristics does the Swedish banking sector have? Issues related to corporate governance such as ownership structure, board of directors and control-enhancing mechanisms will be studied. The Swedish banking law, how Swedish banks handled the financial crises and government measures to deal with the financial crisis is also analyzed.

Dynamic Support of Government in Online Shopping

OpenAIRE

Hai, Le Chi; Alam Kazmi, Syed Hasnain

2015-01-01

Advancements in online shopping for consumers requires consistent government support policies and the introduction of substantial government laws and regulations. In order to establish innovative developments in online shopping market environment that makes online shopping faster and stable, the government perspective is vital with the Technology Acceptance Model (TAM) for research and development in online shopping behavior for consumer’s confidence and their purchase intention. The proposed...

Energy law and the environment

Energy Technology Data Exchange (ETDEWEB)

Rosemary Lyster; Adrian Bradbrook [University of Sydney, Sydney, NSW (Australia)

2006-08-15

The current unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. Contents are: Overview of energy production and use in Australia; 2. Energy technologies and sustainable development; 3. Energy, international environmental law and sustainable development; 4. Evaluating Australian government initiatives relating to energy, climate change and the environment; 5. Sustainable energy in the Australian electricity and gas sectors; 6. State government initiatives relating to energy and the environment; 7. A sustainable energy law future for Australia. 2 apps.

Law Panel in action.

Science.gov (United States)

Odulana, J

In September 1976 the Africa Regional Council (ARC) of IPPF created a Law Panel to 1) advise the ARC on the emphasis of laws and parenthood programs in the region, 2) investigate legal obstacles to family planning and ways of removing them, 3) institute a monitoring service on laws and court decisions affecting planned parenthood, and 4) prepare a list of lawyers and legal reformers by country. The panel has 1) recommended adoption of an IPPF Central Medical Committee and Central Law Panel statement on sterilization, adolescent fertility control, and the use of medical and auxiliary personnel in family planning services with guidelines for Africa; 2) appointed National Legal Correspondents to carry on the monitoring service mentioned above in 18 countries; and 3) discussed solutions to problems in delivering family planning services with family planning associations in Tanzania, Zambia, Mauritius, Madagascar, and Kenya. Laws governing family planning education and services, marriage, divorce, and maternity benefits in these countries are summarized. In 1978 the panel will hold 2 workshops on law and the status of women.

Order to initiate a plan approval procedure under atomic energy law - final waste disposal site Salzgitter ('Konrad' pit)

International Nuclear Information System (INIS)

Anon.

1991-01-01

The extend and limits up to which an order under Article 85 III of the Basic Law is binding follows directly from the competential rights the Basic Law assigns to the Federal Government and the state governments. An infringement of these rights can only be asserted before the Federal Constitutional Court as a Federal Government-State Government conflict. 2. On the interpretation and application of Article 85 III of the Basic Law. (orig.) [de

Challenges confronting health care workers in government's ARV ...

African Journals Online (AJOL)

Challenges confronting health care workers in government's ARV rollout: rights and responsibilities. ... Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... Unless the rights of HCWs are recognised and their needs adequately addressed, the best laid plans of government will be at risk.

An accurate von Neumann's law for three-dimensional foams

NARCIS (Netherlands)

Hilgenfeldt, Sascha; Kraynik, Andrew M.; Koehler, Stephan A.; Stone, Howard A.

2001-01-01

The diffusive coarsening of 2D soap froths is governed by von Neumann's law. A statistical version of this law for dry 3D foams has long been conjectured. A new derivation, based on a theorem by Minkowski, yields an explicit analytical von Neumann's law in 3D which is in very good agreement with

Governance in the marine environment

OpenAIRE

Appleby, T.

2015-01-01

The governance of the UK Overseas Territories and Crown Dependencies is complex, endlessly fascinating and often politically charged. There is no area where this complexity is more demonstrable than in the marine environment, where the issues of extended maritime boundaries granted under the United Nations Convention on the Law of the Sea, fishing and prospecting rights, marine conservation and competing sovereignty mean that the practical application of the law in this area is particularly d...

LOCAL GOVERNMENT ROLE IN THE SOLVING OF CATCHING FISH ILLEGALLY IN ACEH REGION

Directory of Open Access Journals (Sweden)

Adwani

2016-01-01

Full Text Available This study aimed to describe the shape of local government actions in tackling illegal fishing in Aceh, the handling of illegal fishing destructive fishery resources. The fundamental point is Law No. 45 Year 2009 concerning fisheries. This spesification of this research descriptive analysis, used both normative juridical approach and empirical. The results showed that the local government has made an effort preventive and repressive in the case of illegal fishing. To coordinate with relevant agencies and empower the role of traditional institutions of the sea to assist the role of government and law enforcement.Local governments should improve the coordination and supervision of the marine area, to monitor and evaluate the performance of local authorities in applying the law against this illegal fishing case.

The protection of juveniles under Cameroon criminal law and procedures through the lens of international standards

Directory of Open Access Journals (Sweden)

Thomas Ojong

2017-10-01

Full Text Available While the legislative framework on the adminitration of juvenile justice in Cameroon may currently be adequate and in compliance with the international conventions ratified by the State, the implementation of the national law should be the primary mechanism through which human rights are realized. Cameroon is usually said to be a State with good laws but poor implementation. With recourse to the normative and empirical methods, this article explores the provisions on the protection of juveniles in Cameroon criminal law and procedures through the lens of internationally recognized principles. It looks at the provisions as they are interpreted and applied by the Courts. The prospect being to invite the Government and all the stakeholders to embark on establishing the structures provided for and ensure effectiveness in the enforcement of juvenile justice in the country so as to overcome the current weaknesses that the system is experiencing.

Contesting sharia : state law, decentralization and Minangkabau custom

NARCIS (Netherlands)

Huda, Yasrul

2013-01-01

This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes

Ninth German symposium on atomic energy law

International Nuclear Information System (INIS)

Lukes, R.; Birkhofer, A.

1991-01-01

The symposium dealt with the forthcoming amendment to the Atomic Energy Law. There was an introductory presentation of the plans of the Federal Government for the amendment the aims attached to the amendment as seen by the Social Democratic Party and the revival of the nuclear option. The topics of the five work sessions were: questions concerning constitutional law - Laender administration on behalf of the Federal Government - subordinate legislation in the system of energy law; legislation on liability; financial security financing of decommissioning; licensing, supervision, retrofitting; waste disposal, ultimate waste disposal, fuel cycle. All lectures held in the work sessions and the reports on the discussions following them are included. Finally the amendment project was considered from the technological point of view and a resume was drawn. All 22 lectures have been seperately prepared for retrieval from the database. (HSCH) [de

Mining law and energy law in the context of today's most urgent problems

International Nuclear Information System (INIS)

Hueffer, U.; Ipsen, K.; Tettinger, P.J.

1989-01-01

Present mining law and energy law is discussed in 29 papers. Fundamental aspects of legal policy are discussed from the view of the Federal Government and of the Land of Nordrhein-Westfalen. Among the subjects discussed are: Property rights and mining; brown coal projecting; instruments for the promotion of power generation from coal; law on mining damage, industrial safety, and social security. There are several papers on legal problems of power supply, e.g. the autonomy of public utilities, the construction of power supply networks, the utilisation of renewable energy sources, waste incineration, and court decisions in the nuclear licensing procedure. There is a section on international law and a comparison of legal regulations, comprising: legal measures and standards within the IAEA; organisation and tasks of the IEA, energy law and energy policy of the USA, Japan, Great Britain, France, and the COMECON states (the latter referred to the production of energy sources and the electric power generation capacity). (orig./HP) [de

Does the Wagner’s Law hold for Thailand? A Time Series Study

OpenAIRE

Sinha, Dipendra

2007-01-01

Wagner’s Law suggests that as the GDP of a country increases, so does its government expenditure. We test for the Law for Thailand using recent advances in econometric techniques. Both total and per capita GDP and government expenditure are used. Ng-Perron unit root tests show that all variables are integrated of order 1. Toda-Yamamoto tests of Granger causality show that there is no causality flowing from either direction between GDP and government expenditure. Autoregressive Distributed Lag...

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

International Nuclear Information System (INIS)

Sugawara, Shin-etsu; Shiroyama, Hideaki

2011-01-01

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

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

Directory of Open Access Journals (Sweden)

LJ Kotze

2006-05-01

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

Redesigning government regulations towards a tobacco endgame strategy: a comparative law approach

Directory of Open Access Journals (Sweden)

Lee Edson Yarcia

2018-03-01

Incorporation of international law in domestic law allows States to formulate tobacco endgame strategies through legislative and/or executive actions. The formulation based on the Philippines could be a basis for other States to formulate their respective end game strategies, taking into consideration their unique political, cultural, economic, and epidemiological contexts.

Adjudication and Aribitrability of Government Construction Contracts ...

African Journals Online (AJOL)

The former laws apply where a private individual or company usually referred to as 'employer' (otherwise known as 'owner' or 'client') enters into a construction contract with a contractor. And the latter involves a government department which intends to have construction works carried out on behalf of the government for ...

Rules on the conflict of laws in the matter of succession in Romanian private international law

Directory of Open Access Journals (Sweden)

Daniel BERLINGHER

2014-12-01

Full Text Available Until the entry into force of the new Civil Code (1 October 2011, the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied and the inheritance of immovable property (to which lex rei sitae applied. At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law. In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter. As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code.

Kazan Arbitration Day: The Rule-of-Law Development and Regional Governance

Directory of Open Access Journals (Sweden)

Damir Valeev

2017-01-01

Full Text Available The third Annual Symposium of the Journal “Herald of Civil Procedure” “2016 –KazanArbitration Day: The Rule-of-Law Development and Regional Governance” was hosted by the Law Faculty on September 30, 2016.The opening ceremony of the event took place in the Hall of the Board of Trustees of theKazanUniversity, followed by an academic discussion on legal issues of the Symposium. The Symposium participants and invited guests had the opportunity to discuss the most current and topical issues of civil procedural law, to present the latest Russian and foreign academic works in this direction to colleagues, to offer further ways of development of contemporary civil procedure, and to exchange experience and accumulated knowledge.The Symposium discussed both the issues that directly related to arbitration proceedings as well as the most relevant news in the field of civil procedure and enforcement proceedings in general.

Criminal Law in Nigeria in the Last 53 Years: Trends and Prospects for the Future

Directory of Open Access Journals (Sweden)

Akeem Olajide Bello

2013-03-01

Full Text Available Objectives: The article is an overview of developments in substantive criminal law in Nigeria in the last 53 years. It examines the sharing of constitutional legislative powers to enact criminal laws between the federal (national government and the state (local governments. The examination of federal laws revealed proactive legislative activity responding to emerging local and international criminal law issues. The main development at the state level is the introduction by States in Northern Nigeria of Sharia Penal Codes and the enactment of the Criminal Law of Lagos State 2011. A common trend is the entrenchment of death penalty as punishment for some crimes. Implications: While federal criminal laws have responded to emerging realties, state criminal laws have generally failed to respond to emerging issues at the state level. Consequently, in most of the southern states criminal laws introduced in 1916 have continued to apply. Value: The paper demonstrates the need for southern States to reform their criminal laws to respond to emerging realties, the federal government to respond to some outstanding criminal law issues and calls for a suspension of death penalty and a revaluation of its continued relevance.

The Theory of Global Governance, Constitutionalization and Comparative Constitutional Law

Czech Academy of Sciences Publication Activity Database

Blahož, Josef

2013-01-01

Roč. 3, č. 3 (2013), s. 195-207 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : globalization of political culture * global constitutionalism * comparative constitutional law Subject RIV: AG - Legal Sciences

The internal audit as function to the corporate governance

Directory of Open Access Journals (Sweden)

Joksimović Marijana

2017-01-01

Full Text Available The aim of this paper is to show the internal audit in function to the corporate governance. Within the planetary economy, internal auditing is determined as an essential means of the exact management of any business economic resources. Concurrently, corporate governance has received wide attention in recent years, both in practice and in academic research because of the main accounting scandals and large-scale corporate failures. The Institute of Internal Auditors presents that regardless of the reporting relationship the organization chooses, there are primary measures that will ensure that the reporting lines, support and enable the effectiveness and autonomy of the internal audit function. Corporate governance has become an increasingly critical issue after the corporate affairs which occurred all over the world and its specific role in the steadiness of financial intermediaries was highlighted by the intense crisis which impacts the financial markets from the summer of 2007. In fact, for financial intermediaries, the governance chain is all the more important not only because the intermediaries are basically in the business of risk acceptance, but also due to their peculiar role within the economy in the aggregation and transfer of financial resources. Regulation may impact on financial venture taking by financial intermediaries by way of the decision-making process pointed out in the various possible legal structures set forth by the law.

Engaging Non-State Security Providers: Whither the Rule of Law?

Directory of Open Access Journals (Sweden)

Timothy Donais

2017-07-01

Full Text Available The primacy of the rule of law has long been seen as one of the essential principles of security sector reform (SSR programming, and part of the larger gospel of SSR is that the accountability of security providers is best guaranteed by embedding security governance within a rule of law framework. Acknowledging the reality of non-state security provision, however, presents a challenge to thinking about SSR as merely the extension of the rule of law into the security realm, in large part because whatever legitimacy non-state security providers possess tends to be grounded in 'extralegal' foundations. This paper – more conceptual than empirical in its approach – considers the implications of hybrid forms of security governance for thinking about the relationship between SSR and rule of law promotion, and argues that the rule of law still provides a useful source of strategic direction for SSR programming.

Physics Laws of Social Science

OpenAIRE

Wayne, James J.

2013-01-01

Economics, and other fields of social science are often criticized as unscientific for their apparent failures to formulate universal laws governing human societies. Whether economics is truly a science is one of the oldest questions. This paper attempts to create such universal laws, and asserts that economics is a branch of quantum physics just like chemistry. Choice is a central concept in economics and other fields of social science, yet there is no corresponding concept of choice in mode...

Applicable Law on Demobilized and Dematerialized Securities

Directory of Open Access Journals (Sweden)

Wael Saghir

2017-09-01

Full Text Available In this paper Wael Saghir examines the priority in the business and financial worlds for companies to pursue reduced transaction costs, creating a trend towards demobilization or dematerialization of securities. His paper explains the nature of securities and the governing laws needed to resolve problems of conflict of law rules related to securities.

Participatory Aspirations of Environmental Governance in East Africa - Comment

Directory of Open Access Journals (Sweden)

Nicholas N. Kimani

2010-09-01

Full Text Available New ways of thinking about governance are challenging our basic understandings about how we organise ourselves in a world that is increasingly characterised by uncertainty, ambiguity and unpredictability, and about how we should organise ourselves (emphasis added. Through consideration of developments in East Africa under the auspices of a United Nations Environment Programme (UNEP-administered project, the Partnership for Development of Environmental Laws and Institutions (PADELIA, two important considerations clearly stand out. First, in regional approaches to environmental governance law-makers and policy-makers need to go beyond a formalist understanding of governance which lays sole emphasis upon respective countries' institutions and legal frameworks. An appreciation of the extent to which shared understandings and common approaches to problem-solving may be tempered by contingent social, cultural and political circumstances is also necessary. Secondly, given the present trend in environmental governance where governmental authority is increasingly shifting away from state institutions towards civil actors, ever-increasing opportunities are presented to civil actors to shape and reshape their environmental laws and policy. As a result, what is left is for these actors is to be proactive and to take more initiative in safeguarding their own environment.

REFORMING CORPORATE GOVERNANCE IN ETHIOPIA ...

African Journals Online (AJOL)

milkii

financial resources on domestic and international capital markets through good corporate governance excited ...... It does not provide for separation of the roles of a chief executive officer (CEO) and board Chairperson;. • Besides, the law does ...

Theoretical Bases of the Model of Interaction of the Government and Local Government Creation

OpenAIRE

Nikolay I. Churinov

2015-01-01

Article is devoted to questions of understanding of a theoretical component: systems of interaction of bodies of different levels of the government. Author researches historical basis of the studied subject by research of foreign and domestic scientific experience in area of the theory of the state and the law. Much attention is paid to the scientific aspect of the question. By empirical approach interpretation of the theory of interaction of public authorities and local government, and also ...

Problems of the Renewable Energy Law of 2014 with respect to constitutional and EU law

International Nuclear Information System (INIS)

Ekardt, Felix; Rostock Univ.

2014-01-01

The 2014 amendment to the Renewable Energy Law (EEG) which is currently in the process of enactment aims to limit the scope of what has been one of the most successful climate protection instruments in the history of German law. In essence this instrument has established an obligation of acceptance of and remuneration for electricity generated from renewable resources. The present article analyses the most important regulatory objects of the 2014 EEG for their compatibility with German constitutional law as well as primary and secondary EU law.

Good Governance in the EU

Directory of Open Access Journals (Sweden)

Gina Livioara GOGA

2009-10-01

Full Text Available Considering the EU adhesion, good governance has been analyzed from different perspectives, in the judicial literature being an analytic model or a normative concept. Some authors have wondered if this concept is a fashion, comprising some older ideas and principles, while other authors have asserted that the reasons why different methods of governance appear in the EU are based on “the complexity and the uncertainty of the problems on the agenda, an irreducible, the new approaches on public administration and law, hidden competencies, legitimacy and subsidiarity”. At a normative level, the White Paper of European Governance consecrated five principles on which good governance is based upon: openness, participation, responsibility, efficiency and coherence.

Exposing government response action contractors to environmental tort liability

International Nuclear Information System (INIS)

Roy, M.J.

1991-01-01

Government contractors, particularly those involved with hazardous waste response action activities, are encountering increased risks for environmental tort liabilities. Contracts often include tasks and work assignments requiring the management of industrial, chemical, nuclear or mining wastes, spent fuels, munitions or other toxic substances. Contractors exposure to liability for damages results directly from the environmental laws and regulations pursuant to which the Government has contracted them to respond. Additionally, contractors may be exposed to common law liability under such dogmas as nuisance, trespass and strict liability in tort

The rule of law approach to regulating electricity supply in Nigeria ...

African Journals Online (AJOL)

Journal of Sustainable Development Law and Policy (The) ... It assesses potential conflict between principles of market orthodoxy and those of constitutional governance and argues for a rule-of-law approach to regulation post-privatization ... Keywords: Liberalization, Privatization, Regulation, Market Efficiency, Rule of Law ...

Risks and risk assessment according to the law of the Federal Republic of Germany

International Nuclear Information System (INIS)

Lukes, R.

1980-01-01

In civil and criminal law, danger is defined as the imminent possibility of an infringement of rights protected by the law. In the general law governing the security forces and public order, too, the concept of danger has been clearly defined, and, therefore the author discusses the guiding criteria for the definition of danger concepts for police regulations and the law governing supervision. In the legal fields of governmental supervision, the legislature - for reasons of preventing danger and for the protection of the public - has introduced public licensing, notification duties, information or other supervisory measures. By means of the industrial law, the law on emission control and the atomic energy law, criteria for the definition danger and danger assessment are described. (HSCH) [de

Local government under the defenders of the constitution

Directory of Open Access Journals (Sweden)

Svirčević Miroslav

2004-01-01

Full Text Available The paper explains the development of local government under the rule of the constitution defenders 1842-1858. The author describes the historical facts that led to the abdication of Prince Miloš and the establishment of an oligarchic government of chieftains assembled in a council (Toma Vučić Perišić, Avram Petronijević, Hadji Milutin Garašanin and his son Ilija Stojan and Aleksa Simić, as well as the process of building a modern state administration and cultural identity, an integral part of which was a narrower process of constituting local government. A distinct role in the latter process was played by the Austrian-born Serbs, the only intelligentsia in the Principality of Serbia which was still under Turkish suzerainty. Special attention is given to the analysis of two local government acts instituting centralized local authorities with an enhanced law enforcement role in the districts, counties and communes. Those are District Prefectural System and of County Prefect Office Act of 12 May 1839 and Communal System Act of 13 July the same year. Of great importance was the former law, one of the longest-lived in the history of nineteenth-century Serbian constitutionalism. It was in force in 1839-88 and 1894-1903. Every autocratic regime in Serbia was to rely on it. Its distinctive feature is that it subordinated district and county prefects to the central authority and to the minister of internal affairs. They were reduced to mere police agents deprived of any freedom of action. Thus the local officials assumed the character of rigid administrators looking down on the common people. A natural continuation of this law was the other law of communal organization which turned the lowest local units into mere executive agencies of counties. Thus local government took on the form of a mere transmission of the central government, functioning according to a principle similar to the medieval lord-vassal system: my vassal's vassal is not my

Poissonian renormalizations, exponentials, and power laws.

Science.gov (United States)

Eliazar, Iddo

2013-05-01

This paper presents a comprehensive "renormalization study" of Poisson processes governed by exponential and power-law intensities. These Poisson processes are of fundamental importance, as they constitute the very bedrock of the universal extreme-value laws of Gumbel, Fréchet, and Weibull. Applying the method of Poissonian renormalization we analyze the emergence of these Poisson processes, unveil their intrinsic dynamical structures, determine their domains of attraction, and characterize their structural phase transitions. These structural phase transitions are shown to be governed by uniform and harmonic intensities, to have universal domains of attraction, to uniquely display intrinsic invariance, and to be intimately connected to "white noise" and to "1/f noise." Thus, we establish a Poissonian explanation to the omnipresence of white and 1/f noises.

Use of soft law to address HIV/AIDS in Southeast Asia.

Science.gov (United States)

Patterson, David; Phalla, Tia; Nguyen, Thuan; Im, Sarun

2007-12-01

Non-binding agreements, or "soft law," have played a role in influencing government policy and reducing HIV vulnerability among construction workers in the Greater Mekong Subregion of Southeast Asia. In this article, David Patterson et al state that soft law sometimes offers advantages over treaty law, but that challenges remain in the implementation of soft law.

The importance of social dialogue in the process of consolidation of domestic law with the European Union law

Directory of Open Access Journals (Sweden)

Mirjanić Željko

2014-01-01

Full Text Available The importance of a social dialogue in the process of consolidation of domestic law with the European Union law is hereby analyzed through the issues of level of development of institutional tripartite dialogue, development of social dialogue as a prerequisite that is ahead for the countries in the process of joining European integration and the mode of consolidation of domestic labour law with the EU law. Social dialogue in the countries that have passed through or are still under the process of transition of legal order, is being developed according to relevant model of the EU countries, which have recognized the social dialogue as an efficient way of reaching compromise and preserving social peace. The key importance in our country is given to tripartite dialogue within the economic social council. The functioning of the economic social council of the Republika Srpska can be a model of social dialogue, and its role is to consolidate labour and social laws as well as other laws that are at stake for social partners, with the European Union law. At the same time, the subject matter of the dialogue in this council is wider then the issue of the law consolidation, and covers a number of other areas, corresponding to trends of development of social dialogue that is prevailing in the EU countries. On the contrary, the absence or flaws in institutional social dialogue regarding its functioning especially at the local level, and having in mind unfavorable circumstances regarding the employees' associations in private companies and forming of the council of employees, are a limiting factor to development of autonomous labour law, as a part of the process of consolidation. In the process of joining the EU, the request for consolidation of labour legislature with the EU law has come out, which includes the necessity of further providing legal prerequisites for social dialogue. The greatest problem in that process, apart from enactment of new labour law

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

Science.gov (United States)

Jaeger, Paul T.

2004-01-01

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

Governing biobanks: understanding the interplay between law and practice

National Research Council Canada - National Science Library

Kaye, Jane

2012-01-01

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

The atomic energy basic law

International Nuclear Information System (INIS)

1977-01-01

The law establishes clearly the principles that Japan makes R and D, and utilizations of atomic energy only for the peaceful purposes. All the other laws and regulations concerning atomic energy are based on the law. The first chapter lays down the above mentioned objective of the law, and gives definitions of basic concepts and terms, such as atomic energy, nuclear fuel material, nuclear source material, nuclear reactor and radiation. The second chapter provides for the establishment of Atomic Energy Commission which conducts plannings and investigations, and also makes decisions concerning R and D, and utilizations of atomic energy. The third chapter stipulates for establishment of two government organizations which perform R and D of atomic energy developments including experiments and demonstrations of new types of reactors, namely, Atomic Energy Research Institute and Power Reactor and Nuclear Fuel Development Corporation. Chapters from 4th through 8th provide for the regulations on development and acquisition of the minerals containing nuclear source materials, controls on nuclear fuel materials and nuclear reactors, administrations of the patents and inventions concerning atomic energy, and also prevention of injuries due to radiations. The last 9th chapter requires the government and its appointee to compensate the interested third party for damages in relation to the exploitation of nuclear source materials. (Matsushima, A.)

Corruption, Governance and Political Instability in Nigeria ...

African Journals Online (AJOL)

The Nigerian State is a victim of high-level corruption, bad governance, political instability and cyclical legitimacy crisis. In the absence of support from civil society, the effective power of government was eroded and patron-client relationships took a prime role over the formal aspects of politics, such as the rule of law, ...

Guns, bikes & leather: moral panic and the 2008 South Australian 'anti-bikie' laws

OpenAIRE

Vakalis, David

2017-01-01

Reflective of the broad political consensus in Australia, 'anti-bikie' laws have recently been introduced by many state and territory governments. In the shadow of this year's federal election, the government has also proposed national anti-bikie laws. Given this, it is worthwhile to consider the context within which this trend emerged. Three days after a violent incident involving bikies outside Adelaide's Tonic nightclub on 2 June 2007, the South Australian (SA) Government announced that it...

Parallels in government and corporate sustainability reporting

Science.gov (United States)

D. J. Shields; S. V. Solar

2007-01-01

One of the core tenets of Sustainable Development is transparency and information sharing, i.e., government and corporate reporting. Governments report on issues within their sphere of responsibility to the degree that their constituents demand that they do so. Firms undertake reporting for two reasons: they are required to do so by law, and doing so makes good...

Fighting software piracy: Which governance tools matter in Africa?

OpenAIRE

Antonio R. Andrés; Simplice A. Asongu

2012-01-01

This article integrates previously missing components of government quality into the governance-piracy nexus in exploring governance mechanisms by which global obligations for the treatment of IPRs are effectively transmitted from international to the national level in the battle against piracy. It assesses the best governance tools in the fight against piracy and upholding of Intellectual Property Rights (IPRs). The instrumentality of IPR laws (treaties) in tackling piracy through good gover...

Spatiality of environmental law

DEFF Research Database (Denmark)

Baaner, Lasse; Hvingel, Line

2015-01-01

, examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from...... maps showing representations of applied legal norms, to maps build on datasets that have legal authority. That will integrate legal and geographic information systems, and improve the legal accountability of decision support systems used in e-Government services based on spatio-legal data....

New Law on Nuclear Energy into force on March 1, 1988

International Nuclear Information System (INIS)

Santaholma, J.

1988-01-01

In Finland new Law on Nuclear Energy enters into force on March 1, 1988 after ten years' preparation work. The Parliament approved the new law, compensating the old law on atomic energy on 1957, unanimously in November 1987. The new law provides the decisions on new nuclear power plants to be made by the Government and finally ratified by the Parliament

The governance of cooperative societies under the Basque Act of 24-6.1993

Directory of Open Access Journals (Sweden)

Enrique Gadea Soler

2005-12-01

Full Text Available This paper briefly presents the general guidelines of governance of cooperatives. Because of the numerous existing laws in Spain, one looks at the provisions of the State Law and Law in Basque Contry.

Nanoplasmonics beyond Ohm's law

DEFF Research Database (Denmark)

Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren

2012-01-01

-of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

The Emergence of Governance and the Function of Law

DEFF Research Database (Denmark)

Kjær, Poul F.

2015-01-01

such orders are made possible. They structure the transposition of condensed social components such as economic products and capital, political decisions, legal judgments, scientific knowledge, and religious acts of salvation from one order to another, thereby allowing coevolution to unfold. In this context......, law and legal instruments gain a central role since legal formalization is the central element that enables successful transfers to take place....

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

Directory of Open Access Journals (Sweden)

Hamed Hasyemi Saugheh

2018-01-01

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

Good governance as perceived by Dabawenyos

Directory of Open Access Journals (Sweden)

Adrian M. Tamayo

2016-12-01

Full Text Available The debate on good governance had shaped public policies of many governments. This study was conducted to obtain latent perspectives of good governance. A survey was conducted using two-stage cluster sampling in the first congressional district of Davao City involving 351 respondents. Findings reveal that the notion of good governance of Dabawenyos is primarily a government to implement the rule of law; peace and order is a necessity to facilitate market efficiency. Also, it was found that political leadership creates notions of good governance; public bestowed power to its political leaders as a matter of trust. On the other hand, leaders incorporate soft and hard forms of power in delegating powers without losing control, causing a widespread and significant impact on the formation and development of Davao’s perspectives of good governance. This is the rubber band effect of good governance leadership.

The Different Worlds of Labour and Company Law: Truth or Myth?

Directory of Open Access Journals (Sweden)

Monray Marsellus Botha

2014-12-01

Labour Relations Act 66 of 1995. The LRA remains the primary piece of labour legislation that governs labour law in South Africa. The notion of industrial democracy and transformation of the workplace are central issues in South African labour law. This is due to the constitutional changes that have taken place in South Africa, where the protection of human rights and the democratisation of the workplace are advanced. Before the enactment of the LRA, employee participation and voice was a much-debated topic not only locally but also internationally. It is therefore essential when considering employee participation to take due cognisance of both the labour and company law principles that may be pertinent, as well as the need for workers to have a voice in the workplace and for employers to manage their corporations. This article will attempt to indicate how the different functions, theories and models of labour and company law accommodate and promote the interests of employees in corporations and will also attempt to reconcile these differences.

Spatialising Agricultural Water Governance Data in Polycentric Regimes

Directory of Open Access Journals (Sweden)

Faith Sternlieb

2015-06-01

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

Page | 70 LOCAL GOVERNMENT COUNCIL AS A CONSTITUENT ...

African Journals Online (AJOL)

Fr. Ikenga

Government of every State to ensure their existence under a law that provides for its establishment, structure, composition, finance and functions. This is the first impediment to the autonomy, independence and incorporation of the Local Government Councils as part of the federating units, having made them subject to the ...

German nuclear law day 2004 - a conference report

International Nuclear Information System (INIS)

Anon.

2005-01-01

Topical issues of nuclear law constituted the main subjects discussed at the 2004 German Nuclear Law Day organized in Berlin on November 11 to 12, 2004. The agenda included actual issues potentially arising from the topics final storage of nuclear waste, financing a new site search for a repository, and supervision of nuclear installations. Experts from the administration of justice, the federal and state governments, law offices, universities, and the industry discussed the matters in 14 lectures. (orig.)

Poissonian renormalizations, exponentials, and power laws

Science.gov (United States)

Eliazar, Iddo

2013-05-01

This paper presents a comprehensive “renormalization study” of Poisson processes governed by exponential and power-law intensities. These Poisson processes are of fundamental importance, as they constitute the very bedrock of the universal extreme-value laws of Gumbel, Fréchet, and Weibull. Applying the method of Poissonian renormalization we analyze the emergence of these Poisson processes, unveil their intrinsic dynamical structures, determine their domains of attraction, and characterize their structural phase transitions. These structural phase transitions are shown to be governed by uniform and harmonic intensities, to have universal domains of attraction, to uniquely display intrinsic invariance, and to be intimately connected to “white noise” and to “1/f noise.” Thus, we establish a Poissonian explanation to the omnipresence of white and 1/f noises.

“Wolves Have A Constitution:” Continuities in Indigenous Self-Government

Directory of Open Access Journals (Sweden)

Stephen Cornell

2015-01-01

Full Text Available This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed by a set of foundational laws or rules. There is ample evidence that Indigenous nations in North America—and in Australia and New Zealand as well—were in this sense constitutionalists. Customary law, cultural norms, and shared protocols provided well understood guidelines for key aspects of governance by shaping both personal and collective action, the behavior of leaders, decision-making, dispute resolution, and relationships with the human, material, and spirit worlds. Today, many of these nations have governing systems imposed by outsiders. As they move to change these systems, they also are reclaiming their own constitutional traditions.

The Sovereign Acts Doctrine in the Law of Government Contracts

Science.gov (United States)

1992-09-30

47 Ohio St. L.J. 984, 36 Def. L.J. 537 (1986). 7 concept of estoppel in government procurement.2’ A final area, which exceeds the scope of this study...position that it is possible that estoppel may run against the Government, but a case in which estoppel has been so allowed is yet to be decided. See...collateral estoppel is justified [relative to an ’equitable claim’] 5. In congressional reference cases the facts are seldom in issue.51 Instead, the question

Conference report 11th German atomic energy law symposium

International Nuclear Information System (INIS)

Anon.

2001-01-01

The 11 th German Atomic Energy Law Symposium organized by the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU) was held in Berlin on October 9 and 10, 2001. Approximately 250 participants from industry, politics, administration, science, and associations had accepted the invitation by BMU and discussed a variety of questions arising mainly out of the new nuclear energy policy of the federal government. In the introductory session, Federal Minister for the Environment Juergen Trittin sketched the framework of federal policy resulting from the criteria set forth by the federal government and the negotiations with the power utilities after the agreement on the future use of nuclear power had been signed. The following seven technical sessions dealt with basic constitutional matters as well as problems of public law and economic law stemming from the nuclear power policy of the federal government. Major points included the amendment to the Atomic Energy Act, interim storage, the redefined objectives of final storage, and problems relating to yardsticks by which to gauge safety, and problems of ensuring safety. Among other subjects, also the relationship between the federal government and the federal states in nuclear regulatory matters as well aspects of power economy and energy policy were debated. (orig.) [de

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

International Nuclear Information System (INIS)

Courteix, S.

1992-01-01

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

Chinese Law Past and Present - Potential of a legacy?

DEFF Research Database (Denmark)

Buhmann, Karin

2005-01-01

/Confucian-Legalist cultural tradition). At second glance, however, a comparison of elements of the late twentieth-century reforms of administrative law, and of administrative law and governance of pre-modern China, suggests a number of common features. In the paper, some of these features of the pre-modern legal...

An E-government Interoperability Platform Supporting Personal Data Protection Regulations

Directory of Open Access Journals (Sweden)

Laura González

2016-08-01

Full Text Available Public agencies are increasingly required to collaborate with each other in order to provide high-quality e-government services. This collaboration is usually based on the service-oriented approach and supported by interoperability platforms. Such platforms are specialized middleware-based infrastructures enabling the provision, discovery and invocation of interoperable software services. In turn, given that personal data handled by governments are often very sensitive, most governments have developed some sort of legislation focusing on data protection. This paper proposes solutions for monitoring and enforcing data protection laws within an E-government Interoperability Platform. In particular, the proposal addresses requirements posed by the Uruguayan Data Protection Law and the Uruguayan E-government Platform, although it can also be applied in similar scenarios. The solutions are based on well-known integration mechanisms (e.g. Enterprise Service Bus as well as recognized security standards (e.g. eXtensible Access Control Markup Language and were completely prototyped leveraging the SwitchYard ESB product.

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

African Journals Online (AJOL)

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... The regulations relating to foodstuffs for infants and young children (R 991): A ... The case of government of the republic of Zimbabwe v Louis Karel Fick: A first ...

Of goats, sheep, camels and oil : two Calgary lawyers are helping government officials in Somalia and Kurdistan design new petroleum laws

Energy Technology Data Exchange (ETDEWEB)

Lorenz, A.W.

2007-05-15

A few international energy companies have shown strong interest in the northern regions of Somalia for the exploration of oil, particularly since Somalia shares geological trends with Yemen and Sudan, both of which have prolific hydrocarbon basins. Two Calgary lawyers have been working with the government of Somalia in developing a new set of oil and gas laws. After decades of repression, Iraq's Kurdish Regional Government (KRG) has now asked one of the lawyers to also help develop their laws. Unlike the Somalis who live in a region where hydrocarbons have barely been explored, the Kurds live in a mountainous region with one of the world's largest hydrocarbon basins. The lawyers began by teaching the Somalis the basics of petroleum legal practices and designing Somalia's new system. This article emphasized that the task of creating a foundation for the petroleum legal system is quite similar for both regions, in terms of who is entitled to the resource and how much will be shared with foreign companies in return for investment and expertise. The Somalis have asked for advice on the best way to divide profits between the state and the foreign investor. This article also discussed the political challenges facing the Kurds in terms of negotiating their own exploration and development contracts in Iraq. One of the greatest challenges is that when a new Iraq National Oil Company was created, it was given basically every current field in the country, even those in Kurdistan. While oil companies prefer concession regimes, Iraq offers 3 different types of contracts, namely Production Sharing Agreements, service contracts and risk exploration contracts. 4 figs.

A Critical Reassessment of the Hess–Murray Law

OpenAIRE

Enrico Sciubba

2016-01-01

The Hess–Murray law is a correlation between the radii of successive branchings in bi/trifurcated vessels in biological tissues. First proposed by the Swiss physiologist and Nobel laureate Walter Rudolf Hess in his 1914 doctoral thesis and published in 1917, the law was “rediscovered” by the American physiologist Cecil Dunmore Murray in 1926. The law is based on the assumption that blood or lymph circulation in living organisms is governed by a “work minimization” principle that—under a certa...

A Comparative Analysis of the Ethos, Role and Function of Implied Obligations in Shipping Law and General Law of Contract

OpenAIRE

Ndi, George; Alawneh, Tariq

2015-01-01

The law governing the international carriage of goods by sea is deeply rooted in the doctrine of freedom of contract. The historical origins of the shipping industry itself can be traced to the era of 'laissez faire' in which contractual practice, based on negotiated terms and conditions, was free from the regulatory constraints of the state. It is for this reason that to this day modern shipping law is still rooted in the common law and customary trade usages with very limited statutory infl...

History of the nuclear matter safety and control law

International Nuclear Information System (INIS)

Dean, G.

1994-01-01

In this text we give the history of the law creation on the control and safety of nuclear matter. Initially based on the CEA regulation single owner of nuclear matter, the development of nuclear energy has conducted the French government to edict law in relation with IAEA and Euratom recommendations

Law Libraries in the Western Region/State of Nigeria.

Science.gov (United States)

Okewusi, Peter Agboola

1988-01-01

Reviews the establishment of the Western Regional Ministry of Justice in Nigeria and the subsequent development of law libraries to aid that agency. The functions of the ministry, staffing, and services of the law libraries, and the establishment of a printing office for government publications are described. (5 references) (CLB)

Performance, corporate governance and new regulation.

Directory of Open Access Journals (Sweden)

Heriberto Garcia

2012-07-01

Full Text Available After the adoption of the Corporate Governance Code (Code in Mexico, many companies increased financial performance and the leveraged during the following five years; we investigated the effect of how those firms improved the corporate governance practices and how was translated into better risk return company. We analyzed how and where better corporate governance practices affects performance and what was the relationship with Transparency, New Regulation and Governance Practices. Also we explored the gaps between transparency and information disclosure of Mexican Firms listed in U.S stock exchange and non U.S listed firms our findings were related to the potential growth of the Mexico Financial Market, Law and Finance.

Deforestation in Decentralised Indonesia: What's Law Got to Do with it?

Directory of Open Access Journals (Sweden)

Luke Lazarus Arnold

2008-09-01

Full Text Available A growing number of studies point to significant changes in the dynamics of deforestation in Indonesia since the introduction of decentralised governance in 2001. This essay argues that law plays an important and underestimated role in facilitating these new dynamics. This role is not limited to mere implementation failures; many of the ways in which Indonesian law makes deforestation possible can be traced back to the content of the laws themselves. In order to demonstrate this point, the essay first examines the context in which Indonesia's forestry and decentralisation laws were formulated and the salient provisions of these laws. This is followed by a discussion of the dynamics of deforestation since decentralisation and an analysis of five key ways in which law is partly responsible for the current situation: a flawed division of authority between the Central Government and the regions'; inconsistent, ambiguous and 'hollow' legislation; legislatively entrenched departmentalism; the marginalisation of forest communities; and a lack of legislative support for public participation, public interest litigation and other processes to promote sustainable forest management.

Theoretical Bases of the Model of Interaction of the Government and Local Government Creation

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Nikolay I. Churinov

2015-09-01

Full Text Available Article is devoted to questions of understanding of a theoretical component: systems of interaction of bodies of different levels of the government. Author researches historical basis of the studied subject by research of foreign and domestic scientific experience in area of the theory of the state and the law. Much attention is paid to the scientific aspect of the question. By empirical approach interpretation of the theory of interaction of public authorities and local government, and also subjective estimated opinion of the author is given.

Licences issued under environmental law in international private and procedural law

International Nuclear Information System (INIS)

Kohler, C.

1991-01-01

The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

Some issues in ownership structure and corporate governance

Directory of Open Access Journals (Sweden)

K.A. Darshana Lakmal

2014-10-01

Full Text Available Corporate governance is a process that aims to allocate corporate resources in a manner that maximizes value for all stakeholders — shareholders, investors, employees, customers, suppliers, environment and the community at large and holds those at the helms to account by evaluating their decisions on transparency, inclusivity, equity and responsibility. Corporate governance has been commonly defined as the rules and procedures in place for governing an organization. It is the set of processes, customs, policies, laws, and institutions affecting the way a corporation (or company is directed, administered or controlled. Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed. Corporate governance principles and codes have been developed in different countries and issued from stock exchanges, corporations, institutional investors, or associations (institutes of directors and managers with the support of governments and international organizations. As a rule, compliance with these governance recommendations is not mandated by law, although the codes linked to stock exchange listing requirements may have a coercive effect. However, given the rapid developments within the field and the increasing prominence of corporate governance in the modern world, this definition may be considered too narrow. Corporate governance, while a topic that has been examined in considerable depth in many areas, is widely applicable to a vast array of topics and issues. This study contributes to the literature by extending the mainly based on board literature to where there are important institutional differences and issues in ownership structure and corporate governance system and seeks to address new and emerging issues which have yet to be closely examined and have, to a degree, been overlooked

What Do Numbers Do in Transnational Governance?

DEFF Research Database (Denmark)

Krause Hansen, Hans; Porter, Tony

2012-01-01

processes. Numbers have properties that differ from words, and shifts from one to the other in governance, for instance in the displacement of laws or norms with risk models or rankings based on numbers, have particular effects, including political effects on states, firms, individuals, and other actors......This study examines how numbers in transnational governance constitute actors, objects, and relationships, including relationships of power. We review the existing literatures on numbers for insights relevant to their role in transnational governance, including the ontology of numbers, the history...

Expertise and governance of climate change

International Nuclear Information System (INIS)

Encinas de Munagorri, R.; Colson, R.; Denis, B.; Leclerc, O.; Rousseau, S.; Torre-Schaub, M.

2009-01-01

Global warming has become in few years a prominent problem which requires the implementation of a world governance to be solved. However, the share of human activities in the global warming phenomenon and the actions susceptible to mitigate the greenhouse gases emission generate scientifical, political and legal conflicts at the same time. Assessing the taking into account of climate change by international institutions raises several questions. By what process a true fact can become established at the world scale? Are experts free or constrain by procedure rules? How to regulate the worldwide carbon trade? Is the governance requirement foreseen in international systems respected by decision making practices? How to explain experts' omnipresence in the observance mechanisms of climate change treaties? Is their influence determining, at the international and internal scale, in the elaboration of a climate law? These questions, analyzed by researchers in law and political science, are indissociable of method stakes with an inter-disciplinary horizon. This book, result of a collective work, is not limited to a description of standards and actors' practices in force. Its ambition is to apprehend law, science and politics in their interactions. Climate change is an appropriate topic to think about the links between the different scientific disciplines. The book concludes with a prospective about the contribution of laws analysis to expertise which involves the dogmatic, realistic and epistemologic aspects. (J.S.)

ZAKAT MANAGEMENT IN MEDAN: THE IMPLEMENTATION OF GOVERNMENT REGULATION NO. 23/2011 ON MANAGEMENT OF ZAKAT

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Armia

2017-06-01

Full Text Available Along with the transformation of the spirit of Islamic law into the National Legal System which can be seen with the birth of the Law on the Development Badan Amil Zakat and Sadaqah Infaq Given the institutional team of zakat, namely Badan Amil Zakat (BAZ and the Institute Amil Zakat (LAZ then by itself have been of a wide space to the public, outside the participating government agencies to develop resources zakat Medan municipality, as one of the biggest cities in Indonesia is one of the parameters of how the regulation of zakat as stated by the law of zakat can run effectively or not. The qualitative research was conducted in Medan City, adopting normative, sociological and anthropological jurisdiction approaches, The source of data included field data as a primary source and documents as a secondary one. Data were collected with non participant observations, a series of struktured interviews with selectedinformants, and document analysis as suggested by Miles and Huberman (1992 which include data reduction, data display and conclusion drawing. In responding to the issue of guardian, I applied the theories analysis deskriptif with use methods of analysis. This study concludes Management of Zakat city of Medan after the enactment of Law Number 23 of 2011 has not been significant. problem that is taking place in the city of Medan is a data base that is still weak both within the community and the institution, Management, Human resources zakat manager unprofessional attitude of a lack of public trust in zakat management institutions, lack of exemplary government officials and village leaders, strict sanctions is not yet clear who is responsible for carrying out or take action against violations set forth in Law Number 23 of 2011 For the deficiencies of this institution also led to public institutions is not tithe but they tithe directly to recipients.

Good Governance According to Islamic Perspective

Directory of Open Access Journals (Sweden)

Mohamad Ismail Bin Mohamad Yunus

2018-02-01

Full Text Available Abstract The objectives of the professional agencies must embody provisions that promote good governance and embrace values of integrity and accountability and seek support from the public and the government of the day to provide an independent view on all matters. The universal truth is that everything should be done in the public good. Professionals form the backbone of human infrastructure in any economy, politics, social and legal growth. Their contributions through professional performance enhance the good delivery system that facilitates policies making and management for public sector. They provide the skills and talent in balancing the pursuits of maximization of services. The expression “good governance” has been constantly used lately in both public sector as well as private sector in Malaysia. In the context of a private body, it should be within the framework of the statute, which governs the body and also its constitution. In the public sector, it means that the administrators should act professionally and not to abuse or misuse the power or authority given to them. They are regarded as the trustees of the public at large. The scope of this article is on good public governance in the public sector or to be exact, good governmental administration as interpreted by the judiciary especially through its judicial review power and Islamic Perspective based on the principles of Maqasid As Shariah (Objectives of Islamic Law.   Keywords: Good Governance, Public Sector, Malaysian Law, Islamic Perspective, Maqasid As-Shariah.

Towards reinforcing or contesting the vision of the rule of law?

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Myriam Senn

2015-07-01

Full Text Available The UN Declaration of 24 September 2012 reaffirming the commitment of Heads of State and Government to the Rule of Law reflects the current uneasiness accompanying the application of just the concept. This paper argues that it is also due to discrepancies in its worldwide understanding and to the rise of non-state, transnational regulatory regimes. Presumably they are not compelled to apply it as such. Thus, a governance issue arises to either reinforce or contest the rule of law

DEVELOPMENT OF LAW RELATING TO FACTORIES IN INDIA

Directory of Open Access Journals (Sweden)

M. K. Sahu

2015-01-01

Full Text Available The rapid growth of industrial town and factories has paved the way to develop our industrial legislation accordingly. The Government of India never expressed their interest in framing separate legislation vis-à-vis factories which resulted in implementation of the same statute which was enacted pre-independence. It was done by virtue of Art. 372 of the Constitution of India. However, the Constitutional Lawmakers created vacuum for the implementation of new statute in accordance with the demand of society by inserting scope under the Directive Principles of State Policies. However, in the 67 years history of Indian Republic, there are unprecedented developments of law relating to factories in India.The Government of India, with the adoption of existed statute, made an effort to incorporate the welfare legislation but it never developed along with the change in time. It is to be noticed that as far as existing statutes are concerned, the development is an effect of judicial pronouncement or some tragic incident like Bhopal Gas Tragedy. This paper succinctly describes the history of factory legislation, the constitutional validity of the previous statute and necessary amendment which have already been done and / or on the verge of being amended. It will further discuss contribution of judiciary in developing the law relating to factories, scope of industrial jurisprudence in promoting the development of factory legislation. The primary focus of the research project is to reflect upon the areas where factory legislation has developed, so that proper yardstick could be made in order to put emphasis on those areas which have been remained untouched.

Paternalism & Its Discontents: Motorcycle Helmet Laws, Libertarian Values, and Public Health

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-01-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists’ advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering. PMID:17194856

Women, Business and the Law 2018

OpenAIRE

World Bank Group

2018-01-01

How can governments ensure that women have the same employment and entrepreneurship opportunities as men? One important step is to level the legal playing field so that the rules for operating in the worlds of work and business apply equally regardless of gender. Women, Business and the Law 2018, the fifth edition in a series, examines laws affecting women’s economic inclusion in 189 economies worldwide. It tracks progress that has been made over the past two years while identifying oppo...

The Aplication of Islamic Law in Indonesia: the Case Study in Aceh

OpenAIRE

Bustamam-Ahmad, Kamaruzzaman

2007-01-01

This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial govern...

Sex Trafficking, Law Enforcement and Perpetrator Accountability

Directory of Open Access Journals (Sweden)

Holly Burkhalter

2012-06-01

Full Text Available In theory, everyone – except for criminals involved in their exploitation - agrees that children must not be in the sex industry and further, that those who prey on them must be prosecuted and punished. Virtually every country in the world has adopted national laws prohibiting the commercial sexual exploitation of children. International law is clear on this point, as well. Yet, when governments – and NGOs working with them – take action to extract children from commercial sex venues, common ground on protecting children from abuse can quickly erode with concerns about the efficacy of police intervention, the possibility of collateral harm to consenting adult sex workers or a decrease in access to HIV-prevention and related health services. The author argues that healing this divide must come through the reform of local police – and that, without the participation of law enforcement, there can be no long-term protection for children vulnerable to trafficking and related exploitation. In this article, human rights practitioner Holly Burkhalter argues that healing this divide must be accomplished through the reform of local police – and that human rights advocates, local governments and others seeking to combat trafficking cannot achieve long-term, sustainable protection for children without the involvement of law enforcement.

Regulating Corporate Governance in the EU

DEFF Research Database (Denmark)

Horn, Laura

In the context of the financial and economic crisis, corporate governance and regulatory supervision failures are at the centre of public debates. Who controls the modern corporation, and why, has become one of the defining social power relations in contemporary capitalism. Regulation Corporate...... transformation of company law and corporate governance regulation. Her findings about the marketization of corporate control are at the core to a better understanding of the broader context of capitalist restructuring in the European Union....

Legitimacy and compliance in transnational governance

OpenAIRE

Mayntz, Renate

2010-01-01

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

European Level Test of Romanian Enterprise Governance

Directory of Open Access Journals (Sweden)

Niculae Feleaga

2006-04-01

Full Text Available The corporate governance is a central and dynamic aspect of the businesses. The term governance comes from the latin “gubernare”, meaning to guide and supposes that the corporate governance imply equally both the leadership function and that of control. As is known there are more ways of defining the enterprise governance starting from the simple stones, which focus on the enterprise and its shareholders, to the most complex ones incorporating individual or departamental responsability to implement a given function of the companies and which implies many other groups of persons. Responsability is the consequence of the law and reglementation application or contract agreements.

European Level Test of Romanian Enterprise Governance

Directory of Open Access Journals (Sweden)

Niculae Feleaga

2006-02-01

Full Text Available The corporate governance is a central and dynamic aspect of the businesses. The term governance comes from the latin “gubernare”, meaning to guide and supposes that the corporate governance imply equally both the leadership function and that of control. As is known there are more ways of defining the enterprise governance starting from the simple stones, which focus on the enterprise and its shareholders, to the most complex ones incorporating individual or departamental responsability to implement a given function of the companies and which implies many other groups of persons. Responsability is the consequence of the law and reglementation application or contract agreements.

EMPLOYEES’ RIGHTS IN THE CORPORATE GOVERNANCE CONTEXT

Directory of Open Access Journals (Sweden)

Andrei Emil Moise

2014-11-01

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

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

NARCIS (Netherlands)

Conti, K.I.; Gupta, J.

2014-01-01

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

IMPACT OF THE RECENT REFORMS ON INDIAN ARBITRATION LAW

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R. Moonka

2017-01-01

Full Text Available In order to give effect to the UNICITRAL Model Law on Arbitration and due to radical change in its economy as the result of the 1991 New Economic Policy (NEP India enacted the 1996 Arbitration & Conciliation Act. This Act provides a pragmatic legal basis for resolution of commercial disputes outside the court procedures. It circumscribes the older laws and consolidates multiple legal norms dealing with arbitration. However, the experiences in application of this Act for the last 20 years suggest that it needs to be amended as it contains serious drawbacks primarily due to poor legal technique which necessitated excessive judicial interventions and judicial overreach having led to resentment among those willing to resort to alternative dispute resolution under this Act while keeping the seat of Arbitration in India. Several attempts were made by the successive governments aiming at amending the 1996 Act. Yet all those attempts failed. Finally the present Union Government under the leadership of the Prime Minister Mr. Narendra Modi was able to bring in sweeping changes in existing arbitration law. These changes were carried out with the commitment of the Government in doing business in India through the Ordinance route and proper legislative procedures which finally led to the amendments having come into force on January 1, 2016. This paper attempts to analyse the key changes brought through the 2015 Amendment Act and their impact on the application of arbitration law in India. Moreover, the authors overview the prospects of India to acquire the preferred position in International Commercial Arbitration in the future as envisioned by the present Modi Government.

Democracy from Islamic law perspective

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Mubarak Abdulkadir

2016-01-01

Full Text Available It is frequently argued that because many Muslim states are monarchies or dictatorships or because of certain events that have taken place within their borders, Islamic law is not compatible with democracy and democracy is even neglected in the provisions of the holy Qur'an. Islamic law, according to what can be traced in its primary sources, not only supports democracy and people's participation in the state affairs but even possesses provisions in the Qur'an verses which encourage counselling and consultation and some scholars deem that to be democratic representation. Islamic Law, according to the provisions of some verses from the holy Qur'an encourages democracy but not liberal democracy like that of the western world. The religious democracy that can go with our modern time and solve many contemporary problems of the Muslim world is the model which was introduced by late Ayatollah Imam Khomeini after the 1979 Islamic revolution in Iran. The author in this research work concludes by showing that the ideal democracy enshrined in the holy Qur'an, as the primary source of Islamic law, is not liberal democracy of the western world, but rather a religious democracy.

Public Governance and Economic Growth in the Transitional Economies of the European Union

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Yilmaz BAYAR

2016-06-01

Full Text Available According to new growth theories, public governance is an important determinant for sustained economic growth. This study examines the impact of six public governance indicators, including voice and accountability, political stability and the absence of violence/terrorism, government effectiveness, regulatory quality, rule of law and control of corruption, on the economic growth in the transitional economies of the European Union during the 2002-2013 period. The results show that all governance indicators except regulatory quality had a statistically significant positive impact on economic growth. Our findings also indicate that control of corruption and rule of law had the largest impact on economic growth, while political stability had the lowest impact.

THE EMERGENCE OF A DISCIPLINE: INFORMATION LAW

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Mihai-Ştefan DINU

2016-06-01

Full Text Available This paper aims to emphasize the fact that in the context of information society, regulations and laws governing information and data as well as information systems activities, must be prevalent. In this regard, we believe that at least on the educational and academic level the discipline of information law must be developed in accordance with the new challenges and threats to security, synchronized with the transformed paradigm of national and international security.

Investigation on law and economics of listed companies' financing preference based on complex network theory.

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Jian Yang

Full Text Available In this paper, complex network theory is used to make time-series analysis of key indicators of governance structure and financing data. We analyze scientific listed companies' governance data from 2010 to 2014 and divide them into groups in accordance with the similarity they share. Then we select sample companies to analyze their financing data and explore the influence of governance structure on financing decision and the financing preference they display. This paper reviews relevant laws and regulations of financing from the perspective of law and economics, then proposes reasonable suggestions to consummate the law for the purpose of regulating listed companies' financing. The research provides a reference for making qualitative analysis on companies' financing.

Whitelisting and the Rule of Law

DEFF Research Database (Denmark)

Leander, Anna

2016-01-01

Leander’s chapter argues that whitelists in commercial security are establishing and consolidating a rule of law marked by managerialism. It closely describes the significance of the mundane, seemingly innocuous whitelists. Whitelists have proliferated as part of governance through Codes of Condu...

Law and Popular Culture : International Perspectives

NARCIS (Netherlands)

Brown, K.J.; Asimow, Michael; Papke, David Ray

Commentators have noted the extraordinary impact of popular culture on legal practice, courtroom proceedings, police departments, and government as a whole, and it is no exaggeration to say that most people derive their basic understanding of law from cultural products. Movies, television programs,

32 CFR 842.111 - Applicable law.

Science.gov (United States)

2010-07-01

..., discovered peril, and comparative and contributory negligence are considered. Absolute liability is never... act or omission occurs governs the effect of the claimant's comparative or contributory negligence... apportioned if local law applies comparative negligence. (3) Proceeds from private insurance policies are not...

Responsibility with accountability: A FAIR governance framework for performance accountability of local governments

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Anwar Shah

2014-12-01

Full Text Available This paper focuses on the role of local governments in bringing about fair, accountable, incoorruptible and responsive (FAIR governance. Local governments around the world have done important innovations to earn the trust of their residents and their comparative performance is of great interest yet a comprehensive framework to provide such benchmarking is not available. This paper attempts to fill this void, by developing a general framework for performance accountability of local governments and by relating real world practices to aspects of this framework. The proposed rating framework requires several types of assessments: (a their compliance with due process and law; (b monitoring of fiscal health for sustainability; (c monitoring of service delivery ; and (d citizens’ satisfaction with local services. The approach yields key indicators useful for benchmarking performance that can be used in selfevaluation and improvement of performance. t From an analysis of practices in local government performance monitoring and evaluation, the paper concludes that ad hoc ad-on self standing monitoring and evaluation systems are more costly and less useful than built-in tools and mechanisms for government transparency, self–evaluation and citizen based accountability such as local government output budgeting and output based fiscal transfers to finance local services.

The politics of space - Who owns what? Earth law for space

Science.gov (United States)

Hosenball, S. N.

1983-01-01

Topics of concern in developing space law, i.e., international disagreements, the present status of space law, and requirements for future space activities, are discussed. Factors inhibiting agreements include governments that wish to control specific regions of GEO, the refusal of several countries to permit international DBS television broadcasts over their boundaries, the possibility that weapons may be placed in space, and the lack of international laws governing humans and industries in space. It is noted that any state entering an international agreement has relinquished some of its sovereignty. The Outer Space Treaty has removed celestial bodies from claims of national appropriation. States retain sovereignty over their citizens who travel in space, a problematical concept once internationally-manned settlements in space or on the moon are established. It is recommended that space law develop mainly in reaction to the implementation of new space capabilities in order to avoid hindering space activities.

Elements of Pacific public health laws: an analysis of the public health acts of Papua New Guinea, Vanuatu, the Solomon Islands, and Fiji.

Science.gov (United States)

Howse, Genevieve

2012-09-01

Pacific countries are sovereign nations with distinctive histories, ethnicity, customs, primary resources, economies, and health systems. Despite these and other acknowledged differences, similarities exist in many areas such as geography, legal history, and culture. Many share the experience of colonization, with imported British laws and the subsequent experience of independence. Most Pacific countries are also developing countries. This article broadly describes approaches to legislating in public health in Papua New Guinea, Fiji, Vanuatu, and the Solomon Islands and notes common elements in their public health laws, in particular, in relation to administration, allocation of powers and responsibilities, interaction with local government, communicable disease control, and nuisance. The article concludes that many Pacific public health laws could deliver better support for current health policy, more sensitivity to the culture and customs of the region, and better management of public health risk through laws that are better suited to their Pacific environment, easier to understand, more flexible, and more relevant to current health policy.

Network governance and capacity of local governments to deliver LED in Uganda

Directory of Open Access Journals (Sweden)

Rose B Namara

2016-02-01

Full Text Available This paper discusses network governance and its contribution to the capacity of local governments (LGs to deliver local economic development (LED in Uganda. Although a formal LED policy was only established in Uganda in February 2014, there have been LED-inspired practices in the past decade. Various scholars and practitioners have observed that the autonomy and capacity of LGs to deliver LED is limited, but have been hopeful that new governance strategies like network governance would increase the capacities of LGs. However, neither network governance arrangements among LGs, nor their potential to improve governance capacity, have been documented. In a case study of Kyenjojo District, this paper finds that existing network governance arrangements have been fundamental in improving financial autonomy at this LG, delivering some income to invest in LED activities, although no evidence was found of reduced transaction costs in transforming local economies. The study further reveals that network governance arrangements have not led to the development of specialised skills in regulation or law enforcement, and capacity gaps are evident amongst staff and members in understanding the private sector and how it works. On a positive note, there is clear evidence of attempts by the LG to be innovative. Based on these findings, this study recommends that LGs need to consider a multi-pronged or multi-network governance approach to LED, which in turn will require a refocusing of governance mechanisms to become more dynamic and responsive, and offer incentives to the various actors in the development sector.

BRIEF COMMENTS REGARDING THE INDIRECT (OR DERIVED) SOURCES OF LABOR LAW

OpenAIRE

Brîndușa Vartolomei

2015-01-01

In the field of the law governing the legal work relations one of the features that also contributes to defining the autonomy of labor law is that of the existence of the specific sources of law consisting in regulation on the functioning of the employer, internal regulation, collective labor agreement, and instructions regarding the security and labor health. In addition, in the practical field of the labor relationssome indirect (or derived) sources of law were also pointed out ...

Environmental governance and role of judiciary in India

International Nuclear Information System (INIS)

Sahu, G.

2005-01-01

This paper attempts to examine the role of judiciary in environmental governance of India in terms of judiciary intervention in the environmental policy making process as well as its role in the implementation of existing environmental laws and shaping its implementation process. In consonance with this exercise, the paper has highlighted the contributing factors influencing judiciary role in environmental governance and thereby examines the impact of judicial intervention in environmental governance of India. The discussion in the paper is drawn from the case studies of a few environmental cases where the role of judiciary in environmental governance can be observed. (author)

Constitutional legitimacy: Sharia Law, Secularism and the Social Compact

Directory of Open Access Journals (Sweden)

Zia Akhtar

2011-05-01

Full Text Available This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for some crimes and these were promulgated in the early 1980s during the reign of the Pakistani conservative military government. These different layers of jurisprudence do not accord with a uniform legal precedence and creates a clash between liberals and the fundamentalists who want an all pervasive Sharia law. The Pakistani legal canon of Islamic law has been restricted by the secular ideology of the state which has parallels in other Asian countries with a Muslim majority. However, there is an issue of compatibility of a secular ideology and the application of Sharia. It needs an exposition of thought that takes account of the enlightenment in Europe which led to the social contract theory in the 18th century. This theory rejects the narrow interpretation of divine authority and presents the jurist with a challenge to make modernize the laws. In recent times Muslim academics have adopted a critical approach against the tenets of conservatism in temporal Islam and called them unrepresentative of the true spirit of the Sharia. The present turmoil in the Arab countries has raised the question of legitimacy and the need arises to evaluate the principles of the Compact of Medina, which was proclaimed by the first Islamic state, and secondly, to enquire if the adoption of Sharia can be made

Law Enforcement of Cyber Terorism in Indonesia

Directory of Open Access Journals (Sweden)

Sri Ayu Astuti

2015-12-01

Full Text Available Cyber terrorism is one of the category of crimes that cross border organized and has been established as an extraordinary crime. This crime is becoming a serious threat to countries in the world. In this regard, the Government's attitude of firmness needed to enforce cyber laws against the freedom development in social media. The development of the immeasurable it in the country of Indonesia required the limitations by doing legal liability over the behavior of law which deviates towards the use of technology tools. Strict law enforcement efforts as a clear attitude to stop actively moving massive terrorism, by enacting the provisions of the law on information and electronic transactions as well as the law of terrorism effectively. How To Cite: Astuti, S. (2015. Law Enforcement of Cyber Terorism in Indonesia. Rechtsidee, 2(2, 157-178. doi:http://dx.doi.org/10.21070/jihr.v2i2.82

The Evolution of the Social Criminal Law on an International Wide Scale

Directory of Open Access Journals (Sweden)

Radu Razvan Popescu

2009-06-01

Full Text Available Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the labor criminal law, as an interference zone between the criminal law and labor law, has to be regarded from the internal social realities governing the labor aspects, as well from the comparative law's point of view.

Making law work for the poor

Energy Technology Data Exchange (ETDEWEB)

Cotula, Lorenzo

2005-11-15

To many, law – the systems of binding rules governing human relations – seems remote from the reality of daily struggle in poor and marginalised communities around the world. Yet, directly or indirectly, legal rules shape the way we behave in our everyday life, and contribute to organise social and economic relations (from commercial codes to EC 'freedom-of-movement' treaty provisions to welfare state legislation). Since the 1960s, development agencies have supported law reform processes in developing countries. Interest in law reform was recently revived by the recognition of the importance of institutional frameworks for social change ('New Institutional Economics'), and by the attention paid by several development agencies to concepts like good governance and the rule of law. Earlier emphasis on 'legal transplants' and naive assumptions about the way the law operates have given way to a better understanding of the complex nature of processes of legal and socio-economic change. Drawing on three examples, this paper explores the extent to which legal tools can contribute to improve the lives of poorer groups in both developing and developed countries; the conditions under which this is possible; and the constraints that such tools face in the pursuit of this aim. The paper aims to spark reflection and debate on these issues – not to come up with definitive answers. It is likely to be of interest for development lawyers, development practitioners working at a macro-planning level, and researchers. As for development practitioners, the paper sets out the case for taking law seriously as a tool for positive change. As for development lawyers, it argues that designing and implementing legal interventions that deliver that positive change is function not only of sound legal thinking, but also of a solid understanding of power relations and other social, cultural, political and economic factors that affect the way the law operates in

Nuclear energy and radiation protection law: no. 14 1987

International Nuclear Information System (INIS)

1987-01-01

The full text of Jordan's Nuclear Energy and Radiation Protection Law, no. 14 1987. The law's 39 articles govern all aspects organizing the utilization of nuclear energy and radiation protection activities in the country; including terms and conditions for licensing activities and personnel, and the import, export, and disposal of radioactive sources. The law establishes for the purpose of implementing its regulations, a consultative technical committee and a radiation protection board, both in the Ministry of Energy and Mineral Resources

Internal and international commercial arbitration as a private form of law enforcement

Directory of Open Access Journals (Sweden)

Sergey Kurochkin

2017-01-01

Full Text Available УДК 347.918The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.The purpose of the article is to provide a comprehensive analysis of internal and international commercial arbitration as a peculiar form of private law enforcement, as well as to present a doctrinal description of the arbitration’s role in law enforcement system and its managerial impact mechanism.Methodology. Research of general functions of law enforcement in social governance. Essential features of arbitration and basic foundations of civil litigation also have been compared.The results and the scope of its application. The results are both doctrinal and practical. Domestic and international commercial arbitration can be considered as a peculiar form of managerial impact, as a subsystem of civil justice subordinated to general patterns of the social governance. Arbitration is a special, private on its origin, form of managerial impact, whereas arbitration tribunal is an independent nongovernmental element of the social governance system. Despite the fact of its private origin arbitration is in full measure a law enforcement activity. Theoretical comparison of arbitration’s substance with civil litigation became a convincing proof of the existence of public elements in a private segment of civil justice system.Conclusions. Application of law by arbitration tribunals, both domestic and international, has the imperious character. Arbitration is a legal activity, private on its origin and to a great extent public by its essence. It embraces the expansion of general legal directions on individual social relationships by means of making arbitral awards which are law enforcement acts of individual character.

Thinking Like a Government Documents Librarian.

Science.gov (United States)

Malone, Chuck

1998-01-01

Explains ways to find government information on the Internet and from other sources such as online catalogs and CD-ROMs. Highlights include determining the appropriate agency involved, sources of information, finding statistics, researching legislation, the relationship between laws and regulations, and ambiguous citations. (LRW)

Private food law : governing food chains through contracts law, self-regulation, private standards, audits and certification schemes

NARCIS (Netherlands)

Meulen, van der B.M.J.

2011-01-01

Since the turn of the Millennium, world-wide initiatives from the private sector have turned the regulatory environment for food businesses upside down. For the first time in legal literature this book analyses private law initiatives relating to the food chain, often referred to as private

Immigrant Rights in Iran and Canada and International Law

Directory of Open Access Journals (Sweden)

Forouzan Lotfi

2017-09-01

Full Text Available After World War II, migration, particularly in the post-Cold War became a global challenge. Today, there are 191 million migrants around the world that constitutes 3 percent of the world's total population. And it is a fact that has various social, economic, humanitarian, political and especially juridical dimensions and effects at the international level as an international issue. National Immigration Law is a part of the legal system governing the strangers in the host state whose provisions are determined by the domestic legal system of the recent state. Although the standards of international law are intended to govern migration, but in this case, however, the regulation of the source government is ineffective. Unless there are specific treaty arrangements while global recruits in the field of migration are specifically impossible and regional multilateral treaties can only be cited. This article tries to review and analyze the immigrant rights in Iran as a source country and Canada as a host country with their own different rights regarding the immigrants by a descriptive - analytical approach. Because of tangible vacuum in the literature of international law and the need to explore other sources of international law, according to the first paragraph of Article 38 of the Statute of the International Court of Justice, on the one hand and the necessity of this article in Iran as a transit country for migration and particularly to Canada on the other hand, conducting this research is of great importance.

Monitoring good corporate governance in developing countries ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... The call for good corporate governance was as a result of the scandal and collapse ... This paper made use of legislation, regulations (Codes of best practices) and ...

Paternalism and its discontents: motorcycle helmet laws, libertarian values, and public health.

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-02-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists' advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering.

The Freedom of Information Act and Government's Corporate Information Files.

Science.gov (United States)

Kielbowicz, Richard B.

1978-01-01

Discusses exemptions to the Freedom of Information Act that prevent disclosure of some types of corporate information supplied to the federal government. Examines case law that has developed around these exemptions and gages the degree to which they block access to corporate information held by the government. (GW)

The Applicability of Governance at King Saud University in Riyadh

Science.gov (United States)

Kentab, Mohammad Y.

2018-01-01

The problem of the study revolves around the application of the requirements of governance at King Saud University. The study aims to identify the extent of governance requirements at King Saud University as seen by faculty members through transparency, accountability, organizational structure, laws, regulations, and justice. To achieve the…

An international corporate governance index

NARCIS (Netherlands)

Martynova, M.; Renneboog, L.D.R.; Wright, M.; Siegel, D.; Keasey, K.; Filatotchev, I.

2013-01-01

This chapter presents a comparative analysis of corporate governance regulatory systems and their development since 1990 in the United States and in 30 European countries. It introduces a proposed methodology that would help create detailed corporate governance indices which describe the primary

The rule of law in governance in Nigeria | Nwogu | Nnamdi Azikiwe ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 1 (2010) >. Log in or Register to get access to full text downloads.

Powerful subjects of tax law enforcement

OpenAIRE

Igor Dementyev

2017-01-01

УДК 342.6The subject. Competence of government bodies and their officials in the sphere of application of the tax law is considered in the article.The purpose of research is to determine the ratio of tax enforcement and application of the tax law, as well as the relationship between the concepts “party of tax enforcement” and “participant of tax legal relations”.Main results and scope of their application. The circle of participants of tax legal relations is broader than the circle of parties...

Visiting Power Laws in Cyber-Physical Networking Systems

Directory of Open Access Journals (Sweden)

Ming Li

2012-01-01

Full Text Available Cyber-physical networking systems (CPNSs are made up of various physical systems that are heterogeneous in nature. Therefore, exploring universalities in CPNSs for either data or systems is desired in its fundamental theory. This paper is in the aspect of data, aiming at addressing that power laws may yet be a universality of data in CPNSs. The contributions of this paper are in triple folds. First, we provide a short tutorial about power laws. Then, we address the power laws related to some physical systems. Finally, we discuss that power-law-type data may be governed by stochastically differential equations of fractional order. As a side product, we present the point of view that the upper bound of data flow at large-time scaling and the small one also follows power laws.

Yearbook of environmental and engineering law 1990

International Nuclear Information System (INIS)

Marburger, P.

1990-01-01

The yearbook 1990 again contains individual contributions on German, foreign, and international environmental and engineering law. Beginning with this volume, there will always be a detailed report on previous year developments in environmental and engineering law in order to master the continuously increasing legal material. Some contributions - there are others - deal with the following subjects: Legislative need to act in matters of genetic engineering; ethics commissions and constitutional law; nature's own rights; legal protection of local government against brown coal plans; mining laws; sports and air-traffic noise; questions of nuclear waste management; removal of long-standing multi-party liability in environmental law; waste and restoration of abandoned industrial sites; technological development and liability insurance; problems of legislation coming into effect in pollution abatement procedures; Dutch air pollution abatement fund; environmental absolute liability in Austria; EC environmental legislation and solo actions by individual member states. (HSCH) [de

The Federal Depository Library Program (FDLP), Academic Libraries, and Access to Government Information

Science.gov (United States)

Jaeger, Paul T.; Bertot, John Carlo; Shuler, John A.

2010-01-01

The electronic environment has significantly shifted library capabilities and user expectations for the delivery of government information and services. At the same time, many laws of the federal government have pushed for the creation and distribution of government information through electronic channels. However, the Federal Depository Library…

Collections of laws and ordinances concerning radiation injury prevention as of July 24, 1981

International Nuclear Information System (INIS)

Tsuruta, Takao

1981-01-01

There are laws, government and ministerial ordinances and notifications, each of them bears a definite role, and the contents of the legal regulation on a certain range of matter are determined by their close interrelation and mutual supplementation. Many laws and ordinances concerning atomic energy also form a legal system under such mutual relation. The Atomic Energy Act is positioned at its top, and the main part related to radiation injury prevention comprises a law, two ordinances, a regulation and a notification. Such relationship of individual laws and ordinances is mostly shown in lower rank laws and ordinances. In Chapter 1 of this book, the Atomic Energy Act and the government ordinance concerning the definition of nuclear fuel materials, nuclear raw materials, nuclear reactors and radiation are described. In Chapter 2, the law concerning prevention of radiation injuries due to radiactive isotopes and others, the ordinances and eight notifications closely related to them are collected. In Chapter 3, other related laws and ordinances are gathered. To understand the laws and ordinances synthetically and systematically, the provisions of different laws and ordinances, which are mutually related, are arranged together showing their relation. (Kako, I.)

[The reform of Spanish abortion law].

Science.gov (United States)

Requero Ibáñez, José Luís

2009-01-01

The article focuses on the different factors and circumstances that have led to the reform of Spanish Abortion Law (1985). Judicial investigations of several abortion clinics have demonstrated that up until today there has been a widespread tendency of the clinics to practice beyond the limits established by the law. Nonetheless, the reaction of the government has not been to protect the life of the unborn. Its reaction has been, however, to cover the irregularities committed by the abortionists through the legalization of their abusive practices. Besides, the reform of the law has been inspired by elements of radical feminism. The author points out the major reasons that make this reform unconstitutional and offers alternative solutions for the protection of the mother and the unborn child.

Security Cooperation Activities: Strengthening a Partner Military and its Governing Institutions

Science.gov (United States)

2016-05-26

governments suffered from economic instability , corruption, poor rule of law, and low administration of justice. Government and economic stability ...types of programs applied. Conditions defining allied state characteristics are military structure, government polity rating, and economic stability ...regional instability . Dr. Michael Mihalka and Mr. Mark Wilcox covered the trends in liberal democracy in the South Caucasus in light of economic

The News Media and the Government: Clash of Concentrated Power.

Science.gov (United States)

Freedom House, Inc., New York, NY.

This document brings together news media and constitutional law specialists with past and present government officials to define the areas of conflict and the operative constitutional rules and to devise ways to maximize the flow of information to the public without destructive confrontations between the media and government. Contents include:…

Economics of mining law

Science.gov (United States)

Long, K.R.

1995-01-01

Modern mining law, by facilitating socially and environmentally acceptable exploration, development, and production of mineral materials, helps secure the benefits of mineral production while minimizing environmental harm and accounting for increasing land-use competition. Mining investments are sunk costs, irreversibly tied to a particular mineral site, and require many years to recoup. Providing security of tenure is the most critical element of a practical mining law. Governments owning mineral rights have a conflict of interest between their roles as a profit-maximizing landowner and as a guardian of public welfare. As a monopoly supplier, governments have considerable power to manipulate mineral-rights markets. To avoid monopoly rent-seeking by governments, a competitive market for government-owned mineral rights must be created by artifice. What mining firms will pay for mineral rights depends on expected exploration success and extraction costs. Landowners and mining firms will negotlate respective shares of anticipated differential rents, usually allowing for some form of risk sharing. Private landowners do not normally account for external benefits or costs of minerals use. Government ownership of mineral rights allows for direct accounting of social prices for mineral-bearing lands and external costs. An equitable and efficient method is to charge an appropriate reservation price for surface land use, net of the value of land after reclamation, and to recover all or part of differential rents through a flat income or resource-rent tax. The traditional royalty on gross value of production, essentially a regressive income tax, cannot recover as much rent as a flat income tax, causes arbitrary mineral-reserve sterilization, and creates a bias toward development on the extensive margin where marginal environmental costs are higher. Mitigating environmental costs and resolving land-use conflicts require local evaluation and planning. National oversight ensures

The Effect of International Trade on Rule of Law

Directory of Open Access Journals (Sweden)

Junsok Yang

2013-03-01

Full Text Available In this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and importsIn this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and imports as percentage of GDP, international trade and basic human rights seem to have little relationship; but trade has a close positive relationship with strong order and security. Somewhat surprisingly, regulatory transparency and effective implementation seems to have little or no effect on international trade and vice versa. International trade shows a clear positive relationship with the country’s criminal justice system, but the relationship with the civil justice system is not as clear as such. For regulatory implementation and civil justice, services trade positively affect these institutions, but these institutions in turn affect exports more strongly than services trade. Finally, the effect of trade on rule of law is stronger on a medium to long term (10-20 year time horizon.

An overview of future EU health systems. An insight into governance, primary care, data collection and citizens' participation.

Science.gov (United States)

Quaglio, Gianluca; Figueras, Josep; Mantoan, Domenico; Dawood, Amr; Karapiperis, Theodoros; Costongs, Caroline; Bernal-Delgado, Enrique

2018-03-26

Health systems in the European Union (EU) are being questioned over their effectiveness and sustainability. In pursuing both goals, they have to conciliate coexisting, not always aligned, realities. This paper originated from a workshop entitled 'Health systems for the future' held at the European Parliament. Experts and decision makers were asked to discuss measures that may increase the effectiveness and sustainability of health systems, namely: (i) increasing citizens' participation; (ii) the importance of primary care in providing integrated services; (iii) improving the governance and (iv) fostering better data collection and information channels to support the decision making process. In the parliamentary debate, was discussed the concept that, in the near future, health systems' effectiveness and sustainability will very much depend on effective access to integrated services where primary care is pivotal, a clearer shift from care-oriented systems to health promotion and prevention, a profound commitment to good governance, particularly to stakeholders participation, and a systematic reuse of data meant to build health data-driven learning systems. Many health issues, such as future health systems in the EU, are potentially transformative and hence an intense political issue. It is policy-making leadership that will mostly determine how well EU health systems are prepared to face future challenges.

Values in global administrative law [essays in honour of Spyridon Flogaitis and Gérard Timsit

CERN Document Server

2011-01-01

Global administrative law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. Focusing in particular on the search for accountability and legitimacy, it carries with it: testing questions about democracy in post-Westphalian society; the meaning of ideas of "publicness" and "public good;" and the global relevance of values that include due process, equality, and fundamental rights. These, and other issues, are key to critiquing the form of governance that now envelops the globe. This collection of essays brings together leading public law scholars who are working in the field of global administrative law. Based on papers presented at a workshop held at Sciences-Po in Paris in late 2008, it addresses past and future challenges related to global governance. Eac...

The second laws of quantum thermodynamics.

Science.gov (United States)

Brandão, Fernando; Horodecki, Michał; Ng, Nelly; Oppenheim, Jonathan; Wehner, Stephanie

2015-03-17

The second law of thermodynamics places constraints on state transformations. It applies to systems composed of many particles, however, we are seeing that one can formulate laws of thermodynamics when only a small number of particles are interacting with a heat bath. Is there a second law of thermodynamics in this regime? Here, we find that for processes which are approximately cyclic, the second law for microscopic systems takes on a different form compared to the macroscopic scale, imposing not just one constraint on state transformations, but an entire family of constraints. We find a family of free energies which generalize the traditional one, and show that they can never increase. The ordinary second law relates to one of these, with the remainder imposing additional constraints on thermodynamic transitions. We find three regimes which determine which family of second laws govern state transitions, depending on how cyclic the process is. In one regime one can cause an apparent violation of the usual second law, through a process of embezzling work from a large system which remains arbitrarily close to its original state. These second laws are relevant for small systems, and also apply to individual macroscopic systems interacting via long-range interactions. By making precise the definition of thermal operations, the laws of thermodynamics are unified in this framework, with the first law defining the class of operations, the zeroth law emerging as an equivalence relation between thermal states, and the remaining laws being monotonicity of our generalized free energies.

Space, time and conservation laws

International Nuclear Information System (INIS)

Aronov, R.A.; Ugarov, V.A.

1978-01-01

The Neter theorem establishing correspondence between conservation laws and symmetry properties (space and time in particular) is considered. The theorem is based on one of the possible ways of finding equations of motion for a physical system. From a certain expression (action functional) equations of motion for a system can be obtained which do not contain new physical assertions in principal in comparison with the Newtonian laws. Neter suggested a way of deriving conservation laws by transforming space and time coordinates. Neter theorem consequences raise a number of problems: 1). Are conservation laws (energy, momentum) consequences of space and time symmetry properties. 2). Is it possible to obtain conservation laws in theory neglecting equations of motion. 3). What is of the primary importance: equations of motion, conservation laws or properties of space and time symmetry. It is shown that direct Neter theorem does not testify to stipulation of conservation laws by properties of space and time symmetry and symmetry properties of other non-space -time properties of material systems in objective reality. It says nothing of whether there is any subordination between symmetry properties and conservation laws

Legal provisions governing the acknowledgment of test results

International Nuclear Information System (INIS)

Strecker, A.

1982-01-01

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

Corporate Governance During Market Transition: Heterogeneous responses to institutional tensions in China

NARCIS (Netherlands)

P-O. Legault Tremblay (Pierre-Olivier)

2015-01-01

textabstractCorporate governance in transition economies does not fit in the dominant normative models. China embodies institutional tensions between an inherited system of political governance and new laws transplanted from Western countries that empower external shareholders on capital markets.

Legal Frameworks for Higher Education Governance in Sub-Saharan Africa

Science.gov (United States)

Saint, William

2009-01-01

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

Religion and Attitudes toward Divorce Laws among U.S. Adults

Science.gov (United States)

Stokes, Charles E.; Ellison, Christopher G.

2010-01-01

This study examines religious differences in attitudes toward divorce laws among U.S. adults. Using pooled data from the 2000-2006 NORC General Social Surveys (N = 5,683), we find that frequency of religious attendance and belief that the Bible is the Word of God are strong predictors of support for stricter laws governing divorce. Indeed, these…

Scaling and scale invariance of conservation laws in Reynolds transport theorem framework

Science.gov (United States)

Haltas, Ismail; Ulusoy, Suleyman

2015-07-01

Scale invariance is the case where the solution of a physical process at a specified time-space scale can be linearly related to the solution of the processes at another time-space scale. Recent studies investigated the scale invariance conditions of hydrodynamic processes by applying the one-parameter Lie scaling transformations to the governing equations of the processes. Scale invariance of a physical process is usually achieved under certain conditions on the scaling ratios of the variables and parameters involved in the process. The foundational axioms of hydrodynamics are the conservation laws, namely, conservation of mass, conservation of linear momentum, and conservation of energy from continuum mechanics. They are formulated using the Reynolds transport theorem. Conventionally, Reynolds transport theorem formulates the conservation equations in integral form. Yet, differential form of the conservation equations can also be derived for an infinitesimal control volume. In the formulation of the governing equation of a process, one or more than one of the conservation laws and, some times, a constitutive relation are combined together. Differential forms of the conservation equations are used in the governing partial differential equation of the processes. Therefore, differential conservation equations constitute the fundamentals of the governing equations of the hydrodynamic processes. Applying the one-parameter Lie scaling transformation to the conservation laws in the Reynolds transport theorem framework instead of applying to the governing partial differential equations may lead to more fundamental conclusions on the scaling and scale invariance of the hydrodynamic processes. This study will investigate the scaling behavior and scale invariance conditions of the hydrodynamic processes by applying the one-parameter Lie scaling transformation to the conservation laws in the Reynolds transport theorem framework.

Law and justice in Post-Soviet Russia: Strategies of constitutional modernization

Directory of Open Access Journals (Sweden)

Andrei N. Medushevsky

2012-07-01

Full Text Available The relationships between notions of law and justice – the central argument in political debates of transition periods. The law is defined in contemporary political science as a special form of social organization which represents itself as a value, norm and fact. The complex interpretation of law as a multidimensional phenomenon is possible only if these three competing parameters are taken into consideration. Another side of the problem is the definition of justice as an ideal, norm or historical tradition. Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law. The establishment of a new constitutional order is simultaneously the result and the main premise of this transformation. At the focus of our approach is the comparison between conservative, liberal and pragmatic strategies of legal and constitutional transformation.

RE-EXAMINATION OF WAGNER’S LAW FOR OECD COUNTRIES

Directory of Open Access Journals (Sweden)

KORHAN GOKMENOGLU

2013-02-01

Full Text Available This paper investigates the relationship between government spending and economic growth. Economictheory generally expects a negative relationship between these variables for rich countries with large public sectors.However, empirical studies often cannot find a robust negative relationship and have provided mixed empiricalevidence. In the case of the relationship between public expenditure and economic growth it appears thatspecification of econometric methods, data selection and time span could affect the findings and lead to contradictoryconclusions. This paper utilizes a panel of cross-sectional and time series data for 16 OECD countries over the 1995-2010 periods to reexamine the relationship between government spending and economic growth by conductingeconometric panel study. We investigate the unit root properties and cointegration, long-run economic relationship,between government expenditure and economic growth to test the validity of Wagner’s Law. Our findings indicate thatgovernment spending exerts a positive and significant influence on economic growth and provide evidence for thevalidity of Wagner’s law.

New laws on population urged.

Science.gov (United States)

1976-12-03

A workshop on ''Population and the Law'' sponsored by the Family Planning Organization of the Philippines and the International Planned Parenthood Federation recommended the following changes in Philippine law to implement family planning: legalization of abortion for women whose life or health are endangered by pregnancy and those who become pregnant despite contraceptives; delaying age of marriage to 18; extension of family planning incentives and maternity leave to women in government service; allow trained nurses and midwives to dispense contractives; legalize sterilization; include sterilization in medicare benefits; specify by law which contraceptive drugs may be dispensed by nonphysicians and nonpharmacists in rural areas; legalize premarital family planning counseling; declare family planning materials tax exempt; encourage reluctant doctors to practice sterilization through professional regulatory agencies; extend industrial family planning services to women living near the plant; launch massive information drives to advise young people of the hazards of premarital sex; strict enforcement of abortion laws in areas where illegal abortion still exists; grant women equal rights in area of consent for sterilization; and eliminate the stigma of illegitimacy for those born out of wedlock.

A Comprehensive Review of State Laws Governing Internet and Other Delivery Sales of Cigarettes in the USA

Science.gov (United States)

Chriqui, Jamie F.; Ribisl, Kurt M.; Wallace, Raedell M.; Williams, Rebecca S.; O’Connor, Jean C.; el Arculli, Regina

2014-01-01

All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (1) document the historical enactment of the laws; (2) assess the nature and extent of the laws; and (3) conduct preliminary analyses to examine the relationship between states with laws and other factors that might predict enactment of or be impacted by these laws. Between 1995 and 2006, thirty-four states (67%) enacted a relevant law, with 23 states’ laws (45%) enacted between 2003 and 2006. Four states banned direct-to-consumer shipment of cigarettes. The remaining 30 states’ laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws also have stronger state excise tax rates, youth access to tobacco policies, and state tobacco control environments as well as higher cigarette excise tax revenue, past month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion. PMID:18236290

Government grant control of development of stock-raising

OpenAIRE

SAMOYLIK YU.V.

2012-01-01

Directions of improvement of mechanism of government grant control of development of stock-raising are offered on the basis of the educed tendencies and conformities to law in the existent system of sponsorship of industry.

Memoirs of law, sciences and technologies - Law and climate thematic issue

International Nuclear Information System (INIS)

Torre-Schaub, M.; Jouzel, J.; Boisson de Chazournes, L.; Sadeleer, N. de; Denis, B.; Godard, O.; Le Prestre, P.; Maljean-Dubois, S.; Wemaere, M.; Rousseaux, S.; Louchard, O.

2009-01-01

This dossier is organized around two essential points: 1 - climate is a scientific question which combines science and governance. In this context, the last IPCC (Intergovernmental Panel on Climate Change) report gives an essential place to uncertainties with claiming that 'it is more probable than improbable that we may be in an irreversible process of global warming'. Therefore, it has become necessary to think about the management of uncertainties using law and to a massive mobilization of the precaution principle. The essential economical aspects to the implementation of a significant abatement of greenhouse gases cannot be passed over in silence as well. Finally, the civil society occupies a more and more important place, not only in international negotiations, but inside the countries as well. 2 - Global warming is thinkable at a World scale only. This implies that some kind of a climate geopolitics is emerging in the World, considering the existence at the same time of different sources and different problems to deal with (technical, economical) depending on the regions of the world. From the strictly legal point of view, the scenarios presented at Bali consider the World by 2012 onward. In this context, the fight against global warming mobilizes several legal instruments, some being new and the others being not. We assist to a real law genesis. The emissions trading markets, for instance, and other financial mechanisms, belong to these new instruments. However, using old legal means to solve new problems is another way to create law. It is also important to stress on the fact that the international law is not the only possible legal mean to square the fight against global warming. The liability right for the violation of a public property, i.e. the atmosphere, remains an instrument combining experience and novelty and has proved itself in several countries. Finally, in France, the 'Grenelle de l'Environnement' policy has led to an extraordinary process of

Reform of the energy law - state of considerations from the viewpoint of the Federal German Government. Energierechtsreform - Stand der Ueberlegungen aus der Sicht der Bundesregierung

Energy Technology Data Exchange (ETDEWEB)

Cronenberg, M

1991-05-01

The Federal German Government is pushing more entrepreneurial responsibility, more deregulation and more competition. Consequently, the option 'A' - boosting of governmental planning competence - is eliminated. To be realized is option 'C' - modernization of the law without fundamental change of its substance. Within, the meaning of option 'B' - boosting of the undertakers' and consumers' own responsibility by deregulation - it is necessary to carefully review each individual instance described in the law in order to decide whether it can be rendered superfluous by less stringent regulation of the market. With regard to ten problems, the article indicates the attitude taken by the Federal German ministry of economy in the light of talks so far held, e.g.: enlargement of the catalogue of targets by pollution abatement and careful management of resources; equal regulatory effort for electric power and gas; federally uniform approval procedure for overhead power transmission lines from 110 kV; energy-economic investments supervision etc. (HSCH).

Introducing Children to Democratic Government

Science.gov (United States)

Alleman, Janet; Brophy, Jere

2006-01-01

Researchers have been studying children's knowledge, thinking, and attitudes about government for several decades. However, the studies focusing on elementary students, and especially primary students, have little or nothing to say about children's ideas about democracy or democratic government. That is because children at these ages have not yet…

District Governance and Student Learning in Indonesia

OpenAIRE

Pradhan, Menno; de Ree, Joppe

2014-01-01

We document the likely importance of district governance and teacher management policies in relation to student learning in Indonesian primary schools. As the responsibility to deliver primary education has been decentralized to district governments, we expect district specific variations in teacher management policies. Consequently, we also expect variations in learning trajectories across districts. We document substantial heterogeneity in learning gains across districts. Furthermore, we sh...

Government Expectations and the Role of Law Enforcement in a Biological Incident

National Research Council Canada - National Science Library

Demme, Nancy

2007-01-01

...) that include responsibilities for law enforcement. Yet, police officers are unaccustomed to working with biological agents or responding to biological incidents, and have little if any experience in this area...

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

African Journals Online (AJOL)

The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse land control system. The law has been integral to this process. Since 1994, within a constitutional ...

Economic Efficiency of Selected Financial System Institutions of Local Government

Directory of Open Access Journals (Sweden)

Urszula Rabiej

2014-03-01

Full Text Available Functioning of local government units, as for as the economic sphere is concerned, is based on the financial law regulations. Those regulations aim at solving economic and social problems. The analysis of economic efficiency concerning implemented regulations is of particular importance for changing the EU’s attitude towards the influence, which EU has on functioning of the local governments. Implementing the local budgets, based on regulations which economic efficiency hasn’t been evaluated on the stage of legislation, may have a negative impact on local community and the economic situation of the country. Frequent changes of financial law cause actions, which financial effects cannot be predicted. What is more, those unstable regulations make it impossible to plan essential parts of a budget in a right way. That has a great importance in terms of correctness of long-term financial perspectives of the local government units.

Regulatory approaches to obesity prevention: A systematic overview of current laws addressing diet-related risk factors in the European Union and the United States.

Science.gov (United States)

Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M

2015-06-01

High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

Urgency of Attorney Governed by the Constitution

Directory of Open Access Journals (Sweden)

Rommy Patra

2015-12-01

Full Text Available Attorney existence in the Indonesian constitutional structure has a dilemma for this position. On one side is the Prosecutor’s law enforcement agencies to exercise power independently prosecution while on the other hand is part of a government institution under Law No. 16 of 2004 regarding the Attorney. The position of Attorney as an institution of government has been led to the independence of the Prosecutor is not optimal so that it appears stigma that the Prosecutor merely as a tool of the ruling power. In addition the terms of the arrangement just under the Act, the Attorney General has no legal standing as a constitutional organ that has the constitutional authority so that the current position does not reflect the urgency of its duties and functions. In an effort to organize the next Attorney institutions should be regulated directly by the Constitution. It is intended to make the Attorney as part of the main state organs have the same legal standing as other law enforcement agencies, the police and the courts (Supreme Court and Constitutional Court. As well as to strengthen and clarify the position as a state institution, prosecution authorities are focusing on the Attorney as central of authority, to fix the institutional relations between the members of law enforcement and related agencies and strengthen the independence of the Prosecutor in performing the function of prosecution in the constitutional structure of Indonesia.

The inverse primary care law in sub-Saharan Africa: a qualitative study of the views of migrant health workers.

Science.gov (United States)

Moosa, Shabir; Wojczewski, Silvia; Hoffmann, Kathryn; Poppe, Annelien; Nkomazana, Oathokwa; Peersman, Wim; Willcox, Merlin; Derese, Anselme; Mant, David

2014-06-01

Many low-income and middle-income countries globally are now pursuing ambitious plans for universal primary care, but are failing to deliver adequate care quality because of intractable human resource problems. To understand why migrant nurses and doctors from sub-Saharan Africa did not wish to take up available posts in primary and first-contact care in their home countries. Qualitative study of migrant health workers to Europe (UK, Belgium, and Austria) or southern Africa (Botswana and South Africa) from sub-Saharan Africa. Semi-structured interviews with 66 health workers (24 nurses and 42 doctors) from 18 countries between July 2011 and April 2012. Transcripts were analysed thematically using a framework approach. The reasons given for choosing not to work in primary care were grouped into three main analytic streams: poor working environment, difficult living experiences, and poor career path. Responders described a lack of basic medicines and equipment, an unmanageable workload, and lack of professional support. Many had concerns about personal security, living conditions (such as education for children), and poor income. Primary care was seen as lower status than hospital medicine, with lack of specialist training opportunities and more exposure to corruption. Clinicians are reluctant to work in the conditions they currently experience in primary care in sub-Saharan Africa and these conditions tend to get worse as poverty and need for primary care increases. This inverse primary care law undermines achievement of universal health coverage. Policy experience from countries outside Africa shows that it is not immutable. © British Journal of General Practice 2014.

Discrimination in Public Employment: The Evolving Law.

Science.gov (United States)

McCarthy, Martha M.

This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

Hugo Grotius, Privileges, Fundamental Laws and Rights

NARCIS (Netherlands)

van Nifterik, G.

2011-01-01

As a result of the political developments in the young and struggling Dutch Republic, Grotius experienced the lack of, and the need for juridical protection of some basic rights against infringements by the government. The privileges, taken for fundamental laws, did not provide this protection

On the structure and phase transitions of power-law Poissonian ensembles

Science.gov (United States)

Eliazar, Iddo; Oshanin, Gleb

2012-10-01

Power-law Poissonian ensembles are Poisson processes that are defined on the positive half-line, and that are governed by power-law intensities. Power-law Poissonian ensembles are stochastic objects of fundamental significance; they uniquely display an array of fractal features and they uniquely generate a span of important applications. In this paper we apply three different methods—oligarchic analysis, Lorenzian analysis and heterogeneity analysis—to explore power-law Poissonian ensembles. The amalgamation of these analyses, combined with the topology of power-law Poissonian ensembles, establishes a detailed and multi-faceted picture of the statistical structure and the statistical phase transitions of these elemental ensembles.

Schools and the Law: A Patron's Introspection

Science.gov (United States)

Colton, Paul

2009-01-01

In Ireland, where education at both primary and second level is overwhelmingly denominational in character, patronage is exercised, in the main, by religious patrons. This article is an introspective analysis of current legal issues as they face one patron and schools under his patronage; it looks at the intersection of civil law with Church law;…

AW OCRACY LOPMENT LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

User

scrutinise and oversee government actions,8 thus providing it with the ... 2 Feldman D “The roles of parliaments in protecting human rights: A view ... Lecture delivered at the Law School, University of Melbourne (2006) available at ..... issues of national concern and in the subsequent ratification of treaties as the basis for.

Corporate governance and earnings quality : evidence from the Malaysian banking sector

OpenAIRE

Siniah, Thangamany

2017-01-01

This thesis investigates whether corporate governance conformance by Malaysian banks improves their financial reporting quality. It is motivated by the controversies surrounding corporate governance reforms and the calls for systematic research on its efficacy in the post-reform period. Malaysian banks have been subject to international standards of corporate governance since before and after the 1997–1998 Asian Financial Crisis. Malaysia’s common-law tradition, greater level of financial and...

The association of soda sales tax and school nutrition laws: a concordance of policies.

Science.gov (United States)

Greathouse, K Leigh; Chriqui, Jamie; Moser, Richard P; Agurs-Collins, Tanya; Perna, Frank M

2014-10-01

The current research examined the association between state disfavoured tax on soda (i.e. the difference between soda sales tax and the tax on food products generally) and a summary score representing the strength of state laws governing competitive beverages (beverages that compete with the beverages in the federally funded school lunch programme) in US schools. The Classification of Laws Associated with School Students (CLASS) summary score reflected the strength of a state's laws restricting competitive beverages sold in school stores, vending machines, school fundraisers and à la carte cafeteria items. Bridging the Gap (BTG) is a nationally recognized research initiative that provided state-level soda tax data. The main study outcome was the states' competitive beverage summary scores for elementary, middle and high school grade levels, as predicted by the states' disfavoured soda tax. Univariate and multivariate analyses were conducted, adjusting for year and state. Data from BTG and CLASS were used. BTG and CLASS data from all fifty states and the District of Columbia from 2003 to 2010 were used. A higher disfavoured soda sales tax was generally associated with an increased likelihood of having strong school beverage laws across grade levels, and especially when disfavoured soda sales tax was >5 %. These data suggest a concordance between states' soda taxes and laws governing beverages sold in schools. States with high disfavoured sales tax on soda had stronger competitive beverage laws, indicating that the state sales tax environment may be associated with laws governing beverage policy in schools.

Overview of corporate governance in Ethiopia: The role, composition ...

African Journals Online (AJOL)

PROMOTING ACCESS TO AFRICAN RESEARCH ... Good corporate governance is an important pillar of the market economy and it enhances investor confidence. ... The Ethiopian company law does not have adequate legislative provisions ...

Local government and utility firms’ debts

Directory of Open Access Journals (Sweden)

Marko Primorac

2011-12-01

Full Text Available The global financial crisis has affected the Croatian local public sector. In such circumstances, local government units’ debts and borrowing should be approached with caution. The highly interwoven financial operations of local government units and their utilities indicate the need for analysis of consolidated financial statements of local governments and utility companies in order to gain an insight into the real financial “health” of local units. Accordingly, the main aim of this paper is to analyze the size and the structure of the consolidated (local government and utility companies local public debt in Croatia. Accordingly, the paper presents the financial position of local government units supplemented with information on the financial operations of utility companies, with particular emphasis on the size and structure of their liabilities and gross and net debt. Although the current Budget Law does not require formal preparation of consolidated financial statements by local governments and their utility firms, consolidation is stipulated by International Public Sector Accounting Standards (IPSAS. The application of IPSAS regulations would be helpful in determining overall direct and indirect exposure of local government units arising from the financial operations of their utilities.

Historical Assessment Of The Government's Provision Of Primary ...

African Journals Online (AJOL)

Infrastructure in Lagos State public primary and secondary schools should be up graded and modern ones be provided.Infrastructure in Lagos State public primary and secondary schools should be up graded and modern ones be provided. African Journal of Cross-Cultural Psychology and Sport Facilitation Vol. 10 2008: ...

Soil transmitted helminths and associated factors among schoolchildren in government and private primary school in Jimma Town, Southwest Ethiopia.

Science.gov (United States)

Debalke, Serkadis; Worku, Amare; Jahur, Nejat; Mekonnen, Zeleke

2013-11-01

Soil transmitted helminth infections are among the most common human infections. They are distributed throughout the world with high prevalence rates in tropical and sub-tropical countries mainly because of lack of adequate sanitary facilities, inappropriate waste disposal systems, lack of safe water supply, and low socio-economic status. A comparative cross sectional study was conducted from December 2011 to June 2012 to determine and assess the prevalence of soil transmitted helminths and their associated factors among government and private primary school children. Stool samples were collected from 369 randomly selected children and examined microscopically for eggs of soil transmitted helminth following McMaster techniques. Soil samples were collected from different parts of the school compound and microscopic examination was performed for eggs of the helminths using sodium nitrate flotation technique. The overall prevalence rate of soil transmitted helminth infections in private and government schools was 20.9% and 53.5% respectively. T. trichiura was the most common soil transmitted helminth in both schools while hookworm infections were identified in government school students only. Type of school and sex were significantly associated with soil transmitted helminth. Soil contamination rate of the school compounds was 11.25% with predominant parasites of A. lumbricoides. Higher prevalence of soil transmitted helminth infection was found among government school students. Thus, more focus, on personal hygiene and sanitary facilities, should be given to children going to government schools.

Probability laws related to the Jacobi theta and Riemann zeta function and Brownian excursions

OpenAIRE

Biane, P.; Pitman, J.; Yor, M.

1999-01-01

This paper reviews known results which connect Riemann's integral representations of his zeta function, involving Jacobi's theta function and its derivatives, to some particular probability laws governing sums of independent exponential variables. These laws are related to one-dimensional Brownian motion and to higher dimensional Bessel processes. We present some characterizations of these probability laws, and some approximations of Riemann's zeta function which are related to these laws.

Boundaries Delineation of Marine Management Sharing According to Local Government Law No. 23/2014 (Case Study: Surabaya, Sidoarjo, Bangkalan and Sampang)

Science.gov (United States)

Khomsin; Intan Ary Prayogi, S.

2018-03-01

Regional autonomy is the right, the authority, and the obligation of autonomous region to set up and manage their own affairs and interests of the community in accordance with the potential and peculiarities of each area. To implement regional autonomy, the autonomous region must be clear where the location of its borders. Boundary area is divided into two, namely boundaries in the land and boundaries in the sea. Based on the authority of region government that regulated in Law of Republic Indonesia Number 23 in 2014, the regional maritime boundary consist of maritime management boundary for the province and maritime income sharing boundary for the district/city. This study aimed to determine the maritime income sharing boundary between Surabaya City, Sidoarjo, Bangkalan and Sampang District related to the presence of tanah oloran. Tanah oloran is located in the border of Surabaya City and Sidoarjo district which is currently being disputed border and seizure of property by the two districts/cities. The results of research represent that the claim ownership of Tanah Oloran can impact on maritime income sharing boundaries of Surabaya City and Sidoarjo District with region maritime overlapping is 2,258 ha and will benefit for the region maritime income sharing Sidoarjo District Government.

Malaysia : Report on the Observance of Standards and Codes (ROSC), Corporate Governance Country Assessment

OpenAIRE

World Bank

2005-01-01

This ROSC assessment of corporate governance in Malaysia benchmarks law and practice against the OECD Principles of Corporate Governance, and focuses on listed companies. Important corporate governance reforms have been implemented in Malaysia since 1998, when a high-level Finance Committee on Corporate Governance, consisting of both government and industry, was formed to identify and address weaknesses highlighted by the Asian financial crisis. Key reforms have included the development of a ...

Nuclear law - Nuclear safety

International Nuclear Information System (INIS)

Pontier, Jean-Marie; Roux, Emmanuel; Leger, Marc; Deguergue, Maryse; Vallar, Christian; Pissaloux, Jean-Luc; Bernie-Boissard, Catherine; Thireau, Veronique; Takahashi, Nobuyuki; Spencer, Mary; Zhang, Li; Park, Kyun Sung; Artus, J.C.

2012-01-01

This book contains the contributions presented during a one-day seminar. The authors propose a framework for a legal approach to nuclear safety, a discussion of the 2009/71/EURATOM directive which establishes a European framework for nuclear safety in nuclear installations, a comment on nuclear safety and environmental governance, a discussion of the relationship between citizenship and nuclear, some thoughts about the Nuclear Safety Authority, an overview of the situation regarding the safety in nuclear waste burying, a comment on the Nome law with respect to electricity price and nuclear safety, a comment on the legal consequences of the Fukushima accident on nuclear safety in the Japanese law, a presentation of the USA nuclear regulation, an overview of nuclear safety in China, and a discussion of nuclear safety in the medical sector

Criminal Law Study Guide (Revision)

National Research Council Canada - National Science Library

1998-01-01

.... Correct application of principles of military criminal law. This study guide is the is the primary text for students in the course and may be also useful to practicing judge advocates as a starting point for research...

Financial Reporting of Government Property in the Custody of Contractors

National Research Council Canada - National Science Library

1997-01-01

... of the Military Departments and Defense agencies. We also assessed management controls affecting the financial reporting of Government property, and we assessed compliance with applicable laws and regulations...

Conservation laws for steady flow and solitons in a multifluid plasma revisited

International Nuclear Information System (INIS)

Mace, R. L.; McKenzie, J. F.; Webb, G. M.

2007-01-01

The conservation laws used in constructing the governing equations for planar solitons in multifluid plasmas are revisited. In particular, the concept of generalized vorticity facilitates the derivation of some general ''Bernoulli theorems,'' which reduce, in specific instances, to conservation laws previously deduced by other means. These theorems clarify the underlying physical principles that give rise to the conserved quantities. As an example of the usefulness of the techniques, even for relatively simple flows and progressive waves, the equations governing stationary nonlinear whistler waves propagating parallel to an ambient magnetic field are derived using generalized vorticity concepts

A successful Charter challenge to medicare? Policy options for Canadian provincial governments.

Science.gov (United States)

Flood, Colleen M; Thomas, Bryan

2018-03-26

In September 2016, a case went to trial in British Columbia that seeks to test the constitutionality of provincial laws that (1) ban private health insurance for medically necessary hospital and physician services; (2) ban extra-billing (physicians cannot charge patients more than the public tariff); and (3) require physicians to work solely for the public system or 'opt-out' and practice privately. All provinces have similar laws that have been passed to meet the requirements of federal legislation, the Canada Health Act (and thus qualify for federal funds). Consequently, a finding of unconstitutionality of one or more of these laws could have a very significant impact on the future of Canada's single-payer system ('medicare'). However, should the court find that a particular law is not in compliance with the Canadian Charter of Rights and Freedoms, the baton is then passed back to the government which may respond with other laws or policies that they believe to be constitutionally compliant. The ultimate impact of any successful Charter challenge to laws protecting medicare from privatization will thus significantly depend on how Canadian governments respond. Provincial governments could allow privatization to undercut equity and access, or they could respond creatively with new legal and policy solutions to both improve equity and access and tackle some of the problems that have long bedeviled Canadian medicare. This paper provides an understanding - grounded in comparative health systems evidence - of law and policy options available to Canadian lawmakers for limiting two-tier care in the wake of any successful challenge to existing laws. The paper presents the results of a large inter-disciplinary, comparative study, started in 2015, that systematically reviewed the legal and broader regulatory schemes used to regulate the public/private divide in 15 Organization for Economic Co-Operation and Development countries with a particular eye to what the effect of

GOOD GOVERNANCE AND TRANSFORMATION

Directory of Open Access Journals (Sweden)

Hans-Jürgen WAGENER

2005-12-01

Full Text Available Transformation of a totalitarian, basically administratively coordinated system into a democratic one that is coordinated predominantly by markets and competition has been triggered by, among others, the perception of a serious deficit in welfare and happiness. Public policy has a special task transforming the economic order by liberalisation, privatisation, stabilisation and the installation of institutions that are supportive for competition. After 15 years since transformation began, there are sufficiently differentiated success stories to test the hypothesis: it was good governance that is responsible for success and bad governance for failure. The empirical results support the “Lorenzetti hypothesis”: where freedom, security and trust prevail, the economy flourishes, where they are lacking, the costs of long-term investment are too high. The initial conditions of transition countries seem to be quite similar, nevertheless, even there one can discern good and bad governance. The extent of socialist lawfulness, planning security, cronyism and corruption differed widely between East Berlin and Tashkent. And a good deal of such variations can be found in the pre-socialist history of these countries. However, the main conclusion is that the co-evolution hypothesis states that both, welfare and good governance, go together.

10th German nuclear law symposium

International Nuclear Information System (INIS)

Koch, H.J.; Rossnagel, A.

2000-01-01

This 10th symposium on nuclear law in Germany was held eight years after the 9th symposium. Due to the change of government after the last general elections, there had been a turnaround in Germany's energy policy. 'Phasing out nuclear energy' was the major strategy of the new Federal Government. The topics of the papers presented at the symposium therefore focus on: a new time frame for NPP shutdown and termination of operating licences; ensuring the safe operation of nuclear power plants for the remaining operating periods; new concepts for radwaste management and ultimate disposal. (orig./CB) [de

The Police Executive and Governance: Adapting Police Leadership to an Increase in Oversight and Accountability in Police Operations

Directory of Open Access Journals (Sweden)

Gary Ellis

2014-03-01

Full Text Available In a democracy, it is generally understood that the police serve at the will of the people and are accountable through police governance. This usually consists of elected and/or appointed officials whose primary legal authority is to set policy and appoint the police leaders whom they hold accountable for ensuring that effective policing operations are carried out. It is widely held in common law jurisdictions that the governing body is limited in their role and cannot get involved in “operational policing issues.” In June 2010, the G20 world leaders’ conference was held in Toronto, Canada. The events surrounding the police actions during this conference caused a great deal of concern and led the Toronto Police Services Board, who are the governing authority for the Toronto Police Service, to commission a review to look at their own role. The findings in relation to “board” involvement in the operational side of policing challenged a long held belief regarding the limited role of governance in police operations. These findings will be examined in relation to the lack of board expertise and the challenges faced by police leaders to adapt and develop their attitudes, skills and abilities to respond to any expansion of governance authority.

32 CFR 776.11 - Outside part-time practice of law.

Science.gov (United States)

2010-07-01

... 32 National Defense 5 2010-07-01 2010-07-01 false Outside part-time practice of law. 776.11... ADVOCATE GENERAL General § 776.11 Outside part-time practice of law. A covered USG attorney's primary.... Covered USG attorneys who wish to engage in the part-time, outside practice of law must first obtain...

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

Science.gov (United States)

Pomeranz, Jennifer L; Brownell, Kelly D

2008-09-01

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

Problems of the Renewable Energy Law of 2014 with respect to constitutional and EU law; Verfassungs- und unionsrechtliche Probleme des EEG 2014

Energy Technology Data Exchange (ETDEWEB)

Ekardt, Felix [Forschungsstelle Nachhaltigkeit und Klimapolitik, Leipzig (Germany); Rostock Univ. (Germany). Oeffentliches Recht und Rechtsphilosophie

2014-08-15

The 2014 amendment to the Renewable Energy Law (EEG) which is currently in the process of enactment aims to limit the scope of what has been one of the most successful climate protection instruments in the history of German law. In essence this instrument has established an obligation of acceptance of and remuneration for electricity generated from renewable resources. The present article analyses the most important regulatory objects of the 2014 EEG for their compatibility with German constitutional law as well as primary and secondary EU law.

Corporate Governance and Equity Returns

OpenAIRE

Uchida, Shigeru

2012-01-01

This paper analyses the relationship between corporate governance and equity returns from the small investors view point. A primary survey has been conducted to gather the data required to examine the link. Preliminary result of the study shows that the four elements of governance: board structure, transparency, fairness and responsibility are positively related with equity returns.

Case law

International Nuclear Information System (INIS)

Anon.

2002-01-01

Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

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

International Nuclear Information System (INIS)

Boustany, K.

1998-01-01

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

Enhancing Basic Governance: Japan's Comprehensive Counterterrorism Assistance to Southeast Asia

National Research Council Canada - National Science Library

Fouse, David; Sato, Yoichiro

2006-01-01

.... Japan's focus has been to develop a comprehensive set of initiatives aimed at enhancing SEA countries' basic governance capabilities in areas such as law enforcement, export control, money laundering...

The spirit of democracy in the implementation of public information policy at the provincial government of West Java

Science.gov (United States)

Sjoraida, D. F.; Asmawi, A.; Anwar, R. K.

2018-03-01

This article analyses the implementation of Law Number 14/2008 on Public Information Disclosure on the Provincial Government of West Java. This descriptive-qualitative study presents a discussion of the spirit of democracy in the implementation of the abovem-entioned policy in West Java Province. With the theory of policy implementation and democratization, data obtains that the element of democratic spirit in the implementation of public information policy in the government of West Java is quite thick. Therefore, there must be a massification of the implementation of the law in West Java, especially its socialization to districts/cities and society in general. It was found that the democratization of the West Java Provincial Government in implementing the Act has been well received in the community. However, the lack of publicity about this Law can reduce the strength of moral messages that exist in the law to the public.

Risk regulation and deliberation in EU administrative governance: GMO regulation and its reform

NARCIS (Netherlands)

Weimer, M.

2015-01-01

The article analyses the problems of EU risk regulation of genetically modified organisms (GMOs) through the lens of deliberative theories of EU law and governance, such as deliberative supranationalism and experimentalist governance. Previous research had suggested that the GMO issue is not

First law of entanglement rates from holography

Science.gov (United States)

O'Bannon, Andy; Probst, Jonas; Rodgers, Ronnie; Uhlemann, Christoph F.

2017-09-01

For a perturbation of the state of a conformal field theory (CFT), the response of the entanglement entropy is governed by the so-called "first law" of entanglement entropy, in which the change in entanglement entropy is proportional to the change in energy. Whether such a first law holds for other types of perturbations, such as a change to the CFT Lagrangian, remains an open question. We use holography to study the evolution in time t of entanglement entropy for a CFT driven by a t -linear source for a conserved U (1 ) current or marginal scalar operator. We find that although the usual first law of entanglement entropy may be violated, a first law for the rates of change of entanglement entropy and energy still holds. More generally, we prove that this first law for rates holds in holography for any asymptotically (d +1 )-dimensional anti-de Sitter metric perturbation whose t dependence first appears at order zd in the Fefferman-Graham expansion about the boundary at z =0 .

Italian energy conservation laws: Implementation problems

International Nuclear Information System (INIS)

Anon.

1993-01-01

Italian energy conservation Law No. 9 was designed to reduce Italy's worrisome 82% dependency on foreign energy supplies by encouraging the development and use of renewable energy sources, fuel diversification and auto-production/cogeneration by private industry. Law No. 10 was intended to promote energy conservation initiatives especially with regard to the efficient use of energy for space heating in public buildings. Both of these legal incentives have encountered great difficulties in implementation due to the inability of the Government to provide the necessary timely and sufficient start-up funds, as well as, due to the excessive bureaucratism that was built into the administrative procedures

The law for the Independent Administrative Institution Japan Atomic Energy Agency

International Nuclear Information System (INIS)

2005-07-01

The Law no.155 of 3 Dec. 2004(the latest revision, Law no.87 of 26 July 2005) is the law to define the objective, scope of activities, etc. of the independent administrative institution Japan Atomic Energy Agency. The agency is established under the atomic energy basic law to make comprehensive research and development associated with nuclear energy and establishment of nuclear fuel cycle and to contribute to promote research, development and utilization of it. The agency has its main office in Ibaraki prefecture and its capital is the amount of contributions by the government and persons other than the government. The officers are consisted of a president, an executive vice president, less than 7 executive directors and 2 auditors. The president is appointed by the Minister of Ministry of Education, Culture, Sports, Science and Technology with the consent of the atomic energy commission. The term of the president is from the day of the appointment to the end of midterm goal period and that of auditors is 2 years. Activities of the agency include basic and application research of nuclear energy, technical establishment of nuclear fuel cycle (R and D of Fast Breeder Reactor, nuclear fuel for FBR, reprocessing and treatment and disposal of HLW), promotion of application of R and D results of above areas, utilization sharing of facility and equipment, human resource development of nuclear energy field, collection, arrangement and dissemination of nuclear information and study and analysis requested by the government. (T. Tanaka)

How the economic crisis in Greece affected the steps in applying e-government at the first degree self government of Greece

Directory of Open Access Journals (Sweden)

Dimitrios S. Goulas

2013-12-01

Full Text Available Greece, in the frame of appliance of e-Government, the last years has made significant steps which have changed the way its public services work and especially the local self government, which is represented by municipalities. Many countries, not only in the European Union but also throughout the world, are adopting decentralization reforms in order to empower local communities. In Greece specially, the economic crisis that started from 2009, gave one extra motivation to use decentralization to make local self government more efficient. Decentralization is the process of transferring authority, responsibility and accountability from central to local governments. To accomplish this, Greek government applied the Law 3852 «Kallikratis plan», instituted in 2010, reforming the local self administration and its duties. The purpose of this paper is to present the consequences of this change to the e-government steps that were done before «Kallikratis plan».

Multi-stakeholder design of forest governance and accountability arrangements in Equator province, Democratic Republic of Congo

NARCIS (Netherlands)

Klaver, D.C.

2009-01-01

Good forest governance is an increasingly important topic for stakeholders in many different settings around the world. Two of the best-known international initiatives to improve forest governance are the regional Forest Law Enforcement and Governance (FLEG) ministerial processes supported by the

The reform of the italian regionalism and the impact on the government of the energy

International Nuclear Information System (INIS)

Spagnolo, Marcella

2006-01-01

The actual distribution of powers about energy is more discussed after the reform of the art. 117 of the constitution. In front of a contradiction in terms, the government is been obliged to take some emergency solutions, that are witnessed by the reiterated petition to the urgent decree. It was a question of some measures justified, about the matter, from several points of view but they risked cracking seriously the relation between state and regions. The system of energy has naturally and objectively a national configuration and so people demand how the decentralization politics of the competencies has to be interpreted, that was introduced by the reform of title 5. of the constitution. The art. 117 of the Constitution implies the energy among the subjects of competing law, and let the State to determinate the basic principles, in order to ensure the basic homogeneity of the subject. The limits of such regional power are: 1) the limit of national interest (disappeared from the literal diction of the art. 117, but there are debates above its survival; 2) the basic principles role; 3) the normative settlement and the admissibility of 'accomodating' state detail norms in the subordinate matters to the competing legislative power. Even if in the Constitutional text does not exist any longer national interest just like a 'passe-par tout' to limit and coerce the regional interventions, this does not mean that national interest are disappeared: national interest has one of its substantial variability and only the State can be its interpreter, as only representative of the joint republican interest. The Consulta has recently asserted that if on one hand the Constitution has moved the centre of the legislative power in aid of the districts, on the other has strengthened the role and the importance of the basic principles; at least, it has done it for the subjects of competing law. In fact, someone confirmed that the principles may be deducible without an explicit

SUSTAINABLE CULTURAL DEVELOPMENT: THE FATE OF BALINESE ADAT VILLAGE POSTERIOR THE ENACTMENT OF LAW NUMBER 6 YEAR 2014 CONCERNING VILLAGE

Directory of Open Access Journals (Sweden)

I Nyoman Nurjaya

2015-09-01

Full Text Available The recognition of indigenous peoples existence is very dependent on the will of the Government. The village government as formulated in Act number 6/2014 of the village, as well as Government Regulation number 43/2014 about Implementation of the Act number 6/2014 has naturally become a bureaucratic and legal officials law, that the village is set in the system of local government under the supervision of State law. In the case of Bali and the local Government of Bali, there is legal consequences with the fate and the future existence and life of indigenous village/pakraman village as a social and cultural system of the Hindu society, it is the law on the development basis of the indigenous village/pakraman village will not remain be ”the awig-awig” as Balinese traditional society customary law; philosophy and the essence, function and role of the indigenous village/pakraman village changed physically as well as community life of Balinese people loss; traditional customs and Government system should be changed in accordance with the system of the village Government; on one side the customs affairs village should organize pakraman village administration and bureaucracy under the structure of local governments, and on the other hand the indigenous village is at the same time responsible to organize and responsible about the culture, traditions, customs and ritual as Hindu affairs, village understanding of pakraman village customs and traditions should be completely ignored in Balinese village daily community life.

Comparison of Cardiovascular Risk Screening Methods and Mortality Data among Hungarian Primary Care Population: Preliminary Results of the First Government-Financed Managed Care Program.

Science.gov (United States)

Móczár, Csaba; Rurik, Imre

2015-09-01

Besides participation in the primary prevention, screening as secondary prevention is an important requirement for primary care services. The effect of this work is influenced by the characteristics of individual primary care practices and doctors' screening habits, as well as by the regulation of screening processes and available financial resources. Between 1999 and 2009, a managed care program was introduced and carried out in Hungary, financed by the government. This financial support and motivation gave the opportunity to increase the number of screenings. 4,462 patients of 40 primary care practices were screened on the basis of SCORE risk assessment. The results of the screening were compared on the basis of two groups of patients, namely: those who had been pre-screened (pre-screening method) for known risk factors in their medical history (smoking, BMI, age, family cardiovascular history), and those randomly screened. The authors also compared the mortality data of participating primary care practices with the regional and national data. The average score was significantly higher in the pre-screened group of patients, regardless of whether the risk factors were considered one by one or in combination. Mortality was significantly lower in the participating primary practices than had been expected on the basis of the national mortality data. This government-financed program was a big step forward to establish a proper screening method within Hungarian primary care. Performing cardiovascular screening of a selected target group is presumably more appropriate than screening within a randomly selected population. Both methods resulted in a visible improvement in regional mortality data, though it is very likely that with pre-screening a more cost-effective selection for screening may be obtained.

Metagoverning Collaborative Innovation in Governance Networks

DEFF Research Database (Denmark)

Sørensen, Eva; Torfing, Jacob

2017-01-01

, the current wave of New Public Governance reforms perceives collaboration between relevant and affected actors from the public and private sector as the primary vehicle of public innovation, and tends to see governance networks as potential arenas for collaborative innovation. The new focus on collaborative...... innovation in networks poses a fundamental challenge for public managers, elected politicians, and others aiming to metagovern governance networks. Hence, we claim that a specific metagovernance strategy is needed when the purpose of governance networks is to stimulate efficiency, effectiveness...

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

International Nuclear Information System (INIS)

Kuehne, G.

2000-01-01

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

European atomic (nuclear) law and Austria

International Nuclear Information System (INIS)

Heitzinger, R.

2000-05-01

The dissertation investigates the question, how the Austrian membership in the European Community works out to the Austrian Atomic Nonproliferation Law, which is a simple federal law. By the day of the Austrian accession to the European Community, the whole law of the European Community became part of the Austrian Legal Order. Also part of the primary right, the constitutional law of the European Community, is the contract for founding the European Atomic Energy Community, which also became part of the Austrian Legal Order. In 1978 Austria decided after the plebiscite of November the 5th against the opening of the nuclear power station in Zwentendorf. The result of this plebiscite was the Austrian Atomic Nonproliferation Law, a simple federal law from December the 15th, BGBl 676/1978. To continue their atomic politics, forbidding the use of nuclear powerstations for producing energy, after becoming a member of the European Community, Austria and the members of the European Community signed the Fourth Common Declaration at September the 23rd in 1993 for the use of the contract for founding the European Atomic Energy Community. This Common Declaration is neither a part of the accession of the contract, nor a part of the accessions to the acts of the contract of the European Community, and also not a part of the primary right of the European Community. It is only an agreement between the signatory states, which can be characterized as a part of the context. The sphere of the context, where the Fourth Common Declaration could be important, restrains to the secondary right of the European Community. This means, that the opinion on the rage of application is a decision of the executive bodies of the European Community. Consequently is to say, that the declaration, that the continuance of the Austrian Atomic Nonproliferation Law is save, can't resist an analysis in the law of nations. (author)

Environmental sustainability versus economic interests: a search for good governance in a macroeconomic perspective

Directory of Open Access Journals (Sweden)

Karolina Stecyk

2017-12-01

Full Text Available Finding the proper balance between economic benefit and sustainable development has been an issue for many local governments, especially in the regions that depend strongly on natural resources. One of Canada’s largest contributors to environmental degradation is the oil sands in Alberta. The degradation occurs on land, in water, and in the air as a result of oil extraction and tailings ponds. The purpose of the paper is to argue that although the government of the province of Alberta and the federal government have developed legislation including licensing and policies (frameworks and directives to reduce and prevent environmental degradation, they fail to ensure compliance with the legislation and policies because the governments prefer economic gain to environmental sustainability. The lack of strong compliance enforcement suggests a lack of effectiveness and efficiency. Subsequently, a failure in the rule of law occurs because oil corporations, due to their economic impact, are treated as above the law. The bias for the corporation over the environment hinders good governance. Overall, both governments find balancing protecting the environment and gaining financial benefits challenging.

A comprehensive review of state laws governing Internet and other delivery sales of cigarettes in the United States.

Science.gov (United States)

Chriqui, Jamie F; Ribisl, Kurt M; Wallace, Raedell M; Williams, Rebecca S; O'Connor, Jean C; el Arculli, Regina

2008-02-01

All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail-order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (a) document the historical enactment of the laws; (b) assess the nature and extent of the laws; and (c) examine the relationship between the presence of laws and state tobacco control policy and other contextual variables. Between 1992 and 2006, 34 states (67%) enacted a relevant law, with 27 states' laws (45%) effective between 2003 and 2006. Five states banned direct-to-consumer shipment of cigarettes. The remaining 29 states' laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws have stronger youth tobacco access policies and state tobacco control environments, as well as higher state cigarette excise tax rates and revenue, past-month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion.

Recent developments in 1985 in the field of atomic energy law and radiation protection law

International Nuclear Information System (INIS)

Ziegler, E.

1986-01-01

The paper reviews the amendments made and those that are in preparation, as e.g. an amendment of the Radiation Protection Ordinance, of the Nuclear Installations Ordinance, and supplementing provisions to the Nuclear Financial Security Ordinance that had to be made in the wake of the new nuclear liability provisions. Further activities reported include those of the German Bundestag, particularly in the field of advanced reactors, nuclear fuel reprocessing, and waste management. As to the application of the law, the author discusses the executive - Federal Government and Laender Governments - and the judiciary, and principle decisions of the Federal Administrative Court concerning concept outline licences and the obligation to take precautionary measures for prevention of damage. (HSCH) [de

The Wagner’s Law: Time Series Evidence for Turkey, 1960-2006 The Wagner’s Law: Time Series Evidence for Turkey, 1960-2006 = Wagner Yasası: Türkiye Örneği, 1960-2006

Directory of Open Access Journals (Sweden)

Özlem TAŞSEVEN

2011-08-01

Full Text Available In this paper the Wagner’s Law for Turkey for the period 1960-2006 is analyzed. Wagner’s law investigates whether there is a long run relationship between government expenditures and the gross national product of a country. The paper uses modern time-series econometric techniques to test the validity of law’s proposition. Cointegration analysis is used to test the validity of the Wagner’s law. Our results suggest that Wagner’s law is validated for two formulations using the definition given by Florio & Colutti (2005 according to the elasticity measures for the period under consideration. In this paper the Toda-Yamamoto tests of Granger causality, short and long run properties of the model within an error correction model are examined. Estimated error correction models indicate that the Granger-causality between government expenditures and gross domestic product is bi-directional in the long run.

Does Good Governance Mediate Relationship Between E-Government and Public Trust in Lebanon?

OpenAIRE

Alaaraj, Hassan; Hassan, Sallahudin

2016-01-01

The main objective of this research is to study the mediating effect of good governance on the relationship between e-government practices and public trust in Lebanon. Based on extensive literature review and conceptual background including the theories of institutional-based trust and the diffusion of innovation, the theoretical research framework was developed. Primary data was collected using survey involving 400 Lebanese employees from different small and medium enterprises in Beirut. The...

The development of the profile of the teacherpreneur through the Primary education degree curriculum: a trendy concept or a reality?

Directory of Open Access Journals (Sweden)

Arantza Arruti Gómez

2015-05-01

Full Text Available In the following article we will delve into the concept teacherpreneur. We will analyze it from the perspective of primary school teachers’ profile. We will particularly take into account the curriculum of the future Primary teachers’ degree. We will start stressing the importance of entrepreneurship and entrepreneurship education. After that we will indicate the characteristics and competencies of teacherpreneur; those which are underlined by the European Commission as well as those demanded by the laws and decrees that govern our education system. The article ends with a series of recommendations concerning the competencies that future Primary Education teachers should develop during their studies (Degree of Primary Education in order to develop the entrepreneurial competence. Doubtlessly, a competence of a teacherpreneur itself, the person who will be the facilitator and guide of future entrepreneurs generations.

The national law on nuclear activity: some consequences

International Nuclear Information System (INIS)

Gonzalez Acosta, G.

1997-01-01

This article describes the contents of the new National Law on Nuclear Activities of the Argentine Republic, analysing the functions of the National Atomic Energy Commission (CNEA), the Nuclear Regulatory Authority (ARN) (former National Board of Nuclear Regulation -ENREN) and the privatisation of the nuclear power generation performed by the enterprise Nucleoelectrica Argentina S.A. (NASA). It also includes some comments about political and legislative records of the Law in the framework of the Nation's reorganization undertaken by the National Government for the privatisation of the rendering of public services, such as the production of energy and related activities. The Law was approved by Law 24.804 of April 2, 1997, and published in the Official Bulletin of the Argentine Republic on April 25, 1997. In accordance with the provisions of this Law, the National Government, through the above mentioned organisations, will fix the nuclear policy and the functions of research, development, surveillance and control of the nuclear activity. Also, as part of the execution of the nuclear policy, all the obligations accepted by Argentina as signatory party to the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Tlatelolco Treaty), the Treaty on Non-Proliferation of Nuclear Weapons (TNP), the Agreement between the Argentine Republic and the Federative Republic of Brazil through the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials (ABACC) and the International Atomic Energy Agency (IAEA) to enforce Safeguards, in addition to the commitments signed by Argentina as a member of the Suppliers Group and the National Control System for Sensitive Exports, shall be met [es

Minimum scaling laws in tokamaks

International Nuclear Information System (INIS)

Zhang, Y.Z.; Mahajan, S.M.

1986-10-01

Scaling laws governing anomalous electron transport in tokamaks with ohmic and/or auxiliary heating are derived using renormalized Vlasov-Ampere equations for low frequency electromagnetic microturbulence. It is also shown that for pure auxiliary heating (or when auxiliary heating power far exceeds the ohmic power), the energy confinement time scales as tau/sub E/ ∼ P/sub inj//sup -1/3/, where P/sub inj/ is the injected power

Law in Transition Biblioessay: Globalization, Human Rights, Environment, Technology

Directory of Open Access Journals (Sweden)

Michael Marien

2012-04-01

Full Text Available As globalization continues, many transformations in international and domestic laws areunderway or called for. There are too many laws and too few, too much law that is inadequateor obsolete, and too much law-breaking. This biblioessay covers some 100 recentbooks, nearly all recently published, arranged in four categories. 1 International Lawincludes six overviews/textbooks on comparative law, laws related to warfare and security,pushback against demands of globalization, and gender perspectives; 2 Human Rightsencompasses general overviews and normative visions, several books on how some statesviolate human rights, five items on how good laws can end poverty and promote prosperity,and laws regulating working conditions and health rights; 3 Environment/Resources coversgrowth of international environmental law, visions of law for a better environmental future,laws to govern genetic resources and increasingly stressed water resources, two books onprospects for climate change liability, and items on toxic hazards and problems of compliance;4 Technology, Etc. identifies eight books on global crime and the failed war on drugs,books on the response to terrorism and guarding privacy and mobility in our high-tech age,seven books on how infotech is changing law and legal processes while raising intellectualproperty questions, biomedical technologies and the law, and general views on the need forupdated laws and constitutions. In sum, this essay suggests the need for deeper and timelyanalysis of the many books on changes in law.

Compliance management and corporate governance; Compliance Management und Corporate Governance

Energy Technology Data Exchange (ETDEWEB)

Becker, Uwe [Stadt Frankfurt am Main (Germany); Alsheimer, Constantin; Kassebohm, Kristian; Reutler, Susanne [Mainova AG, Frankfurt (Germany)

2009-08-15

Starting in the year 2009, numerous changes in the financial system and accountancy a well as in the corporate law come into effect for enterprises. Thereby, the requirements substantially are intensified to their corporate governance. The actual well-known reproaches of bribery, corruption and injuries of data protection intensify the pressure on executive committees and supervisory boards in order to meet normative and ethical requirements. All the more is valid for power suppliers whose reputation can already carry damage out with the first suspicion. Already in 2008, Mainova AG (Frnkfurt/Main, Federal Republic of Germany) implemented a compliance management.

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

Directory of Open Access Journals (Sweden)

Teresa Thorp

2012-11-01

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

Studying Executive Barriers on Rationalizing the Size of Iranian Government

Directory of Open Access Journals (Sweden)

Mohammad Hussein Rahmati

2012-01-01

Full Text Available To rationalize the size of government, Act on adjusting a part of government‟s financial rules is approved and the government is obliged to assign a part of its activities through (1 services by nonpublic sector, (2 partnership with nonpublic sector, and (3 assigning the management to nonpublic sector. There are many barriers in executing this law. The present study derived from a field study tries to provide a report on the performance of various organs in Qom province on executing this law and identifies the executive barriers and provides practical proposals to remove them.Overall, seventeen organs in Qom are subjected to this law of which five organs are selected as our sample. In this respect, different documents were studied, ten interviews were conducted and one hundred and four executive barriers and forty seven operational proposals including twenty three barriers and eleven proposals in organization and structure area, sixteen barriers and five proposals in administrative technology and working processes area, thirty two barriers and twelve proposals in human resources area, twenty one barriers and eight proposals in laws and regulations area and twelve barriers and eleven proposals in management area have been analyzed and summarized regarding their contents.

The Voice of the Law in Transition

Directory of Open Access Journals (Sweden)

Rafiqa Qurrata A'yun

2015-08-01

Full Text Available It is no doubt that the law has a tight relation with the language. We can see how language works in law since it comes from the idea, being enacted, and enforced. That is why language has a significant role along the legal process. This article will review the book written by Ab Massier which assumes at least three aspect of linguistic job in law: doing law is acting by means of language into a lingual activity, which is based on texts, and is resulting in texts. The main issue in this book is based on the problems of Indonesian language of the law which has replaced the Dutch language. Massier criticize instrumental approach to language and the impact of Dutch in Indonesian law language. His analysis refers to James Boyd White's statement about a translation of authoritative texts as the primary feature to define law itself. It is the perspective of doing law as a lingual activity that consists of communicating, speaking, and writing. Almost all legal processes produce texts, and therefore the text means the authority of the law.

Brexit and government procurement

OpenAIRE

Dawar, Kamala

2017-01-01

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

OPTIMALISASI BANK SYARI’AH MENUJU GOOD CORPORATE GOVERNANCE

Directory of Open Access Journals (Sweden)

Fahrur Ulum Fahrur Ulum

2013-08-01

Full Text Available Abstract: Syarî’ah banking must be optimized earnestly to fulfill the stakeholders interest. The effective implementation of cooporate governance would realize the goal of fairness, accountability, and transparancy.  There are several prior focus of this system manager: basic concept and problems of cooperate governance in syarî’ah banking, the pillars of implementation, and the mechanism.  As a result, to create an effective  cooperate governance of syariah banking, the following aspects must be urgently required: a contract clarity, market discipline, moral dimension, socio-political atmosphere,  law enforcement, and institution. Board of directors, senior management, stockholders, and depositors have important roles to establish the  harmony of syariah banking development. The stakeholders  are directly connected to the mechanism of cooperate governance of syariah banking. Key Words: corporate governance, bank syari’ah, stakeholders, dan mudlârabah

The principle of proportionality and European contract law

NARCIS (Netherlands)

Cauffman, C.; Rutgers, J.; Sirena, P.

2015-01-01

The paper investigates the role of the principle of proportionality within contract law, in balancing the rights and obligations of the contracting parties. It illustrates that the principle of proportionality is one of the general principles which govern contractual relations, and as such it is an

Space Law and China

Science.gov (United States)

Tronchetti, Fabio

2017-08-01

Over the past few years, China has made remarkable achievements in the space sector and become one of the most relevant players in the outer space domain. Highlights of this process have been the deployment in orbit of the first Chinese space station, Tiangong-1, on September 29, 2011; and the landing of the Yutu rover on the lunar surface on December 14, 2013. While technological developments have occurred at such a rapid pace, the same cannot be said of the regulatory framework governing Chinese space activities, which still lays at its infant stage. Indeed, unlike other major space-faring countries, China lacks comprehensive and uniform national space legislation; as of now, China has enacted two low-level administrative regulations addressing the issues of launching and registration of space objects. With the growth of the Chinese space program, such a lack of a structured national space law is beginning to show its limits and to create concerns about its negative impact on business opportunities and the ability of China to fully comply with international obligations. One should keep in mind that the international space treaties (China is part to four international space law treaties) are not self-executing, thus requiring States to adopt domestic measures to ensure their effective implementation. Importantly, Chinese authorities appear to be aware of these issues; as stated by the secretary-general of the Chinese National Space Administration (CNSA) in 2014, national space law has been listed in the national legislation plan and the CNSA is directly engaged in such a process. However, questions remain as to how this drafting process will be conducted and what legal form and content the law will have. For example, China could either decide to proceed with a gradual approach, consisting in the adoption of laws addressing selected issues to be eventually assembled into one single law; or to directly move to the adoption of one comprehensive law. In any case, if

Governing China’s food quality through transparency: A review

NARCIS (Netherlands)

Mol, A.P.J.

2014-01-01

In coping with food quality problems, China relies heavily on state institutions, such as laws and regulations, governmental standards and certification, and inspections and enforcement. Recently, transparency (or information disclosure) has been introduced in China’s governance framework to cope

Outstanding Questions In First Amendment Law Related To Food Labeling Disclosure Requirements For Health.

Science.gov (United States)

Pomeranz, Jennifer L

2015-11-01

The federal and state governments are increasingly focusing on food labeling as a method to support good health. Many such laws are opposed by the food industry and may be challenged in court, raising the question of what is legally feasible. This article analyzes outstanding questions in First Amendment law related to commercial disclosure requirements and conducts legal analysis and policy evaluation for three current policies. These include the Food and Drug Administration's draft regulation requiring an added sugar disclosure on the Nutrition Facts panel, California's proposed sugar-sweetened beverage safety warning label bill, and Vermont's law requiring labels of genetically engineered food to disclose this information. I recommend several methods for policy makers to enact food labeling laws within First Amendment parameters, including imposing factual commercial disclosure requirements, disclosing the government entity issuing a warning, collecting evidence, and identifying legitimate governmental interests. Project HOPE—The People-to-People Health Foundation, Inc.

Governance structures impact on eHealth

DEFF Research Database (Denmark)

Kierkegaard, Patrick

2015-01-01

Background National eHealth implementation efforts need to move beyond the scope of making technology the primary focus and instead consider the broader spectrum of influences that can either hinder or facilitate eHealth adoption such as governance structures and policies. In this study, Denmark...... serves as an ideal candidate for further examination due to the country׳s rich history of intertwining events that have played an important role in the dynamic relationship between governance and eHealth success and failures. Methods A case study approach was used to gather a combination of primary...... and secondary data sources. All data collection was carried out through desk-research. Data collection relied on performing an extensive search of literature for relevant studies using combinations of keywords that reflected eHealth and governance-related topics. Inclusion and exclusion criteria׳s were applied...

Mature e-Government based on spatial data

DEFF Research Database (Denmark)

Hvingel, Line; Baaner, Lasse; Schrøder, Lise

2014-01-01

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

No. 614 law project relative to the energy sector

International Nuclear Information System (INIS)

2006-11-01

This law project concerns the market opening and the free choice of the consumers, the dispositions relative to the electricity and gas distribution and the dispositions relative to the Gaz De France capital and the government control. (A.L.B.)

Governance for Urban Health Equity: Mobilizing Demand for Primary ...

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

Home · What we do ... New research will identify opportunities to improve health care for the urban poor and involve communities ... Addressing this governance crisis will be paramount to improving service delivery for slum residents and to ...

A developmental perspective on the ideal of reason in American constitutional law.

Science.gov (United States)

Dailey, Anne C

2005-01-01

The ideal of reason is central to contemporary accounts of citizenship in American constitutional law. The individual capacity for reasoned choice lies closely aligned with the constitutional values of personal liberty and democratic self-government as they have evolved in Supreme Court decisions over the past century. Yet as presently conceived, the ideal of reason in constitutional law overlooks the process by which individuals actually acquire the capacity to choose their own values and commitments or to engage in reasoned thinking about collective ends. This paper argues that we cannot hope to sustain and foster a constitutional polity committed to the principles of individual liberty and democratic self-government without knowing something about how individual citizens come to possess this requisite skill of mind. A developmental perspective on reason in constitutional law provides a framework for examining the source and contours of the psychological skills that make it possible to lead an autonomous, self-directed life and to participate meaningfully in the processes of democratic self-government. Developmental psychology, together with research in related fields, provides empirical support for the proposition that the psychological capacity for reasoned thinking has its roots in the early caregiving relationship. Thus, a comprehensive and integrated constitutional family law must recognize the role of early caregiving in the political socialization of children. This developmental approach offers a substantial reworking of constitutional doctrine in the areas of family privacy, parental rights, congressional power, and affirmative welfare rights.

Environmental impact assessment of projects in the People's Republic of China: new law, old problems

International Nuclear Information System (INIS)

Wang Yan; Morgan, Richard K.; Cashmore, Mat

2003-01-01

After more than 20 years of experience with environmental impact assessment (EIA), the government of the People's Republic of China is set to introduce a new EIA Law, in September 2003, in which strategic environmental assessment (SEA) complements the current project-oriented EIA process. In general, the new law does not attempt to modify the existing EIA system in any radical ways, suggesting that the government consider current practices satisfactory. In order to assess the likely prospects of the new EIA Law for project-level EIA, this paper presents an evaluation of the current EIA process in China, first, establishing the historical context of the current process and, second, considering the main issues and concerns relating to the institutional and procedural arrangements, and practical implementation of the process. The main problems highlighted are as follows: the narrow historic focus on pollution of air, water and soil, at the expense of the consideration of wider environmental, social and health impacts; environmental protection agencies being funded by development-oriented local government administrations; the lack of consideration of alternatives in EIA processes; and the lack of effective public participation. More specific procedural issues are also discussed. On the basis of this analysis, we make recommendations for improving the effectiveness of EIA at the project level. The introduction of SEA in the new law marks a real step forward for EIA in China, although it appears to exclude central government policies, and there are improved provisions for public participation. However, the prospects for EIA in China will remain mixed as long as the new law leaves project-level EIA largely unchanged

Gender and Governance in Conflict Zones: A South Asian Perspective

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

... zones across South Asia, including laws that perpetuate a culture of impunity and ... women face when trying to influence governance practices in conflict zones: ... the media, non-governmental organizations, and others in three workshops ...

Role of Public Archivists and Records Managers in Governance and ...

African Journals Online (AJOL)

Role of Public Archivists and Records Managers in Governance and Local ... and Southern Africa Regional Branch of the International Council on Archives ... accountability, respect for the rule of law and citizens' rights could be gauged.

The pro-heroin effects of anti-opium laws in Asia.

Science.gov (United States)

Westermeyer, J

1976-09-01

Over 25 years anti-opium laws were enacted by three Asian governments in countries where opium use was traditional. Within months, heroin use suddenly appeared; and within a decade, heroin addiction surpassed opium addiction. The laws led to (1) increased price of narcotic drugs, (2) a heroin "industry," (3) corruption of the law enforcement system, and (4) major health problems involving parenteral drug use. The Asian experience indicates that antinarcotic laws can be effective only with careful preparations: (1) changing society's attitude toward the traditional drug from ambivalence to opposition; (2) mobilizing resources to treat and rehabilitate all addicts within a short period of time; (3) developing the social will to incarcerate all "recidivist" addicts for a prolonged period; and (4) preventing narcotic production or importation.

Governance, Government, and the Search for New Provider Models

Directory of Open Access Journals (Sweden)

Richard B. Saltman

2016-01-01

Full Text Available A central problem in designing effective models of provider governance in health systems has been to ensure an appropriate balance between the concerns of public sector and/or government decision-makers, on the one hand, and of non-governmental health services actors in civil society and private life, on the other. In tax-funded European health systems up to the 1980s, the state and other public sector decision-makers played a dominant role over health service provision, typically operating hospitals through national or regional governments on a command-and-control basis. In a number of countries, however, this state role has started to change, with governments first stepping out of direct service provision and now de facto pushed to focus more on steering provider organizations rather than on direct public management. In this new approach to provider governance, the state has pulled back into a regulatory role that introduces market-like incentives and management structures, which then apply to both public and private sector providers alike. This article examines some of the main operational complexities in implementing this new governance reality/strategy, specifically from a service provision (as opposed to mostly a financing or even regulatory perspective. After briefly reviewing some of the key theoretical dilemmas, the paper presents two case studies where this new approach was put into practice: primary care in Sweden and hospitals in Spain. The article concludes that good governance today needs to reflect practical operational realities if it is to have the desired effect on health sector reform outcome.

Governance, Government, and the Search for New Provider Models.

Science.gov (United States)

Saltman, Richard B; Duran, Antonio

2015-11-03

A central problem in designing effective models of provider governance in health systems has been to ensure an appropriate balance between the concerns of public sector and/or government decision-makers, on the one hand, and of non-governmental health services actors in civil society and private life, on the other. In tax-funded European health systems up to the 1980s, the state and other public sector decision-makers played a dominant role over health service provision, typically operating hospitals through national or regional governments on a command-and-control basis. In a number of countries, however, this state role has started to change, with governments first stepping out of direct service provision and now de facto pushed to focus more on steering provider organizations rather than on direct public management. In this new approach to provider governance, the state has pulled back into a regulatory role that introduces market-like incentives and management structures, which then apply to both public and private sector providers alike. This article examines some of the main operational complexities in implementing this new governance reality/strategy, specifically from a service provision (as opposed to mostly a financing or even regulatory) perspective. After briefly reviewing some of the key theoretical dilemmas, the paper presents two case studies where this new approach was put into practice: primary care in Sweden and hospitals in Spain. The article concludes that good governance today needs to reflect practical operational realities if it is to have the desired effect on health sector reform outcome. © 2016 by Kerman University of Medical Sciences.

WHAT GOOD CORPORATE GOVERNANCE PRACTICES CANTURKEY LEARN FROM THE UK?

Directory of Open Access Journals (Sweden)

Irem Tore

2012-07-01

Full Text Available Globalization has led to an increase in opportunities to make foreign investments.However, some developing countries, such as Turkey, cannot fully benefit fromforeign investment. One of the reasons for this is ineffective application ofcorporate governance. In fact, Turkey can learn a lot from the good practices ofdeveloped countries. For instance, the UK has a well established corporategovernance framework. First of all, Turkey needs to follow the UK’s example inrespect of rule making and law enforcement. As a result, principles and theimplementations of principles in Turkey would be more efficient.The principal aim of the paper is to discuss the corporate governanceimplementation in Turkey and offer some recommendations for improvement.The problems of Turkish Corporate Governance occur because of the ownershipstructure of Turkish companies, which is mainly family ownership. Theseproblems will be discussed in this paper. Later UK arrangements will beexamined and later the following conclusions will be drawn; revising the codes isnot done regularly enough in Turkey which inhibits the revision of its codes.Moreover law enforcement is not effective. Besides, ownership structure is notsuitable for corporate governance.

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

Changing Law and Ownership Patterns in Germany

DEFF Research Database (Denmark)

Ringe, Wolf-Georg

: German banks divested their equity stakes mainly as a consequence of increased international competition. The paper extends the model of market-led change by two important observations: first, market pressure is not the only driver of legal change, but the law itself in this case contributed...... to facilitating competition. Notably, a taxation law reform enabled and accelerated the competition process already underway. Legal rules and market competition may thus be understood as not operating in isolation, but as forces that can be working in dialog. Secondly, the paper highlights the importance......German corporate governance and corporate law are currently undergoing a major change. The old “Deutschland AG”, a nationwide network of firms, banks, and directors, is eroding, ownership is diffusing and the shareholder body is becoming more international than ever. This paper presents new data...

The Government and Administration of Africa, 1880–1939. 5 Volumes

DEFF Research Database (Denmark)

, administration of natural resources, non-state administration including chartered company administration and missionary influence, recruitment, training and shifting philosophies of administration. Titles of volumes: I: Recruitment and Training II: Governance and Law III: Taxation and Expenditure IV......In pursuit of economic and strategic interests in Africa the British established a wide range of administrative structures and forms of governance based on state as well as non-state institutions and agents. This collection makes available rare sources on the aims, functions and effects of British...... administration in Africa. It explores the continuous interplay between mother country and colonial state that shaped the administration and its subsequent influence on African societies and European settler communities. Topics examined include: land and urban administration, law and jurisprudence, taxation...

Risk management and corporate governance performance ...

African Journals Online (AJOL)

The study examines the relative effect of risk management and corporate governance on bank performance in Nigeria. The study utilizes both primary and secondary data. The primary data were collected using structured questionnaire that were administered in Four-hundred and eighty (480) employees of Wema Bank Plc ...

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

OpenAIRE

Turner, Stephen J.

2017-01-01

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

FLEGT beyond T : exploring the meaning of 'Governance' concepts for the FLEGT process

NARCIS (Netherlands)

Bodegom, van A.J.; Klaver, D.C.; Schoubroeck, van F.H.J.; Valk, van der O.M.C.

2008-01-01

The FLEGT process is about the EU action plan on Forest Law Enforcement, Governance and Trade. This study focuses on the Governance aspects of FLEGT and was commissioned by the Ministry of Agriculture, Nature ad Food Quality of The Netherlands. There is a need to gain more insight into the

THE APLICATION OF ISLAMIC LAW IN INDONESIA: The Case Study in Aceh

Directory of Open Access Journals (Sweden)

Kamaruzzaman Bustamam-Ahmad

2007-06-01

Full Text Available This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial government tends to put heavy emphasis on symbolic religious issues (such as the Islamic dress code and the usage of Arabic signs and letterheads, rather than the substance of Islamic law such as justice and prosperity for all. Finally, the study has made evident that implementing Islamic law is never a good method of attempting to resolve conflict. There is no need to establish Islamic law formally through the political process because, when politics enters in religious arena, it carries with it many interests.

The ebola crisis : challenges for global health law

NARCIS (Netherlands)

Toebes, Brigit

2015-01-01

he recent Ebola crisis has caused approximately 20.000 deaths so far. Compared to other global health crises, including the deaths caused by armed conflicts and chronic diseases, this is still a small amount. Yet, from a global and domestic health law and governance perspective, this crisis raises a

Radiation protection law

International Nuclear Information System (INIS)

Hebert, J.

1981-01-01

This article first reviews the general radiation protection law at international and national level, with particular reference to the recommendations of the International Commission on Radiological Protection (ICRP) which, although not mandatory, are nevertheless taken into consideration by international organisations establishing basic radiation protection standards such as the UN, IAEA, NEA and Euratom, at Community level, and by national legislation. These standards are therefore remarkably harmonized. Radiation protection rule applied in France for the different activities and uses of radioactive substances are then described, and finally, a description is given of the regulations governing artificial radioisotopes and radioactive effluents. (NEA) [fr

Smoke-free laws and direct democracy initiatives on smoking bans in Germany: a systematic review and quantitative assessment.

Science.gov (United States)

Kohler, Stefan; Minkner, Philipp

2014-01-03

Germany's 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens' or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman's ρ = 0.51, p = 0.04). The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions.

How to study the history of European law?

DEFF Research Database (Denmark)

Rasmussen, Morten

This paper has a double purpose. On the one hand, it offers a new history, based on recently discovered primary sources, of the driving forces behind the so-called ‘constitutionalisation’ of European law taking place in 1963-64. On the other hand, it uses the lessons of this new history to reflect...... on how a general history of European law should be written and in particular how to avoid the pitfalls that characterises mainstream research on European law. In the first part it is argued that the ‘constitutionalisation’ of European law was promoted by a broad coalition beyond the Court of Justice...... the ‘constitutionalisation’ of European law in the 1960s. This is in particular the case with the ‘integration-through-law’ paradigm that permeates most of the writing on European law even today. Concluding, it is argued that a general history of European law should avoid the adoption of mainstream conceptualisations...

Managerialism and higher education governance: Implications for ...

African Journals Online (AJOL)

This article identifies some of the implications of corporate forms of higher education governance for the management of South African universities. It explores corporate higher educational governance with reference to institutional autonomy incorporating academic freedom. It is the contention of this article that the primary ...

The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

Directory of Open Access Journals (Sweden)

Vinesh Basdeo

2014-08-01

Full Text Available The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?

Spreading law of non-Newtonian power-law liquids on a spherical substrate by an energy-balance approach.

Science.gov (United States)

Iwamatsu, Masao

2017-07-01

The spreading of a cap-shaped spherical droplet of non-Newtonian power-law liquids, both shear-thickening and shear-thinning liquids, that completely wet a spherical substrate is theoretically investigated in the capillary-controlled spreading regime. The crater-shaped droplet model with the wedge-shaped meniscus near the three-phase contact line is used to calculate the viscous dissipation near the contact line. Then the energy balance approach is adopted to derive the equation that governs the evolution of the contact line. The time evolution of the dynamic contact angle θ of a droplet obeys a power law θ∼t^{-α} with the spreading exponent α, which is different from Tanner's law for Newtonian liquids and those for non-Newtonian liquids on a flat substrate. Furthermore, the line-tension dominated spreading, which could be realized on a spherical substrate for late-stage of spreading when the contact angle becomes low and the curvature of the contact line becomes large, is also investigated.

Analisis Penerapan E-Government di Kabupaten Sragen

Directory of Open Access Journals (Sweden)

Yan Andriariza AS

2013-09-01

, G2B and G2G in Sragen Government. It also conducted an analysis using the UN Web Measure Index, and the final analysis of descriptive analysis for the 5 critical success factors of e-government, the laws and regulations, organizational structure, business processes, Information Technology and the Vision, Objectives and Strategies. From the analysis, it is concluded that Sragen G2B and G2G have implemented, and are at the early stages of implementation of G2C, Sragen has also achieved governmental online, paperless and transparent. Implementation of e-government in Sragen can be classified to be successful because it has met some success factor in the implementation of e-government, the laws and regulations, organizational structure, information technology and vision, objectives and strategy. Based on the UN's Measured Index, Sragen has reached stage 4. Recommendation from this research for the ICT government unit in Sragen is the unit will be better if the unit where handle by Echelon 2 and the need for SOPs and related ICT additional regulations in Sragen.

Governance, agricultural intensification, and land sparing in tropical South America.

Science.gov (United States)

Ceddia, Michele Graziano; Bardsley, Nicholas Oliver; Gomez-y-Paloma, Sergio; Sedlacek, Sabine

2014-05-20

In this paper we address two topical questions: How do the quality of governance and agricultural intensification impact on spatial expansion of agriculture? Which aspects of governance are more likely to ensure that agricultural intensification allows sparing land for nature? Using data from the Food and Agriculture Organization, the World Bank, the World Database on Protected Areas, and the Yale Center for Environmental Law and Policy, we estimate a panel data model for six South American countries and quantify the effects of major determinants of agricultural land expansion, including various dimensions of governance, over the period 1970-2006. The results indicate that the effect of agricultural intensification on agricultural expansion is conditional on the quality and type of governance. When considering conventional aspects of governance, agricultural intensification leads to an expansion of agricultural area when governance scores are high. When looking specifically at environmental aspects of governance, intensification leads to a spatial contraction of agriculture when governance scores are high, signaling a sustainable intensification process.

Multilateral, regional and bilateral energy trade governance

Energy Technology Data Exchange (ETDEWEB)

Leal-Arcas, Rafael; Grasso, Costantino; Rios, Juan Alemany (Queen Mary Univ. of London (United Kingdom))

2014-12-01

The current international energy trade governance system is fragmented and multi-layered. Streamlining it for greater legal cohesiveness and international political and economic cooperation would promote global energy security. The current article explores three levels of energy trade governance: multilateral, regional and bilateral. Most energy-rich countries are part of the multilateral trading system, which is institutionalized by the World Trade Organization (WTO). The article analyzes the multilateral energy trade governance system by focusing on the WTO and energy transportation issues. Regionally, the article focuses on five major regional agreements and their energy-related aspects and examines the various causes that explain the proliferation of regional trade agreements, their compatibility with WTO law, and then provides several examples of regional energy trade governance throughout the world. When it comes to bilateral energy trade governance, this article only addresses the European Union’s (EU) bilateral energy trade relations. The article explores ways in which gaps could be filled and overlaps eliminated whilst remaining true to the high-level normative framework, concentrating on those measures that would enhance EU energy security.

Revision of the law governing the energy industry; Neuregelung des Energierechts

Energy Technology Data Exchange (ETDEWEB)

Anon,

1993-11-03

In its report on measures for safeguarding the competitiveness of the German industry, the Federal Government announced a number of reforms covering among others a revision of the regulatory framework governing the electricity and gas industry. Major goals in this context are deregulation and an enhancement of competition. The Federal Ministry of Economics prepared a draft plan for action addressing the need for an amendment of the Energy Management Act and the Act Against Restraints on Competition. Implementation of the measures given in the draft plan would create completely new conditions for the pipeline energy supply industry. (orig./HSCH) [Deutsch] Die Bundesregierung hat in ihrem Bericht zur Zukunftssicherung des Wirtschaftsstandorts Deutschland auch die Reform des Ordnungsrahmens fuer Strom und Gas angekuendigt. Ziel dieser Reform sollen Wettbewerb und Deregulierung sein. Das Bundeswirtschaftsministerium hat dazu auf Fachebene ein Konzept erarbeitet, das ein neues Energiewirtschaftsgesetz sowie eine Aenderung des Gesetzes gegen Wettbewerbsbeschraenkungen umfasst. Das Konzept wuerde die leitungsgebundene Versorgungswirtschaft auf eine voellig neue Grundlage stellen. (orig./HSCH)

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

Directory of Open Access Journals (Sweden)

Dr. Ricardo Vizcaíno-Laorga

2008-01-01

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