Liability for Diagnosing Malingering.

Science.gov (United States)

Weiss, Kenneth J; Van Dell, Landon

2017-09-01

Malingering is a medical diagnosis, but not a psychiatric disorder. The label imputes that an evaluee has intentionally engaged in false behavior or statements. By diagnosing malingering, psychiatrists pass judgment on truthfulness. Evaluees taking exception to the label may claim that the professional has committed defamation of character (libel or slander) when the diagnosis is wrong and costs the claimant money or benefits. Clinicians may counter by claiming immunity or that the diagnosis was made in good faith. This problem has come into focus in military and veterans' contexts, where diagnoses become thresholds for benefits. Through historical and literary examples, case law, and military/veterans' claims of disability and entitlement, the authors examine the potency of the malingering label and the potential liability for professionals and institutions of making this diagnosis. © 2017 American Academy of Psychiatry and the Law.

Professional liability insurance in Obstetrics and Gynaecology: estimate of the level of knowledge about malpractice insurance policies and definition of an informative tool for the management of the professional activity

Directory of Open Access Journals (Sweden)

Scurria Serena

2011-12-01

Full Text Available Abstract Background In recent years, due to the increasingly hostile environment in the medical malpractice field and related lawsuits in Italy, physicians began informing themselves regarding their comprehensive medical malpractice coverage. Methods In order to estimate the level of knowledge of medical professionals on liability insurance coverage for healthcare malpractice, a sample of 60 hospital health professionals of the obstetrics and gynaecology area of Messina (Sicily, Italy were recluted. A survey was administered to evaluate their knowledge as to the meaning of professional liability insurance coverage but above all on the most frequent policy forms ("loss occurrence", "claims made" and "I-II risk". Professionals were classified according to age and professional title and descriptive statistics were calculated for all the professional groups and answers. Results Most of the surveyed professionals were unaware or had very bad knowledge of the professional liability insurance coverage negotiated by the general manager, so most of the personnel believed it useful to subscribe individual "private" policies. Several subjects declared they were aware of the possibility of obtaining an extended coverage for gross negligence and substantially all the surveyed had never seen the loss occurrence and claims made form of the policy. Moreover, the sample was practically unaware of the related issues about insurance coverage for damages related to breaches on informed consent. The results revealed the relative lack of knowledge--among the operators in the field of obstetrics and gynaecology--of the effective coverage provided by the policies signed by the hospital managers for damages in medical malpractice. The authors thus proposed a useful information tool to help professionals working in obstetrics and gynaecology regarding aspects of insurance coverage provided on the basis of Italian civil law. Conclusion Italy must introduce a compulsory

37 CFR 10.78 - Limiting liability to client.

Science.gov (United States)

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

[Urological diseases most frequently involved in medical professional liability claims].

Science.gov (United States)

Vargas-Blasco, César; Gómez-Durán, Esperanza L; Arimany-Manso, Josep; Pera-Bajo, Francisco

2014-03-01

Clinical safety and medical professional liability are international major concerns, especially in surgical specialties such as urology. This article analyzes the claims filed at the Council of Medical Colleges of Catalonia between 1990 and 2012, exploring urology procedures. The review of the 173 cases identified in the database highlighted the importance of surgical procedures (74%). Higher frequencies related to scrotal-testicular pathology (34%), especially testicular torsion (7.5%) and vasectomy (19.6%), and prostate pathology (26 %), more specifically the surgical treatment of benign prostatic hyperplasia (17.9%). Although urology is not among the specialties with the higher frequency of claims, there are special areas of litigation in which it is advisable to implement improvements in clinical safety. Copyright © 2014 Elsevier España, S.L. All rights reserved.

Liability-driven investment in longevity risk management

OpenAIRE

Helena Aro; Teemu Pennanen

2013-01-01

This paper studies optimal investment from the point of view of an investor with longevity-linked liabilities. The relevant optimization problems rarely are analytically tractable, but we are able to show numerically that liability driven investment can significantly outperform common strategies that do not take the liabilities into account. In problems without liabilities the advantage disappears, which suggests that the superiority of the proposed strategies is indeed based on connections b...

Ethical and legal issues regarding the action and knowledge of orthodontists before civil liability

Directory of Open Access Journals (Sweden)

Luíza Valéria de Abreu Maia

2014-10-01

Full Text Available This study evaluated the ethical and legal conducts of orthodontists regarding the professional/patient relationship, documentation used and degree of knowledge on the professional liability during the exercise of their specialty. This study sought to assess whether the time since graduation of the dentist as an expert interfered with their knowledge degree about the dental professional liability. The object population of the present study consisted of 56 dental surgeons, specialized in orthodontics, from the city of Belo Horizonte, Minas Gerais State, Brazil. The research was carried out using a survey addressed to these professionals, and descriptive statistics of the data. Chi-square test was used to check independence between factors and comparisons of proportions.  100% interviewed professionals request orthodontic documentation prior to the start of treatment; 71.5% request final documentation; 91% professionals affirmed they file this documentation; however, only 21.4% keep records for over 20 years; and most professionals (86% use some sort of contract at the start of treatment, and a small percentage (30.4% regard the liability of orthodontists as objective. It can be concluded that the interviewed professionals should acquire a higher level of knowledge regarding the professional liability and current legislation involving dental surgeons.

Third party liability cover for nuclear damage and related problems

International Nuclear Information System (INIS)

Carbone, Ferdinando; Gambardella, Elio.

1974-06-01

This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA) [fr

Assets, liabilities and risks

OpenAIRE

R. Thomson

2014-01-01

Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment) of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

Homicide committed by psychiatric patients: Psychiatrists' liability in Italian law cases.

Science.gov (United States)

Terranova, Claudio; Rocca, Gabriele

2016-01-01

Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients. © The Author(s) 2015.

Assets, liabilities and risks

Directory of Open Access Journals (Sweden)

R. Thomson

2014-01-01

Full Text Available Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

Personal Professional Reflection as Interdisciplinary Problem

Directory of Open Access Journals (Sweden)

Rezvan Oksana

2013-08-01

Full Text Available Consideration of professional reflection as interdisciplinary problem is the necessary condition of quality analysis for personal professional becoming. Personal becoming in a profession is related to forming the necessary professional skills of a person, behaviour stereotypes which is the area of pedagogics. Reflection processes are inalienable part of self-knowledge of a person which result must lead to his self-perfection (including professional one and studying within the psychology increasingly. Thus the aim of the article is to ground the determination of professional reflection as an interdisciplinary problem in pedagogics and psychology.

Negative liability

NARCIS (Netherlands)

Dari-Mattiacci, G.

2009-01-01

Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive

Perinatal asphyxia and medical professional liability: A case series

Directory of Open Access Journals (Sweden)

Andrea Verzeletti

2016-12-01

Full Text Available In the context of medical professional liability, obstetrics is one of the most involved medical specialties because the unfavorable outcome of a pregnancy is difficult to accept for parents, who tend to reduce it to inappropriate care that occurred during pregnancy or birth. 32 cases of perinatal asphyxia were evaluated by the Institute of Forensic Medicine in Brescia during the period between 1999 and 2014 (13 in Civil Court and 19 in Penal Court. 9 out of the 32 pregnancies were twins, so the considerations were carried out on a total of 41 fetuses/newborns. Profiles of inadequacy were identified in 66% of cases (85% of the cases evaluated in Civil Court; 53% of the cases evaluated in Penal Court. The existence of a causal relationship between the medical conduct and the onset of asphyxia was recognized in 79% of civil cases and in 38% of penal cases. There is a “greater rigor” in the verification of causal relationship and malpractice profiles in penal cases compared to civil ones: this is in harmony with the most recent Italian Court decisions, characterized by compelling suspect’s protection in the presence of a reasonable doubt in criminal matters and by victim’s protection in civil ones.

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

International Nuclear Information System (INIS)

Hoche, A.

1988-01-01

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

Environmental liability demanded to a sewage works; Responsabilidad medioambiental exigida a una EDAR

Energy Technology Data Exchange (ETDEWEB)

Taure Mendez, J. M.; Rodriguez Escobar, R.

2009-07-01

The law 26/2007 of environmental liability determines a series of obligations. These ones are particularly relevant for that economical or professional activities with a bigger pollution potential. It will be applied to sewage works the new environmental liability system on its stricter form, since the activity developed is included inside Attachment III of the law 26/2007. this article studies the key concepts of the law, like environmental damages, operator, economic or professional activities, objective and unlimited liability, the measures of prevention, avoidance and repair, the compulsory constitution of financial guarantees and the determination of its amount. (Author) 8 refs.

Reassessing the nuclear liability regime

International Nuclear Information System (INIS)

Havinh Phuong

1985-01-01

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

Problematic of mining environmental liabilities in Colombia

International Nuclear Information System (INIS)

Arango Aramburo, Marcela; Olaya, Yris

2012-01-01

Mining environmental liabilities (PAM from its acronym in Spanish) are areas where there is a need for restoration, mitigation or compensation for environmental damage or unmanaged impact, produced by inactive or abandoned mining that threatens health, quality of life or public or private property. In Colombia the environmental liabilities from mining have not been regulated, but given the age and the prevalence of informality in mining, there is increasing interest in defining, regulating and managing these obligations. In this paper we approach the problem of valuing mining environmental liabilities by examining different management approaches for such liabilities around the world. We also identify key information requirements to manage mining environmental liabilities in Colombia.

Modeling non-maturing liabilities

OpenAIRE

von Feilitzen, Helena

2011-01-01

Non‐maturing liabilities, such as savings accounts, lack both predetermined maturity and reset dates due to the fact that the depositor is free to withdraw funds at any time and that the depository institution is free to change the rate. These attributes complicate the risk management of such products and no standardized solution exists. The problem is important however since non‐maturing liabilities typically make up a considerable part of the funding of a bank. In this report different mode...

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

International Nuclear Information System (INIS)

Gherbaz, S.

2009-01-01

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

Limitation of Auditors' Liability

DEFF Research Database (Denmark)

Werlauff, Erik; Foged-Ladefoged, Lise Kolding

2014-01-01

The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...... to the fact that the insurance premiums associated with an unlimited liability must of course make the auditor’s tasks more expensive. Relevant EU recommendations and a comparative glance at other EU countries’ proposed solutions to the problem are included....

Improvement of nuclear third party liability system

International Nuclear Information System (INIS)

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

2001-01-01

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

Nuclear Liability, State of the Art

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2010-01-01

Over fifty years ago states started to introduce legislation protecting the public against the potential magnitude and peculiarity of risks arising from the nuclear energy production. They did so trough a specific liability and compensation regime. Whether legislation was based on national initiatives or, as more frequently, related to international nuclear liability conventions, it was based on a number of principles being applied universally. Furthermore, it at the same time strived for not preventing the development of the nuclear industry because of an unbearable liability. This paper aims at explaining the broad outline of the above legislation, its development since its early years, the state of the art as regards its modernisation as well as the (alleged) problems underlying the delay in its introduction in a number of countries. When dealing with those problems it will be inevitable to touch upon a number of insurance related matters, which, as an insurer I am happy to tell, will lead me to familiar territory.(author).

Business Entity Selection: Why It Matters to Healthcare Practitioners. Part II--Corporations, Limited Liability Companies, and Professional Entities.

Science.gov (United States)

Nithman, Robert W

2015-01-01

The Bureau of Labor statistics indicates only a 50% four-year survivability rate among businesses classified as "education and health services." Gaining knowledge of IRS business entities can result in cost savings, operational efficiency, reduced liability, and enhanced sustainability. Each entity has unique disadvantages, depending on size, diversity of ownership, desire to expand, and profitability. Business structures should be compatible with organizational mission or vision statements, services and products, and professional codes of ethics. Healthcare reform will require greater business acumen. We have an ethical duty to disseminate and acquire the knowledge to properly establish and manage healthcare practices to ensure sustainable services that protect and serve the community.

PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY

Directory of Open Access Journals (Sweden)

Vitaly Stepashin

2017-01-01

Full Text Available УДК 343.2A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1 By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2 Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3 Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4 The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility, and in a simplified manner. 5 Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6 Customization repression (in fact – of criminal responsibility in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough

Sub-seabed burial of radioactive waste and liabilities

International Nuclear Information System (INIS)

Reyners, Patrick.

1982-10-01

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

A study on the civil liability of radiological technologist in medical malpractice

International Nuclear Information System (INIS)

Lim, Chang Seon

1995-01-01

Recently the suits for medical malpractice are gradually increasing in this country. The main purpose of this study is to excavate the most suitable theories about civil liabilities on medical malpractice by radiological technologist. To solve the above-mentioned problems in medical malpractice, I have proceeded to make a survey of traditional theories and tried to excavate the most suitable theories for our medical circumstances among those theories. Both domestic and foreign relevant professional literatures and legal cases were investigated in this study. Several important findings of this study are as follows. First, the nature of legal interrelationship between radiological technologist and physician(or the representative of a hospital) is to define the content of employment. But in the eye of medical law, the interrelationship between radiological technologist and physician is written that radiological technologist should be directed by physician. Second, the nature of legal interrelationship between patient and physician(or the representative of a hospital) is to define the content of legal obligation of physician(or the representative of a hospital), and radiological technologist execute his obligation as proxy for physician. Therefore, patient can not clame any legal right to radiological technologist. Third, radiological technologist has the obligation of Due Care in medical practice. Fourth, on the medical malpractice by radiological technologist the civil liability can be treated as either tortious liability or contractual liability, and physician (or the representative of hospital) take the responsibility for the damage compensation. In this case, physician has the right of indemnity to radiological technologist. But it should be dinied or extremely limited

Unlimited liability will not automatically establish unlimited coverage

International Nuclear Information System (INIS)

Breining, W.

1980-01-01

Comments from the point of view of insurance companies. The plans of the Federal Ministry of the Interior to reform nuclear liability law in the Federal Republic of Germany, especially the intention to abolish the maximum liability limit, were commented upon also from the point of view of the insurance companies at the 6th German Atomic Energy Law Symposium. Reference was made, above all, to the problems which could arise from the fact that insurance companies need broad international backing and, accordingly, harmonization with the liability rules and conditions valid in other countries, in order to cover the high nuclear risks. Another problem to which attention was drawn was the need for evidence in catastrophic cases and the capability to settle cases of damage arising under such conditions. (orig.) 891 HP/orig. 892 MB [de

Liability from the view of the medical physicist

International Nuclear Information System (INIS)

Shalek, R.J.

1980-01-01

The negligent performance of professional duties is the most probable type of legal action against a medical physicist. A mistake resulting from ignorance or inadvertence is an example; an error in professional judgement is not negligence if an ordinary, prudent physicist in the same situation would have made the same decision. A physicist or any hospital employee has a duty to protect his employer from liability even to the extent of reporting to the hospital medical practices which could harm the patient. Suggestions for reducing legal risk include recommendations for professional knowledge, record keeping and outside verification of important elements of operating systems

Transfrontier nuclear civil liability without international conventions

International Nuclear Information System (INIS)

Dogauchi, M.

1992-01-01

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

[The problems of professional competence in the complementary professional forensic medical expertise programs of advanced training and professional requalification].

Science.gov (United States)

Shadymov, A B; Fominykh, S A; Dik, V P

This article reports the results of the analysis of the new tendencies and normatives of the working legislation in the field of additional professional education in the speciality of «forensic medical expertise» and the application of the competency-based approach to the training of specialists in the framework of professional requalification and advanced training programs. Special attention is given to the problems of organization of the educational process and the elaboration of additional training programs based on the competency approach to the training of specialists at the Department of Forensic Medicine and Law with the professor V.N. Kryukov Course of Advanced Professional Training and Professional Requalification of Specialists at the state budgetary educational Institution of higher professional education «Altai State Medical University», Russian Ministry of Health. The study revealed the problems pertaining to the development of professional competencies in the framework of educational programs for the professional requalification and advanced training in the speciality «forensic medical expertise». The authors propose the legally substantiated approaches to the solution of these problems.

Scaling Professional Problems of Teachers in Turkey with Paired Comparison Method

Directory of Open Access Journals (Sweden)

Yasemin Duygu ESEN

2017-03-01

Full Text Available In this study, teachers’ professional problems was investigated and the significance level of them was measured with the paired comparison method. The study was carried out in survey model. The study group consisted of 484 teachers working in public schools which are accredited by Ministry of National Education (MEB in Turkey. “The Teacher Professional Problems Survey” developed by the researchers was used as a data collection tool. In data analysis , the scaling method with the third conditional equation of Thurstone’s law of comparative judgement was used. According to the results of study, the teachers’ professional problems include teacher training and the quality of teacher, employee rights and financial problems, decrease of professional reputation, the problems with MEB policies, the problems with union activities, workload, the problems with administration in school, physical conditions and the lack of infrastructure, the problems with parents, the problems with students. According to teachers, the most significant problem is MEB educational policies. This is followed by decrease of professional reputation, physical conditions and the lack of infrastructure, the problems with students, employee rights and financial problems, the problems with administration in school, teacher training and the quality of teacher, the problems with parents, workload, and the problems with union activities. When teachers’ professional problems were analyzed seniority variable, there was little difference in scale values. While the teachers with 0-10 years experience consider decrease of professional reputation as the most important problem, the teachers with 11-45 years experience put the problems with MEB policies at the first place.

Insurance Cover for Revised Nuclear Liability

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2008-01-01

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

Liability according to civil law regarding border-crossing nuclear damage

International Nuclear Information System (INIS)

Baer, Caroline

1987-12-01

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

Limited and unlimited liability in the German Atomic Energy Law

International Nuclear Information System (INIS)

Pelzer, N.

1982-01-01

The liability of operators of nuclear installations in the FRG is limited under current law to the sum of one thousand million DM (section 31 of the Atomic Energy law). Since about the autumn of 1979, the Federal Ministry of the Interior is making inquiries into the necessity and appropriateness of abandoning the provision on liability limitations, in order to improve the victims compensation. The legal problems involved in this decision are presented by the author, trying to answer the question of whether the current system of liability limitations should be maintained or abandoned by discussing this issue from the point of view of the legal functions ''justice'' and ''expedience'' of this provision. The manifold international interlacement of the atomic energy law does not allow this study to be restricted to the law of the FRG. A brief review of the development and current state of the international nuclear liability law is the basis of this study into the problems of a possible modification of the German nuclear liability provisions. The study is carried out with the purpose of elaborating model solutions. (orig./HP) [de

The international liability funds in the maritime field

Directory of Open Access Journals (Sweden)

Mišo Mudrić

2009-08-01

Full Text Available This Paper aims to explore the current system of the international liability funds in the maritime field. Through the systematic economical, legal and political analysis of the current and envisaged international, regional and national liability funds connected to the pollution of the seas, an overview of the function, efficiency and critical considerations of the chosen liability funds will be presented. A comparison between the international system of the compensation for the oil pollution damage (and the pending hazardous and noxious substances compensation model, and that of the United States is necessary, in order to determine a difference in approaches these two systems use to tackle the burning issues of oil (and hazardous and noxious substances spills. A special consideration will be devoted to the questions of limited or unlimited liability, scope and strength of the Protection & Indemnity insurance and reinsurance market, problems of the channeling of the liability, moral hazard of the financial caps, and the general lack of the liability funds in the maritime field. Finally, an attempt will be made to consolidate the difference in opinions regarding the previously mentioned issues, and to predict the possible routes of changes awaiting the fund compensation systems.

A Research On Perceptions About Management Problems of Professional Accountants

Directory of Open Access Journals (Sweden)

Nurettin İBRAHİMOĞLU

2014-12-01

Full Text Available The aim of this study is to investigate the perception of administrative problems of professional accountants and to bring some solutions to their problems. The study was attended by 304 members of the accounting profession (N=304. The sample of this study was generated from the professional accountants registered to the Chamber of Gaziantep Public Accountants and Financial Advisers in Gaziantep region. Literature sources related to this problem was overviewed and some broad information about the sample and study was presented. We employed factor analysis to analyze the data. The perception of administrative problems of the accounting professionals are discussed by three factors which can be classified as follow; occupational problems, health problems, and training – communication problems. The hypotheses of this study was divided to groups and was tested by Mann - Whitney U test which is a non-parametric method alternative to t-test. According to findings of this study the most important problems of the professional accountants is classified as follow; the costumer, customer (taxpayers relationship problems, unethical request of the customers, stressful working conditions and it also found that the professional accountants with in this sample does not meet all demands of the customers

Liability for damage to the global commons

International Nuclear Information System (INIS)

Leigh, K.

1993-01-01

The 'global commons' discussed in this paper are the areas beyond the limits of national jurisdiction. Responsibility to prevent environmental damage to these areas is clearly recognized in customary international law. On the other hand, although liability for such damage undoubtedly has a useful role to play in protecting these areas, the precise nature of liability for such damage is unclear. Some issues, such as whether liability for such damage is strict or tied to breaching a standard of care and the definition of environmental damage, equally arise in relation to damage to the environment of States. Others, such as who could take action to enforce the liability and the nature of the remedy, raise special problems in the case of damage to the global commons. The work under way in the IAEA Standing Committee on Liability for Nuclear Damage provides an opportunity for clarifying these issues in relation to nuclear damage to the global commons. Treaties dealing with particular types of damage which have recently been adopted or are currently being developed in other fields provide a starting point in dealing with this matter. More work, however, needs to be done

Particular aspects and limits of absolute nuclear liability

International Nuclear Information System (INIS)

Engelhard, M.; Brunengo, C.

1981-10-01

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

PERSONAL AND PROFESSIONAL MOBILITY: THE CONJUGACY PROBLEM

OpenAIRE

Tamara B. Sergeeva

2015-01-01

RETRACTED ARTICLEThe purpose of the paper is to develop a theoretical model conjugation of personal and professional mobility on the high school teachers’ example. Specific research problems of the study are to analyze the correlation properties of the mobile identity and mobile professional; the possibilities of forming professional mobility of teachers in the absence or underdevelopment of personal preconditions for mobility; search the features that can compensate this deficiency.Methods. ...

7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

Science.gov (United States)

2010-01-01

... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

Liability and insurance of nuclear accident risk the swiss regulation in perspective

International Nuclear Information System (INIS)

Umbricht, R.; Zweifel, P.

1998-01-01

In this paper we argue that compulsory insurance of nuclear liability should be extended. Most countries have explicit limitations of operators' liability, which also lie at the heart of international conventions. Moreover, there are implicit limitations imposed by operators' inability to pay where unlimited and strict liability applies. These limitations result in static and dynamic inefficiencies because they allow nuclear plant operators to eschew the risk costs of a severe nuclear accident. Extension of compulsory insurance, however, will exacerbate problems of market failure in insurance: National insurance pools have monopolized the business and are expected to exercise market power. Furthermore, their capacity may fall short of required coverage. Bringing in capital market investors can alleviate these problems. Nuclear liability insurance data from Switzerland provides statistical evidence in support of our main points. (authors)

PERSONAL AND PROFESSIONAL MOBILITY: THE CONJUGACY PROBLEM

Directory of Open Access Journals (Sweden)

Tamara B. Sergeeva

2015-01-01

Full Text Available RETRACTED ARTICLEThe purpose of the paper is to develop a theoretical model conjugation of personal and professional mobility on the high school teachers’ example. Specific research problems of the study are to analyze the correlation properties of the mobile identity and mobile professional; the possibilities of forming professional mobility of teachers in the absence or underdevelopment of personal preconditions for mobility; search the features that can compensate this deficiency.Methods. The study is based on a theoretical analysis of different methodological approaches to the description of the personal and professional mobility. Also there were used the results of non-formal interview which was aimed at identifying the characteristics of the mobile professional teacher of high school.Results and scientific novelty. The concepts of «personal mobility» and «professional mobility» are clarified. Personal mobility is defined in the work as an integrative personal qualities, based on the individual properties (activity, plasticity, flexibility, adaptability, high energy source and manifests itself in the behavior and activities of the entity in the form of commitment, independence, openness to new experience, creativity and motivation for self-development, speed decisionmaking. Professional mobility is interpreted as a strategy to adapt to the changing conditions of professional activity, which is a special case of the general personal life strategy.Psychological readiness for pedagogical activity is considered as a link between the personal and professional mobility. Nine types of teacher's professional mobility, emerging as a result of different levels of personal mobility combined with the severity of psychological readiness for pedagogical activity are described.Practical significance. The analysis of the conjugacy problem of personal and professional mobility creates an informational basis for prolonged work on the formation of

A Random Parameter Model for Continuous-Time Mean-Variance Asset-Liability Management

Directory of Open Access Journals (Sweden)

Hui-qiang Ma

2015-01-01

Full Text Available We consider a continuous-time mean-variance asset-liability management problem in a market with random market parameters; that is, interest rate, appreciation rates, and volatility rates are considered to be stochastic processes. By using the theories of stochastic linear-quadratic (LQ optimal control and backward stochastic differential equations (BSDEs, we tackle this problem and derive optimal investment strategies as well as the mean-variance efficient frontier analytically in terms of the solution of BSDEs. We find that the efficient frontier is still a parabola in a market with random parameters. Comparing with the existing results, we also find that the liability does not affect the feasibility of the mean-variance portfolio selection problem. However, in an incomplete market with random parameters, the liability can not be fully hedged.

Health professionals' advice for breastfeeding problems: not good enough!

Science.gov (United States)

Amir, Lisa H; Ingram, Jennifer

2008-09-11

Jane Scott and colleagues have recently published a paper in the International Breastfeeding Journal showing that health professionals are still giving harmful advice to women with mastitis. We see the management of mastitis as an illustration of health professionals' management of wider breastfeeding issues. If health professionals don't know how to manage this common problem, how can they be expected to manage less common conditions such as a breast abscess or nipple/breast candidiasis? There is an urgent need for more clinical research into breastfeeding problems and to improve the education of health professionals to enable them to promote breastfeeding and support breastfeeding women.

Health professionals' advice for breastfeeding problems: Not good enough!

Directory of Open Access Journals (Sweden)

Amir Lisa H

2008-09-01

Full Text Available Abstract Jane Scott and colleagues have recently published a paper in the International Breastfeeding Journal showing that health professionals are still giving harmful advice to women with mastitis. We see the management of mastitis as an illustration of health professionals' management of wider breastfeeding issues. If health professionals don't know how to manage this common problem, how can they be expected to manage less common conditions such as a breast abscess or nipple/breast candidiasis? There is an urgent need for more clinical research into breastfeeding problems and to improve the education of health professionals to enable them to promote breastfeeding and support breastfeeding women.

Some considerations on disciplinary liability overlapping criminal liability

Directory of Open Access Journals (Sweden)

Ştefania DUMITRACHE

2011-12-01

Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

Claims expenses and limits of liability in third party liability insurances

International Nuclear Information System (INIS)

Rehmann, J.

1992-01-01

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

A CONCEPTUAL PERSPECTIVE REGARDING PRODUCT LIABILITY

Directory of Open Access Journals (Sweden)

Daniela POPESCU

2010-01-01

Full Text Available This study analyses a current and highly important problem because we are in front of an unrecorded growth of the production volume in parallel with its diversification. Due to the fact that the introduction in production of the new products is preceded by the subsequent execution of some manually manufactured prototypes, the products are manufactured afterwards on an industrial scale. Under these circumstances there is the possibility of small errors which affect the consumer’s behaviour towards the new products. That is why, in auditing the focus is on the careful supervision of the opinions of the consumers and especially of the shortcomings of some products indicated by consumers in order to remove these from the manufacturing line. Under these circumstances, a very tight connection is required between the producers and the consumers, and a special liability of the producers towards those products. At the same time this is also a worldwide concern for the regulation of the products responsibility which has already been adopted by some large manufacturing countries. The recent example of USA was followed by the European legislation. That is why American organisations which export to Europe have to be warned because the law of product liability has been adopted in many European countries. The insurance companies are usually paying the initial losses for the cases of product liability. The manufacturer of a product has to protect itself from the risk of being brought to trial or at least to reduce the risk to a level where he could afford a reasonable profit or a continuous growth. In order to meet this objective, we need a product liability prevention program. This study analyses the product liability prevention program and presents some of the essential common elements for such a program. Therefore, one can argue that in order to have an effective product liability prevention program, some operations are required as for example

CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE

Directory of Open Access Journals (Sweden)

Gârbo Viorica Irina

2013-07-01

Full Text Available Malpractice insurance of medical staff is probably the oldest professional liability insurance underwritten in the insurance market in Romania. The aim of our research is to theoretically examine in a qualitative inquiry the usefulness of insurance completion by the practitioners from the Romanian health system at both state and private, in order to improve a best practice medical insurance. The medical profession is practiced in Romania under the Code of Medical Ethics 30 March 2012 prepared in code that complies with international standards contained in the Geneva Declaration of 1948, as amended by the World Medical Association and the International Code of Medical Ethics. The forms of medical liability are: disciplinary, administrative, civil and criminal and only the civil liability can be taken into insurance because only it meets the conditions of insurability. Once we explain in general and the insurance liability in particular we show articles of the Romanian Civil Code which establishes the obligation the one that caused an injury to a third person for the repair or indemnify and conditions provided by the Civil Code as an act to be considered liability. Then we refer to situations where the patient may be damaged through the fault of the doctor or the doctor unit operates. The object of malpractice insurance is loss of money that the insured would have to pay a patient whom he caused injury as a result of acts or deeds of negligence committed to, during and in relation to professional activity. Risks taken in the insurance are personal injury, illness or death of the patient and / or moral damages. Regarding the excluded risks we have presented an overview of the more common contracts underwritten by Romanian insurance companies. We show the way of underwriting, the insured sums of the standard insurance and the additional one which subscribes moral damages, to companies in Romania agreed by bodies which organize and supervise the

Liability Issues

International Nuclear Information System (INIS)

O’Donoghue, K.

2016-01-01

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

Liability in maritime transport of dangerous goods

International Nuclear Information System (INIS)

Feldhaus, H.

1985-01-01

The first part contains a description of national liability standards for maritime transport in the French, English, US-American and West German legislation. This is followed up by a detailed review of the existing international agreements. The book is rounded off by a critical evaluation of the presently held discussion and suggested solutions on the problems of liability in the maritime transport of dangerous goods other than mineral oil. The author takes a close look at the 'Entwurf eines Internationalen Uebereinkommens ueber die Haftung und den Schadenersatz bei der Befoerderung schaedlicher und gefaehrlicher Stoffe auf See' ('draft of an international agreement on liability and compensation for damage in maritime transport of noxious and dangerous goods') in the version of May 23, 1983, which was discussed on an international diplomat's conference in London without however, yielding any concrete results. (orig./HP) [de

Nuclear Energy and Liability in Law. Records of the meeting

International Nuclear Information System (INIS)

1977-01-01

The question of nuclear energy and liability in law was discussed at a one-day meeting organised jointly by the Societe francaise de radioprotection and the Societe francaise d'energie nucleaire. This report contains three of the papers presented. The first paper describes the different types of liability: civil, penal, administrative, international and explains the reasons which have led the legislator to introduce special liability rules to meet the problems raised by nuclear energy. The second paper deals with radiation protection and the different types of liability in law which may result from activities involving radiation protection. Finally, the third paper discusses nuclear risk insurance from the viewpoint of atomic insurance pools and specifies that insurers are concerned with improving accident prevention measures, in close collaboration with nuclear operators and the public authorities. (NEA) [fr

Managing nuclear liabilities

International Nuclear Information System (INIS)

Pooley, D.

1997-01-01

This paper discusses the importance of managing liabilities in the nuclear industry and considers the main ingredients which make for successful liabilities management. It looks specifically at UKAEA's experience to date and lists its key management principles, including the use of the liabilities management ratio which is the company's current bottom-line performance measure. (Author)

Quasi and real toughening of criminal liability for mediation of bribery

Directory of Open Access Journals (Sweden)

Evgeniya V. Rogova

2015-12-01

Full Text Available Objective to identify the disputable issues of criminallegal regulation and problems of criminal law norms application establishing liability for mediation in bribery. Basing on the analysis to propose ways to resolve some of them. Methods for the accuracy and completeness general and special methods of scientific cognition were applied. The general methods include historicallegal logicallegal comparative legal methods systemic analysis and synthesis. Special methods are study of documents and content analysis expert evaluation method. Results the authors came to a conclusion about the need to reform the law concerning the criminal liability for mediation in bribery. One of the solutions to the problem is to change the disposition of Article 291.1 of the Criminal Code. However a comprehensive analysis of the problems of application of this regulation and the norms of the General part of the Criminal Code indicates that there is no need to legislatively confirm the criminal liability for mediation in bribery. Scientific novelty the complex analysis of problems of the application of Article 291.1 of the RF Criminal Code has been made which serves as the basis to justify the inconsistency of this provision of the criminal law a proposal is made to make amendments in the norms of the General part of the Criminal Code of the Russian Federation relating to the concept of accomplice of the crime. Practical significance the results can be used in the reforming of criminal legislation of the Russian Federation and also at the further research of problems of differentiation of liability for bribery.

Liability of statutory organs in limited liability companies

Directory of Open Access Journals (Sweden)

Martin Janků

2011-01-01

Full Text Available Statutory organs of business companies (and similarly of co-operatives have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets because, although the assets are legally owned by the business company, persons acting as statutory organs are mostly partners (shareholders in these companies as well. As such they manage the foreign assets but the company properties were created by their contributions or through the business by themselves. The paper analyses the requirements laid down for the function of managing directors (jednatel in the limited company. Consequently it analyses the scope of the liability of managing directors firstly, in relationship to the company’s creditors (persons standing outside the company and, subsequently, in relationship to the shareholders. It also presents and characterises the recent trends in the Commercial Court’s judgement of the conditions required for the liability for damage and claims for damages put forward by action to recover damages by the managing directors. De lege ferenda the paper recommends that the legal regulation will be amended by provisions limiting the scope of persons to be appointed as executive director and/or extending the liability for damages for the partners of the company in cases where the damage in such cases can not be compensated by the executive director and the partners should bear consequences for their culpa in eligendo.

Sharing Residual Liability

DEFF Research Database (Denmark)

Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

2016-01-01

Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... for policy makers and courts in awarding damages in a large number of real-world accident cases....

Information Seeking When Problem Solving: Perspectives of Public Health Professionals.

Science.gov (United States)

Newman, Kristine; Dobbins, Maureen; Yost, Jennifer; Ciliska, Donna

2017-04-01

Given the many different types of professionals working in public health and their diverse roles, it is likely that their information needs, information-seeking behaviors, and problem-solving abilities differ. Although public health professionals often work in interdisciplinary teams, few studies have explored their information needs and behaviors within the context of teamwork. This study explored the relationship between Canadian public health professionals' perceptions of their problem-solving abilities and their information-seeking behaviors with a specific focus on the use of evidence in practice settings. It also explored their perceptions of collaborative information seeking and the work contexts in which they sought information. Key Canadian contacts at public health organizations helped recruit study participants through their list-servs. An electronic survey was used to gather data about (a) individual information-seeking behaviors, (b) collaborative information-seeking behaviors, (c) use of evidence in practice environments, (d) perceived problem-solving abilities, and (e) demographic characteristics. Fifty-eight public health professionals were recruited, with different roles and representing most Canadian provinces and one territory. A significant relationship was found between perceived problem-solving abilities and collaborative information-seeking behavior (r = -.44, p public health professionals take a shared, active approach to problem solving, maintain personal control, and have confidence, they are more likely collaborate with others in seeking information to complete a work task. Administrators of public health organizations should promote collaboration by implementing effective communication and information-seeking strategies, and by providing information resources and retrieval tools. Public health professionals' perceived problem-solving abilities can influence how they collaborate in seeking information. Educators in public health

Nuclear liability in the course of transport - some insurance aspects

International Nuclear Information System (INIS)

Andersson, G.

1993-01-01

This presentation deals with some legal and practical problems in the transport liability field, problems the author has met over the years as an insurer of nuclear risks. The intention is not to give a presentation of the nuclear liability rules as such, which should be familiar to the reader, neither to give an overall survey of the insurance procedures as regards transport of nuclear substances. It will just point out a few questions that are typical for this kind of business and that might be of interest for those who in one way or another might be involved in the insurance of nuclear transports

Nuclear Liability Laws

International Nuclear Information System (INIS)

McIntosh, S.

2016-01-01

The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004

Professional identity of civil servants as a scientific problem

Directory of Open Access Journals (Sweden)

Nataliia Anatoliivna Lypovska

2013-11-01

Full Text Available The article examines the concept of «professional identity» and its importance for the analysis of the professionalization of the civil servants. The basic concepts such as “profession”, “professionalism” (“professional development”, “professional competence”, and their relationship are concerned. Relevance of the research is due to the fact that professional identity acts as an internal source of professional development and personal growth of any business entity, and the question of the development of professional identity is included into the total range of problems of any professional. Stages of professional identity are grounded. The paper concludes that professional identity is an integration concept, which expresses the relationship of personal characteristics that provide guidance in the world of professions and allows a person more fully realize his personal potential careers, as well as to predict the consequences of professional choice. Professional identity performs of transforming and stabilizing functions. Therefore professional identity serves like a kind of regulator for a profession.

ACCRUAL OF LIABILITIES AND CONTINGENT ASSETS

Directory of Open Access Journals (Sweden)

Elena Ilie

2011-12-01

Full Text Available International Financial Reporting Standards together with Public Sector Accounting Standards are based on professional reasoning by appealing to principles that can lead to several solutions for a certain problem. In this respect Romanian economic mechanisms have a high level of rigidity in the implementation of accounting concepts and principles so that it is important to highlight the aspects that generate added value in the current economic climate. Even since 2005 the harmonization of Romanian accounting with the directives of International Accounting Standards, which came to support the harmonization of rules and principles concerning the development of annual financial statements of public institutions, is the most important and essential challenge for administrative environment. Assets and contingent liabilities are elements which in terms of the law cannot be included in the assets of a public institution that is why accounting of these elements must be performed using special off-balance sheet accounts. The purpose of this work emphasizes the opportunity and the recognition of economic events whose elements should be reflected in balance sheet, but also the appropriate and necessary moment of making entries over special accounts off the balance sheet in accordance with IPSAS 19.

Commercial property loan valuations in the UK : implications of current trends in practice and liability

OpenAIRE

Crosby, Neil; Lavers, Anthony; Foster , Henry

1997-01-01

This paper is the second of two papers which aim to examine the major legal liability implications of changes to the commercial property loan valuation process caused by the recession in the UK property market and to make recommendations to valuers and their professional institutions to improve the quality of the process and the result. The objectives of this paper are to address a number of the practical implications of changes to the loan valuation process within the context of legal liabil...

Ecological literacy and beyond: Problem-based learning for future professionals.

Science.gov (United States)

Lewinsohn, Thomas M; Attayde, José Luiz; Fonseca, Carlos Roberto; Ganade, Gislene; Jorge, Leonardo Ré; Kollmann, Johannes; Overbeck, Gerhard E; Prado, Paulo Inácio; Pillar, Valério D; Popp, Daniela; da Rocha, Pedro L B; Silva, Wesley Rodrigues; Spiekermann, Annette; Weisser, Wolfgang W

2015-03-01

Ecological science contributes to solving a broad range of environmental problems. However, lack of ecological literacy in practice often limits application of this knowledge. In this paper, we highlight a critical but often overlooked demand on ecological literacy: to enable professionals of various careers to apply scientific knowledge when faced with environmental problems. Current university courses on ecology often fail to persuade students that ecological science provides important tools for environmental problem solving. We propose problem-based learning to improve the understanding of ecological science and its usefulness for real-world environmental issues that professionals in careers as diverse as engineering, public health, architecture, social sciences, or management will address. Courses should set clear learning objectives for cognitive skills they expect students to acquire. Thus, professionals in different fields will be enabled to improve environmental decision-making processes and to participate effectively in multidisciplinary work groups charged with tackling environmental issues.

Encounters with service professionals experienced by children from families with alcohol problems

DEFF Research Database (Denmark)

Werner, Anne; Malterud, Kirsti

2016-01-01

Aim: The aim of this study was to explore encounters with service professionals experienced in childhood and adolescence by children who grew up with parental alcohol abuse. We focused on their accounts from situations indicating children’s struggles or parental drinking problems. Methods: Semi......-structured qualitative interview study was conducted with retrospective data from nine adults. Systematic text condensation was used to understand childhood experiences from encounters with professionals. Results: Participants believed that professionals rarely recognised their parents’ drinking problems. The children...... parental drinking. Even when problems were obvious, participants felt that professionals took no further action. Medical and social problems were managed within very confined perspectives. Conclusions: Specific commitment to confront cultural taboos is needed to attend to children’s unmet needs...

Romanian Nuclear Liability Legislation

International Nuclear Information System (INIS)

Banu, R.

2006-01-01

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

Managing UK nuclear liabilities

International Nuclear Information System (INIS)

Sadnicki, Mike; MacKerron, Gordon.

1997-01-01

This paper sets out a framework for a fundamental reappraisal of the management of nuclear liabilities in the United Kingdom, built around two policy objectives, sustainable development and cost-effectiveness. The practical implications of the policy objectives are explored in relation to nuclear liability strategies, such as the adequacy or otherwise of current funding arrangements, the completeness of liability estimates and the distribution of financial responsibility between the public and private sector. A fundamental review of the management of nuclear liabilities is urged in the light of inadequacies identified in this paper. (UK)

Concerning improvement and reform towards a more effective and realisable nuclear liability legal system in Japan

International Nuclear Information System (INIS)

Iizuka, H.

2006-01-01

Japan is the only country in the world that has ever experienced being attacked by atomic bombs. Japanese people have a special feeling towards nuclear power. Japan has opted for an unlimited liability system, which is regarded as a hospitable one to victims in Japan. Under the existing unlimited liability system in Japan, however, there is a problem that nuclear operators cannot necessarily foresee the probable limit of their risks to owe. In this paper, I want to present problems of the nuclear liability legal system, and proposals for improvement and reform towards more effective and realisable system in Japan. (author)

[Liability in Anaesthesiology: theory of disproportionate damage].

Science.gov (United States)

Galán Gutiérrez, J C; Galán Cortés, J C

2013-10-01

An analysis is made of the controversial application of the theory of disproportionate damage in the anaesthetic act, due to the high inherent risk, and regardless of the seriousness and importance of the surgery being performed. The existence of a disproportionate damage, that is, damage not foreseen nor accountable within the framework of the professional performance of the anaesthetist, does not by itself determine the existence of liability on the part of the anaesthetist, but the demand from the professionals themselves for a coherent explanation of the serious disagreement between the initial risk implied by their actions and the final consequence produced. Copyright © 2012 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Published by Elsevier España. All rights reserved.

Professional determination problems of modern senior pupils

Directory of Open Access Journals (Sweden)

G.N. Danylenko

2017-03-01

Full Text Available Background. Today, young people are more focused on getting education as such, without taking into account the profession. The relevance of this study is the identification of the level of professional self-determination of senior pupils, the mechanisms of formation of professional preferences. The article contains the concept and content of professional self-determination in adolescence; the results of the study on the formation of professional self-determination in senior pupils are presented. The study conducted among 9th grade pupils of secondary schools has revealed that the further gradual self-determination of the future specialty depends not only on psychological readiness for conscious choice. Materials and methods. The study involved 982 pupils of secondary schools in Ukraine. To study the level of formation of professional readiness, there was conducted a survey on the developed questionnaire. Statistical analysis was carried out using MS Excel and SPSS 17. Results. The results showed that professional intents of 9-graders are a key feature for solving the problem of high school selection and future careers. But for most students, these intentions are contradictory due to objective reasons. Radio, television, books don’t have a significant impact on the choice of professional self-determination. Conclusions. The conducted survey is self-sufficient for the analysis of professional orientation. But the choice of profession by the students is influenced by many factors. Therefore, carrying out the studies on vocational guidance requires an integrated approach.

Radiological risks and civil liability

International Nuclear Information System (INIS)

Miller, C.E.

1989-01-01

In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author)

Radiological risks and civil liability

Energy Technology Data Exchange (ETDEWEB)

Miller, C.E. (Salford Univ. (UK). Environmental Health and Housing Div.)

1989-01-01

In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author).

Nuclear liabilities - nuclear insurance. Pt. 1

International Nuclear Information System (INIS)

Roesch, H.

1981-01-01

Too much emotion is involved in the topic of nuclear energy. This is often due to the fact that the persons involved lack of essential basic knowledge. This article and the following ones represent an attempt to offer a technically oriented introduction into the physical preconditions of the problems and the questions concerning matters of liability and insurance. (orig.) [de

Third party liability for nuclear damage

International Nuclear Information System (INIS)

Crancher, D.W.

1976-12-01

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

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

Directory of Open Access Journals (Sweden)

Natalia Saitarli

2015-08-01

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

Risk in Nuclear Industry. Liability for Nuclear Damage. Status of the Problem in the Russian Federation

International Nuclear Information System (INIS)

Kovalevich, Oleg M.; Gavrilov, Sergey D.; Voronov, Dmitry B.

2001-01-01

Russia is one of a few nuclear power states obtaining the whole number of nuclear fuel cycle (NFC) components - from mining of uranium and on-site electricity production, from NPP spent nuclear fuel processing and extracted fissile materials and radionuclides, which are available in industry, in medicine and in other relevant areas, to radioactive waste processing and disposal. For this reason it is very important to solve the problem of nuclear fuel cycle safety as it is a single system task with an adequate approach for all cycle components. The problem is that NFC facilities are technologically various and refer to different industries (mining, machinery engineering, power engineering, chemistry, etc.). Besides, the above facilities need the development of various scientific bases. The most NFC facilities is directly connected with peaceful use of nuclear energy and with military nuclear industry, as the defense orders stimulated the development of NFC. The specific attention to safety problems at the beginning of nuclear complex foundation adversely affected the state attitude towards the risk in nuclear industry, it has left the traces at present. In our paper we touch upon the problems of risk and the liability for nuclear damage for the third persons. The problems of nuclear damage compensation for nuclear facilities personnel and for the owners (operating organizations) are beyond our subject

Nuclear Liability Legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

1998-01-01

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

The Liabilities Management Group

International Nuclear Information System (INIS)

Whitehead, A.W.

1998-01-01

The Liabilities Management Group (LMG) was initiated by DTI. It is a cooperative forum which was set up in 1995. The current participants are DTI, UKAEA, NLM (for BNFL), MOD and Magnox Electric. The LMG was initiated to produce closer cooperation between public sector liability management organizations, achieve more cost-effective management of UK nuclear liabilities and enhance development of the UK nuclear decommissioning and waste management strategy. The objectives are to compare practices between liabilities management organizations discuss the scope for collaboration identify priority areas for possible collaboration agree action plans for exploring and undertaking such collaboration.Four task forces have been formed to look at specific areas (R and D, safety, contracts, and project management) and each reports separately to the LMG. The LMG has achieved its original aim of bringing together those with public sector liability management responsibilities. All participants feel that the LMG has been useful and that it should continue. Looking to the future, there is a continuing need for the LMG to facilitate removal of barriers to the achievement of best value for money. The LMG might also consider addressing the 'business process' elements that a liability management organization must be good at in order to define best practice in these. (author)

Information Processing and Limited Liability

OpenAIRE

Bartosz Mackowiak; Mirko Wiederholt

2012-01-01

Decision-makers often face limited liability and thus know that their loss will be bounded. We study how limited liability affects the behavior of an agent who chooses how much information to acquire and process in order to take a good decision. We find that an agent facing limited liability processes less information than an agent with unlimited liability. The informational gap between the two agents is larger in bad times than in good times and when information is more costly to process.

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

International Nuclear Information System (INIS)

Hohlefelder, W.

1984-01-01

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

Understanding legacy liabilities

Energy Technology Data Exchange (ETDEWEB)

Ossi, G.J. [Venable, LLP (United States)

2005-08-01

Among the most immediate issues facing operations with a workforce represented by the United Mine Workers of America (UMWA) are the so-called 'legacy liabilities'. Legacy liabilities fall under two categories: retiree health care and pension. The retiree health benefit obligations fall into two categories; statutory - those created under the Coal Industry Retiree Health Benefit Act of 1992 and contractual - the 1993 Employer Benefit Plan and the Individual Employer Plans. The pension liabilities are more straightforward; there are three different retirement plans in the NBCWA; the UMWA 1950 Pension Plan, the UMWA 1974 Pension Plan and the UMWA Cash Deferred Savings Plan of 1988.

General Principles Governing Liability

International Nuclear Information System (INIS)

Reyners, P.

1998-01-01

This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

A Case of Mistaken Identity? A Comparison of Professional and Amateur Problem Gamblers.

Science.gov (United States)

Hing, Nerilee; Russell, Alex M T; Gainsbury, Sally M; Blaszczynski, Alex

2016-03-01

Professional gamblers are more likely than amateur gamblers to meet criteria for problem gambling but minimal research has examined their gambling behavior and its consequences. This study compared gambling behavior, problem gambling symptoms, related harms, recognition, and help-seeking among problem semi/professional gamblers (PPGs/PSPGs) and problem amateur gamblers (PAGs). Surveys completed by 57 self-identified professional gamblers, 311 semi-professional gamblers and 4226 amateur gamblers were analysed. PPGs/PSPGs were significantly more likely than PAGs to be male, younger, never married, speak a language other than English at home, and have higher psychological distress, compared to PAGs. PPGs/PSPGs were more likely to gamble more frequently on many skills-based forms, but most also participated in several chance-based forms. PPGs'/PSPGs' most common problematic gambling form was electronic gaming machines and they were more likely to have problems with sports betting than PAGs. Most PPGs/PSPGs reported coming out behind on all gambling forms over the previous year. PPGs/PSPGs were more likely than PAGs to report chasing losses and numerous detrimental financial gambling consequences. This group's self-identification as PPGs/PSPGs is clearly inaccurate and perhaps a means to avoid stigma, elevate status and support problem denial. PPGs/PSPGs may represent an extreme example of gamblers with erroneous cognitions and beliefs who lack the required discipline and skill to be successful professional gamblers. The findings identify a group of problem gamblers who may benefit from interventions to dispel their mistaken self-identity, and emphasize the need for more rigorous confirmation of professional gambler status in future research.

Report by the Nuclear Liability Commission

International Nuclear Information System (INIS)

2003-01-01

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

The modernization of the international nuclear third party liability regime - does exclusive liability still make sense?

International Nuclear Information System (INIS)

Kolehmainen, H.

2000-01-01

In order to create a perspective for the presentation, it might be useful to recall the general aims and purposes of the existing system for exclusive liability in the international nuclear liability regime. As is well-known, the compensation system is based on two conventions (The Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963). The norms in these Conventions define the level at which the compensation system for nuclear accidents is based. The international co-operation which resulted in the conventions was inspired by the aim to construct a system which awards a fair and sufficient compensation for the victims of a nuclear accident. Secondly, the aim was to promote the peaceful use of nuclear energy. The purpose was also to harmonize regulations concerning nuclear energy. The preparatory works for these conventions demand a general goal to balance the interests of the potential victims of a nuclear accident and the interest of society to promote the peaceful use of nuclear energy. National legislation on nuclear third party liability is based on these conventions. There are four basic principles which guide the normative framework of these conventions. The liability of the operator of a nuclear installation is not based on fault but is strictly based on its nature. Secondly, the liability is restricted to a certain sum per accident. Thirdly, the liability of the operator ought to be covered by insurance or state guarantee. Fourthly, the liability is channeled exclusively to the operator of a nuclear plant, meaning that there are no other persons to be held liable for a possible nuclear accident. Any new orientation on third party liability for nuclear damages should be within the context of existing regulations in the field. Exceptions from established international principles in the area of nuclear liability should be openly discussed and their consequences

The Consumer Protection Act: No-fault liability of health care providers

OpenAIRE

Slabbert, M Nöthling; Pepper, Michael S

2011-01-01

The introduction of no-fault or strict liability by the Consumer Protection Act 68 of 2008 (CPA) poses serious problems in the health care context. With a patient as a consumer' in terms of the CPA, health care practitioners may find themselves as suppliers' or retailers' as part of a supply chain, and potentially liable for harm and loss suffered by a patient in terms of the new no-fault liability provision. The claimant (patient) can sue anyone in the supply chain in terms of this provision...

Medical liability and health care reform.

Science.gov (United States)

Nelson, Leonard J; Morrisey, Michael A; Becker, David J

2011-01-01

We examine the impact of the Affordable Care Act (ACA) on medical liability and the controversy over whether federal medical reform including a damages cap could make a useful contribution to health care reform. By providing guaranteed access to health care insurance at community rates, the ACA could reduce the problem of under-compensation resulting from damages caps. However, it may also exacerbate the problem of under-claiming in the malpractice system, thereby reducing incentives to invest in loss prevention activities. Shifting losses from liability insurers to health insurers could further undermine the already weak deterrent effect of the medical liability system. Republicans in Congress and physician groups both pushed for the adoption of a federal damages cap as part of health care reform. Physician support for damages caps could be explained by concerns about the insurance cycle and the consequent instability of the market. Our own study presented here suggests that there is greater insurance market stability in states with caps on non-economic damages. Republicans in Congress argued that the enactment of damages caps would reduce aggregate health care costs. The Congressional Budget Office included savings from reduced health care utilization in its estimates of cost savings that would result from the enactment of a federal damages cap. But notwithstanding recent opinions offered by the CBO, it is not clear that caps will significantly reduce health care costs or that any savings will be passed on to consumers. The ACA included funding for state level demonstration projects for promising reforms such as offer and disclosure and health courts, but at this time the benefits of these reforms are also uncertain. There is a need for further studies on these issues.

Liability for the nuclear risk

International Nuclear Information System (INIS)

Faure, M.; Govaerts, P.; Malbrain, C.; Veuchelen, L.; Spriet, B.

1993-01-01

Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs

Liability for damage caused by shortage and failure to use necessary medical devices

Directory of Open Access Journals (Sweden)

Cvetković Mihajlo

2014-01-01

Full Text Available In order to provide for successful, safe and high quality medical services, health care institutions need to be equipped with adequate medical devices. For this reason, every medical institution is legally obliged to have relevant medical devices. In case a patient has been deprived of some medical service for the lack of necessary medical devices (which the institution has been obliged to provide, the medical institution is responsible for the damage and harm sustained by the patient. The responsibility implies non-contractual liability (in tort law or pre-contractual liability (in contract law. In both cases, the liability is based on the presumed culpability. In order to be excluded from liability, the medical institution has to prove that the patient has been deprived of medical service (or that the institution has refused to enter into a medical service provider agreement on justifiable grounds, i.e. due to the lack of necessary medical devices. On the other hand, in case the medial institutions fail to provide needed care or violate their obligation to use medical devices when necessary, it is regarded as medical negligence (professional error. In most cases, it implies the liability of medical institutions for damage, injury or harm caused to the patient by medical services provided without applying a relevant medical device, whose use has been medically indicated. The liability is even more substantial in cases where the medical device has been available but the medical institutions has not applied it in medial treatment (even though its use has been medically indicated; such conduct is qualified as gross negligence.

THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

Science.gov (United States)

Bărcan, Cristian

2015-01-01

Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

THE PROBLEMS OF PROFESSIONAL PUBLIC ACCREDITATION OF ADDITIONAL PROFESSIONAL EDUCATION PROGRAMS AND THE PROSPECTS OF ITS IMPLEMENTATION

Directory of Open Access Journals (Sweden)

Tatyana V. Matveeva

2015-01-01

Full Text Available Leading role in the process of development and improvement of modern Russian education plays an additional professional education, which, to the greatest extent, responds to the qualitative changes in the socio-economic relations in a rapidly changing world. The aim of this paper is to identify the organizational and legal problems of professional and public accreditation of additional professional education programs in Russia and the opportunities development of this institution in modern conditions. The scientific research problem was to justify the need for professional and public accreditation of additional professional education programs of modern universities on the basis of delegation of procedures for evaluating the quality of education by public authorities to the public expert organizations, which ensure the independence and objectivity of the decisions made by qualified experts using a standardized assessment tools and tech to meet the needs of all parties concerned for highly qualified professionals. Methods. Empirical and theoretical methods were applied in the process of solving the problems in the scientific work to achieve the objectives of the study and test the hypothesis of an integrated methodology. Theoretical research methods involve: analysis of different literary sources (including legislative and regulatory enactments of the Higher Authorities of the Russian Federation, regulatory enactments of the Ministry of General and Vocational Education of the Russian Federation, compilation, synthesis of empirical data, comparative analysis, and others. Empirical research methods include: observation, testing, interview, questionnaire, ranking, pedagogical experiment, analysis of the products of activity, method of expert evaluations, methods of mathematical statistics, and other. Results. The expediency of independent accreditation procedures is proved. The goals that need to be solved to enhance the competitiveness of

The problem of professional burnout in stress management

Directory of Open Access Journals (Sweden)

Makasheva Natalia

2016-01-01

Full Text Available The problem of professional burnout is extremely relevant in current stress management. By its nature, professional burnout is a unique type of stress syndrome that is characterized by emotional exhaustion. It leads to loss of energy and interest in one’s job. A burnout could be the result of such syndromes as – burnout and boreout. It could emerge as the reaction of the organism to the high working intensity and stress working conditions or due to the boredom and absence of the sphere for professional realization. Both syndromes negatively influence the professional activity and require serious research and an adequate approach to the study. Studies have been conducted in the higher educational environment and among production employees. The studies were conducted with the application of the existing tests for revealing the “boreout” and “burnout” syndromes. Studies have shown that the syndrome “burnout” is common among workers with free working regulations, whose work requires greater independence, initiative and responsibility. According to the results of the study, the employees who are more free in the performance of their professional duties (teachers, managers are less subjected to the boreout syndrome. For the prevention and control of professional burnout company management needs to apply the achievements of stress management.

The Limited Liability Company: An Analysis

OpenAIRE

Wayne Wells; Gary Yoshimoto

1993-01-01

In recent years, businesses in many states have been given the opportunity to select a new form in which to conduct business called the limited liability company. This form provides the advantage of the personal liability protection of a corporation, while being taxed as a partnership. If most states create the limited liability company and current issues of uncertainty are favorably resolved, the limited liability company should become the most advantageous business form for most small and m...

Coexistence or Conflict? A European Perspective on GMOs and the Problem of Liability

Science.gov (United States)

Rodgers, Christopher P.

2007-01-01

In March 2004, the U.K. government announced its intention to grant limited authorization for the growing of commercial genetically modified (GM) crops. This article reviews the potential liabilities that may arise from GM cropping, for environmental damage and for economic losses claimed by non-GM producers. It considers the application of the…

Civil liability on nuclear activities

International Nuclear Information System (INIS)

Bittar, C.A.

1982-01-01

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

Translating guilt: Identifying leadership liability for mass atrocity crimes

NARCIS (Netherlands)

Steer, C.E.

2014-01-01

The truism that crimes of mass atrocity are by definition collective may be one of the greater banes of criminal law lawyers attempting to solve the problem of liability. Collective crimes are familiar to all domestic criminal law systems, however the context in which mass atrocity takes place is

The Brussels I Regulation and Liability for Nuclear Damage

International Nuclear Information System (INIS)

Handrlica, J.

2010-01-01

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

Effectiveness of Existing International Nuclear Liability Regime

Energy Technology Data Exchange (ETDEWEB)

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

2015-10-15

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

Effectiveness of Existing International Nuclear Liability Regime

International Nuclear Information System (INIS)

Al-Doais, Salwa; Kessel, Daivd

2015-01-01

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

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

International Nuclear Information System (INIS)

Manninen, J.

1986-01-01

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

Including district heating pipelines in absolute liability laws

Energy Technology Data Exchange (ETDEWEB)

Gronau, W

1977-10-01

On January 1, 1978 the provisions of the Act Amending the Rules of Liability Damages have entered into force. Formally this means that the provisions of the Reich Liability Act (Reichshaftpflichtgesetz, RHG) and those of the Act on Liability with Respect to Property Damage of Railways and Tramways (SHG) are now combined under the new term of Liability Act (Haftpflichtgesetz). In material terms it means that the district heat industry with its supply pipelines is subject to absolute liability. This creates a liability situation for this industry which has been existing for the electricity and gas industries since 1943 as a result of an amendment of the Reich Liability Act.

Reasonable Foreseeability and Liability in Relation to Genetically Modified Organisms

Science.gov (United States)

Khoury, Lara; Smyth, Stuart

2007-01-01

This article examines problems that may arise when addressing liability resulting from the genetic modification of microbes, animals, and plants. More specifically, it evaluates how uncertainties relating to the outcomes of these biotechnological innovations affect--or may affect--the courts' application of the reasonable foreseeability…

12 CFR 965.2 - Authorized liabilities.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Authorized liabilities. 965.2 Section 965.2 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOME LOAN BANK LIABILITIES SOURCE OF FUNDS § 965.2 Authorized liabilities. As a source of funds for business operations, each Bank is authorized to...

12 CFR 229.21 - Civil liability.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

State and supplementary civil liability insurance: the example of swiss nuclear liability law

International Nuclear Information System (INIS)

Buehlmann, W.A.

1993-01-01

This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

75 FR 76946 - Demurrage Liability

Science.gov (United States)

2010-12-10

... because the warehouseman--which otherwise has no incentive to agree to liability--can avoid liability... based on an unjust enrichment theory? The court rejected such an approach in Middle Atlantic, 353 F...

Nuclear damage - civil liability

International Nuclear Information System (INIS)

Simoes, A.C.

1980-01-01

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

Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues

DEFF Research Database (Denmark)

Ulfbeck, Vibe Garf; Andrecka, Marta

2017-01-01

there is no contract between the individual and the private service provider there may be several obstacles to a claim against the private service provider based on contract. At the same time it is a general tort law principle that there is no vicarious liability for independent contractors, making it difficult also......The article discusses liability issues related to the contracting out of welfare services. It focuses on the possible liability of the private actor and of the public entity towards the individual (the citizen) for non- performance or malperformance of the welfare service. It is argued that since...... to succeed with a claim against the public entity based on tort law. Thus, a liability gap seems to exist. However, the article demonstrates that there are signs in different jurisdictions that solutions are being found in case law to this problem allowing to some extent for the imposition of some kind...

The hidden carbon liability of Indonesian palm oil

Energy Technology Data Exchange (ETDEWEB)

NONE

2008-05-15

This report highlights the urgent need for global palm oil consumers and investors to support Unilever's call for an immediate moratorium on deforestation and peatland clearance in Indonesia. This report focuses on Unilever, which shares major institutional investors with other leading corporations including Nestle, Procter and Gamble and Kraft. Not only do these corporations share investors, they also share growing carbon liability within their raw material supply chains through the expansion in the palm oil sector in Indonesia. Unilever has recognised the global problems associated with palm oil expansion and the need for drastic reform to this sector. Unilever has taken a bold move in calling for an immediate moratorium on deforestation and peatland clearance. While Unilever's position is strengthened by its status as the largest palm oil consumer in the world, this report shows how, unless companies like Nestle, Procter and Gamble and Kraft support its call for a halt to deforestation, the palm oil industry will continue to present a massive carbon liability over the coming years. This report uses Unilever's palm oil supply chains as a case study to help quantify the carbon liability and collateral risks associated with the Indonesian palm oil sector. It shows how, by buying palm oil from suppliers who account for more than one-third of Indonesia's palm oil production, Unilever and its competitors are increasing their potential carbon liability and thus leaving investors exposed to potentially significant levels of hidden risk, compromising long-term financial and brand stability.

Joint liability lending and the peer selection effect

NARCIS (Netherlands)

Gangopadhyay, S; Ghatak, M; Lensink, R

2005-01-01

We show that the joint liability lending contracts derived in Ghatak (2000) violate an ex post incentive-compatibility constraint which says that the amount of joint liability cannot exceed the amount of individual liability. We derive and characterise optimal separating joint liability contracts

Navigating Bioethical Waters: Two Pilot Projects in Problem-Based Learning for Future Bioscience and Biotechnology Professionals.

Science.gov (United States)

Berry, Roberta M; Levine, Aaron D; Kirkman, Robert; Blake, Laura Palucki; Drake, Matthew

2016-12-01

We believe that the professional responsibility of bioscience and biotechnology professionals includes a social responsibility to contribute to the resolution of ethically fraught policy problems generated by their work. It follows that educators have a professional responsibility to prepare future professionals to discharge this responsibility. This essay discusses two pilot projects in ethics pedagogy focused on particularly challenging policy problems, which we call "fractious problems". The projects aimed to advance future professionals' acquisition of "fractious problem navigational" skills, a set of skills designed to enable broad and deep understanding of fractious problems and the design of good policy resolutions for them. A secondary objective was to enhance future professionals' motivation to apply these skills to help their communities resolve these problems. The projects employed "problem based learning" courses to advance these learning objectives. A new assessment instrument, "Skills for Science/Engineering Ethics Test" (SkillSET), was designed and administered to measure the success of the courses in doing so. This essay first discusses the rationale for the pilot projects, and then describes the design of the pilot courses and presents the results of our assessment using SkillSET in the first pilot project and the revised SkillSET 2.0 in the second pilot project. The essay concludes with discussion of observations and results.

Examining the design features of a communication-rich, problem-centred mathematics professional development

Science.gov (United States)

de Araujo, Zandra; Orrill, Chandra Hawley; Jacobson, Erik

2018-04-01

While there is considerable scholarship describing principles for effective professional development, there have been few attempts to examine these principles in practice. In this paper, we identify and examine the particular design features of a mathematics professional development experience provided for middle grades teachers over 14 weeks. The professional development was grounded in a set of mathematical tasks that each had one right answer, but multiple solution paths. The facilitator engaged participants in problem solving and encouraged participants to work collaboratively to explore different solution paths. Through analysis of this collaborative learning environment, we identified five design features for supporting teacher learning of important mathematics and pedagogy in a problem-solving setting. We discuss these design features in depth and illustrate them by presenting an elaborated example from the professional development. This study extends the existing guidance for the design of professional development by examining and operationalizing the relationships among research-based features of effective professional development and the enacted features of a particular design.

Nuclear liability legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

2000-01-01

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

Liability and Insurance for Suborbital Flights

Science.gov (United States)

Masson-Zwaan, T.

2012-01-01

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

Spectral decomposition of optimal asset-liability management

NARCIS (Netherlands)

Decamps, M.; de Schepper, A.; Goovaerts, M.

2009-01-01

This paper concerns optimal asset-liability management when the assets and the liabilities are modeled by means of correlated geometric Brownian motions as suggested in Gerber and Shiu [2003. Geometric Brownian motion models for assets and liabilities: from pension funding to optimal dividends.

Management of nuclear liabilities in Germany

International Nuclear Information System (INIS)

Roser, T.

1995-01-01

The management of nuclear liabilities in the Federal Republic of Germany is explored in this article. The intermediate storage and final disposal of spent fuels from the country's twenty nuclear power stations is discussed. Flexible solutions to the changing problems of nuclear fuel cycle economics are needed. Financing the back end of the nuclear power station lifetimes is currently underfunded. Monies should be accumulated during the plant's active life. The political, technical, legal and economic aspects of the nuclear industry must also be included. (UK)

Developing critical reflection for professional practice through problem-based learning.

Science.gov (United States)

Williams, B

2001-04-01

To explore the influence of current learning traditions in nursing on the development of reflection and critical reflection as professional practice skills and to offer suggestions for nursing education that will specifically facilitate the development of critical reflection. ORGANIZATIONAL CONSTRUCTS: Mezirow's transformative learning theory, Barrows conceptualization of problem-based learning (PBL). Integrative literature review of published literature related to nursing, health science education and professional education from 1983-2000. Professional education scholars concur that specialized knowledge is clearly essential for professional practice, however, they also suggest that self-consciousness (reflection) and continual self-critique (critical reflection) are crucial to continued competence. While strategies to facilitate reflection have been outlined in the literature, specific strategies to facilitate the development of critical reflection and implications for nursing education are much less clear. Advocates of reflective and critically reflective practice suggest that the development of these abilities should be inextricably linked to professional development and can be developed through active repeated guided practice. In health care, PBL based on constructivism, has been identified as one way to facilitate the development of these skills. Nursing learners exposed to PBL develop the ability to be reflective and critically reflective in their learning and acquire the knowledge and skill within the discipline of nursing by encountering key professional practice situations as the stimulus and focus of their classroom learning. The learners' ability to be both reflective and critically reflective in their learning is developed by critical questioning of the faculty tutor during situational analysis, learning need determination, application of knowledge, critique of resources and personal problem-solving processes, and summarization of what was learned.

Paris and Vienna nuclear liability conventions: challenges for insurers

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2004-01-01

Insurers have actively contributed to the negotiations on the revision of the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy. In the course of these negotiations they have pointed out that some of the proposals for revision may have consequences for insurers and could prove incapable of finding insurance support. This paper aims at explaining the revision related points, which could cause problems in respect of insurability. Furthermore, the writer takes the liberty to expand its scope to more generally include developments, which have the potential to influence the availability of insurance capacity. Therefore, also the insurance implications of terrorist acts combined with share market developments of recent years will be dealt with.(author)

Civil Liability for Environmental Damages

Directory of Open Access Journals (Sweden)

Daniela Ciochină

2012-05-01

Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

Reflections of Civil and Criminal Liability in Obstetrical Violence Cases

Directory of Open Access Journals (Sweden)

Roberto Carvalho Veloso

2016-10-01

Full Text Available Obstetric violence is characterized by the imposition of interventions harmful to the physical and psychological integrity of pregnant women, perpetrated by health professionals and institutions (public and private in which such women are assisted. This paper aims to discuss the civil and criminal liability in cases of obstetric violence, from the judgments of the Supreme Court (STF, Superior Court of Justice (STJ and the Courts of Justice (TJs of the Rio Grande do Sul State and Minas Gerais, in order to identify the nature of the punishment and characterization of obstetric violence.

Professional writers and empathy: Exploring the barriers to anticipating reader problems

NARCIS (Netherlands)

de Jong, Menno D.T.; Lentz, Leo

2007-01-01

Research has shown that professional writers cannot accurately predict the problems readers will experience when using functional documents. In this paper, we give an overview of reasons why it can be so hardfor writers to anticipate reader problems. We elaborate on the concept of empathy, and

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

International Nuclear Information System (INIS)

Tetley, M.

2006-01-01

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

Professional use of social media by pharmacists.

Science.gov (United States)

Barry, Arden R; Pearson, Glen J

2015-01-01

A recent trend among health care professionals is the use of social media for professional purposes. These rapidly expanding media allow for timely and efficient access to health information, but they also carry the potential for increased liability. There is a paucity of research detailing how health care professionals, specifically pharmacists, use social media. To characterize the use of social media by pharmacists in the Canadian province of Alberta and to identify independent determinants of and perceived barriers to using social media for professional purposes. Data for this mixed-methods study were collected by an online survey in March and April 2014. Alberta pharmacists were invited to participate via e-mail distributed by 2 professional organizations. The survey had 273 respondents. Of these, 226 (82.8%) stated that they had a social media account for either personal or professional purposes, and 138 (61.1%) of these reported using social media for professional purposes, although most respondents used social media predominantly for personal reasons. The most commonly reported social media applications were Facebook and Twitter, accessed primarily via smartphones. Of the 273 respondents, 206 (75.5%) had a Facebook account, and 101 (49.0%) of these used Facebook to some extent for professional purposes. Twitter users (104 [38.1%] of respondents) had a higher rate of professional utilization (57/104 [54.8%]). The most commonly identified barrier to using social media for professional purposes was concern over liability. Positive predictors of use of social media for professional purposes included younger age and fewer years of professional experience. Participants perceived the most beneficial aspect of social media (in professional terms) as connecting with pharmacist colleagues. More than 80% of pharmacists in Alberta reported that they had a social media account, and over half of them reported using their accounts for professional purposes. Although

Nuclear liability insurance problems and trends as seen by the European utilities

International Nuclear Information System (INIS)

Gulck, Albert van.

1978-01-01

After recalling the basic principles of nuclear civil liability conventions, the author describes the different types of damage presently covered by nuclear insurance. Also, a Study Committee was created in Western Europe in 1974 to examine the possibility of setting up a mutual pool to cover risks such as fire and property damage in nuclear installations. In the immediate future machinery breakdown and all risk coverage on-site will not be covered. This mutual pool will widen the nuclear insurance market in the coming decades. (NEA) [fr

BNFL nuclear decommissioning liabilities management program

International Nuclear Information System (INIS)

Colquhoun, A.P.

1995-01-01

The objective of this paper is to describe BNFL's policy and strategy for decommissioning and also to summarize the overall scope of nuclear liabilities in the wider field of waste retrieval and storage, as well as the dismantling and demolition aspects of decommissioning. BNFL's recently established organisational arrangements for discharging all types of these liabilities are explained, together with a review of practical progress in dealing with them. Organisational changes in recent years have amalgamated decommissioning work with operations covering waste storage and retrieval operations. A strategy of minimising residual activity in shutdown plants is pursued, followed by dismantling and demolition on appropriate time scales to minimise risk and cost. Since April 1995, a new BNFL subsidiary, Nuclear Liabilities Management Company Limited has taken responsibility for discharge of BNFL's Waste Retrieval and Decommissioning liabilities on all BNFL sites. NLM has the objectives of optimal and lowest cost management of liabilities and much clearer segregation of physical operations from project specification and planning. The Ministry of Defense (MoD) policy, strategy, work programmes and progress for the Atomic Weapons Establishment (AWE) are also outlined. MoD/AEA has established an equivalent strategy for dealing with its liabilities. (J.S.). 5 refs., 2 figs., 4 appends

Third Party Liability governing Dangerous and Nuclear Activities

International Nuclear Information System (INIS)

Di Martino, Vittorio.

1979-01-01

The introductory chapters of this book analyse the concept of fault as a basis for third party liability and the evolution of jurisprudence and doctrine towards the concept of absolute liability. The following part covers the Italian system of liability for hazardous activities. The nuclear third party liability system is then analysed according to existing international conventions and nuclear legislation in several countries. The Appendix contains various legislative and regulatory texts on nuclear third party liability in Italy and in other countries which provide for special legislation in this field. (NEA) [fr

Market Research of the Russian National and Regional Aspects of Builders Liability Insurance

Directory of Open Access Journals (Sweden)

Aleksander Andreevich Tsyganov

2016-06-01

Full Text Available The article studies the ways and level of the protection of the rights of shared construction participants in Russia, and the utilization of builders liability insurance for the purpose to identify the problem regions and the prospects of the development of mechanisms ensuring the liability of developers. The basis for the article was the study of real estate developers in 15 cities with the population over 1 million people. The article presents the data of the types of fund raising for building housing in the cities with the population over 1 million people, the regional differentiation in this parameter is highlighted. The article has explored the implementation of mechanisms ensuring the liability of developers for transfering premises to the shareholders. The main factors considered in the article are the form of registration of the relationship between a developer and an individual — an investor, as well as the mechanisms ensuring the liability of developers. It is shown that in some regions, the level of protection of the participants of shared construction is low. The mechanisms ensuring the liability of developers including the legal requirements for liability insurance and guarantee of credit institution are systematized. In the article, the key term of the liability insurance of builders for default on obligations or improperly performing the obligations on the delivery of residential properties, and also the condition of the guarantee of credit institution on the delivery of residential properties are considered. The regional features of how people participate in the construction of housing are described in the context of mechanisms ensuring the liability of developers. The use of various ensuring mechanisms, the differences in insurance by the commercial organizations and by joining the mutual society are shown. The results of the study can be used at the correction of the state and regional policy in the field of housing

Fusion energy and nuclear liability considerations

International Nuclear Information System (INIS)

Fork, William E.; Peterson, Charles H.

2014-01-01

For over 60 years, fusion energy has been recognised as a promising technology for safe, secure and environmentally-sustainable commercial electrical power generation. Over the past decade, research and development programmes across the globe have shown progress in developing critical underlying technologies. Approaches ranging from high-temperature plasma magnetic confinement fusion to inertial confinement fusion are increasingly better understood. As scientific research progresses in its aim to achieve fusion 'ignition', where nuclear fusion becomes self-sustaining, the international legal community should consider how fusion power technologies fit within the current nuclear liability legal framework. An understanding of the history of the civil nuclear liability regimes, along with the different risks associated with fusion power, will enable nations to consider the proper legal conditions needed to deploy and commercialise fusion technologies for civil power generation. This note is divided into three substantive parts. It first provides background regarding fusion power and describes the relatively limited risks of fusion technologies when compared with traditional nuclear fission technologies. It then describes the international nuclear liability regime and analyses how fusion power fits within the text of the three leading conventions. Finally, it examines how fusion power may fall within the international nuclear liability framework in the future, a discussion that includes possible amendments to the relevant international liability conventions. It concludes that the unique nature of the current civil nuclear liability regime points towards the development of a more tailored liability solution because of the reduced risks associated with fusion power. (authors)

Future financial liabilities of nuclear activities

International Nuclear Information System (INIS)

1996-01-01

This report deals with future financial liabilities arising from nuclear activities, in particular electricity generation. Future financial liabilities are defined as costs which an organisation or company is expected to meet beyond some five years as a consequence of its current and past activities. The study provides a comprehensive picture on policies for recognizing and funding future financial liabilities arising from nuclear activities and their implementation schemes in Nea Member countries. Mechanisms for reporting and funding future financial liabilities are described, analysed and compared. The report offers some findings, conclusions and recommendations for consideration by Member countries. The nuclear activities considered in the report include nuclear research and development, nuclear industry sectors such as uranium mining and milling, conversion and enrichment, nuclear fuel fabrication, nuclear power plant operation and maintenance, and radioisotopes production. Future financial liabilities arising from these activities cover management and disposal of radioactive wastes, reprocessing of spent fuels when applicable and decommissioning of facilities at the end of their life time. 12 refs., 14 figs., 16 tabs

Professional, legal, and ethical issues raised by behavioral screening for unescorted access to nuclear power plants

International Nuclear Information System (INIS)

Hurst, M.W.; Roiter, W.A.

1985-01-01

Potential professional, legal, and ethical liabilities are addressed concerning the overall process for unescorted access at nuclear power plants. The authors suggest means by which action can be taken to reduce liability on behalf of utilities, contractors, and behavioral evaluators. Three main points are discussed based on the authors' experience in conducting behavioral evaluations and defending those evaluations. The authors hope that the process of evaluation screening can become more professional and will be considered with the same quality controls as the selection of materials and the building of a nuclear power plant

Direct liability of corporations and their personnel under CERCLA

International Nuclear Information System (INIS)

Landreth, L.W.

1991-01-01

The prevailing liability theory applied to those persons who have caused, through their action or inaction, the release of a hazardous substance is that CERCLA provides a statutory basis for direct personal liability This direct avenue to liability is in conflict with well-settled principles of corporate limited liability. This paper discusses the impact CERCLA has had on the common law concepts of liability for corporations and their members

Civil Liability And Indemnity For Moral Damage In Labour Law: Application Of The Doctrine Of Punitive Damages

Directory of Open Access Journals (Sweden)

Elizabete Geremias

2016-12-01

Full Text Available This paper aims to explain and analyze the importance of the civil liability under labour law with particular emphasis on the application of the doctrine of "punitive damages" as a breakthrough for the development of Brazilian law in the field of solutions to real problems to the fundamental rights at work. The problem of the research is to identify the application of the doctrine of "punitive damages", its justification under the system of civil liability and, in particular, its applicability as a defense mechanism for fundamental rights at work. The research is descriptive and explanatory, documentary-bibliographical.

APPLYING PROFESSIONALLY ORIENTED PROBLEMS OF MATHEMATICAL MODELING IN TEACHING STUDENTS OF ENGINEERING DEPARTMENTS

Directory of Open Access Journals (Sweden)

Natal’ya Yur’evna Gorbunova

2017-06-01

Full Text Available We described several aspects of organizing student research work, as well as solving a number of mathematical modeling problems: professionally-oriented, multi-stage, etc. We underlined the importance of their economic content. Samples of using such problems in teaching Mathematics at agricultural university were given. Several questions connected with information material selection and peculiarities of research problems application were described. Purpose. The author aims to show the possibility and necessity of using professionally-oriented problems of mathematical modeling in teaching Mathematics at agricultural university. The subject of analysis is including such problems into educational process. Methodology. The main research method is dialectical method of obtaining knowledge of finding approaches to selection, writing and using mathematical modeling and professionally-oriented problems in educational process; the methodology is study of these methods of obtaining knowledge. Results. As a result of analysis of literature, students opinions, observation of students work, and taking into account personal teaching experience, it is possible to make conclusion about importance of using mathematical modeling problems, as it helps to systemize theoretical knowledge, apply it to practice, raise students study motivation in engineering sphere. Practical implications. Results of the research can be of interest for teachers of Mathematics in preparing Bachelor and Master students of engineering departments of agricultural university both for theoretical research and for modernization of study courses.

The Legal Past, Present and Future of Prenatal Genetic Testing: Professional Liability and Other Legal Challenges Affecting Patient Access to Services

Directory of Open Access Journals (Sweden)

Deborah Pergament

2014-12-01

Full Text Available This chapter is an overview of the current status of the law in the United States regarding prenatal genetic testing with an emphasis on issues related to professional liability and other challenges affecting patient access to prenatal genetic testing. The chapter discusses the roles that federal regulations, promulgated by the Centers for Medicare and Medicaid Services (CMS, the Food and Drug Administration (FDA and the Federal Trade Commission (FTC, play in the regulation of prenatal genetic tests. The chapter discusses tort litigation based on allegations of malpractice in the provision of prenatal genetic testing and how courts have analyzed issues related to causation, damages and mitigation of damages. The chapter provides reference information regarding how individual states address causes of action under the tort theories of wrongful birth and wrongful life. The chapter concludes with a discussion of future legal issues that may affect clinical prenatal genetic testing services arising from the continued expansion of prenatal genetic testing, legal restrictions on access to abortion and the potential development of embryonic treatments.

Developing Creative Problem Solving and Professional Identity through ICT in Higher Education

DEFF Research Database (Denmark)

Horn, Line Helverskov; Khalid, Md. Saifuddin

2017-01-01

This chapter regards creative problem solving as a professional identity skill that can be fostered by creative learning environments supported by ICT. A systematic literature review is provided in order to build relationships between creative problem solving, creative learning environments, ICT,...

Developing Creative Problem Solving and Professional Identity through ICT in Higher Education

DEFF Research Database (Denmark)

Horn, Line Helverskov; Khalid, Md. Saifuddin

2016-01-01

This chapter regards creative problem solving as a professional identity skill that can be fostered by creative learning environments supported by ICT. A systematic literature review is provided in order to build relationships between creative problem solving, creative learning environments, ICT,...

Nuclear third party liability under Polish law

International Nuclear Information System (INIS)

Lewaszkiewic-Petrykowska, B.

1988-01-01

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

Limiting the liability of the nuclear operator

International Nuclear Information System (INIS)

Reyners, P.

1986-01-01

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

FEATURES OF ACCOUNTING ORGANIZATION OF LIABILITIES FOR TAXES AND DUTIES UNDER CIRCUMSTANCES OF ENVIRONMENTAL POLICY IMPLEMENTATION IN UKRAINE

Directory of Open Access Journals (Sweden)

T. Murovana

2013-05-01

Full Text Available The main problems of accounting organization of liabilities for taxes and duties under current complicated economic and environmental conditions were investigated. Measures for improving tax calculation reflecting, environmental tax and other environmental liabilities in accounting, tax and financial reporting in order to simplify the accounting process, improve organization of business activities, ensure implementation of environmental policy balance were developed.

[Beginners' operations and medical specialist standards : Avoidance of criminal liability and civil liability].

Science.gov (United States)

Schneider, H

2018-05-16

In all phases, patients are entitled to receive medical treatment according to medical specialist standards. This does not mean that patients necessarily have to be treated by a medical specialist. Operations performed by "beginners", e. g. assistant physicians, are permitted. However, there are increased liability risks, both for the specialist and the assistant physician. Furthermore, there are risks of criminal responsibility for causing bodily harm by negligence or negligent manslaughter. This article portrays the requirements of civil liability and criminal responsibility concerning beginners' operations on the basis of cases and judgments of the Federal Court and the Higher Regional Courts in Germany. Additionally, the reception of the jurisprudence by the relevant legal literature will be discussed. Jurisprudence and legal literature categorize breaches of duty of care. Assistant physicians can be subject to contributory negligence liabilities, while specialists can bear liabilities for negligent selection, organization or supervision. Responsible specialist and assistant physicians can protect themselves (and the patient) and avoid legal risks by only performing operations adequate to their educational level or by delegating operations to beginners and ensuring intervention by a specialist by supervision of the operation which is suitable to the assistant physician's level of education.

Legal liability and claims for the hotel industry

OpenAIRE

Dimcho Todorov

2017-01-01

The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

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

International Nuclear Information System (INIS)

Novotna, Marianna

2016-01-01

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

Liability for nuclear damage. An international perspective

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

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

Liability exposure for surgical robotics instructors.

Science.gov (United States)

Lee, Yu L; Kilic, Gokhan; Phelps, John Y

2012-01-01

Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks. Published by Elsevier Inc.

Liability for on-site nuclear property damage

International Nuclear Information System (INIS)

Neems, H.J.

2000-01-01

Typically, liability for on-site property addressed in contracts between operator and its suppliers. Nuclear power plant operators ordinarily protect themselves against risk of nuclear damage to on-site property by insurance. Nuclear liability laws do not specifically address liability for nuclear damage to on-site property. Nuclear plant owners should address risk of damage to on-site property when developing risk management program

Looking at nuclear liability and insurance in Russia

International Nuclear Information System (INIS)

Schwartz, J.

1997-01-01

A recent seminar in Moscow has addressed the issue of nuclear liability and insurance in the Russian nuclear industry since the breakup of the Soviet Union. The potential benefits of joining the international liability regime and adopting comprehensive nuclear liability legislation were discussed. The need to establish appropriate nuclear insurance structures and provide indemnity to cover the liability were also debated. Whether these changes can be put into action or not is less certain than the need for them. (UK)

Focus on the future of nuclear liability law

International Nuclear Information System (INIS)

Pelzer, N.

2000-01-01

The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

46 CFR 5.69 - Evidence of criminal liability.

Science.gov (United States)

2010-10-01

... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

Intangible liabilities: beyond models of intellectual assets

OpenAIRE

García Parra, Mercedes; Simó Guzmán, Pep; Sallán Leyes, José María; Mundet Hiern, Joan

2009-01-01

Purpose – Most models of intellectual capital measurment equal intellectual capital with intellectual assets. Nevertheless, companies sometimes must incur liabilities to make intellectual assets truly actionable. This fact suggests the existence of intangible liabilities. The aim of this paper is to refine the methods of assessment of intellectual capital by refining and extending the concept of intangible liabilities. Design/methodology/approach – The paper consists of a literature revi...

Nuclear liability, nuclear safety, and economic efficiency

International Nuclear Information System (INIS)

Wood, W.C.

1980-01-01

This dissertation applies the methods of economic analysis to nuclear liability and Price-Anderson. First the legislative history is reviewed; in that history the economic role of liability in affecting safety and allocating risk was virtually ignored. Succeeding chapters reformulate issues from the policy debate and subject them to economic analysis. A persistent issue is whether nuclear utilities respond to their limited liability by allowing a higher probability of serious accident. Comparative-static analysis shows that limited liability does lead to a higher chance of accidents, though the effect may be small. The analysis also shows that safety is achieved in a more capital-intensive manner than is cost-minimizing and that limited liability causes reactor owners to favor more heavily populated sites for plants. Therefore, the siting decision makes potential loss greater even if there is no change in the probability of an accident. Citizens' preferences on nuclear liability are examined next, starting with the nature of coverage that would be just in the sense of contraction theories such as John Rawls' Theory of Justice. Citizens behind Rawls' veil of ignorance, forced to be fair because of their ignorance of whether they will be harmed, unanimously choose a high level of coverage. The just level of coverage is greater than the existing $560 million. Second, the nature of economically efficient liability coverage is determined and contrasted with coverage that would emerge from a democratic system of public choice. Population and expected damage profiles indicate that majorities could easily be formed among groups of citizens expecting to suffer little of the damage of a nuclear accident. Thus, majority voting on liability arrangements is likely to produce an inefficiently low level of coverage

Common Purpose Liability versus Joint Enterprise: A Practical View on the ICC's Hierarchy of Liability Theories

NARCIS (Netherlands)

Cupido, M.

2016-01-01

On 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory

Financial security for nuclear liability

International Nuclear Information System (INIS)

Francis, H.W.

1979-01-01

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

Liability in nuclear establishments

International Nuclear Information System (INIS)

Bockli, H.R.

1980-01-01

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

Basic Study on Term of Warranty Liability for Miscellaneous Work

Science.gov (United States)

Park, Junmo; Seo, Deokseok

2017-10-01

In Korea, defect lawsuits for apartment buildings, the most common housing style, are becoming a social issue. Among various issues in defect lawsuits, warranty of liability is very important. This is because the business entities are responsible for assuring the maintenance of the defects during this period, and at the same time, the residents can request fair compensation for the defects. However, provisions on the term of warranty of liability provided in the current Housing Act were made 40 years ago when the social basis were weak. Thus, it does not have any rational foundation. In order to improve these problems, basic research on the warranty of liability by major types of apartments is needed. In this study, the defect cases for miscellaneous works of apartments were examined and analyzed. Miscellaneous work consists of ondol work, kitchenware work, indoor and outdoor equipment work, and metallic work. Among them, kitchenware work and metallic work showed a lot of defects. On the other hand, warranty of liability covers up to 10 years in total. The defect occurrence for the entire miscellaneous work showed a tendency to concentrate in the first and the second year. It is the third year that the total defects reach 95%, and the fourth year that exceeds 99%. The ondol work, indoor and outdoor equipment work and metallic work had this tendency. On the other hand, for kitchenware work, it is the third year that the defect occurrence reaches 99%, and it implies that the defect tends to occur more quickly than in other detailed works.

Vicarious liability and criminal prosecutions for regulatory offences.

Science.gov (United States)

Freckelton, Ian

2006-08-01

The parameters of vicarious liability of corporations for the conduct of their employees, especially in the context of provisions that criminalise breaches of regulatory provisions, are complex. The decision of Bell J in ABC Developmental Learning Centres Pty Ltd v Wallace [2006] VSC 171 raises starkly the potential unfairness of an approach which converts criminal liability of corporations too readily into absolute liability, irrespective of the absence of any form of proven culpability. The author queries whether fault should not be brought back in some form to constitute a determinant of criminal liability for corporations.

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

International Nuclear Information System (INIS)

Pelzer, N.

1991-01-01

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

[The suffering of professionals working at home with families with multiple problems].

Science.gov (United States)

Lamour, Martine; Barraco-De Pinto, Marthe

2015-01-01

The management of families with multiple problems often adversely affects the many people involved in their case. This suffering at work affects particularly professionals carrying out home visits. Acknowledging this suffering, enabling these professionals to express and give meaning to their feelings is essential in order to enable them to draw on their skills and creativity. Copyright © 2015 Elsevier Masson SAS. All rights reserved.

26 CFR 50.5 - Liability for the tax.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

New Swiss legislation on nuclear third party liability

International Nuclear Information System (INIS)

Fischer, U.

1981-10-01

Following a description of the Paris Convention and Brussels Supplementary Convention system for nuclear third party liability and that prevailing until now in Switzerland, the paper reviews the new Swiss nuclear third party liability Bill prepared after a popular consultation. The new provisions are analysed and in particular, that providing for unlimited liability. (NEA) [fr

The Liability of the Employer and the Liability of the Employees between Civil Law and Labour Law

Directory of Open Access Journals (Sweden)

Alexandru POPA

2010-02-01

Full Text Available The working relationships based on the individual labour contract have an unprecedented aspect in civil law, namely, inequity of parts during the performance of the contract. This inequity is transposed in theoretical and applicative plan by the existence of the subordination report between the employer and employee. The lack of balance of the forces between the two parts of the contract constituted the necessary element for the birth of the new law branch which, by its settlements, to compensate this drawback. Though, in matter of liability, this “law of inequity” does not distinguish as a creator of new and independent institutions from “the general law”, apparently confining only at the removing or compensating the premises of the parts inequity. Thus, the Romanian labour law create a specific institution named patrimonial liability which involve applicable rules in the legal relationship arise from the individual labour contract that represent an exception from the common rules of the civil liability but does not completely delimit from it and using it as a decipherer resource of its elements and as supplement resource.The patrimonial liability does not exclude in all the situations the co-existence of other forms of civil, contravention or criminal liability if the necessary elements for their incidence occur.

Comment: Legal Liability as Climate Change Policy

OpenAIRE

Hilary Sigman

2007-01-01

Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy instrument for climate change. This brief comment considers the desirability of this approach, focusing on three possible roles for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as a means to facilitate the adoption of ex ante public policies to control greenhouse gases. The strongest argument for liability may ...

On the optimal environmental liability limit for marine oil transport

International Nuclear Information System (INIS)

Di Jin; Kite-Powell, H.L.

1999-01-01

Recent changes in the US liability regime for oil pollution damage have intensified a policy debate about environmental liability limits. Economic theory suggests that some type of limit may be needed under certain conditions, and that such a limit should be set so that the marginal social benefit and cost are equal. However, it is unclear how a liability limit may be determined specifically for tanker shipping in US waters. We first examine conditions under which corner solutions (no liability or unlimited liability) are desirable. We then formulate a model to determine a socially optimal liability limit for oil pollution damage in US waters when a non-zero, finite liability limit is desirable. The model captures the tradeoff between less expensive energy supply and more stringent protection of the marine environment. Numerical simulations illustrate the properties of the model and major factors affecting the public policy decision regarding a liability limit. (author)

Awareness of nutrition problems among Vietnamese health and education professionals.

Science.gov (United States)

Pham, Thi Hai Quynh; Worsley, Anthony; Lawrence, Mark; Marshall, Bernie

2017-10-01

Professionals who provide nutrition education and consulting to the public are encouraged to take into account the health, environmental and social contexts that influence health-related attitudes and behaviours in the population. This paper examined the awareness of shifts in population health outcomes associated with the nutrition transition in Vietnam among university nutrition lecturers, health professionals and school education professionals. Most of these professionals held accurate views of the current population health issues in Vietnam. However, they differed in their awareness of the seriousness of overweight and obesity. Although the majority indicated that the prevalence of obesity and non-communicable diseases (NCDs) had increased, nearly half believed that the government should complete its attempts to control undernutrition before trying to control obesity. More health professionals believed that food marketing was responsible for the growing prevalence of children's obesity, and more of them disapproved of the marketing of less healthy food to children. In contrast, the university nutrition lecturers were least aware of food marketing and the seriousness of obesity. Of the three groups, the university nutrition lecturers held less accurate perceptions of nutrition transition problems and their likely drivers. There is an urgent need for greater provision of public nutrition education for all three groups of professionals. © The Author 2016. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

43 CFR 29.7 - Imposition of strict liability.

Science.gov (United States)

2010-10-01

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

Liability versus innovation: the legal case for regenerative medicine.

Science.gov (United States)

Keren-Paz, Tsachi; El Haj, Alicia J

2014-10-01

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

The professors' juridical liability for the violation of ethics standards and professional deontology

Directory of Open Access Journals (Sweden)

L. MANEA

2017-07-01

Full Text Available In the higher education system in Romania, from the professors' perspective, the problem of ethical responsibility distinguishes among the didactic activities of the teaching staff, which is why the educational process must take place in a civilized and ethical environment based on mutual respect between professors and students, respectively between the scientific research activities of the teaching staff, from this perspective guaranteeing the good conduct of the professional in his/her scientific research activity. Both aspects regarding the ethical responsibility of the teaching staff in the higher education have been regulated since 2004, when an institutional reform was being carried out on the entire territory of Romania on the introduction of ethical codes as ethical tools for regulating from that perspective in particular the professions in the public domain.

[Aesthetic medicine and aspects related to liability, medical professional and social law].

Science.gov (United States)

Jansen, Christoph

2006-01-01

There are no special legal arrangements for the field of aesthetic medicine; rather, the general medico-legal regulations apply although they raise specific questions as far as aesthetic medicine is concerned. Legally, a contract exists between physician and patient which is also applicable to aesthetic medicine. This means that the physician owes the patient only the provision of a proper, non-defective service, but does not need to guarantee that it actually leads to the desired outcome. Before performing a medically non-indicated procedure the physician is obliged to provide the patient with particularly thorough information about this procedure. Various problems and issues are raised by the advertising limitations for medical professionals and the maintenance of the boundaries confining the special field of aesthetic medicine. Medically indicated procedures are suitable for statutory reimbursement if the patient suffers from "physical disfigurement" or somatic complaints that lead to considerable impairment and if there are no other, cheaper treatment options available.

Progress towards a global nuclear liability regime

International Nuclear Information System (INIS)

2014-01-01

During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

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

International Nuclear Information System (INIS)

Reyners, P.

1992-01-01

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

26 CFR 1.752-2 - Partner's share of recourse liabilities.

Science.gov (United States)

2010-04-01

... creditor's right to repayment of a partnership liability is limited solely to one or more assets of the... partnership liability equals the portion of that liability, if any, for which the partner or related person... risk of loss for a partnership liability is made under the rules in paragraphs (b) through (k) of this...

Current US nuclear liability regime

International Nuclear Information System (INIS)

Brown, O.F.

2000-01-01

The Price-Anderson Act Adopted by US Congress in 1957 as the world's first national nuclear liability regime. It is a comprehensive, complicated and unique system and stems from special features of US legal regime and federal system of government. It differs from other systems by providing for 'economic', not legal; channeling of liability to facility operator and not recommended as model for other states, but most features adopted by other states and international conventions

Valuation of Non-Life Liabilities from Claims Triangles

Directory of Open Access Journals (Sweden)

Mathias Lindholm

2017-07-01

Full Text Available This paper provides a complete program for the valuation of aggregate non-life insurance liability cash flows based on claims triangle data. The valuation is fully consistent with the principle of valuation by considering the costs associated with a transfer of the liability to a so-called reference undertaking subject to capital requirements throughout the runoff of the liability cash flow. The valuation program includes complete details on parameter estimation, bias correction and conservative estimation of the value of the liability under partial information. The latter is based on a new approach to the estimation of mean squared error of claims reserve prediction.

SPECIFIC ACCOUNTING POLICIES ON PUBLIC INSTITUTIONS RELATED TO PROVISIONS, CONTIGENT LIABILITIES AND CONTIGENT ASSETS

Directory of Open Access Journals (Sweden)

Ţenovici Cristina Otilia

2013-04-01

Full Text Available Nowadays, the activity performed by professional accountants should be transparent and the communication process should be an efficient one so that the data transmitted is relevant and reliable. Such characteristics can become achievable only within a quality accounting referential, based on international accounting standards likely to integrate the public field particularities. The need to obtain comparable and transparent information in the public sector has determined the emergence of IPSAS standards, high quality standards with benefice consequences upon the world economy. The purpose of the disclose study is to analyse the development of accountancy in Romania and the level of accounting harmonization and convergence with IPSAS 19 “Provisions, contingent liabilities and contingent assets”. We are also focusing on performing a comparison between the main characteristics of the disclose national and international regulations, with the mention of resemblances and differences on provisions, contingent liabilities and contingent assets in order to identify the range of convergent and divergent issues.

Nuclear third party liability in Germany

International Nuclear Information System (INIS)

Raetzke, Christian

2016-01-01

The German system of nuclear third party liability has always been, and arguably still is, the object of considerable interest in the international nuclear law community. This may seem surprising since Germany adheres to the Paris Convention and is therefore a party to a community of 15 states all following the same principles enshrined in this Convention. In fact, when implementing the PC, Germany chose the approach ensuring the most literal adherence to the PC's principles: it adopted the PC in its entirety, thus directly transposing the PC text into binding German law, instead of enacting a national law derived from, but not literally translating, the PC. At the same time, perhaps no other nation has made use of the options, choices and margins offered or abandoned by the PC to the national legislators, or kept in store by way of a reservation at signature of the Convention, in such an extended manner, testing - and as has even been contended in the past: stressing - the boundaries of the PC system. Unlimited liability introduced in 1985, the highest financial security of any PC state (EUR 2.5 billion), unlimited territorial scope combined with the principle of reciprocity and liability of German operators even in the force majeure cases of Article 9 of the PC are probably the most interesting decisions made by Germany in this context, established in the Atomic Energy Act (Atomgesetz). These choices betray a certain tendency of the German government to give the greatest possible benefit to victims, and in parallel to achieve a 'normalisation' of the nuclear liability regime, without stifling the industry. Within the compromise underlying the international nuclear liability regime - enabling the nuclear industry to create and sustain an energy sector highly relevant for national electricity production on the one hand and protecting potential victims on the other - Germany has more and more shifted the balance, as far as practically possible, to the

Civil liability for nuclear damage

International Nuclear Information System (INIS)

1963-01-01

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

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

Professional Education Management and Socio-Institutional Reality: problems and challenges

Directory of Open Access Journals (Sweden)

Eduardo Pinto e Silva

2008-03-01

Full Text Available The democratic management of educational practices is a theoretical and practical matter, which has been discussed in several institutional spheres (PARO, 2003; BORGES, GIUBILEI & OLIVEIRA, 2006. This paper deals with education management and is based on a case study about technical and professional education of agents of Municipal Guard (SILVA, 2005. This kind of education is affected by structural problems in the public institution (SANTOS, 1987 and in the macro judicial system (PINHEIRO, 1997, also being harmed by a process of social and work precariousness (ANTUNES, 1999; 2005. All these aspects represent challenges that have to be overcame. Thus, our propose of democratic professional education management (SILVA, 2005; HELOANI & SILVA, 2006 opposes the bureaucratic and alienating management. It demands listening to the collective subject and assuming a reflexive praxis about the professional activities and the socio-institutional reality. We consider that the challenge of creating a democratic professional management and a critical collective conscience, articulated with innovative actions, is part of a horizon of possibilities, even when it is mediated by institutional, organizational and cultural dimensions (SILVA JÚNIOR & FERRETTI, 2004.

46 CFR 298.38 - Partnership agreements and limited liability company agreements.

Science.gov (United States)

2010-10-01

... 46 Shipping 8 2010-10-01 2010-10-01 false Partnership agreements and limited liability company... liability company agreements. Partnership and limited liability company agreements must be in form and...) Duration of the entity; (b) Adequate partnership or limited liability company funding requirements and...

Unlimited - nuclear liabilities in the Federal Republic of Germany

International Nuclear Information System (INIS)

Arendt, W.

1986-01-01

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

Should nuclear liability limits be removed. Yes

International Nuclear Information System (INIS)

Haas, L.

1985-01-01

Arguing in favor of unlimited liability in the event of a nuclear accident, the author cites a mathematical probability of a core meltdown in the US as 45% during the next 20 years. The liability insurance carried by the nuclear industry is less than for large hotels and industrial parks, and is only a small fraction of the potential costs of damage and compensation. If nuclear technology is safe, limits are not needed. If liability is limited, it removes the incentive to improve safety and sends inaccurate price signals to utilities choosing among competing technologies. There is also the ethical aspect of shifting liability costs from ratepayers and stockholders to accident victims and general taxpayers. There are other ways to finance nuclear risks, such as a sinking fund, the removal of the nuclear exclusion in property insurance policies, and annual retrospective assessments per reactors

Common and specific liability to addiction: approaches to association studies of opioid addiction.

Science.gov (United States)

Nielsen, David A; Kreek, Mary Jeanne

2012-06-01

Opioid addiction, whether to opiates such as heroin and morphine, and/or to non-medical use of opioids, is a major problem worldwide. Although drug-induced and environmental factors are essential for the liability to develop opioid addiction, the genetic background of an individual is now known also to play a substantial role. The overall goal of this article is to address the common and specific liabilities to addiction in the context of approaches to studies of one addiction, opioid addiction. Literature on identifying genetic variants that may play a role in the development of opioid addiction was reviewed. A substantial number of genetic variants have been reported to be associated with opioid addiction. No single variant has been found in any of the reported GWAS studies with a substantial effect size on the liability to develop heroin addiction. It appears that there is a complex interaction of a large number of variants, some rare, some common, which interact with the environment and in response to specific drugs of abuse to increase the liability of developing opioid addiction. In spite of the inherent difficulties in obtaining large well-phenotyped cohorts for genetic studies, new findings have been reported that are being used to develop testable hypotheses into the biological basis of opioid addiction. Copyright © 2012. Published by Elsevier Ireland Ltd.

The Pulse of Liability of Foreignness

DEFF Research Database (Denmark)

Kaiser, Ulrich; Sofka, Wolfgang

companies. Such liabilities of foreignness are persistent in nature. We investigate the causes behind these detrimental effects. We identify two major factors conceptually: a lack of legitimacy in the host country on the demand side and a lack of responsiveness on the side of the multinational corporation......Globalization has provided many companies with new opportunities for growth and efficiency. This requires them to operate successfully across cultural and social borders. These can be stumbling blocks to internationalization and have been found to cause frequent errors and delays for multinational...... that legitimacy is the dominant factor behind the effects of liability of foreignness. As customer experience increases, liability of foreignness caused by a lack of responsiveness becomes more of an issue....

The safety-incentive theory of liability

International Nuclear Information System (INIS)

Marshall, J.M.

1977-11-01

The use of liability law to improve incentives for safety is supported by certain recent theoretical results. The main ideas and the key argumants are summarized. Basic weaknesses of the theory are discussed, namely: (1) the simple model of Calabresi does not generalize; (2) the more complex systems of J.P. Brown, P. Diamond, and J. Green require that courts possess a great deal of information and use it to set appropriate standards of due care; (3) in practice safety incentives also depend upon fear of criminal penalties and the sense of social responsibility. The questions whether and when liability rules can significantly affect incentives are addressed. It is concluded that the theory in its present state can hardly serve as a basis for altering liability rules

CONFLICT OF DUAL LOYALTY AND ISSUES OF LIABILITY WHEN PROVIDING HEALTH CARE

Directory of Open Access Journals (Sweden)

Olga Sovová

2017-12-01

Full Text Available The paper examines topical questions of the conflict of dual loyalty when providing health and medical care in the context of the liability of regulated medical professions. The paper specifies, describes and identifies the impact of professional particularities on the sphere of activity of the vocational holder in general and the particularities in the Czech Republic. The conflict of dual loyalty is highlighted in the relations emerging when providing the medical care, in particular in the relation patient - medical professional - provider of medical care. The article is anchored in the methods of the interpretation of law together with the interpretation from the general to the specific. The medical professionals get very often into the dual loyalty conflict, which concerns legal obligations and the ethics of the profession. The paper examines the difference between the conflicts of dual loyalty and interests. Based on the above mentioned the paper concludes that the conflict of the dual loyalty and the responsibility of medical profession have many forms, but there are legal, ethical and economic possibilities to solve in in favour of the patient.

Legislative Study on China’s Compensation for Nuclear Damage Liability

Directory of Open Access Journals (Sweden)

Jiu Liu

2018-06-01

Full Text Available The civil nuclear industry plays an important role in improving environmental quality and safeguarding energy security in China. Nevertheless, the industry is facing a huge risk of nuclear accident damage. The legal system of nuclear damage compensation is of vital importance for the industry to address potential risks. The Nuclear Safety Law, which has recently been published in China, stipulates two articles about nuclear damage compensation in principle. However, in general, the current nuclear damage compensation legal system in China has not yet been made systematic and there are still problems, such as a lack of maneuverability and details. This paper adopts qualitative and quantitative methodologies to summarize and analyze the current legislation and regulation pertaining to civil nuclear damage compensation liability in China and analyzes the shortages and deficiencies of these rules in detail by using legal analysis methods. Suggestions to establish and perfect China’s legal system of nuclear damage compensation are proposed to safeguard the healthy development of the civil nuclear industry and remedy damages brought about by nuclear accidents. Such a legal system should contain the elements of clear legislative goals and objectives, a specific definition and scope of nuclear damage, strict and sole responsibility principles for operators, an appropriate liability amount, a stable financial guarantee for operators, and national supplementary liability.

Electronuclear Park, Privatization and Civil Strict Liability

International Nuclear Information System (INIS)

Mondello, Gerard Camille

2008-01-01

The civil strict liability regime of the electronuclear industry is a fundamental variable for preventing risk. Because prices of other energies as oil or gas are becoming higher and unpredictable, nuclear power becomes cost-effective and may favour the partial privatization of nuclear parks. By considering theoretical traditional liability models, we study the conditions that ensure the most efficient safety level when comparing natural monopoly situation and Bertrand duopoly. Our results are that natural monopoly is safer than duopoly only when strict liability is fully applied. We define conditions that neutralize risk for applying some privatization plan to nuclear park

Personal professional indemnity and contractual issues for trainees in obstetrics and gynaecology.

Science.gov (United States)

Chatterjee, J; Datta, S; Butt, S; Harpwood, V

2013-02-01

Over the last few decades, more healthcare professionals have faced investigation into complaints about medical care and healthcare outcomes (Department of Health 2003). With increasing medical negligence cases being brought against doctors, it is time to carefully consider the implications of such actions to ensure appropriate safeguards (Ferner and McDowell 2006). At a time when the culture of 'no win, no fee' is rampant, the jobbing frontline doctor is on the back-foot trying to untangle the legalities of a malpractice claim (Ferner and McDowell 2006). Reassuringly, the numbers of doctors referred to the GMC or having to face legal procedures or claims for compensation are still very small (National Audit Office 2001). An essential issue for all doctors is having appropriate indemnity cover in the event that their practice is challenged. The opt-out for the European Working Time Regulations (EWTR) has caused further confusion as to what is covered for junior doctors by individual indemnity policies and the employer's liability scheme. Recently, the RCOG Trainees committee and the BMA Junior Doctors Association issued a joint advice regarding this issue (RCOG 2010). In this paper, we consider the differences in cover provided by the employer's liability scheme, individual professional indemnity schemes and the role of professional bodies. We also seek to clarify the understanding of these surrounding EWTR and the voluntary opt-out clause and provide up-to-date information on medico-legal issues and protection schemes regarding legal liabilities.

The Problem of Developing Professional Mobility of Teachers in the Works of Foreign Scholars

Science.gov (United States)

Pavlenko, Marina

2017-01-01

The article analyzes the positions of foreign and domestic scholars on the problem of developing professional mobility of teachers. It has been stated that today professional mobility is a necessary component of training a skilled worker. It has been indicated that the teacher possesses an appropriate set of competences that provide an opportunity…

Product Liability: A Neo-Austrian Based Perspective

NARCIS (Netherlands)

Folmer, H.; Heijman, W.J.M.; Leen, A.R.

2002-01-01

The paper is an exercise in a neo-Austrian based economic analysis of product liability. After a short historical introduction, we take two of the basic premises of Austrian economic thought and see which system of product liability results. If costs are subjective and entrepreneurship is the

Civil liability related to imaging exams in Brazil

OpenAIRE

Fontana, Mathias Pante; Liedke, Gabriela Salatino; Fontoura, Helena da Silveira; Silveira, Heraldo Luis Dias da; Silveira, Heloísa Emilia Dias da

2015-01-01

Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involv...

1986 Agreement on third party liability in the nuclear field

International Nuclear Information System (INIS)

1986-01-01

This Agreement intends to facilitate the settlement of disputes, if they are due to an event (caused by the peaceful utilisation of nuclear energy) which occurs on the territory of one State and gives rise to damage on the territory of the other State. Unlike the Federal Republic of Germany, Switzerland has neither ratified the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy nor the Brussels Supplementary Convention of 31st January 1963. This might result in diverging interpretations by the German and Swiss courts, in particular, regarding the competent courts and the laws applicable if a third party liability problem were to arise between both countries. The Agreement therefore aims to settle these matters directly by treaty between the States before the courts are confronted by an occurrence of damage and have to seek a solution which conforms to international private law. (NEA) [fr

Obstetricians' rising liability insurance premiums and inductions at late preterm gestations.

Science.gov (United States)

Murthy, Karna; Grobman, William A; Lee, Todd A; Holl, Jane L

2009-04-01

To estimate the association between professional liability insurance premiums for obstetricians and late preterm induction (LPI) rates. Data from the National Center for Health Statistics were used to identify all Illinois women pregnant with singletons at 34 weeks' gestation from 1991 to 2003. The independent association between LPI (induction between 34 and 37 weeks' gestation) rates and the previous year's obstetric malpractice insurance premiums was evaluated using linear regression. The mean annual LPI rate (5.4/1000 in 1991 to 15.2/1000 in 2003, P insurance premiums ($55,480 to $110,613, P insurance premium. Rising premiums are associated with increased frequency of LPI among women with singleton gestations.

A review on liability in case of nuclear accident

International Nuclear Information System (INIS)

Gallage-Alwis, Sylvie; Faron, Pauline

2013-01-01

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

On the Issue of Obligatory Hazard Activity Liability Insurance of Lifts Operation in Apartment Houses

Directory of Open Access Journals (Sweden)

Storozhuk D. A.

2013-05-01

Full Text Available The article deals with the problems of legislation application of Obligatory Hazard Activity Liability Insurance, civic responsibility of the owner of the dangerous object for doing harm as a result of damage caused by lift operation in apartment houses

English-Teaching Problems in Thailand and Thai Teachers' Professional Development Needs

Science.gov (United States)

Noom-ura, Sripathum

2013-01-01

This study surveys problems with English language teaching and learning and the professional development (PD) needs of high-school teachers in three provinces of three Secondary Educational Service Areas in Thailand. Both closed-and open-ended questionnaires were employed. The data was analyzed by frequency distribution and percentage; the…

Liability for the Payment of Public School Fees

Directory of Open Access Journals (Sweden)

M Carnelley

2011-10-01

Full Text Available The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA. The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

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

International Nuclear Information System (INIS)

Hohlefelder, W.

1985-01-01

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

Cargo liability regimes

Science.gov (United States)

2001-01-01

There are at present at least three international regimes of maritime cargo liability in force in different countries of the world - the original Hague rules (1924), the updated version known as the Hague-Visby rules (1968, further amended 1979), and...

Divorce, divorce rates, and professional care seeking for mental health problems in Europe: a cross-sectional population-based study.

Science.gov (United States)

Bracke, Piet F; Colman, Elien; Symoens, Sara A A; Van Praag, Lore

2010-04-29

Little is known about differences in professional care seeking based on marital status. The few existing studies show more professional care seeking among the divorced or separated compared to the married or cohabiting. The aim of this study is to determine whether, in a sample of the European general population, the divorced or separated seek more professional mental health care than the married or cohabiting, regardless of self-reported mental health problems. Furthermore, we examine whether two country-level features--the supply of mental health professionals and the country-level divorce rates--contribute to marital status differences in professional care-seeking behavior. We use data from the Eurobarometer 248 on mental well-being that was collected via telephone interviews. The unweighted sample includes 27,146 respondents (11,728 men and 15,418 women). Poisson hierarchical regression models were estimated to examine whether the divorced or separated have higher professional health care use for emotional or psychological problems, after controlling for mental and somatic health, sociodemographic characteristics, support from family and friends, and degree of urbanization. We also considered country-level divorce rates and indicators of the supply of mental health professionals, and applied design and population weights. We find that professional care seeking is strongly need based. Moreover, the divorced or separated consult health professionals for mental health problems more often than people who are married or who cohabit do. In addition, we find that the gap between the divorced or separated and the married or cohabiting is highest in countries with low divorce rates. The higher rates of professional care seeking for mental health problems among the divorced or separated only partially correlates with their more severe mental health problems. In countries where marital dissolution is more common, the marital status gap in professional care seeking is

Divorce, divorce rates, and professional care seeking for mental health problems in Europe: a cross-sectional population-based study

Directory of Open Access Journals (Sweden)

Symoens Sara AA

2010-04-01

Full Text Available Abstract Background Little is known about differences in professional care seeking based on marital status. The few existing studies show more professional care seeking among the divorced or separated compared to the married or cohabiting. The aim of this study is to determine whether, in a sample of the European general population, the divorced or separated seek more professional mental health care than the married or cohabiting, regardless of self-reported mental health problems. Furthermore, we examine whether two country-level features--the supply of mental health professionals and the country-level divorce rates--contribute to marital status differences in professional care-seeking behavior. Methods We use data from the Eurobarometer 248 on mental well-being that was collected via telephone interviews. The unweighted sample includes 27,146 respondents (11,728 men and 15,418 women. Poisson hierarchical regression models were estimated to examine whether the divorced or separated have higher professional health care use for emotional or psychological problems, after controlling for mental and somatic health, sociodemographic characteristics, support from family and friends, and degree of urbanization. We also considered country-level divorce rates and indicators of the supply of mental health professionals, and applied design and population weights. Results We find that professional care seeking is strongly need based. Moreover, the divorced or separated consult health professionals for mental health problems more often than people who are married or who cohabit do. In addition, we find that the gap between the divorced or separated and the married or cohabiting is highest in countries with low divorce rates. Conclusions The higher rates of professional care seeking for mental health problems among the divorced or separated only partially correlates with their more severe mental health problems. In countries where marital dissolution is more

Contractual liability: In European, comparative and Serbian law

Directory of Open Access Journals (Sweden)

Salma Jožef

2011-01-01

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

Strengthening Canada's nuclear liability regime

International Nuclear Information System (INIS)

McCauley, D.; Henault, J.

2014-01-01

On January 30, 2014, a Bill entitled the Energy Safety and Security Act, was introduced in Parliament that, among other things, would strengthen Canada's nuclear civil liability legislation by replacing the current Nuclear Liability Act. The proposed legislation also includes implementing provisions that would permit Canada to join the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage. This paper will discuss the importance of a comprehensive civil liability regime for nuclear damage to a country's legislative framework for nuclear development and will present the key elements of Canada's new legislation and the policy considerations behind them. (author))

Liability aspects of home energy-rating systems

Energy Technology Data Exchange (ETDEWEB)

Hendrickson, P.L.

1983-10-01

Liability aspects of home energy rating systems are discussed. An introduction to the rating system concept, including types of rating systems, implementation efforts to date, and possible groups to conduct ratings, is also included. The home energy rating system concept involves the periodic rating of the energy efficiency of residential buildings. The rating can provide a relative indication of a home's energy efficiency and also a quantitative estimate of consumption, fuel cost, or both. Primary attention is given to liability issues associated with developing and performing ratings. Secondary attention is given to possible liability associated with misuse of a rating once it has been performed.

How can professionals carry out recognition towards children of parents with alcohol problems? A qualitative interview study.

Science.gov (United States)

Werner, Anne; Malterud, Kirsti

2017-02-01

The aim of this study was to explore informal adult support experienced by children with parental alcohol problems to understand how professionals can show recognition in a similar way. We conducted a qualitative interview study with retrospective accounts from nine adults growing up with problem-drinking parents. Data were analysed with systematic text condensation. Goffman's concept "frame" offered a lens to study how supportive situations were defined and to understand opportunities and limitations for translation of recognition acts and attitudes to professional contexts. Analysis demonstrated frames of commonplace interaction where children experienced that adults recognised and responded to their needs. However, the silent support from an adult who recognised the problems without responding was an ambiguous frame. The child sometimes felt betrayed. Concentrating on frames of recognition which could be passed over to professional interactions, we noticed that participants called for a safe harbour, providing a sense of normality. Being with friends and their families, escaping difficulties at home without having to tell, was emphasised as important. Recognition was experienced when an adult with respect and dignity offered an open opportunity to address the problems, without pushing towards further communication. Our study indicates some specific lessons to be learnt about recognition for professional service providers from everyday situations. Frames of recognition, communicating availability and normality, and also unconditional confidentiality and safety when sharing problems may also be offered by professionals in public healthcare within their current frames of competency and time.

Nuclear insurance problems in Spain

International Nuclear Information System (INIS)

Gomez del Campo, Julian.

1977-01-01

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

Nuclear civil liability international system. Evolution prospects

International Nuclear Information System (INIS)

Reyners, P.

1996-01-01

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

31 CFR 321.15 - Liability for losses.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Liability for losses. 321.15 Section... INSTITUTIONS OF UNITED STATES SAVINGS BONDS AND UNITED STATES SAVINGS NOTES (FREEDOM SHARES) Losses Resulting From Erroneous Payments § 321.15 Liability for losses. Under the governing statute, as amended (31 U.S...

Chernobyl and the international liability regime

International Nuclear Information System (INIS)

Brunner, G.; Schmidt, C.

1986-01-01

The authors investigate whether Federal German citizens would have any success in claiming compensation for damage as a result of the Chernobyl reactor accident in a Soviet court, and the answer is positive in terms of substantive law. Actions would have to be filed against the AES at Chernobyl to the Chernobyl county court, which would examine the claims according to Soviet (Ukrainian) civil law, and taking into account two aspects of liability, namely strict liability, and liability in tort. However, it would indeed be more realistic to expect that any such action would be dismissed by the court upon the directive of political authorities, as the Soviet Government certainly would have no interest at all to give any foreign citizen the chance to win a case in such a politically significant matter. (orig./HSCH) [de

Proposed Amendments to the Nuclear Liability

International Nuclear Information System (INIS)

1981-01-01

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

The 1968 Brussels convention and liability for nuclear damage

International Nuclear Information System (INIS)

Sands, Ph.; Galizzi, P.

2000-01-01

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

Strengths and weaknesses of Problem Based Learning from the professional perspective of registered nurses

Directory of Open Access Journals (Sweden)

María Cónsul-Giribet

2014-10-01

Full Text Available OBJECTIVE: to identify competency strengths and weaknesses as perceived by nursing professionals who graduated with a integrated curriculum and competency-based through Problem Based Learning in small groups.METHOD: an intrinsic case study method was used, which analyzes this innovation through former students (from the first class with three years of professional experience. The data were collected through a questionnaire and discussion groups.RESULTS: the results show that their competency level is valued in a very satisfactory manner. This level paradoxically contrasts with the lack of theoretical knowledge they perceived at the end of their education, when they started working in clinical practice.CONCLUSIONS: the teaching strategy was key to motivate an in-depth study and arouse the desire to know. In addition, Problem Based Learning favors and reinforces the decision to learn, which is that necessary in the course of professional life.

Historical Drawbacks of Limited Liability

Directory of Open Access Journals (Sweden)

Denis Boyle

2016-07-01

Full Text Available Limited liability is a human invention which has facilitated enormous economic growth around the world, particularly since the time of its general application in advanced countries during the nineteenth century. The individual legal identity of companies, coupled with the limited liability of their owners, has provided protection for investors from the risks associated with their investments. It has thus contributed to increase the sources of capital available to finance projects which might otherwise have been considered unviable. However, the legal protection offered to investors has negative consequences for other participants in economies. Speculation in stock markets often damages society. It is very important to study the drawbacks of limited liability and to suggest modifications to achieve a more stable, less volatile, economic growth in the world. Although this article goes to some lengths to recognise the work of authors who emphasise the positive historical economic contribution of limited lability, its main objective is to provoke a reflection around texts which point out the drawbacks and propose solutions.

Legal liabilities in continuing education: protecting your institution and yourself.

Science.gov (United States)

Allington, G H; Cava, A

1988-01-01

Continuing medical education (CME) activities conducted by medical schools, institutions, or organizations contain inherent liability potentials that should be recognized. Three major areas for potential liability should be carefully regarded by individuals who supervise, organize, or plan educational programs. These are: 1) contract liability--specifically in contracts with hotels, i.e., cancellation clauses, warranties, and indemnifications; 2) liability for ensuring the health and safety of individuals, i.e., fire, security, hazards, emergency procedures, and alcohol at functions; and 3) appropriate and adequate insurance coverage.

27 CFR 479.31 - Liability for tax.

Science.gov (United States)

2010-04-01

... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Liability for tax. 479.31... OTHER FIREARMS Special (Occupational) Taxes § 479.31 Liability for tax. (a) General. Every person who... United States shall pay a special (occupational) tax at a rate specified by § 479.32. The tax shall be...

Liability for nuclear damage and compensation therefor

International Nuclear Information System (INIS)

Prochazkova, D.

1996-01-01

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

The French regime of civil liability for nuclear

International Nuclear Information System (INIS)

Leger, Marc

2013-01-01

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

Legal liability and claims for the hotel industry

Directory of Open Access Journals (Sweden)

Dimcho Todorov

2017-10-01

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

A RESPONSABILIDADE CIVIL DOS REGISTRADORES IMOBILIÁRIOS THE LIABILITY OF THE ESTATE REGISTERS

Directory of Open Access Journals (Sweden)

Fernanda Heloisa Macedo Soares

2015-12-01

Full Text Available O presente estudo refere-se à Responsabilidade Civil dos Registradores, objetivando estabelecer as situações em que estes profissionais são responsáveis por danos causados no exercício de suas funções. O foco principal foi a responsabilidade civil dos registradores, sendo evidente que para um desenvolvimento coerente e sequencial do tema proposto, foi necessário a abordagem de conceitos fundamentais inerentes à responsabilidade civil, assim como o conceito de registradores. O objetivo desta pesquisa foi analisar o ordenamento jurídico brasileiro sobre os registradores e, a partir de uma interpretação sistemática das normas existentes, identificar qual o tipo de responsabilidade que deve ser atribuída a estes, que embora sejam dotados de fé pública dos atos em que intervêm e das declarações que retratam, não são funcionários públicos. Com o intuito de atingir este objetivo, foi necessário abordar sobre a responsabilidade civil, desde seus aspectos históricos, seus pressupostos, chegando a sua classificação como responsabilidade contratual ou extracontratual, objetiva ou subjetiva. Também se fez menção quanto à responsabilidade civil do Estado; ademais, foi explanado sobre os registradores desde suas origens, com ênfase em suas funções e atos praticados. A metodologia utilizada foi à pesquisa bibliográfica. Diante do que foi exposto no desenvolvimento da presente monografia, chegou-se à conclusão que a responsabilidade civil dos registradores trata-se de responsabilidade civil subjetiva, ou seja, aquela que exige a comprovação do elemento culpa, uma vez que estes são pessoas físicas e não se encaixam no disposto do artigo 36, § 7º da Constituição Federal.   Palavras-Chave: Responsabilidade Civil, Registrador, Imobiliário   The present study refers to the Liability and Registrars , aiming to establish the situations in which these professionals are responsible for damage caused in the exercise of

25 CFR 141.57 - Procedures to cancel liability on bond.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Procedures to cancel liability on bond. 141.57 Section 141.57 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES BUSINESS... Procedures to cancel liability on bond. (a) Any surety who wishes to be relieved from liability arising on a...

Apportioning liability for transborder damages

International Nuclear Information System (INIS)

Krause-Ablass, W.-D.

1988-01-01

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

Civil liability concerning nuclear accidents

International Nuclear Information System (INIS)

Anon.

2013-01-01

France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

Organizational Mortality: The Liabilities of Newness and Adolescence.

Science.gov (United States)

Bruderl, Josef; Schussler, Rudolf

1990-01-01

Contains a theoretical discussion and an empirical test of Stinchcombe's "liability of newness" hypothesis, which assumes higher failure risks for young organizations than for older ones. This hypothesis does not adequately represent mortality hazards of German business organizations. A "liability of adolescence" concept…

Optimization of the company tax liability

OpenAIRE

Jelínková, Blanka

2010-01-01

This thesis introduces the tax system of the Czech Republic. The corporate income tax in particular is specified in bigger detail. Its basic structural elements are described with the focus on the transformation of the accountable profit to the tax base. The practical part is divided into chapters, each of which deals with the optimization of the amount of the real tax liability. The content, instruments mentioned and methods for decreasing company tax liability applied suggest this work more...

Asset liability management using stochastic programming

OpenAIRE

Pirbhai, M; Mitra, G; Kyriakis, T

2003-01-01

This chapter sets out to explain an important financial planning model called asset liability management (ALM); in particular, it discusses why in practice, optimum planning models are used. The ability to build an integrated approach that combines liability models with that of asset allocation decisions has proved to be desirable and more efficient in that it can lead to better ALM decisions. The role of uncertainty and quantification of risk in these planning models is con...

PENGARUH MANAJEMEN ASET, MANAJEMEN LIABILITI, MANAJEMEN ASET LIABILITI TERHADAP ECONOMIC VALUE ADDED (EVA PADA PERBANKAN KONVENSIONAL YANG TERDAFTAR DI BURSA EFEK INDONESIA

Directory of Open Access Journals (Sweden)

H Hamidah

2013-08-01

Full Text Available Generally, company wants to optimize its profit. Properly manage the asset management, liability management and asset liability management can provide value added profits for the company. A sample of research consists of 18 banking companies listed at Indonesia Stock Exchange (IDX during the 2005-2009. This research investigate the relationship net loans/total earning assets (NLA, non performing loan (NPL, liabilities/total assets (LA, equity/total assets (EA, net interest margin (NIM, loan to deposite ratio (LDR on economic value added (EVA. The research use regression of panel data. The result show that net loans/total earning assets (NLA, liabilities/total assets (LA, equity/total assets (EA, net interest margin (NIM, loan to deposite ratio (LDR are have significant effect on economic value added (EVA but non performing loan (NPL.

Influence of Child Factors on Health-Care Professionals' Recognition of Common Childhood Mental-Health Problems

NARCIS (Netherlands)

Burke, Delia A; Koot, Hans M; de Wilde, Amber; Begeer, Sander

2016-01-01

Early recognition of childhood mental-health problems can help minimise long-term negative outcomes. Recognition of mental-health problems, needed for referral and diagnostic evaluation, is largely dependent on health-care professionals' (HCPs) judgement of symptoms presented by the child. This

Liability for the nuclear risk; Aansprakelijkheid voor het nucleaire risico

Energy Technology Data Exchange (ETDEWEB)

Faure, M. [ed.] [Rijksuniversiteit Limburg, Maastricht (Netherlands); Govaerts, P.; Malbrain, C.; Veuchelen, L. [Centre d`Etude de l`Energie Nucleaire, Mol (Belgium); Spriet, B. [Katholieke Univ. Leuven (Belgium). Inst. voor Strafrecht; Heldeweg, M.; Hertogs, M.; Van Maanen, G.; De Roos, T.; Seerden, R. [Maastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek METRO, Rijksuniversiteit Limburg, Maastricht (Netherlands)

1993-12-31

Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs.

Nuclear liability act and nuclear insurance

International Nuclear Information System (INIS)

Clarke, Roy G.; Goyette, R.; Mathers, C.W.; Germani, T.R.

1976-01-01

The Nuclear Liability Act, enacted in June 1970 and proclaimed effective October 11, 1976, is a federal law governing civil liability for nuclear damage in Canada incorporating many of the basic principles of the international conventions. Exceptions to operator liability for breach of duty imposed by the Act and duty of the operator as well as right of recourse, time limit on bringing actions, special measures for compensation and extent of territory over which the operator is liable are of particular interest. An operator must maintain $75,000,000. of insurance for each nuclear installation for which he is the operator. The Nuclear Insurance Association of Canada (NIAC) administers two ΣPoolsΣ or groups of insurance companies where each member participates for the percentage of the total limit on a net basis, one pool being for Physical Damage Insurance and the other for Liability Insurance. The Atomic Energy Control Board recommends to the Treasury Board the amount of insurance (basic) for each installation. Basic insurance required depends on the exposure and can range from $4 million for a fuel fabricator to $75 million for a power reactor. Coverage under the Operator's Policy provides for bodily injury, property damage and various other claims such as damage from certain transportation incidents as well as nuclear excursions. Workmen's Compensation will continue to be handled by the usual channels. (L.L.)

75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

Science.gov (United States)

2010-04-02

... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

Numerical Assessment of the Influences of Gas Pressure on Coal Burst Liability

Directory of Open Access Journals (Sweden)

Haochen Zhao

2018-01-01

Full Text Available When coal mines exploit deep seams with high-gas content, risks are encountered due to the additional high likelihood of rock bursting potential problems. The bursts of coal pillars usually lead to severe fatalities, injuries, and destruction of property, including impeding access to active mine workings underground. The danger exists given that conditions in the already highly brittle coal material can be exacerbated by high stress and high gas pressure conditions. It is thus critical to develop methods that improve current understanding about bursting liability, and techniques to forecast or prevent coal bursting in underground coal mines. This study uses field data from a deep coal mine, and numerical modeling to investigate the effects of gas pressure and mechanical compressive stresses on coal bursting liability in high gas content coal seams. The bursting energy index is adopted to determine the coal bursting liability under high gas pressure conditions. The adopted methodology uses a two-staged approach comprising investigating the influence of gas pressure on the bursting liability of coal pillar, and the influence of the gas pressure on the resulting pillar failure mode. Based on numerical simulations of coal pillars, correlations are observed between the magnitudes of gas pressures and the bursting energy index. Irrespective of pillar size, failure time is shortest when the gas pressure achieves a threshold value between 50 kPa to 70 kPa. At 50 kPa, the value of the BEI increases by 50% going from the 4 m pillar to the 6 m pillar. The value of the BEI increases by 43% going from the 6 m high pillar to the 8 m high pillar at 50 kPa. When pillars fail there is a degree of stress relief leading to a reduction in bursting liability. The results suggest that before 50 kPa, pillar failure is largely due to mechanical loading. After 50 kPa, pillar failure is largely due to excessive gas pressures.

ASSETS AND LIABILITIES DEPENDENCE: EVIDENCE FROM AN EUROPEAN SAMPLE OF BANKS

Directory of Open Access Journals (Sweden)

Cociuba Mihail Ioan

2014-12-01

Full Text Available In this paper we analyzed the correlation between asset and liabilities using the canonical correlation method, in the case of correlation we analyze the interdependence between two variables, by using canonical correlation analyses we study the interdependence between two groups of variables, X consisting of p variables and Y with q variables from which the best linear combination can be constructed to maximize the correlation between X and Y. While on the financial markets the relation between variables may be linear or non-linear and although canonical correlation analyses only the linear combination of variables it is a more efficient tool than then simple correlation.The asset group which we analyze is composed of different types of loans, derivatives and other earning assets, while in the group of liabilities we have deposits (short and long term, interest bearing liabilities and trading liabilities. We find that the assets and liabilities in the banking sector are directly linked. In the context of the global financial crisis (2007-2008 and the afterwards financial recession this direct correlation between assets and liabilities created a vicious cycle in which the losses from assets had a direct impact on the liabilities which also influenced the levels of assets.The behavior of different variables is important, especially in the financial markets, mainly due to the structure of financial markets. The banking sector and the systemic risk associated with it can affect the financial system and even the whole economy so the study of the correlation of assets and liabilities may give us insights on the causes of the financial crises. We use a panel of fifty-nine European banks for the 2004-2011 period and we analyses the correlation between assets and liabilities. We find that there exists a direct and strong connection between different classes of assets held by banks and the structure of liabilities. The impact of the economic crisis on

Nuclear Liability Legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

1998-01-01

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

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

Managing 'tail liability'.

Science.gov (United States)

Frese, Richard C; Weber, Ryan J

2013-11-01

To reduce and control their level of tail liability, hospitals should: Utilize a self-insurance vehicle; Consider combined limits between the hospital and physicians; Communicate any program changes to the actuary, underwriter, and auditor; Continue risk management and safety practices; Ensure credit is given to the organization's own medical malpractice program.

Fiscal Liability of State Contractors

Directory of Open Access Journals (Sweden)

Santiago Fajardo-Peña

2017-06-01

Full Text Available The State contract is one of the most important tools for public management. The formation, execution and liquidation of State contracts are also a potential cause of State patrimonial damages. Perhaps for this reason, many State contractors are prosecuted as if they were public spending managers. The question, however, is not as simple. The fiscal liability process has a qualified recipient: the fiscal manager. In this article, through a conceptual exposition and a case study, we identify the criterion for determining in which cases a State contractor acquires the function of controlling public funds and when he/she can be subjected to a fiscal liability.

7 CFR 1767.19 - Liabilities and other credits.

Science.gov (United States)

2010-01-01

... this section shall be used by all RUS borrowers. Liabilities and Other Credits Margins and Equities... Income Taxes—Other Liabilities and Other Credits Margins and Equities 200Memberships A. This account... conformance with the bylaws of the cooperative. 219Other Margins and Equities A. This account shall include...

Nuclear liability amounts on the rise for nuclear installations

International Nuclear Information System (INIS)

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

2015-01-01

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

Nuclear Liability and Insurance for nuclear Damage in Switzerland

International Nuclear Information System (INIS)

Reitsma, S. M. S.

1998-01-01

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

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

International Nuclear Information System (INIS)

Chirica, T.; Chiripus, V.

2004-01-01

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

Limiting Civil Liability in the Sphere of Business Auditing

Directory of Open Access Journals (Sweden)

Carmen COSTULEANU

2011-09-01

Full Text Available The statutory audit of business entities is represented by the audit of annual financial accounts or consolidated financial accounts, according to the Community legislation transposed in national regulations. Negligence or imprudence in performing the activities related to this type of audit entail special consequences. It is to some of the elements derived from this context that we refer in this paper, especially as there is often the underlying risk for the auditor to be held liable. It is worth noting that one cannot claim several compensations for the same action. Then, the auditor is not jointly liable with the other authors of the illicit actions which have caused damages. On the other hand, limited liability does not apply to the situations when it has been proven that the auditor has breached his professional duties with direct intent.

31 CFR 315.56 - General instructions and liability.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false General instructions and liability. 315.56 Section 315.56 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... and, where one is available, a corporate stamp or issuing or paying agent's stamp. (b) Liability. The...

29 CFR 4043.32 - Transfer of benefit liabilities.

Science.gov (United States)

2010-07-01

... the value of the assets being transferred— (i) Equals the present value of the accrued benefits... actuarial assumptions used in determining the value of benefit liabilities (and, if appropriate, the value... 29 Labor 9 2010-07-01 2010-07-01 false Transfer of benefit liabilities. 4043.32 Section 4043.32...

On asset-liability matching and federal deposit and pension insurance

OpenAIRE

Zvi Bodie

2006-01-01

Asset-liability mismatch was a principal cause of the Savings and Loan Crisis of the 1980s. The federal government's failure to recognize the mismatch risk early on and manage it properly led to huge losses by the Federal Savings and Loan Insurance Corporation, which had to be covered by taxpayers. In dealing with the problems now facing the defined-benefit pension system and the Pension Benefit Guaranty Corporation (PBGC), the government seems to be making some of the same mistakes it made t...

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

International Nuclear Information System (INIS)

Brown, O. F.

2011-01-01

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

Identification of children with psychosocial problems differed between preventive child health care professionals

NARCIS (Netherlands)

Vogels, A.G.C.; Jacobusse, G.W.; Hoekstra, F.; Brugman, E.; Crone, M.; Reijneveld, S.A.

2008-01-01

Objective: To assess whether differences between individual Preventive Child Health Care (PCH) professionals in the percentage of children they identify as having psychosocial problems are larger than expected based on chance and whether such differences can be explained by differences in

Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

Energy Technology Data Exchange (ETDEWEB)

Bittar, C A

1983-12-31

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

18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

Science.gov (United States)

2010-04-01

..., Derivative instrument liabilities. This account must include the change in the fair value of all derivative instrument liabilities not designated as cash flow or fair value hedges. Account 426.5, Other deductions... the fair value of the derivative instrument. ...

Nuclear liability insurance: a resume of recent years

International Nuclear Information System (INIS)

Marrone, J.

1975-01-01

The nuclear liability-insurance pools have steadily increased nuclear liability insurance available to the nuclear industry to its present $125 million, which is more than double the $60 million first provided in 1957. The insurance pools also provide an additional $175 million of all-risk property insurance to protect against loss of property at a nuclear facility, for a total of $300 million. This amount of liability and property insurance available for nuclear risks exceeds the coverage the insurance industry has at risk anywhere on a single unit of risk, thus attesting to the confidence in nuclear safety. The extraordinary safety achieved and recorded by the loss experience of the nuclear pools is described. The insurance pools have proposed a change in the Price--Anderson Act which would provide substantial additional sums of nuclear liability insurance to protect the public and which is likely to be the subject of examination by Congress during 1975. The proposal, if implemented, will gradually increase the protection afforded to the public and virtually eliminate the role of government indemnity. (auth)

Liability concerns and shared use of school recreational facilities in underserved communities.

Science.gov (United States)

Spengler, John O; Connaughton, Daniel P; Maddock, Jason E

2011-10-01

In underserved communities, schools can provide the physical structure and facilities for informal and formal recreation as well as after-school, weekend, and summer programming. The importance of community access to schools is acknowledged by authoritative groups; however, fear of liability is believed to be a key barrier to community access. The purpose of this study was to investigate perceptions of liability risk and associated issues among school administrators in underserved communities. A national survey of school administrators in underserved communities (n=360, response rate of 21%) was conducted in 2009 and analyzed in 2010. Liability perceptions in the context of community access were assessed through descriptive statistics. The majority of respondents (82.2%) indicated concern for liability should someone be injured on school property after hours while participating in a recreational activity. Among those that did not allow community access, 91% were somewhat to very concerned about liability and 86% believed that stronger legislation was needed to better protect schools from liability for after-hours recreational use. Among those who claimed familiarity with a state law that offered them limited liability protection, nearly three fourths were nevertheless concerned about liability. Liability concerns are prevalent among this group of school administrators, particularly if they had been involved in prior litigation, and even if they indicated they were aware of laws that provide liability protection where use occurs after hours. Reducing these concerns will be important if schools are to become locations for recreational programs that promote physical activity outside of regular school hours. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

Managing liabilities which arise out of radioactive waste

International Nuclear Information System (INIS)

Hall, R.M. Jr.

1986-01-01

The Atomic Energy Act has established a comprehensive regulatory program which governs the management of most radioactive wastes. There are substantial civil and criminal penalties for violations. In addition, environmental statutes such as the Resource Conservation and Recovery Act and the Superfund law impose liabilities on managers of ''non-nuclear'' hazardous wastes. The availability of common law remedies by private parties subjects companies and their officers and employees, and in some cases the government, to liability for personal injuries or property damage. An environmental manager at any facility where radioactive materials are being handled must be aware of these potential liabilities and should engage in a regular program of environmental auditing to ensure compliance

Report on state liability for radioactive materials transportation incidents: A survey of laws

International Nuclear Information System (INIS)

1989-10-01

The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

New Trends in European Nuclear Liability Law

International Nuclear Information System (INIS)

Getz, H.; Steinkemper, M.H.

1981-10-01

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

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

International Nuclear Information System (INIS)

1976-01-01

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

Liability and insurance aspects of international transport of nuclear materials

International Nuclear Information System (INIS)

van Gijn, S.H.

1985-01-01

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

42 CFR 455.202 - Limitation on contractor liability.

Science.gov (United States)

2010-10-01

... 42 Public Health 4 2010-10-01 2010-10-01 false Limitation on contractor liability. 455.202 Section... § 455.202 Limitation on contractor liability. (a) A program contractor, a person, or an entity employed... contractor will not be held to have violated any criminal law and will not be held liable in any civil action...

Management of UKAEA graphite liabilities

International Nuclear Information System (INIS)

Wise, M.

2001-01-01

The UK Atomic Energy Authority (UKAEA) is responsible for managing its liabilities for redundant research reactors and other active facilities concerned with the development of the UK nuclear technology programme since 1947. These liabilities include irradiated graphite from a variety of different sources including low irradiation temperature reactor graphite (the Windscale Piles 1 and 2, British Energy Pile O and Graphite Low Energy Experimental Pile at Harwell and the Material Testing Reactors at Harwell and Dounreay), advanced gas-cooled reactor graphite (from the Windscale Advanced Gas-cooled Reactor) and graphite from fast reactor systems (neutron shield graphite from the Dounreay Prototype Fast Reactor and Dounreay Fast Reactor). The decommissioning and dismantling of these facilities will give rise to over 6,000 tonnes of graphite requiring disposal. The first graphite will be retrieved from the dismantling of Windscale Pile 1 and the Windscale Advanced Gas-cooled Reactor during the next five years. UKAEA has undertaken extensive studies to consider the best practicable options for disposing of these graphite liabilities in a manner that is safe whilst minimising the associated costs and technical risks. These options include (but are not limited to), disposal as Low Level Waste, incineration, or encapsulation and disposal as Intermediate Level Waste. There are a number of technical issues associated with each of these proposed disposal options; these include Wigner energy, radionuclide inventory determination, encapsulation of graphite dust, galvanic coupling interactions enhancing the corrosion of mild steel and public acceptability. UKAEA is currently developing packaging concepts and designing packaging plants for processing these graphite wastes in consultation with other holders of graphite wastes throughout Europe. 'Letters of Comfort' have been sought from both the Low Level Waste and the Intermediate Level Waste disposal organisations to support the

Liability for Unknown Risks: A Law and Economics Perspective

NARCIS (Netherlands)

M.G. Faure (Michael); L.T. Visscher (Louis); F. Weber (Franziska)

2017-01-01

textabstractIn the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the

17 CFR 256.242 - Miscellaneous current and accrued liabilities.

Science.gov (United States)

2010-04-01

... COMMISSION (CONTINUED) UNIFORM SYSTEM OF ACCOUNTS FOR MUTUAL SERVICE COMPANIES AND SUBSIDIARY SERVICE COMPANIES, PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 7. Current and Accrued Liabilities § 256.242... as to show the nature of each liability included herein. 8. deferred credits ...

CORPORATION CRIME LIABILITY OF PERSPECTIVE PENAL REFORM

Directory of Open Access Journals (Sweden)

Abdul Salam Siku

2013-07-01

Full Text Available The setting of the responsibility criminal against corporations in Indonesia starting from the inception of the emergency law number 7 of 1955 on Economic Crime, then followed by some of the last act is Act No. 8 of 2010 on prevention and eradication of the crime of money laundering. In the framework of the renewal of national criminal law and the draft law on The Criminal law (Criminal Code systematically have set the criminal liability of corporations, whether incorporated corporation law and Corporation who is not a legal entity. Although there have been laws governing corporate crime responsibility about but are still have problems in its application. It can be seen from the lack of a corporate criminal sentenced by the Court.

Nuclear liability and the Price--Anderson Act

International Nuclear Information System (INIS)

Wilson, R.

1977-01-01

The Price-Anderson Act is viewed as meeting public needs in a unique and responsible way, reflecting the far-sightedness of those involved in the early development of nuclear power who saw the importance of building safety into each step of the program. An extension of the Act is advised as a first step in recognizing that many potential and real disasters (e.g., dam breaks, floods, etc.) are man-made rather than ''Acts of God''. Rather than abolish the Price-Anderson Act because it is unique, the case is made for extending it to cover these other situations. Provisions of the Act are examined in terms of the role of negligence in nuclear accidents, and the conclusion is reached that public concern for reactor safety should not be affected. Limited assets on the part of insurers and insurance pools have made government involvement important but not a real subsidy because of high premiums. Premiums in the new amendment are paid retroactively when there is an accident, which relieves the problem of anticipating what premiums may be needed in the future. This limits government liability and, combined with the waiver of defenses against liability, offers better protection for the public. Recommendations for allowing tort law to operate above the $560 million Price-Anderson limits are criticized, and a counter proposal is made for reassessing the figure at an appropriate limit and extending insurance to competitive industries

Optimal Joint Liability Lending and with Costly Peer Monitoring

NARCIS (Netherlands)

Carli, Francesco; Uras, R.B.

2014-01-01

This paper characterizes an optimal group loan contract with costly peer monitoring. Using a fairly standard moral hazard framework, we show that the optimal group lending contract could exhibit a joint-liability scheme. However, optimality of joint-liability requires the involvement of a group

75 FR 1735 - Section 3504 Agent Employment Tax Liability

Science.gov (United States)

2010-01-13

... Section 3504 Agent Employment Tax Liability AGENCY: Internal Revenue Service (IRS), Treasury. ACTION... employment tax liability of agents authorized by the Secretary under section 3504 of the Internal Revenue Code (Code) to perform acts required of employers with respect to taxes under the Federal Unemployment...

The Indian civil liability for nuclear damage act, 2010. Legislation with flaws?

International Nuclear Information System (INIS)

Pelzer, Norbert

2011-01-01

1. India has had no special legislation so far about liability under civil law for nuclear damage. Instead, the general law about damages outside of contractual provisions applied. 2. The ambitious Indian civil nuclear program requires intensified international cooperation. The potential partners in that cooperation demand that liability regulations be adopted on the basis of the principles of the international nuclear liability conventions so as to grant legal assurance to their export industries. 3. In May 2010, draft liability legislation was introduced into the Indian parliament. Final deliberations were held on August 30, 2010. On September 21, 2010, the President confirmed the draft legislation, thereby making it law. The draft legislation had been a matter of dispute in India from the outset. 4. The law applies to nuclear facilities owned or controlled by the Indian central government. Only the government or government institutions or state-owned companies can be owners of a nuclear facility. The owner is liable without fault having to be proven. The details of liability follow the provisions of the liability conventions. 5. The law provides for legal channelling of liability to the owner of a nuclear facility. 6. Regular courts of law have no competence to rule about claims for damages under the law. Instead, a 'Claims Commissioner' appointed ad hoc by the government, or a 'Nuclear Claims Commission,' are competent. 7. The 2010 Indian nuclear liability law is a piece of legislation with deficiencies. Key elements are incompatible with the principles of international nuclear liability regimes. (orig.)

The Consumer Protection Act: no-fault liability of health care providers.

Science.gov (United States)

Slabbert, M Nöthling; Pepper, Michael S

2011-11-01

The introduction of no-fault or strict liability by the Consumer Protection Act 68 of 2008 (CPA) poses serious problems in the health care context. With a patient as a 'consumer' in terms of the CPA, health care practitioners may find themselves as 'suppliers' or 'retailers' as part of a supply chain, and potentially liable for harm and loss suffered by a patient in terms of the new no-fault liability provision. The claimant (patient) can sue anyone in the supply chain in terms of this provision, which places the health care practitioner who delivered the care in a very difficult position, as he or she is the most easily and often only identifiable person in the supply chain. Although the causal link between the harm suffered by the complainant will still need to be established on a balance of probabilities, the traditional common law obstacle requiring proof of negligence no longer applies. The article argues that this situation is unsatisfactory, as it places an increasingly onerous burden on certain health care practitioners.

Plight of China nuclear liability law and solutions of nuclear operating companies

International Nuclear Information System (INIS)

Su Guangchao; Wang Yonggang; Tang Yangyang

2010-01-01

With the development of nuclear use for peaceful purposes and the intensification of international cooperation in the field of nuclear energy, many countries attach more and more importance to legal risks of nuclear liability, and the companies in nuclear industry also enhance research on restrictive articles of nuclear liability in their international businesses. However, because China has neither signed any international convention on civil liability for nuclear damage nor adopted any law on atomic energy and on compensation for nuclear damage, many impediments often occur in international cooperation and trade. This essay is trying to outline the status and structure of international nuclear liability, analyze nuclear liabilities in international procurement for nuclear operating companies and respective solutions. (authors)

Optimizing the Banking Activity Using Assets & Liabilities Management

Directory of Open Access Journals (Sweden)

Vasile Dedu

2008-10-01

Full Text Available In the actual study, starting from the international experience, we revealed the role that should be taken by the Assets and Liabilities Committee (ALCO within the Romanian commercial banks. ALCO became one of the tools used by the executive management of the banks to take decisions regarding the future policy of assets and liabilities management, relying on the synthetic information prepared by well trained technicians but without voting right (usually middle management staff. We consider that the implementation of an assets and liabilities management strategy cannot be done without an appropriate corporate governance structure, even though the bank is having highly specialized staff. Models of some western banking institutions may be considered as benchmarks by the Romanian banks.

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

Directory of Open Access Journals (Sweden)

Andreea Stoican

2016-06-01

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

Diagnostic Problem-Solving Process in Professional Contexts: Theory and Empirical Investigation in the Context of Car Mechatronics Using Computer-Generated Log-Files

Science.gov (United States)

Abele, Stephan

2018-01-01

This article deals with a theory-based investigation of the diagnostic problem-solving process in professional contexts. To begin with, a theory of the diagnostic problem-solving process was developed drawing on findings from different professional contexts. The theory distinguishes between four sub-processes of the diagnostic problem-solving…

Trends in nuclear third party liability law

International Nuclear Information System (INIS)

Avossa, G.

1992-01-01

For some ten years now, nuclear third-party liability has been changing at an ever-faster pace, further accelerated by the Chernobyl catastrophe. Some of these changes are discussed in this article. A joint protocol drawn up by the International Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) mutually extends the benefit of the special third-party liability system regarding nuclear damage instituted by virtue of previous Conventions and settles the conflicts of law likely to result from the simultaneous application of the two international instruments. Within the framework of the IAEA, a review procedure of the Convention of Vienna has been underway since 1989, in which the NEA has taken an integral part. At the outcome of the process underway, not only will the Convention of Vienna be revised, but so, indirectly but very rapidly, will the Conventions of Paris and Brussels. Ultimately, the entire field of nuclear third-party liability will be recast for decades to come. The texts under discussion are as yet nowhere near their final stage but two areas of consideration have already emerged, which will be discussed. Substantial modifications are made in nuclear third-party liability law. Secondly, the indemnification process for nuclear damage will be vastly modified, due to the subsidiary nature of government intervention and new obligations on operators to become members of a Nuclear Operator Pool. (author)

Counselor Educators and Students with Problems of Professional Competence: A Survey and Discussion

Science.gov (United States)

Brown-Rice, Kathleen; Furr, Susan

2016-01-01

A total of 370 counselor educators in CACREP-accredited [Council for Accreditation of Counseling and Related Educational Programs] programs were surveyed to determine their knowledge of master's students' problems of professional competence (PPC) and their perception of roadblocks that affect gatekeeping practices. Findings suggest that educators…

Practical Liability Issues of Information Technology Education: Internship and Consulting Engagements

Directory of Open Access Journals (Sweden)

Daniel A. Peak

1998-01-01

Full Text Available This article examines university liability created by internship and consulting relationships. Business clients participating in outreach relationships formulate performance expectations based on perceptions of experience and / or qualifications. Clients assign tasks accordingly, and the university incurs liability that is conditioned by business clients’ expectations. Substantial liability is related to unusually large and rare unfavorable outcomes in the outreach engagement, known as tail events. Tail events can significantly and negatively impact the client. Both the liability for and the probability of tail events increase as universities continue to expand business outreach activities. As internship and consulting engagements increase, the probability of a tail event also increases. The responsibilities of IT intern engagements and potential liability of the sponsoring university are analyzed. The university is the primary insurer for the client and indemnifies its representatives. All internship engagements should be formalized by written contract. An example contract is attached.

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

International Nuclear Information System (INIS)

1983-01-01

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

Professional Problems Experienced by Information Technology Teachers and Suggested Solutions: Longitudinal Survey

Directory of Open Access Journals (Sweden)

Hafize Keser

2013-02-01

Full Text Available The study aimed to determine the opinions of teacher candidates in the fourth year of Computer Education & Instructional Technologies department (CEIT on the Problems Experienced by Information Technology (IT Teachers and Suggested Solutions and it has been designed in case study routine taking place within qualitative research tradition and in a longitudinal survey model. The final year IT teacher candidates receiving education in Ankara University Educational Sciences Faculty CEIT department in academic years 2011-2012 and 2012-2013 have formed the study group of the research (N=123. The data obtained in the research by open-end questionnaire have been analysed and interpreted by inductive encoding technique, freuency analysis and descriptive content analysis. At the end of the study carried out, it has been determined that the IT teacher candidates have handled in two sub-dimensions the problems experienced by the IT teachers, these being, problems towards the courses the IT teachers attend and problems regarding the professional lives of IT teachers and suggested solutions in line with these. The leading problems towards the courses the IT teachers attend are that the courses are optional, the courses are grade-free, the course hours are few, the significance of IT not being comprehended very well by the executives, teachers, parents and students, inadequacy of physical means of IT classes and references of the course. And, the main problems regarding professional lives of IT course teachers are the duty, power and responsibility of IT teachers not made clear enough, difficulties in formative teacher practice, course hours which have to be completed by IT teachers not being able to be completed and problem of permanent staff, the courses that must be attended by IT teachers being taugth by teachers from other branches, lack of executives and experts trained from a field to supervise IT and formative teachers. And, the suggested leading

Financial Management: DoD Process for Reporting Contingent Legal Liabilities

National Research Council Canada - National Science Library

Granetto, Paul J; Marsh, Patricia A; Peek, Marvin L; Brittingham, Scott S; Baidridge, Denise E; Egu, Charles O; Schenck, Kristy M; Adams, Carl L; Reiser, Cheri L

2006-01-01

... contingent liabilities should read this report. It identifies areas where DoD and its Components have not fully complied with Federal financial accounting standards and are not consistent in computing and disclosing contingent legal liabilities...

Standards and producers' liability

International Nuclear Information System (INIS)

Kretschmer, F.

1979-01-01

The author discusses the liability of producers and the diligence required, which has to come up to technical standards and the latest state of technology. The consequences of this requirement with regard to claims for damages are outlined and proposals for reforms are pointed out. (HSCH) [de

CREATIVE ACCOUNTING TECHNIQUES ON EQUITY AND LIABILITIES TO TOURISM ENTITIES

Directory of Open Access Journals (Sweden)

Luminita PAIUSAN

2017-12-01

Full Text Available Our research is topical in the context in which accounting takes an increasingly important role in the social life of each individual and implicitly of the society it belongs to and aims to present the alternative accounting concepts and practices of creative accounting on equity and liabilities to tourism entities. In determining the arguments to justify the real need for knowledge in this area we must delineate the research field Creative Accounting. In this sense, the research envisaged a systematization and reconsideration as well a synthesis and antithesis of the concepts presented on this topic in the specialized literature, in the regulations of various professional bodies and authorities. The knowledge of the patrimonial system, of its capacity to generate profits at a time is insured with both accounting and an accurate and effective control.

The Problem-Solving Approach of Health and Education Professionals Who Have Experience in the Arts as an Artist and Personal Experience in Trauma

Science.gov (United States)

Myers, Chanel Laura

2017-01-01

Clients face many different obstacles within healthcare and education settings. Professionals in health and education fields are in a position to be a problem-solving resource to clients, students, and patients. The subset of professionals being examined are problem-solving professionals, who work with clients/students/patients, within the health…

Catastrophic events leading to de facto limits on liability

International Nuclear Information System (INIS)

Solomon, K.A.; Okrent, D.

1977-05-01

This study conducts an overview of large technological systems in society to ascertain prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability. Several potential situations are examined: dam rupture, aircraft crash into a sports stadium, chemical plant accident, shipping disaster, and a toxic drug disaster. All of these events are estimated to have probabilities per year similar to or larger than a major nuclear accident and they are found to involve potential liability far exceeding the available resources, such as insurance, corporation assets, or government revenues

Problems involving salaried managers in Russia

OpenAIRE

Nelyubina Maria Alexandrovna

2011-01-01

The article is devoted relationships between owners of the company and top-managers. Problems of top-management motivation, shareholders` control, liability of infringement of the rights and interests of shareholders are investigated.

33 CFR 153.405 - Liability to the pollution fund.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

Environmental liability and the independent contractor

International Nuclear Information System (INIS)

Gilmour, B.S.

1999-01-01

The provisions of the Environmental Protection and Enhancement Act (EPEA) regarding the relationship between a company and an independent contractor were reviewed. The EPEA was introduced in September 1993 and significantly altered the environmental laws in the province of Alberta. The provisions of the EPEA that apply to the petroleum industry are conservation and reclamation as well as provisions concerning release of substances, contaminated sites and penalties. Companies that pollute may be held liable for reclamation, even if the work was carried out by an independent contractor and despite the fact that the independent contractor is not an employee of the company. Under the current EPEA laws, companies may not be able to effectively shift responsibility for environmental liabilities to independent contractors even where the contractor was negligent. This paper presented suggestions regarding contractor agreements and due diligence to help minimize the risk of liability to companies. The paper also discussed the following two types of liabilities under the EPEA's harmful substances section: (1) the obligation to clean up an affected area, and (2) fines and penalties that may be imposed when an offence is committed

Professional problems: the burden of producing the "global" Filipino nurse.

Science.gov (United States)

Ortiga, Yasmin Y

2014-08-01

This paper investigates the challenges faced by nursing schools within migrant-sending nations, where teachers and school administrators face the task of producing nurse labor, not only for domestic health needs but employers beyond national borders. I situate my research in the Philippines, one of the leading sources of migrant nurse labor in the world. Based on 58 interviews with nursing school instructors and administrators, conducted from 2010 to 2013, I argue that Philippine nursing schools are embedded within a global nursing care chain, where nations lower down the chain must supply nurse labor to wealthier countries higher up the chain. This paper shows how this process forces Filipino nurse educators to negotiate an overloaded curriculum, the influx of aspiring migrants into nursing programs, and erratic labor demand cycles overseas. These issues create problems in defining the professional knowledge needed by Filipino nurses; instilling professional values and standards; and maintaining proper job security. As such, these findings demonstrate how countries like the Philippines bear the burden of ensuring nurses' employability, where educational institutions constantly adjust curriculum and instruction for the benefit of employers within wealthier societies. My interviews reveal how such adjustments undermine the professional values and standards that define the nursing profession within the country. Such inequality is an outcome of nurse migration that current research has not fully explored. Copyright © 2014 Elsevier Ltd. All rights reserved.

Problems of applying legal liability for offenses in the sphere of long-term temporary usage of forests in Ukraine

Directory of Open Access Journals (Sweden)

Д. М. Мікулин

2015-11-01

Full Text Available Problem setting. Today the institute of legal responsibility functionates inefficiently, which can be explained by a weak theoretical development problems of this institution in particular legal sciences (including the environmental law; legislative gaps; low level of skills of the executive officers in the field of environmental protection, rational use, restoration and protection of natural resources. These provisions completely relate as well to the problems of applying legal responsibility for violations in the field of long-term temporary use of forests. Recent research and publications analysis. Issues of legal responsibility for offenses in the sphere of forest usage were considered in the scientific works of B. Boreiko, S. Kravchenko, O. Shumilo, O. Storchous etc. Anyhow, the legal precedents in the scope of offenses in the sphere of long-term temporary usage of forests in Ukraine remains not studied. Paper objective is the analysis of the most typical recent legal cases in the scope of long-term temporary usage of forests that demonstrate the roots for conflicts between the forest users, local public authorities and the public. Paper main body. Based the an analysis of cited precedents, it can be unequivocally concluded that the forest legislation doesn’t regulate efficiently the liability for violations in the field of long-term temporary usage of forests in Ukraine. Forest users often fail to comply with the contract terms of using forests in the part of veto on business activity, as well as constructing fences, that impedes the access of local residents to natural resources. The procedure for receiving forest lands in temporary usage is extremely corrupt, and citizens have to go to court to bring regional administrations to administrative responsibility for unjustified refusal to provide forest lands in the long-term temporary usage. Conclusions of the research. Author believes that the effective solution of modern problems is not

Impact of standards and certification on environmental impairment liability insurance programs

International Nuclear Information System (INIS)

Gulledge, W.P.

1993-01-01

Environmental impairment liability (EIL) insurance is available for petroleum storage tank and other environmental exposures. Recent standards and performance criteria for leak detection for underground storage tanks (USTs) and other technical standards for USTs have been both a benefit and an interference to risk-based underwriting of storage tank EIL insurance programs. Insurance underwriters and state financial responsibility program administrators are confronted with confusing information to manage these environmental risks. Standards and certification are also key issues for site assessment programs. Recent activities from ASTM and the Institute for Environmental Auditing (IEA) have addressed the need to increase the professional stature of site assessments and environmental management. Reaction and acceptance of these efforts by the users have been mixed. Ultimately, these efforts will greatly impact insurance coverage for environmental risks

Search Engine Liability for Copyright Infringement

Science.gov (United States)

Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.

The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.

Global Cities and Liability of Foreignness

DEFF Research Database (Denmark)

Wernicke, Georg; Mehlsen, Kristian

2016-01-01

In this paper, we combine the concepts of location, liability of foreignness (LoF), and their relation to factors that drive multinational enterprises (MNEs) towards, or away from, global cities. We argue that three interrelated characteristics of global cities - cosmopolitanism, availability...... indicate that MNEs have a stronger propensity to locate in global cities than in metropolitan or peripheral areas, and that these locational choices are affected by institutional distance and industrial characteristics. The results provide empirical support for our argument that locating in a global city...... can reduce the liability of foreignness suffered by MNEs, and that global cities play a central role in the process of globalisation....

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

International Nuclear Information System (INIS)

Radetzki, M.

1999-01-01

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

7 CFR 760.113 - Refunds; joint and several liability.

Science.gov (United States)

2010-01-01

... 7 Agriculture 7 2010-01-01 2010-01-01 false Refunds; joint and several liability. 760.113 Section... Agricultural Disaster Assistance Programs § 760.113 Refunds; joint and several liability. (a) In the event that... provided that interest will in all cases run from the date of the original disbursement. (b) All persons...

"Contributory intent" as a defence limiting delictual liability | Ahmed ...

African Journals Online (AJOL)

In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may apply as a defence limiting delictual liability within the ambit of the Apportionment of Damages Act 34 of 1956 ...

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

African Journals Online (AJOL)

eliasn

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

Managing nuclear liabilities: 'hospital pass' or major opportunity?

International Nuclear Information System (INIS)

May, D.

1995-01-01

This paper sets out to start changing the perception that liabilities management is an unattractive part of the UK Nuclear Industry. The paper describes BNFL's successes and long term challenges in this area and concludes that liabilities management presents a major opportunity to:-Remove an Achilles heel of the industry; Create value for the companies concerned by successfully driving down costs; Sustain and exploit internationally a major UK competitive edge. (Author)

The development of a professional development intervention for mathematical problem-solving pedagogy in a localised context

Directory of Open Access Journals (Sweden)

Brantina Chirinda

2017-06-01

Full Text Available This article reports on the design and findings of the first iteration of a classroom-based design research project which endeavours to design a professional development intervention for teachers’ mathematical problem-solving pedagogy. The major outcome of this study is the generation of design principles that can be used by other researchers developing a professional development (PD intervention for mathematical problem-solving pedagogy. This study contributes to the mathematical problem-solving pedagogy and PD body of knowledge by working with teachers in an under-researched environment (an informal settlement in Gauteng, South Africa. In this iteration, two experienced Grade 9 mathematics teachers and their learners at a public secondary school in Gauteng, South Africa, participated in a 6-month intervention. Findings from the data are discussed in light of their implications for the next cycle and other PD studies.

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

International Nuclear Information System (INIS)

Schwartz, J.

2008-01-01

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

Liability and automation : issues and challenges for socio-technical systems

NARCIS (Netherlands)

Contissa, G.; Laukyte, M.; Sartor, G.; Schebesta, H.; Masutti, A.; Lanzi, P.; Marti, P.; Tomasello, P.

2013-01-01

Who is responsible for accidents in highly automated systems? How do we apportion liability among the various participants in complex socio-technical organisations? How can different liability regulations at different levels (supranational, national, local) be harmonized? How do we provide for

Nuclear Liability Act. RS, c.29 (1st supp.), s.1

International Nuclear Information System (INIS)

1985-01-01

The Revised Statutes of Canada 1985 which entered into force on 12 December 1988 revoked the Nuclear Liability Act of 1970, replacing it with a new version. The new Act (Chapter N-28 of the Revised Statutes) updates the previous text and makes some linguistic corrections. The principles of the Act of 1970 remain unchanged, namely absolute liability of the nuclear operator, such liability being limited in amount and in time [fr

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

African Journals Online (AJOL)

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

Torts Liability for Strike Action and Third Party Rights.

Science.gov (United States)

Raday, Frances

1979-01-01

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

Audit of long-term and short-term liabilities

Directory of Open Access Journals (Sweden)

Korinko M.D.

2017-03-01

Full Text Available The article determines the importance of long-term and short-term liabilities for the management of financial and material resources of an enterprise. It reviews the aim, objects and information generators for realization of audit of short-term and long-term obligations. The organizing and methodical providing of audit of long-term and short-term liabilities of an enterprise are generalized. The authors distinguish the stages of realization of audit of long-term and short-term liabilities, the aim of audit on each of the presented stages, and recommend methodical techniques. It is fixed that it is necessary to conduct the estimation of the systems of internal control and record-keeping of an enterprise by implementation of public accountant procedures for determination of volume and maintenance of selection realization. After estimating the indicated systems, a public accountant determines the methodology for realization of public accountant verification of long-term and short-term liabilities. The analytical procedures that public accountants are expedient to use for realization of audit of short-term and long-term obligations are determined. The authors suggest the classification of the educed defects on the results of the conducted public accountant verification of short-term and long-term obligations.

Legal liability for failure to prevent pregnancy (wrongful pregnancy

Directory of Open Access Journals (Sweden)

Lodewicus Charl Coetzee

2017-05-01

Full Text Available Can the conception of a child ever constitute damage recoverable in law? This article considers the liability of healthcare practitioners for failing to prevent a pregnancy. Developments leading to the recognition of wrongful pregnancy as a cause of (legal action in South Africa (SA, are briefly outlined. The salient points of the relevant judgments by SA courts are set out to expose the rationale underlying the judgments and to highlight that recognition of liability for wrongful pregnancy resulted from an application of fair and equitable principles of general application. Conduct that could expose practitioners to liability is identified from reported cases and inferred from general principles laid down in case law.

Standard rules for liability and cover for nuclear installations

International Nuclear Information System (INIS)

Pfaffelhuber, J.K.; Kuckuck, B.

1980-01-01

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

Liability and automation : issues and challenges for socio-technical systems

NARCIS (Netherlands)

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

2013-01-01

Who is responsible for accidents in highly automated systems? How do we apportion liability among the various participants in complex socio-technical organisations? How can different liability regulations at different levels (supranational, national, local) be harmonized? How do we provide for

Problems involving salaried managers in Russia

Directory of Open Access Journals (Sweden)

Nelyubina Maria Alexandrovna

2011-10-01

Full Text Available The article is devoted relationships between owners of the company and top-managers. Problems of top-management motivation, shareholders` control, liability of infringement of the rights and interests of shareholders are investigated.

Malpractice liability and defensive medicine: a national survey of neurosurgeons.

Directory of Open Access Journals (Sweden)

Brian V Nahed

Full Text Available BACKGROUND: Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. METHODS: A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. RESULTS: A total of 1028 surveys were completed (31% response rate by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%, laboratory tests (67%, referring patients to consultants (66%, or prescribing medications (40%. Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. CONCLUSIONS: Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

Malpractice liability and defensive medicine: a national survey of neurosurgeons.

Science.gov (United States)

Nahed, Brian V; Babu, Maya A; Smith, Timothy R; Heary, Robert F

2012-01-01

Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. A total of 1028 surveys were completed (31% response rate) by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%), laboratory tests (67%), referring patients to consultants (66%), or prescribing medications (40%). Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

33 CFR 138.240 - Procedure for calculating limit of liability adjustments for inflation.

Science.gov (United States)

2010-07-01

... of liability adjustments for inflation. 138.240 Section 138.240 Navigation and Navigable Waters COAST... calculating limit of liability adjustments for inflation. (a) Formula for calculating a cumulative percent... later than every three years from the year the limits of liability were last adjusted for inflation, the...

THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS

Directory of Open Access Journals (Sweden)

ANDRA ROXANA ILIE

2012-05-01

Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.

An overview of the international regime governing liability for nuclear damage

International Nuclear Information System (INIS)

Sturms, W.; Reye, S.

1995-01-01

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

International Liability Issues for Software Quality

National Research Council Canada - National Science Library

Mead, Nancy

2003-01-01

This report focuses on international law related to cybercrime, international information security standards, and software liability issues as they relate to information security for critical infrastructure applications...

The inadequate liability and compensation regime for damage caused by nuclear activities

International Nuclear Information System (INIS)

Dyke, Jon M. Van

2010-09-01

The specific obligation to provide restitution and compensation when nuclear activities cause injuries has been recognized repeatedly and is now certainly part of customary international law. But problems remain regarding how to measure damages, how to implement the duty to repair the injuries, and what specific obligations exist to protect neighboring states from transboundary pollution. Although some treaties exist governing liability for harm resulting from nuclear accidents, they are not adequate to protect victims and have not been widely ratified. The failure to require nuclear operators to prepare for damage that may result from accidents constitutes a subsidy to the nuclear industry and makes it difficult to compare the real costs of nuclear energy with the costs of other energy sources. This survey of settled norms and unresolved issues demonstrates that further work is needed to develop a comprehensive and authoritative regime to govern harm from nuclear activities. Although it is clear that both the operators of nuclear facilities and the states that have jurisdiction over them would be responsible to provide restitution and compensation for such harm under a strict liability regime, the types of injuries that must be compensated and the range of damages that must be covered remain subjects of controversy. Although the underlying customary international law principles (the no-harm principle and the polluter-pays principle) are clear, the actual treaties that have been drafted are inadequate and they have not been widely ratified. Victims of damage from nuclear activities would have difficulty finding a neutral tribunal in which to bring their claims and would face procedural obstacles including caps on liabilities and inappropriately short statutes of limitations as well as difficulties regarding proof of damages. The failure to develop a proper regime that would ensure full restitution and compensation for harm resulting from nuclear facilities

Liability of Legal Person in Indonesia: A Statutory and Practical Review

Directory of Open Access Journals (Sweden)

Yetty Komalasari Dewi

2013-01-01

Full Text Available Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.

Double liability in a branch banking system: Historical evidence from Canada

OpenAIRE

Grodecka, Anna; Kotidis, Antonis

2016-01-01

We investigate the effects of the abolition of double liability requirement imposed on bank shareholders in Canada on bank risk-taking and lending behavior. Under the double liability rule, the shareholders of a bank were liable up to twice the amount of their subscribed shares in the case of bankruptcy. With the establishment of the Bank of Canada in 1934, the double liability requirement became less stringent and depended on the pace of the redemption of notes in circulation issued by the i...

Nuclear operator. Liability amounts and financial security limits

International Nuclear Information System (INIS)

2015-07-01

This paper gives, for numerous countries involved (or would be involved) in nuclear activities, financial information on the liability amount imposed on the operator, the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated, and the public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula

The liability rules under international GHG emissions trading

International Nuclear Information System (INIS)

Zhong Xiang Zhang

2001-01-01

Article 17 of the Kyoto Protocol authorizes emissions trading, but the rules governing emissions trading have been deferred to subsequent conferences. In designing and implementing an international greenhouse gas (GHG) emissions trading scheme, assigning liability rules has been considered to be one of the most challenging issues. In general, a seller-beware liability works well in a strong enforcement environment. In the Kyoto Protocol, however, it may not always work. By contrast, a buyer-beware liability could be an effective deterrent to non-compliance, but the costs of imposing it are expected to be very high. To strike a middle ground, we suggest a combination of preventive measures with strong but feasible end-of-period punishments to ensure compliance with the Kyoto emissions commitments. Such measures aim to maximize efficiency gains from emissions trading and at the same time, to minimize over-selling risks. (author)

Case Study: Use of Problem-Based Learning to Develop Students' Technical and Professional Skills

Science.gov (United States)

Warnock, James N.; Mohammadi-Aragh, M. Jean

2016-01-01

Problem-based learning (PBL) is a pedagogy that has attracted attention for many biomedical engineering curricula. The aim of the current study was to address the research question, "Does PBL enable students to develop desirable professional engineering skills?" The desirable skills identified were communication, teamwork, problem…

DISCIPLINAIRIE LIABILITIES OF THE EUROPEAN PUBLIC SERVANTS

Directory of Open Access Journals (Sweden)

Mihaela Tofan

2009-09-01

Full Text Available Work discipline is essential for the proper conduct of business within an organization with implications for productivity and efficiency. Disciplinary liability arises as a direct result of breach of service obligations and rules of behaviour. At EU level, disciplinary responsibility of community public servant is governed by the provisions of the Statute of the European Community published in the Official Journal of the European Community no. L 56 March 4, 1968 and amended on numerous occasions. This paper proposes an analysis of concrete conditions which require disciplinary liability of the European public servant, disciplinary sanctions and procedures for implementing them.

26 CFR 1.357-2 - Liabilities in excess of basis.

Science.gov (United States)

2010-04-01

... exchange as to which under section 357(b) (relating to assumption of liabilities for tax-avoidance purposes... 1.357-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Effects on Shareholders and Security Holders § 1.357-2 Liabilities in excess of...

32 CFR 536.123 - Limitation of liability for maritime claims.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Limitation of liability for maritime claims. 536... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.123 Limitation of liability for maritime claims. For admiralty claims arising within the United States under the provisions of the...

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

Science.gov (United States)

2010-10-01

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

Federal Act of 29 April 1964 on Liability for Nuclear Damage (Atomic Liability Act)

International Nuclear Information System (INIS)

Under this Act, the operator of a nuclear installation is liable for any nuclear incident occurring in such installation or which is caused by nuclear substances in his charge. If an incident is caused by a radioisotope, the person in possession of the radioisotope at the time of the incident is liable therefore. When an incident occurs during transport of nuclear substances, the carrier is liable in three cases only: when such substances are neither despatched to nor originating from installations on Austrian territory; when they are despatched without the written consent of the Austrian operator who is to receive them; and when they are not destined for a nuclear installation. Other provisions of the Act fix liability ceilings, a basis for apportionment of compensation when several victims are involved and the amount of security for coverage of the operators liability. The Act came into force on 1 September 1964. (NEA) [fr

Professional identity of civil servants as a scientific problem

OpenAIRE

Nataliia Anatoliivna Lypovska; Mykola Oleksandrovych Malanchii

2013-01-01

The article examines the concept of «professional identity» and its importance for the analysis of the professionalization of the civil servants. The basic concepts such as “profession”, “professionalism” (“professional development”), “professional competence”, and their relationship are concerned. Relevance of the research is due to the fact that professional identity acts as an internal source of professional development and personal growth of any business entity, and the question of the de...

Insurance and catastrophic events: can we expect de facto limits on liability recoveries

International Nuclear Information System (INIS)

Solomon, K.A.; Whipple, C.; Okrent, D.

1978-01-01

The purpose of this study is to take an overview of large technological systems in society to ascertain the prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability recoveries. In part, interest in this topic is spurred by the continuing discussion and controversy over the Price-Anderson Act which requires operators of nuclear plants to waive certain defenses and which limits the combined liability of the operator and the government to an amount less than the maximum potential public cost of a major nuclear reactor accident. A variety of technological events could result in assignable liabilities up to $25 billion, or more, depending on the value of life. These postulated events include: (1) the crash of a large aircraft into a crowded sports facility (an estimated $20.3 billion liability); (2) an explosion and subsequent dispersion of a chemical (such as chlorine or LNG) into a population center from a large manufacturing, storage, or transport facility (estimated $25.5 billion liability); (3) a massive nuclear power plant accident and the subsequent dispersal of large quantities of radioactive material to a large downwind population center ($25 billion liability); (4) the collision of two ships, such as a large LNG tanker and a large passenger liner, resulting in the deaths of all passengers on board ($5.5 billion liability); and (5) collapse of a large building in an earthquake, known by the owners to be seismically deficient and no steps having been taken to warn occupants or to remedy the situation (major deficiencies). All these events are found to involve potential liability far exceeding the available resources, whether they be insurance, corporation assets, or government revenues

12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

Price--Anderson Act: an imaginative approach to public liability concerns

International Nuclear Information System (INIS)

Lowenstein, R.

1977-01-01

Opposition to the Price-Anderson Indemnity Law is felt to be motivated by opposition to new nuclear power plant construction rather than against the insurance industry. Those who oppose nuclear power plants view them as an alternative rather than the additional source of energy needed to meet demand. The Act's historical background is reviewed, leading up to the insurance industry's conclusion that lack of actuarial statistics would prevent it from providing adequate insurance for potential liability claims. The 1957 Act was intended to provide public compensation in the event of an accident and to limit the liability of private industry. Several modifications were enacted over the years to close gaps in the original law and extend protection to new developments. Amendments were passed in 1975 that extend coverage to August 1, 1987, allow industry-financed indemnity to be substituted for government indemnity beyond the insurance available, and increase the limit of liability. Critics contend that (1) although the government has yet to pay out any claims, government indemnity amounts to a subsidy; (2) limits on liability are not reasonable if reactors are safe and licensable; and (3) liability coverage is a disincentive for reactor safety measures. These criticisms are not felt to be valid, however, and the amended bill's provisions are listed and found to be adequate

Remediation of old environmental liabilities in the Nuclear Research Institute Rez plc

International Nuclear Information System (INIS)

Svoboda, Karel; Podlaha, Josef

2011-01-01

The Nuclear Research Institute Rez plc (NRI) after 55 years of activities in the nuclear field produced some environmental liabilities that shall be remedied. There are three areas of remediation: (1) decommissioning of old obsolete facilities (e.g. decay tanks, RAW treatment technology, special sewage system), (2) processing of RAW from operation and dismantling of nuclear facilities, and (3) elimination of spent fuel from research nuclear reactors operated by the NRI. The goal is to remedy the environmental liabilities and eliminate the potential negative impact on the environment. Remediation of the environmental liabilities started in 2003 and will be finished in 2014. The character of the environmental liabilities is very specific and requires special remediation procedures. Special technologies are being developed with assistance of external subcontractors. The NRI has gained many experiences in the field of RAW management and decommissioning of nuclear facilities and will use its facilities, experienced staff and all relevant data needed for the successful realization of the remediation. The most significant items of environmental liabilities are described in the paper together with information about the history, the current state, the progress, and the future activities in the field of remediation of environmental liabilities in the NRI. (author)

Optimal investment decisions with a liability: the case of defined benefit pension plans

OpenAIRE

Josa-Fombellida, Ricardo; Rincón-Zapatero, Juan Pablo

2006-01-01

In this paper the optimal management of an aggregated dynamic pension fund is studied. To cover the promised liabilities to workers at the age of retirement, the plan sponsor continuously manages time-varying funds. He or she can choose the rate of contribution to the fund, the investment in a given number of risky assets, and a security with constant rate of return. The problem of maximizing the probability that the fund assets achieve some prescribed goal before some undesirable lower value...

University Liability for Sports Injuries.

Science.gov (United States)

Rieder, Robert W.; Woodruff, William B., Jr.

1993-01-01

Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)

18 CFR 367.2450 - Account 245, Derivative instrument liabilities-Hedges

Science.gov (United States)

2010-04-01

..., Derivative instrument liabilities—Hedges (a) This account must include the change in the fair value of... service company must record the change in the fair value of a derivative instrument liability related to a... change in the fair value of a derivative instrument liability related to a fair value hedge in this...

Bases for an environmental liability management system: application to a repository for radioactive waste

International Nuclear Information System (INIS)

Tostes, Marcelo Mallat

1999-03-01

This thesis aims the establishment of conceptual bases for the development of Environmental Liability Management System - instruments designed to provide financial and managerial coverage to financial liabilities arising from activities that impact the environment. The document analyses the theories that link the evolution of economic thought and environment, as a means of establish the necessary framework for the development of up-to-date environmental policy instruments. From these concepts and from the analysis of environmental liability system being implemented in several countries, the bases for environmental liability systems development are drawn. Finally, a study is carried out on the application of these bases for the development of an environmental liability management system for a radioactive waste repository. (author)

Professionalism, professionalization, expertise and compassion: a qualitative study of medical residents.

Science.gov (United States)

Phillips, Susan P; Dalgarno, Nancy

2017-01-23

Formal and informal medical curricula convey expectations about professionalization, that is, the development of physician identity, and also about professionalism. This study examined whether, in general, junior residents experienced any dissonance between these roles and focused particularly on how they negotiated conflicts between compassion, self-care, duty and medical expertise. In 2015, purposive sampling was used to select 21 first-year residents at a Canadian medical school. Participants listened to a 5-min audio-recording narrated in either male or female voice. Facing compassion fatigue after three obstetrical disasters over less than 2 days the resident narrator asks to go home. Participants reacted in writing to questions about this request and relevant teaching/modelling. Responses were analyzed using a qualitative, exploratory, thematic research design. Four themes were identified: i) empathy, self-doubt and fear of weakness, ii) the need for support from and communication with physicians and others, iii) education received, and iv) professionalization outranks professionalism. Participants agreed that under the circumstances the narrator's care, compassion and request were appropriate. Never the less, many grappled with feeling that asking to be relieved of work demonstrated weakness and a shirking of responsibility. Respondents had received no formal teaching about balancing compassion for patients or self with professional duty. Preceptors' informal teaching and modeling valorized scientific disengagement above all else. What emerged was participants' drive to become detached clinicians who set aside emotional responses and interactions that could impede and be incompatible with professionalization. However, participants also recognized and lamented what was lost in such a transformation. In the transition from student to practitioner, trainees' views and the modeling they receive shift emotion and compassion, whether for self or patients, from

Minimizing generator liability while disposing hazardous waste

International Nuclear Information System (INIS)

Canter, L.W.; Lahlou, M.; Pendurthi, R.P.

1991-01-01

Potential liabilities associated with hazardous waste disposal are related to waste properties, disposal practices and the potential threat to people and the environment in case of a pollutant release. Based on various regulations, these liabilities are enforceable and longstanding. A methodology which can help hazardous waste generators select a commercial disposal facility with a relatively low risk of potential liability is described in this paper. The methodology has two parts. The first part has 8 categories encompassing 30 factors common to all facilities, and the second part includes one category dealing with 5 factors on specific wastes and treatment/disposal technologies. This two-part evaluation feature enables the user to adapt the methodology to any type of waste disposal. In determining the scores for the factors used in the evaluation. an unranked paired comparison technique with slight modifications was used to weight the relative importance of the individual factors. In the methodology it is possible for the user to redefine the factors and change the scoring system. To make the methodology more efficient, a user-friendly computer program has been developed; the computer program is written so that desired changes in the methodology can be readily implemented

THE UNPREDICTABILITY THEORY AND THE CONTRACTUAL LIABILITY

Directory of Open Access Journals (Sweden)

CRISTINA ZAMSA

2011-04-01

Full Text Available The purpose of the present study is to establish a relationship between the unpredictability theory and the contractual liability, from both theoretical and practical point of view. Usually, the unpredictability is invoked by way of defense by the debtor, refusing to perform the excessively onerous obligation. However the unpredictability theory shall apply also to the hypothesis of a performed obligation, by way of main action, depending on more factors: the nature of the agreement, investigating the attitude of the party affected by the unpredictability. Observing the conditions and the effects of these two ways of invoking the unpredictability will form the objectives of the present study.The debtor of the excessively onerous, in order to avoid the contractual liability, shall nevertheless perform such obligation, by carrying along some additional costs. If subsequently, the creditor shall refuse to revise the agreement and implicitly, to reimburse the exorbitant costs, the debtor will have to raise the unpredictability by way of action, in order to recover the exorbitant costs in performing the obligation. In such case, the unpredictability is accompanied by another legal issue: the contractual liability of the co-contractor of the party affected by unpredictability.

26 CFR 1.456-4 - Cessation of liability or existence.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 6 2010-04-01 2010-04-01 false Cessation of liability or existence. 1.456-4... of liability or existence. (a) If a taxpayer has elected to apply the provisions of section 456 to a trade or business in connection with which prepaid dues income is received, and if the taxpayer's...

Liability of German suppliers and service providers for foreign projects

International Nuclear Information System (INIS)

Raetzke, Christian

2017-01-01

Main topic is the question of the extent to which German plant constructors, suppliers, engineering consultants, experts or operators expose themselves to liability for the delivery of their products and services abroad. In principle, in almost all nuclear power countries, liability is channelled to the operator; suppliers and service providers are exempted from liability. However, there are conceivable cases in which this principle does not apply. This can occur, for example, if a major accident is assumed to have an impact on neighbouring countries of the country of destination; here, depending on the applicable law, the German supplier or service provider could be ordered to pay for damages. The risk of liability remaining in this way can be reduced if necessary by means of an exemption clause in the supply contract. The regulation of the operator's recourse to the contractor, insofar as the latter is responsible for the accident, and the - controversial -question of to what extent damage to the plant itself gives rise to claims for damages by the operator against the contractor are also discussed.

A critical review of the Chilean civil nuclear liability regime

International Nuclear Information System (INIS)

Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

2013-01-01

This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

Problems of professional ethics standards use in auditors’ practice in Ukraine

Directory of Open Access Journals (Sweden)

Bondar V.P.

2017-03-01

Full Text Available Significant problems of the professional ethics principles violation by auditors cause many problems not only in reliability of disclosed audit opinion, but also cause problems of global stakeholders’ mistrust to the audit profession. This generally creates the barriers for ensuring the transparency of mechanisms of disclosure and verification of Ukrainian business data and does not help form appropriate investment climate. The article finds that auditor’s ethical principles should be regulated and organized on all the levels of the audit quality control ensuring. According to the results of this study, the author highlights these four levels (international, national, local, personal and describes the contribution of each level of documents in the organization of the quality control (in part of ethical principles has been. The research proves the system of organizational support for creating ethical principles compliance environment during carrying out audit assignment based on identifying and eliminating threats to auditors’ independence. In this regard, the author proposes the structure and content of organizational and administrative documents, which are the part of the internal audit quality control system.

Liabilities of the competent person for radiation protection

International Nuclear Information System (INIS)

Bizet, A.

2008-01-01

The article R. 4456-1 of the Labour code requires employer to appoint a competent person for radiation protection (C.P.R.). Although the prerogatives of the CPR are exercised under the responsibility of the employer, the traditional rules of questioning the liability apply to the employer as well as to the C.P.R.. For the civil liability, the object of which is to guarantee the compensation of damage by its author, but also for the criminal liability, which aims at punishing an illegal behaviour, the C.P.R. does not escape these traditional rules which, however, apply in a particular way considering the daily missions of the C.P.R.. If the responsibility of the employer is more questioned, notably because of the authority he/she exercises on his/her employee, the C.P.R. must not be considered as irresponsible regarding civil and penal requirements; the C.P.R. may indeed be questioned by an employee victim of damage. The activity of the C.P.R. (and thus the cases allowing the questioning of its liability) rests widely on the means which it has and the context in which it discharges its missions. Moreover the judge does take into account the resources which an agent has to judge his responsibility. Thus, the relations of the C.P.R. with other actors of the radiation protection, internal or external in the establishment, are determining. (author)

Developing a parent-professional team leadership model in group work: work with families with children experiencing behavioral and emotional problems.

Science.gov (United States)

Ruffolo, Mary C; Kuhn, Mary T; Evans, Mary E

2006-01-01

Building on the respective strengths of parent-led and professional-led groups, a parent-professional team leadership model for group interventions was developed and evaluated for families of youths with emotional and behavioral problems. The model was developed based on feedback from 26 parents in focus group sessions and recommendations from mental health professionals in staff meetings. Evaluations of an implementation of the model in a support, empowerment, and education group intervention (S.E.E. group) have demonstrated the usefulness of this approach in work with families of children with behavioral and emotional problems. This article discusses the challenges of instituting the model in an S.E.E. group. It explores how parents and professionals build the team leadership model and the strengths of this approach in working with parents of youths with serious emotional disturbances.

THE BUILDER?S LIABILITY BEYOND THE DEFECTS LIABILITY

Directory of Open Access Journals (Sweden)

Johnson I IKPO

2005-01-01

Full Text Available This paper reviews the obligations of a builder after the expiration of the contracted defects liability period using relevant decided cases. The common areas identified as forming the bedrock of litigation pertain to structural and dimensional stability, freedom from damp, durability, adequate drainage, good waste disposal works, and effective service installations. Particular reference is made to walls, roofs, and services, which from the pilot study account for about 46%, 23%, and 17% respectively of the total defects attributable to the builder. It is concluded that the builder is responsible for defects arising from his product till the effluxion of reasonable time, except he establishes an element of contributory negligence.

The Limits of Responsibility: Liability for Damage in the Deep Seabed?

NARCIS (Netherlands)

Plakokefalos, I.

2013-01-01

This contribution seeks to discuss the limits of state responsibility as they are witnessed in the topic of international liability. The first part addresses the intersection between responsibility and liability using as a reference point the work of the International Law Commission. The second part

Establishment of radioactive source retirement mechanism based on the method of environmental liability insurance

International Nuclear Information System (INIS)

Wang Hongwei

2013-01-01

The retirement of radioactive source is a difficult problem that we are facing during the radiation safety regulation in China. This paper analyses the reason of the problem regarding the retirement of radioactive source both from the utilization units and the regulatory body. It is considered that the basic reason is the enterprises don't arrange and use the retirement funds reasonably, which is an economic problem. There exists a limitation when facing the radioactive source retirement in light of licensing and regulation mechanism of the manufacture, selling, uses of radioactive sources in China, and the key to solve this economic problem is to introduce economic method, Some measures and suggestions are given to establish radioactive sources retirement mechanism by using economic methods, based on the comprehensive analysis of the concept, development and function of the environmental liability insurance. (author)

[Legal aspects of the health care institution liability for nosocomial infections].

Science.gov (United States)

Garus-Pakowska, Anna; Szatko, Franciszek; Pakowski, Maciej

2009-01-01

In this paper, the basic concepts concerning the liability of health care institution for nosocomial infections are presented. The principles of ex contracto and ex delicto liabilities, as well as the concept of so-called anonymous guilt are discussed. The range of duties for both the health care institution and the employed medical personnel is indicated, the duties and the consequences of their non-fulfillment are systematized, and the obligatory jurisdiction concerning the functioning of prima facie evidence is considered. The author aimed at explaining the principles governing the civil liability of health care institutions and their employees.

Alcohol on Campus and Possible Liability.

Science.gov (United States)

Buchanan, E. T.

1983-01-01

Reviews laws and court cases relating to alcohol and possible civil and criminal liability. Suggests a number of risk management principles, including knowledge of the law, policies forbidding hazing, fostering alcohol awareness, and discipline. (JAC)

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

Directory of Open Access Journals (Sweden)

Oleksii Drozd

2017-12-01

Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

Partnerships – Limited partnerships and limited liability limited partnerships

OpenAIRE

Henning, Johan J.

2000-01-01

Consideration of the Limited Liability Partnership Act 2000 which introduced a new corporate entity, carrying the designations “partnership” and “limited” which allow members to limit their liability whilst organising themselves internally as a partnership. Article by Professor Johan Henning (Director of the Centre for Corporate Law and Practice, IALS and Dean of the Faculty of Law, University of the Free State, South Africa). Published in Amicus Curiae - Journal of the Institute of Advanced ...

Through the looking glass: placing India's new civil liability regime for nuclear damage in context

International Nuclear Information System (INIS)

Gruendel, Robert J.; Kini, Els Reynaers

2012-01-01

Until India adopted the Civil Liability for Nuclear Damage Act, 2010 (Liability Act) and the Civil Liability for Nuclear Damage Rules, 2011 (Liability Rules or Rules), no specific legislation was in place to govern nuclear liability or to compensate victims for damages due to a nuclear incident in India. Before delving into a more legal-technical analysis of the Liability Act and Rules (Part B), it is worth first briefly touching upon India's general energy situation, which necessarily influences India's policies, laws and negotiating strategies while also driving the significant business opportunities in the nuclear energy sector (Part A). Taking a look at India's energy sector today also underscores the sheer size of India's plans to build new nuclear power plants, which stands in dramatic contrast to the goals of many other countries. In this article, we will address the relationship of the Liability Act with the Convention on Supplementary Compensation for Nuclear Damage (CSC) (Part C), while also touching upon the current status of an Indian nuclear insurance pool (Part D) and discussing some recent domestic developments, including the filing of public interest litigations and amendments to the Liability Rules (Part E), before presenting some concluding thoughts (Part F)

Asset liability management modeling using multi-stage mixed-integer stochastic programming

NARCIS (Netherlands)

Drijver, S.J.; Klein Haneveld, W.K.; van der Vlerk, Maarten H.

2000-01-01

A pension fund has to match the portfolio of long-term liabilities with the portfolio of assets. Key instruments in strategic Asset Liability Management (ALM) are the adjustments of the contribution rate of the sponsor and the reallocation of the investments in several asset classes at various

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

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

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

Liability for international nuclear transport: an overview

International Nuclear Information System (INIS)

Brown, O.F.; Horbach, N.

2000-01-01

Many elements can bear on liability for nuclear damage during transport. For example, liability may depend upon a number of facts that may be categorized as follows: shipment, origin or destination of the shipment, deviation from the planed route, temporary storage incidental to carriage; content of shipment, type of nuclear material involved, whether its origin is civilian or defence-related; sites of accident, number and type of territories damaged (i.e. potential conventions involved), applicable territorial limits, exclusive economic zone, high seas, etc.; nature of damages, personal injury, property damage, damage to the means of carriage, indirect damage, preventive measures, environmental cleanup or retrieval at seas, res communis, transboundary damages etc.; victims involved, nationality and domiciles of victims; jurisdiction, flag (for ships) or national registration (for aircraft) of the transporting vessel, courts of one or more states may have (or assert) jurisdiction to hear claims, and may have to determine what law to apply to a particular accident; applicable law, the applicability laws and/or international nuclear liability conventions; the extent to which any applicable convention has been implemented or modified by domestic legislation, conflicts with the 1982 Law of the Sea Convention or other applicable international agreements, and finally, also written agreements between installation operators and carriers can define applicable law as well as responsibilities. Harmonizing nuclear liability protection and applying it to additional international shipments would be facilitated by more countries being in treaty relations with each other as soon as possible. Adherence to an international convention by more countries (including China, Russia, the United States, etc.) would promote the open flow of services and advanced technology, and better facilitate international transport. The conventions protect the public, harmonize legislation in the

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

International Nuclear Information System (INIS)

Jacobsson, M.

2000-01-01

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

Organizational liability for adverse reactions to the contrast media

International Nuclear Information System (INIS)

Lim, Chang Seon

2007-01-01

Contrast medium is a very useful tool for X-ray examinations. But contrast medium has some unavoidable adverse reactions. For those patients who have never received contrast medium before, it is impossible to predict whether they will suffer from certain kinds of adverse reactions. Thus, radiologists should use strategies to minimize adverse events and be prepared to promptly recognize and manage any reactions to the contrast media. If a radiologist commits medical malpractice, he will face civil responsibility. Medical malpractice means a tort or breach of contrast that occurs in a medical setting. Medical malpractices happen, despite the efforts of hospital staff. Many courts have applied the traditional doctrine of respondeat superior in actions against organizations for injuries caused by their employees. It is a legal doctrine, which states that an employer is responsible for employee actions performed within the course of the employment. A hospital is an organization for health purposes. An organization may be convicted of an offense committed by an employee of the organization acting in its behalf and within the scope of this office or employment. Organizational liability involves a wide variety of legal issues, including tort liability, wrongful employment practices, personal injury, breach of fiduciary duty, and so on. Many executive directors of organizations are aware of their personal and organizational risks of exposure to legal liabilities. The employer must have the right to control the physical conduct of the employee and must consent to receive the employee's services, while expecting some benefits from the services offered. Therefore, legal liability can be imposed for improper selection, assignment, training, and supervision of employees. In conclusion, the hospital itself has organizational liability for adverse reactions to the contrast medium

Analysis Brazilian preference shares: financial liabilities or equity instruments?

Directory of Open Access Journals (Sweden)

Diana Lucia de Almeida

2016-05-01

Full Text Available The Brazilian preference shares, in general, except when they present specific features, such as mandatory redemption and cumulative dividends, meet the accounting definition of equity instruments. However, the scientific literature believes that those shares that do not have discretion to avoid the delivery of cash must be classified as financial liabilities. In a context in which remain differences of understanding of their proper accounting treatment, the following question arises: preferred shares of Brazilian companies are being recognized in the financial statements in accordance with the theoretical and normative precepts? Thus, the aim of this study is to verify if the preference shares of Brazilian companies have been recognized in the financial statements for according to the scientific literature and accounting standards. Through content analysis, we analyzed the information of 157 companies listed on BM&FBOVESPA. The results show that 155 companies classify its preference shares as equity instruments and two as financial liabilities. These two companies, as well as 149 of those which qualify as equity instruments, are treating them properly in its accounting. The other six companies should present its preference shares as liabilities, given the absence of discretion to avoid cash delivery, feature present in financial liabilities, unlike equity instruments. It is noticed that, unlike what happens, for instance, in the US market, it is not possible to classify all Brazilian preference shares as a financial liability, since, in Brazil , they are used in different legal format of those widely found in that market. Moreover, almost all of the analyzed shares have essential features for classification as equity instruments. Hence, the importance of analysis of the economic essence of each instrument, thus, enabling the appropriate accounting treatment in the financial statements.

Exploring the role of GIS during community health assessment problem solving: experiences of public health professionals

Directory of Open Access Journals (Sweden)

Scotch Matthew

2006-09-01

Full Text Available Abstract Background A Community health assessment (CHA involves the use of Geographic Information Systems (GIS in conjunction with other software to analyze health and population data and perform numerical-spatial problem solving. There has been little research on identifying how public health professionals integrate this software during typical problem solving scenarios. A better understanding of this is needed to answer the "What" and the "How". The "What" identifies the specific software being used and the "How" explains the way they are integrated together during problem solving steps. This level of understanding will highlight the role of GIS utilization during problem solving and suggest to developers how GIS can be enhanced to better support data analysis during community health assessment. Results An online survey was developed to identify the information technology used during CHA analysis. The tasks were broken down into steps and for our analysis these steps were categorized by action: Data Management/Access, Data Navigation, Geographic Comparison, Detection of Spatial Boundaries, Spatial Modelling, and Ranking Analysis. 27 CHA professionals completed the survey, with the majority of participants (14 being from health departments. Statistical software (e.g. SPSS was the most popular software for all but one of the types of steps. For this step (detection of spatial boundaries, GIS was identified as the most popular technology. Conclusion Most CHA professionals indicated they use statistical software in conjunction with GIS. The statistical software appears to drive the analysis, while GIS is used primarily for simple spatial display (and not complex spatial analysis. This purpose of this survey was to thoroughly examine into the process of problem solving during community health assessment data analysis and to gauge how GIS is integrated with other software for this purpose. These findings suggest that GIS is used more for spatial

Petroleum exclusion under CERCLA: A defense to liability

International Nuclear Information System (INIS)

Landreth, L.W.

1991-01-01

When CERCLA was originally passed in 1980, the petroleum industry lobbied successfully to exclude the term open-quotes petroleumclose quotes from the definition of a CERCLA section 101 (14) hazardous substance. Under CERCLA section 101 (33), petroleum is also excluded from the definition of a open-quotes pollutant or contaminant.close quotes Exclusion from the designation as a defined hazardous substance has provided a defense to liability under CERCLA section 107 when the release of petroleum occurs. The scope of the petroleum exclusion under CERCLA has been a critical and recurring issue arising in the context of Superfund response activities. Specifically, oil that is contaminated by hazardous substances during the refining process is considered open-quotes petroleumclose quotes under CERCLA and thus excluded from CERCLA response authority and liability unless specifically listed under RCRA or some other statute. The U.S. EPAs position is that contaminants present in used oil, or any other petroleum substance, do not fall within the petroleum exclusion. open-quotes Contaminants,close quotes as discussed here, are substances not normally found in refined petroleum fractions or present at levels which exceed those normally found in such fractions. If these contaminants are CERCLA hazardous substances, they are subject to CERCLA response authority and liability. This paper discusses the parameters of the CERCLA open-quotes Petroleum Exclusion.close quotes It briefly examines selected state laws, RCRA, the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA) for treatment of petroleum and petroleum products. And, finally, this paper discusses new legislation regarding oil pollution liability and compensation

The liability of the radiopharmacist and the nuclear physician in the use of radiopharmaceuticals

International Nuclear Information System (INIS)

Coustou, F.

1986-01-01

A brief article examines the traditional aspects of the physician's and pharmacist's liability in general followed by a discussion on the liability of the nuclear physician and the radiopharmacist in the use of radiopharmaceuticals. It is concluded that the liabilities involved in the use of radiopharmaceuticals go well beyond the scope of traditional medicine and pharmacy. (UK)

The limited liability company in Romania versus the limited liability company in the Republic of Moldova

OpenAIRE

Silvia Cristea; Nicoleta Cristina Ifrim

2013-01-01

The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC) Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

Nuclear liability legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

2000-01-01

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

7 CFR 1209.74 - Personal liability.

Science.gov (United States)

2010-01-01

... 7 Agriculture 10 2010-01-01 2010-01-01 false Personal liability. 1209.74 Section 1209.74 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING..., AND CONSUMER INFORMATION ORDER Mushroom Promotion, Research, and Consumer Information Order...

Reciprocity within the framework of nuclear civil liability law

International Nuclear Information System (INIS)

Feldmann, F.J.

1986-01-01

With regard to reciprocity in international and national nuclear liability law, the Federal Republic of Germany attaches great importance to that principle, especially under the following three aspects: 1.) Application of the international conventions in national law, irrespective of their internationally binding nature, 2.) application of the international conventions in relations with non-convention states in cases of damage, 3.) application of supplementary national nuclear liability law in relations with convention as well as non-convention states in cases of damage. (CW) [de

Comprehensive Environmental Response, Compensation and Liability Act

Data.gov (United States)

National Oceanic and Atmospheric Administration, Department of Commerce — This data represents geographic terms used within the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, commonly known as...

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

Science.gov (United States)

Dills, Angela K

2010-03-01

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

12 CFR 229.38 - Liability.

Science.gov (United States)

2010-01-01

... affect a paying bank's liability to its customer under the U.C.C. or other law. (b) Paying bank's failure... provision, but not both. (c) Comparative negligence. If a person, including a bank, fails to exercise... person under § 229.38(a) shall be diminished in proportion to the amount of negligence or bad faith...

ILLEGAL ACTS - CONDITION OF LIABILITY FOR DAMAGES CAUSED IN EXERCISING LEGAL LABOR RELATIONS

Directory of Open Access Journals (Sweden)

Ştefania-Alina Dumitrache

2014-11-01

Full Text Available According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to civil liability. The paper analyzes the objective basis of legal accountability, namely the illicit act causing damages committed in fulfilling labor duties or in connection tot hem, therewith the method detailed and comparative documentation of legislation in the field and relevant doctrine.

The limited liability company in Romania versus the limited liability company in the Republic of Moldova

Directory of Open Access Journals (Sweden)

Silvia Lucia CRISTEA

2013-06-01

Full Text Available The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

26 CFR 20.2204-1 - Discharge of executor from personal liability.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Discharge of executor from personal liability... § 20.2204-1 Discharge of executor from personal liability. (a) General rule. The executor of a decedent... filed, the executor will be notified of the amount of the tax and, upon payment thereof, he will be...

Should nuclear liability limits be removed. No

International Nuclear Information System (INIS)

Pape, E.C.

1985-01-01

The opposing view to the proposition that limits on nuclear liability under the Price-Anderson Act should be removed cites the historical recognition of the need to protect the public as it was defined in 1957. The limit on liability today is $630 million per nuclear incident, with total protection continuing to increase as new plants come on line and additional purchased insurance becomes available. The limit gives the industry an incentive to commit capital and technical resources to develop new technology. Removing the limit would increase costs, but not benefits, for electric consumers, and would require a new way to protect the public other than through purchased insurance or the utility's resources. The industry will support raising the limit, however

Ordinance on nuclear third party liability (ORCN)

International Nuclear Information System (INIS)

1983-12-01

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

Basic Study on Term of Warranty Liability for Water Supply, Drainage, and Sanitation Arrangement Work Defect in Apartment Building

Science.gov (United States)

Park, Junmo; Seo, DeokSeok

2017-06-01

The defect lawsuit of the apartment which is the representative residential style of Korea continues and becomes a social problem. In the defect lawsuit, the term of warranty liability is a period that can demand the defect repair according to defect occurrence, and the exclusion period of the exercise of rights. However, the term of warranty liability stipulated in relevant laws such as Enforcement Decree of the Housing Act is being changed arbitrarily, without any established grounds. Therefore, a reasonable standard for establishing the term of warranty liability is required. In this study, the defects of water supply, drainage and sanitation arrangement work were studied. As a result of analyzing the number of defect occurrence in the apartment, it was shown that the defects in water supply, drainage and sanitation arrangement work occurred more than 80% in the 1st ∼ 2nd year after completion. However, the occurrence of defects from the 3rd year was extremely slight. On the other hand, it was confirmed that the defect occurrence continued until fairly late point of time as the end point of time of the defects was in the 7th to 9th years.

Financial considerations regarding environmental liabilities: Acquisitions and divestitures

International Nuclear Information System (INIS)

Hanson, B.R.

1990-01-01

What position should your company assume in the mining industry? Should your company take a larger or smaller market position? Does it make sense to be acquiring or divesting properties? Should your company be pursuing acquisitions and divestitures simultaneously? The answers to these questions determine in large part what perspective your company will take in assessing and confronting risk of environmental liabilities. From the environmental perspective, serious problems confront the mining industry. Uninformed or misinformed regulators doing a poor job of open-quotes protectingclose quotes the environment continue to plague mining companies at the federal, state and local level. The press and public are routinely ill-informed and often hostile toward mining generally and toward specific projects. The open-quotes not-in-my-backyardclose quotes syndrome continues to haunt projects because every ore-rich plot of land lies in someone's backyard or playground. More profoundly, the industry confronts serious structural impediments caused by media-specific statutes and regulations written with an overriding preference for waste elimination or reduction. Mining and mineral production impact all media and result in an highly integrated project. Despite media-specific statutes and regulations that prefer wastes go anywhere but in their particular media, mine wastes must go somewhere. To its credit, the mining industry has persevered in the face of complex and often conflicting environmental statutes and regulations. The industry has continued to expand or contract in response to market conditions. Companies must continue to pursue acquisitions and divestitures based on their position and goals. This paper addresses financial risks in acquisitions and divestitures and, more importantly, suggests strategies to limit environmental liabilities during acquisitions and divestitures

Finance, providers issue brief: insurer liability.

Science.gov (United States)

Rothouse, M; Stauffer, M

2000-05-24

When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

The Principal and Tort Liability.

Science.gov (United States)

Stern, Ralph D.

The emphasis of this chapter is on the tort liability of principals, especially their commission of unintentional torts or torts resulting from negligent conduct. A tort is defined as a wrongful act, not including a breach of contract or trust, which results in injury to another's person, property, or reputation and for which the injured party is…

On extended liability in a model of adverse selection

OpenAIRE

Dieter Balkenborg

2004-01-01

We consider a model where a judgment-proof firm needs finance to realize a project. This project might cause an environmental hazard with a probability that is the private knowledge of the firm. Thus there is asymmetric information with respect to the environmental riskiness of the project. We consider the implications of a simple joint and strict liability rule on the lender and the firm where, in case of a damage, the lender is responsible for that part of the liability which the judgment-p...

Concepts of nuclear liability revisited: a post-Chernobyl assessment of the Paris and the Vienna Conventions

International Nuclear Information System (INIS)

Pelzer, Norbert

1988-01-01

The accident at Chernobyl caused evident damage to third parties. Nuclear third party liability law was applicable. It is thus timely to reassess the concept of the international civil nuclear liability regulations, with special reference to the accident and the proceedings which resulted from it. The first section deals with the basis of liability - the origin and development of the Paris and Vienna Conventions, various aspects of liability and international implementation of the Convention. The second part considers the limitations on the liability and the third part looks at recent developments and future prospects which include the draft of a joint protocol. (U.K.)

Genetic Variation in Schizophrenia Liability is Shared With Intellectual Ability and Brain Structure.

Science.gov (United States)

Bohlken, Marc M; Brouwer, Rachel M; Mandl, René C W; Kahn, René S; Hulshoff Pol, Hilleke E

2016-09-01

Alterations in intellectual ability and brain structure are important genetic markers for schizophrenia liability. How variations in these phenotypes interact with variance in schizophrenia liability due to genetic or environmental factors is an area of active investigation. Studying these genetic markers using a multivariate twin modeling approach can provide novel leads for (genetic) pathways of schizophrenia development. In a sample of 70 twins discordant for schizophrenia and 130 healthy control twins, structural equation modeling was applied to quantify unique contributions of genetic and environmental factors on human brain structure (cortical thickness, cortical surface and global white matter fractional anisotropy [FA]), intellectual ability and schizophrenia liability. In total, up to 28.1% of the genetic variance (22.8% of total variance) in schizophrenia liability was shared with intelligence quotient (IQ), global-FA, cortical thickness, and cortical surface. The strongest contributor was IQ, sharing on average 16.4% of the genetic variance in schizophrenia liability, followed by cortical thickness (6.3%), global-FA (4.7%) and cortical surface (0.5%). Furthermore, we found that up to 57.4% of the variation due to environmental factors (4.6% of total variance) in schizophrenia was shared with IQ (34.2%) and cortical surface (13.4%). Intellectual ability, FA and cortical thickness show significant and independent shared genetic variance with schizophrenia liability. This suggests that measuring brain-imaging phenotypes helps explain genetic variance in schizophrenia liability that is not captured by variation in IQ. © The Author 2016. Published by Oxford University Press on behalf of the Maryland Psychiatric Research Center. All rights reserved. For permissions, please email: journals.permissions@oup.com.

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

International Nuclear Information System (INIS)

Cantarella, Jacques; Roger, Brigitte

2013-01-01

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

An Inconvenient Deliberation. The Precautionary Principle's Contribution to the Uncertainties Surrounding Climate Change Liability

International Nuclear Information System (INIS)

Haritz, M.M.

2011-01-01

There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities - implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance - demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: (a) What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle?; (b) How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change

40 CFR 267.147 - Liability requirements.

Science.gov (United States)

2010-07-01

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

Mergers and acquisitions: director and consultant liability exposure.

Science.gov (United States)

Waxman, J M

1995-02-01

Corporate directors and their consultants must make decisions in an uncertain and changing health care environment. The losses each may face as a result of an incomplete analysis of the true value of the entities involved in mergers or acquisitions may extend beyond the failure of the transaction to the creation of personal liability as well. Accordingly, objective, careful, detailed, and fair decision-making based upon adequate information is more critical than ever for directors if they are to be able to take advantage of the business judgment rule, and also for consultants to avoid their own liability when transactions fail to deliver the values they have estimated.

The Effects of Liquidity Regulation on Bank Assets and Liabilities

OpenAIRE

Patty Duijm; Peter Wierts

2014-01-01

Under Basel III rules, banks become subject to a liquidity coverage ratio (LCR) from 2015 onwards, to promote short-term resilience. We investigate the effects of such liquidity regulation on bank liquid assets and liabilities. Results indicate co-integration of liquid assets and liabilities, to maintain a minimum short-term liquidity buffer. Still, microprudential regulation has not prevented an aggregate liquidity cycle characterised by a pro-cyclical pattern in the size of balance sheets a...

Unintended Consequences of Products Liability: Evidence from the Pharmaceutical Market

OpenAIRE

Eric Helland; Darius N. Lakdawalla; Anup Malani; Seth A. Seabury

2014-01-01

In a complex economy, production is vertical and crosses jurisdictional lines. Goods are often produced by an upstream national or global firm and improved or distributed by local firms downstream. In this context, heightened products liability may have unintended consequences on product sales and consumer safety. Conventional wisdom holds that an increase in tort liability on the upstream firm will cause that firm to (weakly) increase investment in safety or disclosure. However, this may fai...

Some Considerations on the Liability of Principal for Acts of the Agent

Directory of Open Access Journals (Sweden)

Mirela COSTACHE

2012-11-01

Full Text Available The objective of this research is to briefly examine the stipulations of article 1373 of the Civil Code, referring to regulating the tort liability of the principal for the illicit act of the agent. From a comparative point of view with the old provisions, and also in a critical formulation, the study contributes in supporting the recognition of principle nature of the subject under review. Using content analysis, through descriptive documentary research and case-law analysis, this study aims at identifying the content of the obligation for the liability of the principal, presenting a view on the legal status of such type of legal liability. The paper continues further research in this area which has been published in various publications. The concrete results of the research focuse on the examination and interpretation of the new provisions relating to subsistence of the general and special conditions of this type of liability

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing

Science.gov (United States)

Evans, Barbara J.

2014-01-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends. PMID:24030435

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing.

Science.gov (United States)

Evans, Barbara J

2013-12-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends.

Roadway related tort liability and risk management.

Science.gov (United States)

2010-06-01

This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

Legal aspects and liabilities of storage in transit of nuclear materials

International Nuclear Information System (INIS)

Mees, M.C.

1983-01-01

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

Market-Consistent Valuation of Pension Liabilities

NARCIS (Netherlands)

Pelsser, Antoon; Salahnejhad, Ahmad; van den Akker, Ramon

2016-01-01

Pension funds and life insurance companies have liabilities on their books with extremely long-dated maturities that are exposed to non-hedgeable actuarial risks and also to market risks. In this paper, we show that it is computationally feasible to price pensions contracts in an incomplete market

Sexual Harassment at Camp: Reducing Liability.

Science.gov (United States)

Oakleaf, Linda; Grube, Angela Johnson

2003-01-01

Employers are responsible for sexual harassment perpetrated by a supervisor. Camps may be responsible for sexual harassment between campers. Steps to reduce liability include providing multiple channels for reporting sexual harassment; having written policies prohibiting sexual harassment and procedures for reporting it; posting these policies and…

42 CFR 424.555 - Payment liability.

Science.gov (United States)

2010-10-01

... covered items or services furnished to a Medicare beneficiary by a provider or supplier if the billing... Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED... Billing Privileges § 424.555 Payment liability. (a) No payment may be made for otherwise Medicare covered...

31 CFR 210.10 - RDFI liability.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false RDFI liability. 210.10 Section 210.10 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

31 CFR 210.11 - Limited liability.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Limited liability. 210.11 Section 210.11 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

Review of the nuclear liability act

International Nuclear Information System (INIS)

1990-01-01

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

The Brazilian approach to internet intermediary liability: blueprint for a global regime?

Directory of Open Access Journals (Sweden)

Nicolo Zingales

2015-12-01

Full Text Available While intermediary liability is becoming an issue of increasing importance in internet governance discussions, little is being made at the institutional level to minimise conflicts across jurisdictions and ensure the compliance of intermediary liability laws with fundamental rights and the freedom to innovate. The experience leading to the adoption of the Brazilian “Marco Civil da Internet” offers concrete insights for the definition of a baseline framework at the international level. This article also suggests the creation of a global forum of discussion on intermediary liability, allowing the interests of a variety of stakeholders to be taken into account in the definition and implementation of those baseline principles.

Making decisions about liability and insurance a special issue of the journal of risk and uncertainty

CERN Document Server

Kunreuther, Howard

1993-01-01

Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, no...

Boards of Directors' and Management's Liability in Law in Denmark

DEFF Research Database (Denmark)

Werlauff, Erik

2011-01-01

The article demonstrates that written standards for the basis of liability are playing an ever greater role relative to unwritten standards under tort law. It is noted that following the bank failures in the wake of the financial crisis in 2008, a significant number of cases are proceeding...... in Denmark in which liability for exorbitant sums is being imputed to members of the boeard of directors and management and external and internal accountants. The new Danish companies act in force from 1 March 2010 made no apparent change to the standards concerning liability. Nonetheless, the companies act...... emphasizes in various places that this or that is "the responsibility of the board of directors or management", and by emphasizing such legally defined focal points, the companies act is thus nevertheless instrumental in clarifying - and in the longer term perhaps to some degree increasing the stringency...

Economic Efficiencyo on Limited Liability Companies: some Considerations on Economic Analysis of Law

Directory of Open Access Journals (Sweden)

Martinho Martins Botelho

2016-12-01

Full Text Available This paper presents briefly a theoretical approach about limited efficiency from the perspective Economic Analysis of Law (EAL of the limited liability company by examining initially the question of limited liability, under the scrutiny of the pro-rata theory and model manager-investor.  It approaches the liability of directors of corporations incorporated in the form of a limited company. Subsequently, its theoretical approaches are about the analysis of the first generation of agency theory (contract manager-investor incentives, the hypothesis of Modigliani-Miller irrelevance, and structures of great property.

Case study: use of problem-based learning to develop students' technical and professional skills

Science.gov (United States)

Warnock, James N.; Mohammadi-Aragh, M. Jean

2016-03-01

Problem-based learning (PBL) is a pedagogy that has attracted attention for many biomedical engineering curricula. The aim of the current study was to address the research question, 'Does PBL enable students to develop desirable professional engineering skills?' The desirable skills identified were communication, teamwork, problem solving and self-directed learning. Forty-seven students enrolled in a biomedical materials course participated in the case study. Students worked in teams to complete a series of problems throughout the semester. The results showed that students made significant improvements in their problem-solving skills, written communication and self-directed learning. Students also demonstrated an ability to work in teams and communicate orally. In conclusion, this case study provides empirical evidence of the efficacy of PBL on student learning. We discuss findings from our study and provide observations of student performance and perceptions that could be useful for faculty and researchers interested in PBL for biomedical engineering education.

Genetic Variation in Schizophrenia Liability is Shared With Intellectual Ability and Brain Structure

NARCIS (Netherlands)

Bohlken, Marc M; Brouwer, Rachel M; Mandl, René C W; Kahn, René S; Hulshoff Pol, Hilleke E

2016-01-01

BACKGROUND: Alterations in intellectual ability and brain structure are important genetic markers for schizophrenia liability. How variations in these phenotypes interact with variance in schizophrenia liability due to genetic or environmental factors is an area of active investigation. Studying

Negligent Liability Issues Involving Colleges and Students: Does an Ethic of Caring Heighten Institutional Liability?

Science.gov (United States)

Beckham, Joseph; Pearson, Douglas

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses the question of how and to what extent institutions of higher learning could be held liable for negligence involving students. The paper is, mainly, a review of recent case law related to the liability of…

Directors’ and Officers’ Liability: Economic Analysis

NARCIS (Netherlands)

P. C. Leyens (Patrick); M.G. Faure (Michael)

2017-01-01

markdownabstractThis paper will be published as a chapter of the forthcoming volume ‘Directors & Officers Liability’ edited by Simon F. Deakin, Helmut Koziol, and Olaf Riss. It explores D&O liability from a law and economics perspective with a view to identify trade-offs of different legal settings.

Topical problems of nuclear law viewed internationally

International Nuclear Information System (INIS)

Bischof, W.

1978-01-01

The International Nuclear Law Association, on its 3rd Congress Nuclear Inter Jura from October 2-5, 1977 in Italy, dealt with a number of topical problems of nuclear law, in particular aspects concerning agreements in connection with the construction of nuclear facilities, the influence of nuclear energy on the environment and the public acceptance, third party liability, and nuclear insurance, radiation protection law and international judicial problems. (orig.) [de

Nuclear insurance and third-party liability. An overview

Energy Technology Data Exchange (ETDEWEB)

Rashid, Nahrul Khair

1986-04-01

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

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

International Nuclear Information System (INIS)

Horbach, N. L. J. T.

2006-01-01

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

47 CFR 32.3999 - Instructions for balance sheet accounts-liabilities and stockholders' equity.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 2 2010-10-01 2010-10-01 false Instructions for balance sheet accounts-liabilities and stockholders' equity. 32.3999 Section 32.3999 Telecommunication FEDERAL COMMUNICATIONS... Instructions for Balance Sheet Accounts § 32.3999 Instructions for balance sheet accounts—liabilities and...

METHODOLOGICAL ANALYSIS OF STUDYING THE PROBLEM OF PERCEPTION IN FUTURE MUSIC TEACHERS’ PROFESSIONAL TRAINING

Directory of Open Access Journals (Sweden)

Zhang Bo

2017-04-01

Full Text Available In the article the methodological analysis of problem of perception in future music teachers’ professional training is presented. The author of the article analyses works of outstanding scientists in philosophy, psychology, and art education. The hierarchical system of musical perception options is revealed. A methodological foundation is supported by consideration of the following modern research in specialty – a theory and methodology of musical study that gives proper appearance and circumstantiality to the presented material. Studying the vocal and choral researches in the field of forming the valued music art perception by future music teachers, an author sets an aim to present the methodological analysis of the problem of perception in future music teachers’ professional training. Realization of the system approach to updating the problem of forming the valued music art perception of future music teachers while being trained to vocal and choral work with senior pupils extends their artistic awareness; contributes to distinguishing art works, phenomena; to seeing their properties; to providing orientation in the informative content of music art works. The special attention is paid to revealing methodological principles of perception of category research in the aspect of the valued understanding images of music art works. As a result of analysing scientific sources on the issue of voice production the author of the article finds out that perception is densely related to transformation of external information, conditioning for forming images, operating category attention, memory, thinking, and emotions. The features of perception of maintaining vocal and choral studies and students’ extrapolation are analysed in the process of future professional activity with senior pupils in the aspects of perception and transformation of musical and intonation information, analysis, object perception, and interpretation in accordance with future

Legal problems concerning the export of nuclear power plants

International Nuclear Information System (INIS)

Pierer, Heinrich von.

1977-01-01

The legal problems raised by the export of nuclear power plants may be divided into three main categories: nuclear operator's liability for nuclear damage, the consequences for the supplier of the licensing requirements in the national laws of the buyer country and finally, the constraints of applying non-proliferation safeguards on export of nuclear equipment. As regards the third party liability regime in particular, the difficulties lie essentially in the insufficiency of the definition of the nuclear operator and the lack of harmonization in, or even the absence of national laws in this field. (NEA) [fr

Communicating Academic Research Findings to IS Professionals: An Analysis of Problems

Directory of Open Access Journals (Sweden)

Michael Lang

2003-01-01

Full Text Available Because research findings often do not have direct or immediate relevance to IS professionals in industry, the question arises as to how those findings should be disseminated to them in a suitable form at such time as they do become relevant. A central argument of this paper is that the traditional mechanisms whereby academic researchers disseminate their work are prone to numerous communication breakdowns, and that much work which could potentially make valuable contributions to practice is haplessly lost within the vaults of academia. Using the well-known Shannon & Weaver communication model, three major problems are analyzed: the choice of dissemination channels, language barriers, and the alienation of academia from industry.

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

International Nuclear Information System (INIS)

2014-07-01

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

32 CFR Appendix A to Part 625 - Dependent Travel Waiver of Liability

Science.gov (United States)

2010-07-01

... business in or while using a Government vehicle. Dates of travel are from _____ to _____ 19__. I do hereby... 32 National Defense 3 2010-07-01 2010-07-01 true Dependent Travel Waiver of Liability A Appendix A...—Dependent Travel Waiver of Liability “I (Name of dependent) will be accompanying _____, (Name of employee...

Liability concerns in contraceptive research and development.

Science.gov (United States)

Segal, S J

1999-12-01

The history of liability claims in the US against contraceptive products is among the issues that discourage manufacturers from investing in discovery and development in this field. Other factors are the high cost of new drug development, elevated insurance rates for contraceptives, and the desire to avoid controversy that can disturb corporate tranquility. General features of the American legal system influence the large number and cost of product liability claims in the US compared to Europe. These differences pertain to issues such as the role of judges, how lawyers receive their compensation, and the use of expert scientific testimony. The history of litigation in the US against pharmaceutical products and devices pertaining to women's health suggests that interventions that involve the reproductive system are held to different standards or elicit different emotional responses than other pharmaceutical products or devices.

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

International Nuclear Information System (INIS)

2011-06-01

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

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

International Nuclear Information System (INIS)

Handrlica, J.

2008-01-01

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

Professionalism in nuclear training

International Nuclear Information System (INIS)

Bruno, R.

1983-01-01

The approach of an individual in the nuclear training environment to his colleagues, trainees, and his own personal growth should be determined by his desire to be a professional. This paper discusses professionalism as an on-going process. That is, professionalism is not an entity that a person can acquire; rather it is a complicated superposition of many facets of an individual's attempt to work for solutions to problems, not problems with solutions

A Danish Twin Study of Schizophrenia Liability

DEFF Research Database (Denmark)

Kläning, Ulla; Trumbetta, Susan L; Gottesman, Irving I

2016-01-01

whether variance in schizophrenia liability attributable to environmental factors may have decreased with successive cohorts exposed to improvements in public health. ICD-10 diagnoses were determined by clinical interview. Although the best-fitting, most parsimonious biometric model of schizophrenia...

Receptum Liability of Skippers, Innkeepers and Stable Keepers in Roman Law

OpenAIRE

Mehmet YEŞİLLER

2013-01-01

Our study discusses the regulations regarding the liabilities of skippers, innkeepers and stable keepers in Roman Law. It is clear from the resources that "actio de damno aut furto adversus nautas, caupones, stabularios and receptum, nautae, cauponis, stabularii" responsibilities used to be regulated in addition to custodia liability arising from the hire of work between the parties, particularly because personnels of skippers, innkeepers and stable keepers were unreliable. These practices, w...

Approaching Environmental Cleanup Costs Liability Through Insurance Principles

National Research Council Canada - National Science Library

Corbin, Michael A

1994-01-01

.... Applying insurance industry principles to environmental cleanup costs liability will provide a firm foundation to reduce the risk of loss to the taxpayer, reduce cleanup costs, and stimulate private...

29 CFR 4219.14 - Amount of liability for 20-year-limitation amounts.

Science.gov (United States)

2010-07-01

... amount equal to the present value of all initial withdrawal liability payments for which the employer was not liable pursuant to section 4219(c)(1)(B) of ERISA. The present value of such payments shall be... 29 Labor 9 2010-07-01 2010-07-01 false Amount of liability for 20-year-limitation amounts. 4219.14...

The educational problem that MOOCs could solve: professional development for teachers of disadvantaged students

Directory of Open Access Journals (Sweden)

Diana Laurillard

2016-04-01

Full Text Available The demographics of massive open online course (MOOC analytics show that the great majority of learners are highly qualified professionals, and not, as originally envisaged, the global community of disadvantaged learners who have no access to good higher education. MOOC pedagogy fits well with the combination of instruction and peer community learning found in most professional development. A UNESCO study therefore set out to test the efficacy of an experimental course for teachers who need but do not receive high-quality continuing professional development, as a way of exploiting what MOOCs can do indirectly to serve disadvantaged students. The course was based on case studies around the world of information and communication technology (ICT in primary education and was carried out to contribute to the UNESCO “Education For All” goal. It used a co-learning approach to engage the primary teaching community in exploring ways of using ICT in primary education. Course analytics, forums and participant surveys demonstrated that it worked well. The paper concludes by arguing that this technology has the power to tackle the large-scale educational problem of developing the primary-level teachers needed to meet the goal of universal education.

Ukraine. Law on civil liability for nuclear damage and its financial security (13 december 2001)

International Nuclear Information System (INIS)

Anon.

2002-01-01

The objective of this law is to regulate civil liability for the compensation of damage resulting from activities involving the utilisation of nuclear energy for peaceful purposes. It governs relations in respect of civil liability for nuclear damage, establishes the rules and procedures for compensation for damage caused by a nuclear incident, defines the methods of ensuring financial security of civil liability and establishes its limits. (N.C.)

Mandatory Corporate Social and Environmental Responsibilities in the New Indonesian Limited Liability Law

Directory of Open Access Journals (Sweden)

Yu Un Oppusunggu

2011-01-01

Full Text Available On 16 August 2007 President Susilo Bambang Yudhoyono signed the Bill of Limited Liability Company, as approved by the Parliament, and consequently it became the Law No. 40 of Year 2007 regarding Limited Liability Company. The law revokes the then existing Law No. 1 of Year 1995. This law has 14 chapters and 161 articles, and introduces new provision on, inter alia, corporate social and environmental responsibilities (CSER. The legislators have specifically dedicated Chapter V and its Article 74 to this effect. CSER is defined as commitment of the Company to participate in sustainable economic development with the intention of increasing the living quality and beneficial environment for the Company itself, the surrounding communities, and public in general. This article discusses CSER as stipulated in the Law in relation the logic of a limited liability company. It analyzes the necessity of stipulating it in the Law in relation to the objective of a limited liability company.

GENERAL CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF ARCHITECTS

Directory of Open Access Journals (Sweden)

Andra PURAN

2014-05-01

Full Text Available As well as other liberal professions in Romania, also the profession as an architect is regulated by special norms, the Law No 184/2001, whose provisions are amended by the Rules governing the functioning and organization of the Romanian Order of Architects and the Code of Ethics of Architects. The specificity of the disciplinary liability of the architects towards the common law is given by specific sanctions, by the authorities competent in performing the disciplinary investigation of the disciplinary offences, as well as by the specific procedural rules. The present study aims to offer a brief analysis of these aspects which differentiate the disciplinary liability of architects towards that of the employees performing their activities under an employment contract.

International nuclear liability conventions: status and possible changes

International Nuclear Information System (INIS)

Reyners, Patrick.

1978-01-01

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

Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues

DEFF Research Database (Denmark)

Ulfbeck, Vibe Garf; Andrecka, Marta

2017-01-01

The article discusses liability issues related to the contracting out of welfare services. It focuses on the possible liability of the private actor and of the public entity towards the individual (the citizen) for non- performance or malperformance of the welfare service. It is argued that since...... of vicarious liability on the public entity. Four different models are identified. The reasoning behind these models varies but they all have in common that the public law nature of the service that has been outsourced somehow plays a role....

Professional performance in school

Directory of Open Access Journals (Sweden)

Rubio, J. F.

2012-01-01

Full Text Available Professional performance in education is now calling the attention of researcher due to its role in the professionalizing process intended to increase international education standards. In this article the term professional performance is examined from the two socio-historic traditional roles involved in training the individuals as a bio-psychic and social entity: teachers and executive. By means of scientific methods, the author gives the theoretical grounds connecting professional performance, learning and individual capacity of using them in solving problem at his labor position. The professional performance is regarded as a human value that stimulates the activity. By predicting educational alternatives, the paper portraits a model of professional performance in education, referring the necessary actions needed for achieving the goals of education. Searching and discussing such alternatives leads to reinterpret professional problems and to find out ways of improving educational standards.

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

NARCIS (Netherlands)

Husovec, Martin

2014-01-01

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

Limitation of liability for maritime claims: Chronological critical review (international instruments and Croatian solutions

Directory of Open Access Journals (Sweden)

Vasilj Aleksandra V.

2016-01-01

Full Text Available Limitation of liability of shipowner can based on property or can be personal - shipowner responds to certain part of the property (for example ship or his entire assets to a certain amount. In the first case it is a real, and in the other the personal limitation of liability. On these principles all international instruments in this legal field have been developed. One of the well-known 'universal' principle of civil law says that the injurer must pay for a damage in full, in full extent and amount. However, when we are applying provisions of maritime law (as well as transport law in general on the liability for damages and its compensation, the situation is quite opposite. Though, that the amount of suffered damages is coming closer to said universal principle of civil law has been confirmed by Amendments to the Protocol to the Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 1996. These Amendments increased amount of general (global limitation of liability for maritime claims by 51% compared to the amounts in LLMC. Increased amounts are applicable from 8th June 2015. Regarding these amendments, a number of issues can be placed: justification for introducing the institute of limitation of liability in general; reasons why the injurer is privileged in maritime (and broader in transport, in the context of the amount of the obligation of compensation for damage; and whether the application of the institute undermine the principle that is enshrined in the legal system of every modern country, according to which the injured party has the right to just compensation. On the other hand, justice can be taken as well as an argument just to implement the limitation of liability system.

Economic consequences of the German environmental liability act: Capital market response for the chemical industry

OpenAIRE

Bartsch, Elga

1997-01-01

The Environmental Liability Act (Umwelthaftungsgesetz) enacted January 1, 1991 is claimed to have substantially tightened the environmental liability regime in Germany. The economic consequences of the amendment of the German environmental liability legislation initiated by the Sandoz accident are investigated for a portfolio of firms in the chemical industry. By means of an event study it is determined whether the UmweltHG has led to a revision of expectations regarding the profitability of ...

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

International Nuclear Information System (INIS)

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

2001-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Lopuski, J

1994-12-31

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

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

Energy Technology Data Exchange (ETDEWEB)

Lopuski, J.

1993-12-31

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

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

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

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

Fukushima: liability and compensation

International Nuclear Information System (INIS)

Vasquez-Maignan, Ximena

2012-01-01

On 11 March 2011, Japan endured one of the worst natural disasters in its history when a massive earthquake struck the Pacific coast of the country and was followed by a tsunami which led to considerable loss of lives. It also led to a major accident at the Fukushima Daiichi nuclear power plant. Soon afterwards, the operator of the plant, Tokyo Electric Power Company (TEPCO), assumed responsibility and liability for the nuclear accident. On 28 April 2011, TEPCO established a dedicated contact line to provide consulting services for financial compensation related to the damage caused

Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law

Directory of Open Access Journals (Sweden)

Salma Jožef

2012-01-01

Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.

Developing a problem-based learning (PBL) curriculum for professionalism and scientific integrity training for biomedical graduate students.

Science.gov (United States)

Jones, Nancy L; Peiffer, Ann M; Lambros, Ann; Guthold, Martin; Johnson, A Daniel; Tytell, Michael; Ronca, April E; Eldridge, J Charles

2010-10-01

A multidisciplinary faculty committee designed a curriculum to shape biomedical graduate students into researchers with a high commitment to professionalism and social responsibility and to provide students with tools to navigate complex, rapidly evolving academic and societal environments with a strong ethical commitment. The curriculum used problem-based learning (PBL), because it is active and learner-centred and focuses on skill and process development. Two courses were developed: Scientific Professionalism: Scientific Integrity addressed discipline-specific and broad professional norms and obligations for the ethical practice of science and responsible conduct of research (RCR). Scientific Professionalism: Bioethics and Social Responsibility focused on current ethical and bioethical issues within the scientific profession, and implications of research for society. Each small-group session examined case scenarios that included: (1) learning objectives for professional norms and obligations; (2) key ethical issues and philosophies within each topic area; (3) one or more of the RCR instructional areas; and (4) at least one type of moral reflection. Cases emphasised professional standards, obligations and underlying philosophies for the ethical practice of science, competing interests of stakeholders and oversight of science (internal and external). To our knowledge, this is the first use of a longitudinal, multi-semester PBL course to teach scientific integrity and professionalism. Both faculty and students endorsed the active learning approach for these topics, in contrast to a compliance-based approach that emphasises learning rules and regulations.

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Science.gov (United States)

2010-04-01

... § 1.934-1 Limitation on reduction in income tax liability incurred to the Virgin Islands. (a) General... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands... income from such sources. (ii) Limitation. Tax liability incurred to the Virgin Islands attributable to...

Influence of Child Factors on Health-Care Professionals' Recognition of Common Childhood Mental-Health Problems.

Science.gov (United States)

Burke, Delia A; Koot, Hans M; de Wilde, Amber; Begeer, Sander

Early recognition of childhood mental-health problems can help minimise long-term negative outcomes. Recognition of mental-health problems, needed for referral and diagnostic evaluation, is largely dependent on health-care professionals' (HCPs) judgement of symptoms presented by the child. This study aimed to establish whether HCPs recognition of mental-health problems varies as a function of three child-related factors (type of problem, number of symptoms, and demographic characteristics). In an online survey, HCPs ( n  = 431) evaluated a series of vignettes describing children with symptoms of mental-health problems. Vignettes varied by problem type (Attention-Deficit/Hyperactivity Disorder (ADHD), Generalised Anxiety Disorder (GAD), Autism Spectrum Disorder (ASD), Conduct Disorder (CD) and Major Depressive Disorder), number of symptoms presented (few and many), and child demographic characteristics (ethnicity, gender, age and socio-economic status (SES)). Results show that recognition of mental-health problems varies by problem type, with ADHD best recognised and GAD worst. Furthermore, recognition varies by the number of symptoms presented. Unexpectedly, a child's gender, ethnicity and family SES did not influence likelihood of problem recognition. These results are the first to reveal differences in HCPs' recognition of various common childhood mental-health problems. HCPs in practice should be advised about poor recognition of GAD, and superior recognition of ADHD, if recognition of all childhood mental-health problems is to be equal.

77 FR 74121 - Limited Liability Partnerships (LLPs)

Science.gov (United States)

2012-12-13

... protected against personal liability for corporate obligations. Both forms of business entity may opt for treatment as an association, and consequently for corporate tax treatment, without regard to State law...''). LLPs are created under State law and share certain characteristics with both partnerships and...

PROFESSIONAL TRAINING IN THE TERMS OF MICROENTERPRISES: PROCESS MODELLING OF EDUCATIONAL AND PROFESSIONAL INTERACTION

Directory of Open Access Journals (Sweden)

V. A. Fedorov

2017-01-01

Full Text Available Aim. The aim of this article is to understand the current issues of pedagogical training situation of a potential employee an experienced professional when using the internal resources of micro-enterprises. The relevance of the research problem dues to the needs of the labour market, terms of developing economy situation of micro-entrepreneurship and the demands of the subject of labour activity to vocational training without discontinuing work.Methodology and research methods. A leading approach to the study of this problem is a system-activity one, which allows us to represent the process of professional training in terms of the micro-enterprise as a system activity of subjects for the development of professional competence of the employee. The following research methods are used to solve the set tasks: theoretical study and analysis of psychological, pedagogical, sociological, scientific-methodical and special literature on the problem under study; a systematic approach to the disclosure of the nature of the problem and the formation of conceptual-terminological apparatus of the research; study and analysis of legislative and normative-legal acts; empirical – pedagogical observation, generalization and study of teaching experience, pedagogical design, questionnaire, interview, interviews, analysis of results, method of expert evaluations and their generalization.Results. The results of the research showed that the process of training and professional interaction of the micro-enterprise employees will be effective if training and professional interaction of the micro-enterprise employees to be considered as a productive mutual agreed actions of subjects of labour, aimed at solving the educational and professional problems in the process of joint labour activity. Developed structural-functional model of training and professional interaction of employees of micro-enterprises allows us to introduce the process of professional training as a

Environmental Liability and Organizational Structure

OpenAIRE

Laurent Franckx; F.P. de Vries

2004-01-01

This paper presents a multitask principal-agent model to examine how environmental liability rules for individual managers within a corporate hierarchy affect, on the one hand, the incentive schemes the organization provides and, on the other hand, the choice between a functional or a product-based organizational structure. If managers are risk neutral, a product-based organization dominates a functional organization and allows to obtain first-best effort level. If, moreover, there are no dis...

Childhood trauma, psychosis liability and social stress reactivity: a virtual reality study.

Science.gov (United States)

Veling, W; Counotte, J; Pot-Kolder, R; van Os, J; van der Gaag, M

2016-12-01

Childhood trauma is associated with higher risk for mental disorders, including psychosis. Heightened sensitivity to social stress may be a mechanism. This virtual reality study tested the effect of childhood trauma on level of paranoid ideations and distress in response to social stress, in interaction with psychosis liability and level of social stress exposure. Seventy-five individuals with higher psychosis liability (55 with recent onset psychotic disorder and 20 at ultra-high risk for psychosis) and 95 individuals with lower psychosis liability (42 siblings and 53 controls) were exposed to a virtual café in five experiments with 0-3 social stressors (crowded, other ethnicity and hostility). Paranoid ideation was measured after each experiment. Subjective distress was self-rated before and after experiments. Multilevel random regression analyses were used to test main effects of childhood trauma and interaction effects. Childhood trauma was more prevalent in individuals with higher psychosis liability, and was associated with higher level of (subclinical) psychotic and affective symptoms. Individuals with a history of childhood trauma responded with more subjective distress to virtual social stress exposures. The effects of childhood trauma on paranoia and subjective distress were significantly stronger when the number of virtual environmental stressors increased. Higher psychosis liability increased the effect of childhood trauma on peak subjective distress and stress reactivity during experiments. Childhood trauma is associated with heightened social stress sensitivity and may contribute to psychotic and affective dysregulation later in life, through a sensitized paranoid and stress response to social stressors.

Ex Ante Liability Rules in New Zealand's Health and Safety in Employment Act: A Law and Economics Analysis

OpenAIRE

Paul Gordon; Alan E. Woodfield

2006-01-01

In addition to penalties imposed for breaches of statutory duties in the event of workplace accidents involving physical harms, New Zealand's Health and Safety in Employment Act 1992 also provides for penalties where accidents have not occurred. Ordinary negligence rules are ex post in that both an accident and harm must occur before liability accrues, whereas ex ante liability rules create liability for deficient care per se. This paper examines whether liability for breaches of duty that do...

Development of liability syndromes for schizophrenia: where did they come from and where are they going?

Science.gov (United States)

Stone, William S; Giuliano, Anthony J

2013-10-01

Three decades after Paul Meehl proposed the term "schizotaxia" to describe a conceptual framework for understanding the liability to schizophrenia, Ming Tsuang et al. at Harvard University reformulated the concept as a clinical syndrome with provisional research criteria. The reformulated view relied heavily on more recent data showing that many non-psychotic, un-medicated biological relatives of individuals with schizophrenia showed difficulties in cognitive and other clinical functions that resembled those seen in their ill relatives. The reformulation raised questions about both whether and when liability could be assessed validly in the absence of psychosis, and about the extent to which symptoms of liability are reversible. Both questions bear on the larger issue of early intervention in schizophrenia. This article reviews the efforts of Tsuang et al. to conceptualize and validate schizotaxia as one such syndrome of liability. Towards this end, liability is considered first more generally as an outcome of interactive genetic and environmental factors. Liability is then considered in the context of endophenotypes as a concept that is both broader and is potentially more specific (and predictive) than many DSM or ICD diagnostic symptoms. Liability syndromes are then considered in the context of their proximity to illness, first by reviewing prodromal syndromes (which are more proximal), and then by considering schizotaxia, which, as it is currently formulated, is pre-prodromal and, therefore, less proximal. Finally, challenges to validation and future directions for research are considered. © 2013 Wiley Periodicals, Inc.

Institutional Liability for Student Activities and Organizations.

Science.gov (United States)

Richmond, Douglas R.

1990-01-01

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

40 CFR 80.23 - Liability for violations.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations. 80.23 Section 80.23 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS... on the pump stand or is displayed at the retail outlet or wholesale purchaser-consumer facility from...

40 CFR 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000...

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Size classes and associated liability... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS LIABILITY LIMITS FOR... privity and knowledge of the owner or operator, the following limits of liability are established for...

77 FR 76090 - Pendency of Request for Approval of Special Withdrawal Liability Rules; the I.A.M. National...

Science.gov (United States)

2012-12-26

... Liability Rules; the I.A.M. National Pension Fund National Pension Plan AGENCY: Pension Benefit Guaranty... Fund National Pension Plan for approval of a plan amendment providing for special withdrawal liability... on Extension of Special Withdrawal Liability Rules, a multiemployer pension plan may, with PBGC...

Liability for damage caused by medical X-ray treatment

International Nuclear Information System (INIS)

1977-01-01

A case of liability for damage caused by X-ray medical treatment was recently brought before the courts in Norway. Following a mistake by the physician handling the X-ray apparatus the plaintiff had received an overdose of radiation on her nose and a lengthy and expensive plastic surgery treatment had been required to repair the damage. The local court of Aalesund ruled in April 1975 that the physician concerned had committed a fault but could not be accused of gross negligence or gross fault in view of Norwegian case law on medical liability. Therefore the plaintiff obtained compensation for her medical expenses but was refused compensation for non-material damage (disfigurement and pretium doloris). (NEA) [fr

Liability for oil spill damages: issues, methods, and examples

International Nuclear Information System (INIS)

Grigalunas, T.A.; Opaluch, J.J.; Diamantides, J.; Mazzotta, M.

1998-01-01

Liability is an important incentive-based instrument for preventing oil spills and provides a sustainable approach for restoring coastal resources injured by spills. However, the use of liability for environmental damages raises many challenges, including quantification of money measures of damages. In this article, case studies are used to illustrate the issues, methods, and challenges associated with assessing a range of damages, from those that can be measured relatively easily using market information to more 'esoteric', and much more difficult, cases involving non-market-valued losses. Also discussed are issues raised by the new national and international regulatory focus on restoration and by the simplified, compensatory formula used by some states. (author)

Nature and finality of liability insurance support to nuclear operators

International Nuclear Information System (INIS)

Deprimoz, J.

1975-01-01

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

Yugoslavia-Act on Liability for Nuclear Damage of 19 April 1978

International Nuclear Information System (INIS)

Anon.

1979-01-01

This Act, which came into force eight days after its publication, is based to a great extent on the provisions of the 1963 Vienna Convention on Civil Liability for Nuclear Damage, ratified by Yugoslavia on 12 August 1977. Under the Act, a nuclear operator is held absolutely liable for any nuclear damage caused by a nuclear indicent occurring in his installation. This liability is limited to 450 million dinars (approximately 22 million US$). To cover his liability, an operator must take out insurance or other financial security, whose amount will be determinated by the competent authority according to the characteristics of the installation involved but in no event should it be below 150 million dinars. Within the meaning of the Act, the operator may be an organisation of associated labour which has obtained site approval, licences for test runs and entry into operation of the installation, or any person recognised as such by the State. (NEA) [fr

THE ANALYSIS OF THE LOGIC CONTENTS WITH ACTUAL VOLUME OF CONCEPTS “PROFESSIONAL DEVELOPMENT”, „PROFESSIONAL BECOMING”, OF RESEARCH THE PROBLEM OF FUTURE TEACHER OF PHYSICAL CULTURE PROF. DEVELOPMENT IN THE CONDITIONS OF INFORMATIVE-EDUC. SPACE OF UKRAINE

Directory of Open Access Journals (Sweden)

Yurii V. Drahniev

2011-02-01

Full Text Available In the article the comparative analysis of leading concepts „professional development”, „professional becoming” of research of problem of professional development of future teacher of physical culture is given in the conditions of informative educational space of Ukraine. It is grounded, that concepts play an important role both in science and in everyday practice. It is specified, that professional development must have a specific orientation of future professional activity with the use of computer, be characterized by the use of information technologies in the process of professional preparation, determine the maintenance of educational professional program taking into account informatization of higher education system.

42 CFR 417.464 - End of CMS's liability for payment: Disenrollment of beneficiaries and termination or default of...

Science.gov (United States)

2010-10-01

... 42 Public Health 3 2010-10-01 2010-10-01 false End of CMS's liability for payment: Disenrollment... Enrollment, Entitlement, and Disenrollment under Medicare Contract § 417.464 End of CMS's liability for... disenrollment: General rule. (1) CMS's liability for monthly capitation payments to the HMO or CMP generally...

48 CFR 228.311 - Solicitation provision and contract clause on liability insurance under cost-reimbursement...

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts. 228.311 Section 228.311 Federal... liability insurance under cost-reimbursement contracts. ...

The evaluation of the abuse liability of drugs.

Science.gov (United States)

Johanson, C E

1990-01-01

In order to place appropriate restrictions upon the availability of certain therapeutic agents to limit their abuse, it is important to assess abuse liability, an important aspect of drug safety evaluation. However, the negative consequences of restriction must also be considered. Drugs most likely to be tested are psychoactive compounds with therapeutic indications similar to known drugs of abuse. Methods include assays of pharmacological profile, drug discrimination procedures, self-administration procedures, and measures of drug-induced toxicity including evaluations of tolerance and physical dependence. Furthermore, the evaluation of toxicity using behavioural end-points is an important component of the assessment, and it is generally believed that the most valid procedure in this evaluation is the measurement of drug self-administration. However, even this method rarely predicts the extent of abuse of a specific drug. Although methods are available which appear to measure relative abuse liability, these procedures are not validated for all drug classes. Thus, additional strategies, including abuse liability studies in humans, modelled after those used with animals, must be used in order to make a more informed prediction. Although there is pressure to place restrictions on new drugs at the time of marketing, in light of the difficulty of predicting relative abuse potential, a better strategy might be to market a drug without restrictions, but require postmarketing surveillance in order to obtain more accurate information on which to base a final decision.

7 CFR 46.10 - Nonlicensed person; liability; penalty.

Science.gov (United States)

2010-01-01

... 46.10 Agriculture Regulations of the Department of Agriculture AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices), DEPARTMENT OF AGRICULTURE MARKETING OF PERISHABLE AGRICULTURAL... Licenses § 46.10 Nonlicensed person; liability; penalty. Any commission merchant, dealer, or broker who...

Towards a global system of compensation for transboundary nuclear damage: reflexions on the interrelationship of civil and international state liability

International Nuclear Information System (INIS)

Handl, G.

1993-01-01

International state liability is an essential complementary element of any global and comprehensive nuclear compensation system. Civil liability alone will not be able to fully compensate victims of a nuclear accident and will therefore not fully internalize the costs of nuclear activities. To make it effective and politically acceptable, state liability must be fully integrated procedurally with any civil liability system as a last tier of compensation following a simple process for handling together both civil and state liability claims at the international level, with individuals being able to sue Installation States. 69 refs

Professional development of medical students: problems and promises.

Science.gov (United States)

Wear, D

1997-12-01

Observers and critics of the medical profession, both within and without, urge that more attention be paid to the moral sensibilities, the characters, of medical students. Passing on particular moral values and actions to physicians has always been an essential core of medical training, and this call for renewal is not new in modern medicine. Some of the structures and characteristics of modern medical education, however, often work directly against the professionalism that the education espouses. For example, medical students are socialized into a hierarchy that has broad implications for relations among health care professionals, other health care workers, and patients, and academic medicine has not promoted and taught critical reflection about the values and consequences of this hierarchy. Further, behind the formal curriculum lies the "hidden curriculum" of values that are unconsciously or half-consciously passed on from the faculty and older trainees. Two resources for thinking anew about professional development for medical students are feminist standpoint theory and critical multicultural theory, each of which raises important and fundamental questions about defining the role of medicine in society and the role of the physician in medicine. The author discusses these two theories and their implications for medical education, showing how they can be used to move discussions of professional development into analysis of the widespread social consequences of how a society organizes its health care and into critical reflection on the nature of medical knowledge.

Nuclear Liability Act as amended (No 484/72)

International Nuclear Information System (INIS)

1972-01-01

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

Liability for injury to the unborn - Recent amendments to the United Kingdom Nuclear Installations Act

International Nuclear Information System (INIS)

Coleman, J.E.

1977-01-01

The adoption in the United Kingdom in 1976 of an Act to determine liability for injury to the unborn (foetus) has provided the opportunity to amend the Nuclear Installations Act which governs the liability of nuclear operators, which is now extended to such injury. Any 'injury' attributable to a nuclear operator which so affects a mother that her child is born disabled involves the liability of that operator within the meaning of the Nuclear Installations Act whether or not either parent has suffered an injury on that occasion. (NEA) [fr

48 CFR 3028.311 - Solicitation provision and contract clause on liability insurance under cost-reimbursement...

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts. 3028.311 Section 3028.311... contract clause on liability insurance under cost-reimbursement contracts. ...

Independenţa magistratului și răspunderea disciplinară a acestuia. Elemente de drept comparat

Directory of Open Access Journals (Sweden)

Manea Tamara

2014-12-01

Full Text Available Magistrate’s independence and his disciplinary liability. Comparative law elements. In the disciplinary liability matter is very important to be realized a balance between the necessity to penalize the magistrate’s behavior that is incompatible with the deontological exigencies imposed to this professional body, and the necessity to respect his independence. In the balance achievement, the problem appears especially in the incrimination situation as a disciplinary deviation of some acts linked with the way the jurisdictional activity is carried out.

Act no 388 to amend Section 15 of the Nuclear Liability Act

International Nuclear Information System (INIS)

1986-01-01

Finland is ratifying the Montreal Protocols Nos 3 and 4 to the Warsaw Convention concerning carriage by air; protocol No 4 contains no exclusion clause for nuclear damage. This Act amends the 1972 Nuclear Liability Act to the effect that air carriers of nuclear substances have a right of recourse against the operator liable under nuclear legislation. In this way the principle of channelling liability onto the nuclear operator is maintained. (NEA) [fr

Impact of hazardous waste risks and liabilities on the contracting process

International Nuclear Information System (INIS)

Gleason, G.L.

1991-01-01

Hazardous waste risks include the following: (1) An emerging environmental cleanup industry that differs significantly from traditional engineering; (2) The inability to predict and control the subsurface environment; (3) The implementation of new and often untested technologies; (4) The statutory imposition of strict, joint and several, as well as retroactive, liability; (5) The lack of insurance and other risk-transfer mechanisms to protect against losses; (6) Costly and time consuming litigation to determine liability; and (7) Others. The liabilities associated with the risks inherent in hazardous waste cleanup directly impact hazardous waste contracting. Contract negotiations become onerous during discussions of liability, indemnification, and issues surrounding scope of work and other clauses. Other impacts include (1) Defensive engineering; (2) Lack of incentive to implement innovative technologies; (3) Increased costs to cover risks. Required client indemnification is a necessary and responsible risks management practice, regardless of whether the client is a federal or private client. Federal government indemnification authorities, as well as private contract indemnification mechanisms, will be explained and analyzed. Conflict of interest concerns are also of critical importance in the hazardous waste market, particularly due to concerns over the complexity of the litigation surrounding hazardous waste sites and the need to ensure unbiased results. Other examples of hazardous waste risk management impacts on contracting in the following market sectors will also be provided: (1) U.S. Environmental Protection Agency; (2) Department of Defense; (3) Department of Energy; and (4) Private sector contracts

Aspects of nuclear penal liability

International Nuclear Information System (INIS)

Faria, N.M. de; Cruz, A.S.C. da

1986-01-01

Topics are treated with reference to articles of the Law 6.453 of october 17, 1977, relating to the nuclear penal liability. At the same time, the Penal Code disposes on illicits which may involve nuclear activity. With regard to the Jurisdiction, mention is made to the Federal Justice competence, due to the constitutional disposal. On the international field, the Convention on Physic Protection on Nuclear Material Transport disposes on illicit fact in which nuclear material may be involved. (Author) [pt

26 CFR 1.752-1 - Treatment of partnership liabilities.

Science.gov (United States)

2010-04-01

..., obligations under a short sale, and obligations under derivative financial instruments such as options, forward contracts, futures contracts, and swaps. (iii) Other liabilities. For obligations that are not § 1...

Counselor Liability for Failing to Report Child Abuse.

Science.gov (United States)

Knapp, Samuel

1983-01-01

Describes the laws regarding counselor liability for failure to report child abuse and state laws designating mandated reporters of suspected child abuse. Notes how the law protects mandated reporters. Discusses criminal penalties for those who fail to report suspected abuse. (RC)

Ecological catastrophe and economical damages. The problems of assessment from Amoco-Cadiz

International Nuclear Information System (INIS)

Bonnieux, F.; Rainelli, P.

1991-01-01

This book strikes the balance of the accident of the tanker ship Amoco-Cadiz (environmental effects and economic impact) and sets the problem of damages assessment, liabilities, victims compensation. 99 refs., 41 figs., 43 tabs

Observation Status, Poverty, and High Financial Liability Among Medicare Beneficiaries.

Science.gov (United States)

Goldstein, Jennifer N; Zhang, Zugui; Schwartz, J Sanford; Hicks, LeRoi S

2018-01-01

Medicare beneficiaries hospitalized under observation status are subject to cost-sharing with no spending limit under Medicare Part B. Because low-income status is associated with increased hospital use, there is concern that such beneficiaries may be at increased risk for high use and out-of-pocket costs related to observation care. Our objective was to determine whether low-income Medicare beneficiaries are at risk for high use and high financial liability for observation care compared with higher-income beneficiaries. We performed a retrospective, observational analysis of Medicare Part B claims and US Census Bureau data from 2013. Medicare beneficiaries with Part A and B coverage for the full calendar year, with 1 or more observation stay(s), were included in the study. Beneficiaries were divided into quartiles representing poverty level. The associations between poverty quartile and high use of observation care and between poverty quartile and high financial liability for observation care were evaluated. After multivariate adjustment, the risk of high use was higher for beneficiaries in the poor (Quartile 3) and poorest (Quartile 4) quartiles compared with those in the wealthiest quartile (Quartile 1) (adjusted odds ratio [AOR], 1.21; 95% confidence interval [CI], 1.13-1.31; AOR, 1.24; 95% CI, 1.16-1.33). The risk of high financial liability was higher in every poverty quartile compared with the wealthiest and peaked in Quartile 3, which represented the poor but not the poorest beneficiaries (AOR, 1.17; 95% CI, 1.10-1.24). Poverty predicts high use of observation care. The poor or near poor may be at highest risk for high liability. Copyright © 2018 Elsevier Inc. All rights reserved.