provisions mining law: Topics by WorldWideScience.org

Sample records for provisions mining law

26 CFR 509.102 - Applicable provisions of law.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 19 2010-04-01 2010-04-01 false Applicable provisions of law. 509.102 Section... UNDER TAX CONVENTIONS SWITZERLAND General Income Tax § 509.102 Applicable provisions of law. (a) General... reason of any alteration of law in relation to internal revenue. (b) Retroactivity of regulations or...
27 CFR 479.191 - Applicability of other provisions of internal revenue laws.

Science.gov (United States)

2010-04-01

... GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS Other Laws Applicable § 479.191 Applicability of other provisions of internal revenue laws. All of the provisions of the internal revenue laws not... provisions of internal revenue laws. 479.191 Section 479.191 Alcohol, Tobacco Products, and Firearms BUREAU...
Mining law and energy law in the context of today's most urgent problems

International Nuclear Information System (INIS)

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

1989-01-01

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

Energy Technology Data Exchange (ETDEWEB)

1977-01-01

Standardization and rearrangement is proposed for all the mining laws in the Federal Republic of Germany, especially of the regulations concerning prospecting and mining of natural resources. The draft provides; 1) creation of a modern, elastic system of concessions for particularly important natural resources withdrawn from the landed property; smoothing of the existing system of mineral rights; 2) development of the instruments of mining law adapted to the special requirements of mining natural resources in view of preventive and current control of the operation and its supervision; 3) first-time authorizations for federal safety and labor protection decrees; 4) reformation of the relationship with the employer's liability insurances and, resulting therefrom, improvement of the accident prevention measures; 5) stronger embodiment of damage-preventing measures in mining-damage law; improvement of the extent of liability and the protection of those damaged; 6) accounting for related new engineering developments (underground tankless storage); 7) final regulation for prospecting and mining of natural resources in the range of the continental shelf; 8) relief of mining law from alien legal matters as well as liquidation of antiquated institutes of mining law.
Economics of mining law

Science.gov (United States)

Long, K.R.

1995-01-01

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

Directory of Open Access Journals (Sweden)

Loretta Feris

2014-12-01

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

Science.gov (United States)

Bell, Peter M.

When it was realized last December that the United States would not sign the United Nations (U.N.) Law of the Sea Convention, it was suspected that the issue of deep seabed mining was a preeminent factor. According to a recent discussion by members of the Marine Resources Project of the University of Manchester, U.K. (New Sci., January 1983), the thinking of many national delegations was focused on the aspects of ocean-floor nodule mining. The United States would rather make less sweeping agreements, limited to those countries that already have deep-sea mining investments. Such an agreement has been made on an interim basis between the United States, France, West Germany, and the United Kingdom. Third World nations, on the other hand, have a vested interest in having the convention signed, because they would share in the profits.
Legal aspects of search and mining of nuclear ores under Brazilian law

International Nuclear Information System (INIS)

Godinho, T.M.

1980-06-01

The legal aspects of mining in the Brazilian law its general principles, the basic concepts and rules established in the constitution of Brazil, in the mining code and in special laws are analysed. The rules for mining and usage of nuclear ores and other ores of interest to the nuclear field are emphasized. (A.L.) [pt
The mining law in Canada and the situation in Quebec

International Nuclear Information System (INIS)

Daigneault, Robert

2013-01-01

As mining fields in Canada are various and numerous, the author proposes a presentation of the Canadian mining law. He first presents the administrative and legal organization of the Canadian territory with its Provinces, Territories, and sea beds. He briefly describes the distribution of constitutional competencies, outlines some geopolitical peculiarities (notably with respect to land tenure). He addressed the situation of the Quebec Province as far as the mining law is concerned. He notably comments cases which are a matter of public discussion: the acquisition of a mining permit (a claim) by a mining company in a residential area, the search for shale gas in the Saint-Laurent valley, the exploitation of oil sands, a project of pipeline. He comments the legal framework for a claim acquisition, the case of surface mineral substances, and the case of hydrocarbons. He presents and comments the legal regime of environmental authorizations in Quebec
Implications of the Law of the Sea Convention

International Nuclear Information System (INIS)

Brewer, W.C. Jr.

1989-01-01

This paper reports that protection and preservation of the marine environment from wastes and toxic substances was an early concern of the Third United Nations Conference on the Law of the Sea, and the subject is extensively dealt with in the text of the Convention, adopted on 30 April 1982. The environmental provisions of the Convention are intended to serve as an umbrella treaty that states general goals, delimits the power and geographical jurisdiction of states in dealing with environmental problems, and requires states to cooperate through regional and global organizations in the development of standards. The most complex provisions of the environmental text deal with vessel discharges, reflecting the high degree of public interest in oil pollution, whereas the ocean dumping provisions rely largely on the standards of the London Dumping Convention. Pollution carried by air and rivers and wastes from seabed mining within national jurisdiction are treated briefly. The International Seabed Authority, created elsewhere in the Convention to regulate seabed mining, is granted power to regulate pollution from such mining beyond national jurisdiction. Overall, the most important contribution made by the Law of the Sea Convention to the protection of the marine environment is the obligation of states to bring national marine pollution laws up to global standards
34 CFR 99.8 - What provisions apply to records of a law enforcement unit?

Science.gov (United States)

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false What provisions apply to records of a law enforcement unit? 99.8 Section 99.8 Education Office of the Secretary, Department of Education FAMILY EDUCATIONAL RIGHTS AND PRIVACY General § 99.8 What provisions apply to records of a law enforcement unit? (a)(1) Law enforcement unit means any individual,...
Legal aspects of radioactive waste disposal from the mining law point of view

International Nuclear Information System (INIS)

Kuehne, G.

1992-01-01

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

Directory of Open Access Journals (Sweden)

Zakharov V.N.

2017-12-01

Full Text Available The stages of the modern Russian scientiic school of comprehensive exploitation of mineral resourcesformation, the main directions of which were concentrated in the Institute of Comprehensive Exploitation of Mineral Resources are considered. The main directions of ICEMR scientiic activity and the most important results of fundamental and applied research are presented, which are the scientiic Ьasis of modern research related to the safety of mineral reserves use provision. The importance of studying the coal and methane interaction, gas dynamic phenomena in coal mines, coal seam degassing technologies and mine methane utilization, mathematical modeling and solving proЬlems in the ield of stressed-deformed state, strength, fracturing mechanics, thermal conductivity, hydromechanics, forced viЬration, etc. are outlined.The effectiveness analysis of the state, academic and industrial Ьranch scientiic centers, university science, design organizations and mining companies joint efforts to reduce industrial injuries in the mining sector of the Russian economy is conducted. The need for targeted measures to move to new technical-technological and regulatory levels of mining, allowing to prevent the accidents with massive fatal injuries, was determined. The solution of these tasks is possiЬle only Ьy comЬining the efforts of the specialized institutes of the Russian Academy of Sciences, of the Ьranch science, of universities and mining companies through the implementation of the "Mining Safety" Scientiic Research Comprehensive Plan, coordinated Ьy ICEMR RAS.
Process analysis transit of municipal waste. Part II - Domestic provisions of law

Directory of Open Access Journals (Sweden)

Starkowski Dariusz

2017-06-01

Full Text Available In 2013, the Polish legal system referring to municipal waste management was restructured in a revolutionary way. The analysis of new provisions of law described in the article requires particular attention, taking into account their place in the entire system of dealing with waste and connections with the remaining elements of this system. At present, Polish regulations lay down the rules of conduct with all types of waste, diversifying a subjective area of responsibility. These assumptions are determined by the provisions of law that are in force in the Republic of Poland. At present, the system of legal provisions is quite complex; however, the provisions of law of the EU constitute its base (the first article. At the level of Polish law, the goals and tasks concerned with dealing with waste were set forth, which leads to tightening of the system. All actions in this respect - from propagating the selective accumulation and collection of municipal waste, keeping the established levels of recycling and recycling of packaging wastes, and limiting the mass of biodegradable waste directed at the storage - is only a beginning of the road to reduction of environmental risks. In this case, permanent monitoring of proper waste dealing in the commune, the province as well as the entire country is essential. Third part of the article will present characterization, division, classification and identification of waste, together with the aspects of logistic process of municipal waste collection and transport.
Mine and land ownership in operation planning procedures. On the framing of issues of conflicting civil rights under administrative law

International Nuclear Information System (INIS)

Schmidt-Assmann, E.; Schoch, F.

1994-01-01

On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH) [de
Navigating conflicting laws in sexual and reproductive health service provision for teenagers

Directory of Open Access Journals (Sweden)

Kelley Moult

2016-02-01

Full Text Available Background: The South African legal and policy framework for sexual and reproductive healthcare provision for teenagers is complex. Objective: The article outlines the dilemmas emanating from the legal and policy framework, summarises issues with implementation of the legal and policy framework in practice, and summarises recent changes to the law. Methods: In-depth analysis of the legal and policy framework. Training workshops with a purposive sample of nurses and other healthcare providers in the Western Cape. Findings: Tensions between consent and confidentiality imposed by the Termination of Pregnancy Act, the Children’s Act, the National Health Act and the Criminal Law (Sexual Offences and Related Matters Amendment Act render conflicting obligations on healthcare providers. Healthcare providers’ experiences with service provision in this context show that the conflicting roles they inhabit render their service provision to teenagers more challenging. Conclusion: Healthcare providers need to learn about their legal obligations surrounding adolescent sexual and reproductive health services.
22 CFR 92.92 - Service of legal process under provisions of State law.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process under provisions of... AND RELATED SERVICES Quasi-Legal Services § 92.92 Service of legal process under provisions of State law. It may be found that a State statue purporting to regulate the service of process in foreign...
The conditions under civil law and supervisory functions of the authorities with regard to the construction and operation of an underground final storage site for radioactive wastes

International Nuclear Information System (INIS)

Prasse, R.

1974-01-01

1. Atomic and radiation protection law; 2. judicial mining provisions; 3. industrial law; 4. energy industry law; 5. law on water; 6. waste disposal laws; 7. building law; 8. general police law; 9. the law on the protection against nuisances. (orig./HP) [de
9 CFR 381.217 - Authority for condemnation or seizure under other provisions of law.

Science.gov (United States)

2010-01-01

... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Authority for condemnation or seizure... Detention; Seizure and Condemnation; Criminal Offenses § 381.217 Authority for condemnation or seizure under other provisions of law. The provisions of this subpart relating to detention, seizure, condemnation and...
Questioning the Status Quo: Can Stakeholder Participation Improve Implementation of Small-Scale Mining Laws in Ghana?

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Alex Osei-Kojo

2016-11-01

Full Text Available Ghana’s small-scale mining sector faces complex challenges, including environmental degradation and pollution, loss of life and increased health risks, despite several years of implementation of small-scale mining laws. These challenges, generally, are known to have escalated because of illegal small-scale mining, locally known as “galamsey”. Despite the illegal status of this category of miners, this paper examines the extent to which stakeholder participation can improve implementation of mining regulations and also address the marginalization of these miners. This paper about stakeholder participation is timely because news reports in mid-2016 mentioned that the Government of Ghana, despite many years of disengagement, is now planning to engage with galamsey operators, in terms of registration, as part of measures to effectively regulate the activities of small-scale miners. Findings from fieldwork indicate that (1 chiefs are seldom consulted in the granting of mining licenses; (2 illegal miners do not participate in the implementation of small-scale mining laws; and (3 stakeholders, such as officers in district mining offices, feel distant from the implementation process. Against the backdrop of these findings, it remains useful to explore the extent to which effective stakeholder participation could help overcome the status quo—particularly its ramifications for both the implementation of ASM laws and the eradication of other underlying challenges the sector faces.

Social Work and the Uniform Accident and Sickness Policy Provision Law: A Pilot Project

Science.gov (United States)

Cochran, Gerald; Davis, King

2012-01-01

The Uniform Accident and Sickness Policy Provision Law (UPPL) is a statute existing in 26 states that permits health insurance companies to deny payment for claims made by individuals who have sustained injuries as a result of drug or alcohol use. This law presents a series of complicated clinical and ethical dilemmas for social workers and other…
Law 2006-26 of 9 August concerning the modification of ordinance 93-16 of 2 March 1993 concerning mining law completed by ordinance 99-48 of 5 November 1999

International Nuclear Information System (INIS)

2006-01-01

This law precise that article 36 of ordinance 93-16 of 2 March 1993 concerning mining law and completed by ordinance 99-48 of 5 November is abrogated. Articles 2, 8, 24, 34, 35, 44, 49, 51, 63, 82, 83, 84, 85, 86, 87, 88, 92, 93, 94, 95, 96, 97, 99, 105, 136 and title X bis of ordinance 93-16 of 2 mach 1993 are modified or completely changed. The modification involves State ownership, government right, surface and validity of licence or lease, domain of mining law application, mining convention, closed/protected or prohibited zones, fiscal and custom duties [fr
Can the provisions on disposal under atomic energy law be met by reprocessing abroad?

International Nuclear Information System (INIS)

Rossnagel, A.

1991-01-01

The processing plants of La Hague and Sellafield give rise to concern because measured by German standards they are insufficiently protected against radiation leakage, accidents, external acts of interference and the removal of weapon-grade material. Thus the question arises as to how reprocessing abroad as a new concepts of making provisions for disposal should be assessed. After discussing the utilization obligation under Paragraph 9a Section 1 of the Atomic Energy Law as applicable by national fulfillment standards, national requirements for reprocessing abroad, non-hazardous utilization and accident risks as well as provisions for disposal under Paragraph 7 Section 2 of the Atomic Energy Law and currently valied licences the author comes to the conclusion that the licences constitute a violation of authority in that they transgress their scope of discretion and are therefore unlawful. For this reason a new discretionary decision in the form of a subsequently imposed obligation is required for determining provisions for disposal. (orig./HSCH) [de
Legal instruments for controlling exposure of workers to ionizing radiations in mining and its associated industries

International Nuclear Information System (INIS)

Yusoff Ismail

1994-01-01

Briefly, the existing legal instruments for protection of workers in mining and its associated activities are given. Further, major provisions of the laws relevant to the protection of workers against ionizing radiations in mining and its associated activities are detailed. Finally, practical framework developed by the Atomic Energy Licensing Board, for implementation and enforcement is described
Decree 2006-265/PRN of 18 August 2006 fixing the modalities of mining law application

International Nuclear Information System (INIS)

2006-01-01

This decree fixes modalities of applying ordinance 93-16 of 2 march 1993 concerning mining law in Niger Republic and its subsequent modified text. Any petitioner, owner of mining title, prospecting authorization, opening and mining quarry, sub-leaser shall have an office in Niger Republic and notify it to the Minister of Mines and energy. each licence or lease is based on an agreement between the government and the society. Any change of status, capital or personnel of the company shall be noted to the Minister of Mines and energy. The company shall pay fiscal duties and respect rules and regulations concerning mines and quarries health and safety [fr
'Blocked area' of a citizens' action group in operating plan permit accoding to Mining Law

Energy Technology Data Exchange (ETDEWEB)

1982-05-26

On the question as to whether a citizen's action group, organized in the form of a registered club, has the right to file suit as defined by paragraph 2 of sect. 42 of the rules of administrative courts, in case they bring forward that their right to the reforestation of an estate, ensured by easement, will be affected by a skeleton operating plan permit issued under the mining law. Since the protection of the recreational function of forests is a task the safeguarding of which is solely assigned to bodies of public administration, anyone who has a real right may not claim neighbourly protection under public law in so far. On the relationship between operating plan approval, procedures are according to mining laws and the licensing procedures concerning construction permits.
The Konrad mine. No more recourse to law?

International Nuclear Information System (INIS)

Schneider, Horst

2010-01-01

The constitutional guarantee in Article 19, Para. 4 of the Basic Law, expressed as a fundamental right, implies that everybody whose rights were violated by public action may have recourse to law. These constitutional principles, of course, also apply to the execution of atomic laws and to resorting to courts of law against actions by federal and state authorities under the Atomic Energy Act. This guaranteed recourse to law may, even if possibilities of so-called immediate execution of decisions by authorities are employed, lead to proceedings dragging on for years but, in the end, will result in legal certainty. The plans approval decision about construction and operation of the Konrad Mine as a repository for radioactive waste was passed in May/June 2002 and, as expected, became the subject of litigation. In late March 2007, the Federal Administrative Court rejected the complaints on very detailed grounds. This constituted the end of the legal measures open under administrative law. In the German system of legal redress, this then leaves everybody the possibility to bring a complaint for unconstitutionality to the Federal Constitutional Court, provided a violation of basic rights is claimed. This approach was taken by 2 complaining parties. The complaint for unconstitutionality by the city of Salzgitter was rejected in a decision of non-acceptance in February 2008. On November 26, 2009, the Federal Constitutional Court reported that it had unanimously decided not to accept the complaint of unconstitutionality on November 10. This decision of non-acceptance by the Federal Constitutional Court must be seen both in a confirmatory light 'after Konrad' and in a sense of anticipation 'before Gorleben'. This completes the possibilities of having recourse to law in Germany. The only course remaining open is to appeal to the European Court of Human Rights, which is what the private prosecutor had announced earlier. (orig.)
Romanian regulatory framework for uranium mining and milling (present and future)

International Nuclear Information System (INIS)

Rodna, A.L.; Dumitrescu, N.

2002-01-01

In Romania, all operations in the nuclear field, including uranium mining and milling, are regulated by Law no. 111/1996 (republished in 1998), regarding the safe conduct of nuclear activities. These activities can be performed only on the basis of an authorization released by the national regulatory authority, i.e. the National Commission for Nuclear Activities Control. The specific requirements which must be carried out by the owner of an operating licence for a uranium mining and milling operation are stipulated by the Republican Nuclear Safety Norms for Geological Research, Mining and Milling of Nuclear Raw Materials. These regulatory requirements have been in force since 1975. The regulatory norms include provisions that the effective dose limit for workers should not exceed 50 mSv/year and also that liquid effluents released into surface waters must have a content of natural radioactive elements that meets the standards for drinking water. The norms do not contain provisions concerning the conditions under which the mining sites and the uranium processing facilities can be shut down and decommissioned. The norms also do not contain requirements regarding either the rehabilitation of environments affected by abandoned mining and milling activities, nor criteria for the release of the rehabilitated sites for alternative uses. To implement the provisions of Council Directive 96/29 EURATOM in Romania, new Fundamental Radiological Protection Norms have been approved and will soon be published in the 'Monitorul Official' (Official Gazette of Romania). One of the main provisions of these norms is the reduction of the effective dose limit for the workers to 20 mSv/year. Changes in the Republican Nuclear Safety Norms for Geological Research, Mining and Milling of Nuclear Raw Materials, are also planned; these changes will be consistent with the Fundamental Radiological Protection Norms. To cover existing gaps, the new norms for uranium mining and milling will include
Enacting National Seabed Mining Laws in Africa: Importance of a Practitioner’s Perspective

Directory of Open Access Journals (Sweden)

Nicholas N. Kimani

2015-09-01

Full Text Available Countries should develop seabed mining laws that maintain environmental and social protections, yet whose safeguard rules are easier to understand and can be implemented at lower cost. Blindly adopting foreign laws, however well drafted, may result in a regime that is fragmented, inefficient and costly to administer from industry’s perspective. Insights from Kenya, demonstrates the value of adopting a practitioners perspective to identify practical problems, potential opportunities and important policy issues.
The reform of mining law in the context of shale gas prospects: which regime and which evolutions?

International Nuclear Information System (INIS)

Lanoy, Laurence

2012-01-01

Announced for several years, the reform of mining law in France is intended to clarify a disparate law suite while adapting the code to new environmental and societal stakes. This evolution is highly related to the interdiction of hydraulic fracturing on the French soil, and one of the major stakes of the reform is based on the enhancement of public information (through information transparency and accessibility) and participation (public enquiries, etc.). The reform is also due to take into account the introduction of environmental management approaches and the indemnification or compensation for mining damages
9 CFR 329.8 - Authority for condemnation or seizure under other provisions of law.

Science.gov (United States)

2010-01-01

... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Authority for condemnation or seizure... PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES § 329.8 Authority for condemnation or seizure under other provisions of law. The...
Analysis of the Uniform Accident And Sickness Policy Provision Law: lessons for social work practice, policy, and research.

Science.gov (United States)

Cochran, Gerald

2010-01-01

The Uniform Accident and Sickness Policy Provision Law (UPPL) is a state statute that allows insurance companies in 26 states to deny claims for accidents and injuries incurred by persons under the influence of drugs or alcohol. Serious repercussions can result for patients and health care professionals as states enforce this law. To examine differences within the laws that might facilitate amendments or reduce insurance companies' ability to deny claims, a content analysis was carried out of each state's UPPL law. Results showed no meaningful differences between each state's laws. These results indicate patients and health professionals share similar risk related to the UPPL regardless of state.
Legal provisions concerning the handling and disposal of radioactive waste in international and national law

International Nuclear Information System (INIS)

Bischof, W.

1980-01-01

The development and present state of legislation and regulation in the field of handling and disposal of radioactive waste is surveyed. On the basis of the comprehensive collection of all legal sources of atomic energy law, including the radiation protection law of the Institute of Public International Law of the Goettingen University (Germany, F.R.), the report will consider provisions of international organizations (IAEA, OECD-NEA, EURATOM-Basic Norms, ICRP), of international agreements (London, Barcelona, Paris, Helsinki Conventions; civil liability conventions) and of the national law of different countries (USA, UK, France, Germany, F.R. and D.R., Italy, Switzerland, Belgium, the Netherlands, Spain). The following subjects are considered: notion and definition of radioactive waste, license-system for handling, storage and disposal; exemptions; licensing of nuclear installations and waste disposal; obligation to deliver radioactive wastes; centralized interim and final storage installations; penalties. (H.K.)
South African labour law and HIV / AIDS.

Science.gov (United States)

Smart, R; Strode, A

1999-01-01

This article contains five key pieces of labor legislation in South Africa, including one applying specifically to the mining industry which protect the rights of employees. These laws include: the Employment Equity Act, No. 55 of 1998; the Labour Relations Act, No. 66 of 1995; the Occupational Health and Safety Act, No. 85 of 1993; the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993; the Mines Health and Safety Act, No. 29 of 1996; and the Basic Conditions of Employment Act, No. 75 of 1997. This paper further presents the Medical Schemes Act, No. 131 of 1998 and the protection of the right to privacy and dignity. Although HIV/AIDS was expressly referred to only in the Employment Equity Act, there are provisions in all the other Acts, which have relevance to HIV/AIDS.
Aspects of administrative law in radiation protection in regions contaminated by mining activities - Wismut

International Nuclear Information System (INIS)

Naeser, H.

1992-01-01

The winding up of the uranium mining operated since the end of the Second World War jointly by the USSR and the GDR under the name ''Wismut'', and the clean-up of the region belongs to the great ecological problems that must be mastered in the new Laender of Germany. These measures pose a great number of problems of administrative and environmental law, because highly complex and very different matters must be regulated and a great number of norms of public law must be applied. This is aggravated by the considerable difficulties in achieving legal unity after the formal unification of the two German states. Selected legal issues are discussed. (orig./HSCH) [de
Surface mining

Science.gov (United States)

Robert Leopold; Bruce Rowland; Reed Stalder

1979-01-01

The surface mining process consists of four phases: (1) exploration; (2) development; (3) production; and (4) reclamation. A variety of surface mining methods has been developed, including strip mining, auger, area strip, open pit, dredging, and hydraulic. Sound planning and design techniques are essential to implement alternatives to meet the myriad of laws,...
A methodology for determining the evolution law of gob permeability and its distributions in longwall coal mines

International Nuclear Information System (INIS)

Zhang, Cun; Tu, Shihao; Zhang, Lei; Bai, Qingsheng; Yuan, Yong; Wang, Fangtian

2016-01-01

In order to understand the permeability evolution law of the gob by mining disturbances and obtain the permeability distribution of the fully compacted gob, comprehensive methods including theoretical analyses of monitoring data and numerical simulation are used to determine the permeability of gobs in the mining process. Based on current research, three zones of the vertical stress and permeability in the gob are introduced in this article, which are the caving rock mass accumulation zone, the gradually compacted zone and the fully compacted zone. A simple algorithm is written by using FISH language to be imported into the reservoir model. FISH language is an internal programming language in FLAC3D. It is possible to calculate the permeability at each zone with this algorithm in the mining process. Besides, we analyze the gas flow rates from seven gob gas ventholes (GGV) located on a longwall face operated in a mine of a Huainan coalfield in Huainan City, China. Combined with Darcy’s law, a calculation model of permeability around GGV in the gob is proposed. Using this model, the evolution law of permeability in the gob is deduced; the phases of permeability evolution are the decline stage and the stable stage. The result of the vertical stress monitoring data and good fitting effect of the permeability to the experimental data show that the permeability decline caused by the compaction of the gob is the principal reason for the decline stage. The stable stage indicates that the gob has been fully compacted, and the average period of full gob compaction is 47.75 d. The permeability in the middle of the compacted gob is much smaller than the permeability on the edge of the gob which presents an O shape trend. Besides, the little difference among the results of the numerical simulation, the permeability calculation model and other commonly used calculation models validate the correctness of the permeability calculation model and numerical simulation results
Reformulating the calculation of mining privileges for medium and large mining

Directory of Open Access Journals (Sweden)

Pedro Franco Concha

2016-01-01

Full Text Available Throughout this paper those technical and accounting concepts of the Law of mining privileges that generate ambiguity and incongruity for businesses has been analyzed and identified. For this reason, we have developed a proposal amending the calculation of mining privileges based on two main aspects: (i terminology used in the law and (ii establishment of income before retribution to stakholders and taxes as a basis for calculating privileges. As a result, it was established as an object of study for all mining companies paying privileges; however, for purposes of the investigation three representative mining companies of medium and large mining were selected. Later interviews were arranged with financial and tax managers of the companies mentioned above as well as experts in the field of mining privileges; it was concluded that the concepts of "cost" and "corresponding fiscal year" mentioned in the Law generated ambiguities, inconsistencies and accounting distortions. Also, mining companies and experts agreed that the current basis for the calculation of the privileges is not adequate for the mining sector since it does not reflect the financial situation of companies. Therefore, a proposal for reformulation of the applied priviously and a new basis for calculating the mining privileges based on the cost of sales is made; since, in the cost of sales is found what Kieso and Weygandt (1999 denominated as "the price paid for the right to seek and find a hidden Natural resources, or paid by a source already discovered"
Taxation on mining and hydrocarbon investments

Directory of Open Access Journals (Sweden)

Beatriz De La Vega Rengifo

2014-07-01

Full Text Available This article comments the most important aspects of the tax treatment applicable to investments of mining and oil and gas industry. The document highlights the relevant tax topics of the general tax legislation(Income Tax Law and the special legislation of both industries (General Mining Law and Hydrocarbons Organic Law.
Colombian mining legislation

International Nuclear Information System (INIS)

Mendoza Delgado, Eva Isolina

2004-01-01

The paper makes a historical recount of the mining legislation in Colombia, it is about the more relevant aspects of the Code of Mines, like they are the title miner, obligations, economic aspects, integration of mining areas and of the benefits contemplated in the law 685 of 2001

30 CFR 847.2 - General provisions.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false General provisions. 847.2 Section 847.2 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PERMANENT PROGRAM... court of competent jurisdiction enters a judgment against or convicts a person under these provisions...
77 FR 46121 - Notice of Proposed Information Collection; General Provisions

Science.gov (United States)

2012-08-02

... jurisdiction of surface coal mining and reclamation operations, petitions for rulemaking, and citizen suits... DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement Notice of Proposed Information Collection; General Provisions AGENCY: Office of Surface Mining Reclamation and Enforcement...
20 CFR 726.204 - Statutory policy provisions.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Statutory policy provisions. 726.204 Section 726.204 Employees' Benefits EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S...
Environmental laws for mining activities in Provincia de San Juan (Argentina), gravel mines exploitation

International Nuclear Information System (INIS)

Ramirez, M.; Carrascosa, H.

2007-01-01

This paper analyses San Juan Province - Argentina prevailing environmental legislation for mining activity and gravel mines. The study focuses the subject from a mining engineering point of view. (author)
Environmental protection - Penal Law. Umweltschutz-Strafrecht

Energy Technology Data Exchange (ETDEWEB)

Sack, H J

1980-01-01

The 18th Amendment of the Penal Law - Law on the Abatement of Environmental Delinquency - (18. StrAendG) has now been passed. It has been promulgated on March 28, 1980 and has come into force on July 1, 1980. Through this amendment, a large number of the provisions of the environmental law regarding sanctions has been incorporated into the Penal Code. Persons concerned with environmental protection and pollution control will also in future need such a textbook with comments as a guide to the most important provisions on sanctions and fixed penalties. The 18th Amendment of the Penal Code does not cover all the provisions on sanctions to be applied in the field of environmental protection, a number of regulations still remains part of other, special laws. The same applies to the provisions on penalties which are laid down in a variety of individual laws and regulations, as a comprehensive code of environmental laws still remains to be established. This first part of the textbook in loose-leaf form deals mainly with the new provisions of sections 311d, 311e, 324, and 325. The other facts of the 18th Amendment will be discussed in the second part. As the regulations have, for the most part, not been completly revised or newly inserted, parts 1/3 of the first edition of this textbook can still be used as a help in analysing the existing provisions.
Perils of project development on public land open to mining

International Nuclear Information System (INIS)

Jacobs, W.R.

1991-01-01

Conducting a government project on public land open to the general mining laws can result in added costs, legal entanglements, schedule uncertainties, and the potential for unanticipated safety issues and concerns due to interactions with mining claimants. Planning for such projects must include a careful assessment of not only land access needs and restrictions, but also possible scenarios for conflict with activities authorized under the general mining laws throughout the life of the project. It is essential to have a thorough knowledge of the applicable mining laws and how they are currently being interpreted and applied by the responsible regulatory authorities and land managers. The Yucca Mountain Project approach to land access, problems encountered with mining claims filed under the Mining Law of 1872, and the lessons learned from these experiences are discussed in this paper
Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1991-01-01

The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de
The State Council's decision interpreting the provisions of the mining code about mine shutdowns

International Nuclear Information System (INIS)

Couderc, G.; Sanvee, S.

2004-01-01

In line with the special police powers granted by article 77 of the Mining Code, administrative authorities may issue orders to a mine operator to undertake measures for ensuring public safety and security and for reinforcing the solidity of public and private buildings. When major risks to the security of goods and persons crop up following warrants for executing such orders, administrative authorities can step in once again and either take, till the expiration of mining rights, new measures, or else order, when risks of cave-ins have been identified, an operator to set up and run the equipment necessary for supervising and preventing these risks until these duties are transferred to the state. However a decision by the State Council on 22 October 2003 formulates a reservation: if the administration has not used the procedure for definitively shutting down a mine to identify all risks and to order the operator the measures for ensuring security in line with all known risks, then the administration itself will carry the responsibility for implementing such measures. (authors)
ASEAN mining industry`s development

Energy Technology Data Exchange (ETDEWEB)

Simatupang, M [ASEAN Federation of Mining Associations (AFMA), Jakarta (Indonesia)

1994-12-31

A report is presented on the potential and challenges of mining in the ASEAN region. Legal and financial provision, the and business climate for future investment is also discussed. One problem is the small scale of many of the mining operations, so special guidance is needed, especially in environmental matters. Specific discussion is presented of mining in Indonesia, Malaysia, Thailand, the Philippines, Brunei, and Vietnam and Myanmar. 8 refs., 3 figs.
Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1988-01-01

The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de
Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1989-01-01

The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de
Environmental protection - Penal Law. 2nd ed.

International Nuclear Information System (INIS)

Sack, H.J.

1980-01-01

The 18th Amendment of the Penal Law - Law on the Abatement of Environmental Delinquency - (18. StrAendG) has now been passed. It has been promulgated on March 28, 1980 and has come into force on July 1, 1980. Through this amendment, a large number of the provisions of the environmental law regarding sanctions has been incorporated into the Penal Code. Persons concerned with environmental protection and pollution control will also in future need such a textbook with comments as a guide to the most important provisions on sanctions and fixed penalties. The 18th Amendment of the Penal Code does not cover all the provisions on sanctions to be applied in the field of environmental protection, a number of regulations still remains part of other, special laws. The same applies to the provisions on penalties which are laid down in a variety of individual laws and regulations, as a comprehensive code of environmental laws still remains to be established. This first part of the textbook in loose-leaf form deals mainly with the new provisions of sections 311d, 311e, 324, and 325. The other facts of the 18th Amendment will be discussed in the second part. As the regulations have, for the most part, not been completly revised or newly inserted, parts 1/3 of the first edition of this textbook can still be used as a help in analysing the existing provisions. (orig./HP) [de
A law of removing radon by ventilation and air requirement calculation for eliminating radon daughters in uranium mines

International Nuclear Information System (INIS)

Wu Gang

1988-06-01

In accordance with testing data of removing radon and its daughters by ventilation from shrinkage and filling stopes of uranium mines, a law of removing radon by ventilation from the stopes is analyzed and summed. According to the decay law of radon and its daughters, an accumulation equation of potential alpha energy from radon daughters is presented with hyperbolic regression equation. the calculating formulae of ventilation flow are derived from the accumulation equation for eliminating radon daughters in inlet flow with or without contamination. It has been proved that the amount of ventilation air calcuated could meet the requirements of radiation safety rationally and economically
29 CFR 1620.28 - Relationship to other equal pay laws.

Science.gov (United States)

2010-07-01

... PAY ACT § 1620.28 Relationship to other equal pay laws. The provisions of various State or local laws may differ from the equal pay provisions set forth in the FLSA. No provisions of the EPA will excuse... 29 Labor 4 2010-07-01 2010-07-01 false Relationship to other equal pay laws. 1620.28 Section 1620...
The Konrad mine. No more recourse to law?; Schacht Konrad. Auf dem Rechtsweg am Ende?

Energy Technology Data Exchange (ETDEWEB)

Schneider, Horst

2010-01-15

The constitutional guarantee in Article 19, Para. 4 of the Basic Law, expressed as a fundamental right, implies that everybody whose rights were violated by public action may have recourse to law. These constitutional principles, of course, also apply to the execution of atomic laws and to resorting to courts of law against actions by federal and state authorities under the Atomic Energy Act. This guaranteed recourse to law may, even if possibilities of so-called immediate execution of decisions by authorities are employed, lead to proceedings dragging on for years but, in the end, will result in legal certainty. The plans approval decision about construction and operation of the Konrad Mine as a repository for radioactive waste was passed in May/June 2002 and, as expected, became the subject of litigation. In late March 2007, the Federal Administrative Court rejected the complaints on very detailed grounds. This constituted the end of the legal measures open under administrative law. In the German system of legal redress, this then leaves everybody the possibility to bring a complaint for unconstitutionality to the Federal Constitutional Court, provided a violation of basic rights is claimed. This approach was taken by 2 complaining parties. The complaint for unconstitutionality by the city of Salzgitter was rejected in a decision of non-acceptance in February 2008. On November 26, 2009, the Federal Constitutional Court reported that it had unanimously decided not to accept the complaint of unconstitutionality on November 10. This decision of non-acceptance by the Federal Constitutional Court must be seen both in a confirmatory light 'after Konrad' and in a sense of anticipation 'before Gorleben'. This completes the possibilities of having recourse to law in Germany. The only course remaining open is to appeal to the European Court of Human Rights, which is what the private prosecutor had announced earlier. (orig.)
Bribery offences under Vietnamese criminal law in comparision with Swedish and Australian criminal law

OpenAIRE

Dao Le, Thu

2011-01-01

There have been attempts, all over the world, to address bribery with recourse to criminal law. As many other countries, Vietnam has been doing activities that show the determination of combating and controlling corruption, including strengthening penal provisions in terms of bribery. However, the situation of bribery in Vietnam is still alarming. For Vietnamese law enforcement authorities, criminal provisions concerning bribery are neither adequate nor clear. Analysis starts with bot...
Uranium and thorium mining regulations: Amendments relating to financial assurances and decommissioning of uranium mining facilities. Consultative document

Energy Technology Data Exchange (ETDEWEB)

Brooks, G L [Atomic Energy of Canada Ltd., Sheridan Park, ON (Canada). CANDU Operations

1993-12-23

The purpose of this document is to describe the objectives, scope, substance and application of proposed amendments to the Uranium and Thorium Mining Regulations; in particular, amendments relating to the provision of financial assurances for the decommissioning of Canadian uranium mines. (author).
Uranium and thorium mining regulations: Amendments relating to financial assurances and decommissioning of uranium mining facilities. Consultative document

International Nuclear Information System (INIS)

Brooks, G.L.

1993-01-01

The purpose of this document is to describe the objectives, scope, substance and application of proposed amendments to the Uranium and Thorium Mining Regulations; in particular, amendments relating to the provision of financial assurances for the decommissioning of Canadian uranium mines. (author)
ENVIRONMENTAL MANAGEMENT OF MINE WATER, CONSIDERING EUROPEAN WATER LEGISLATION. CASE STUDY OF MEGALOPOLIS MINES

OpenAIRE

Dimitrakopoulos, D.; Vassiliou, E.; Tsangaratos, P.; Ilia, I.

2017-01-01

Mining activities causes many environmental problems to the surrounding areas, as other industrial activities do also. However mine water pollution, is considered a tough task to handle, as it requires specific regulations, quite distinct from those applicable to most other industrial processes. Even though there are several federal laws and regulations in Greece and in the European Union that influences the mining industry and mine water management, still certain factors complicates their im...
Injury experience in coal mining, 1991

Energy Technology Data Exchange (ETDEWEB)

1991-12-31

This Mine Safety and Health Administration (MSHA) informational report reviews in detail the occupational injury and illness experience of coal mining in the United States for 1991. Data reported by operators of mining establishments concerning work injuries are summarized by work location, accident classification, part of body injured, nature of injury, occupation, and anthracite or bituminous coal. Related information on employment, worktime, and operating activity also is presented. Data reported by independent contractors performing certain work at mining locations are depicted separately in this report. For ease of comparison between coal mining and the metal and nonmetal mineral mining industries, summary reference tabulations are included at the end of both the operator and the contractor sections of this report. Data used in compiling this report were reported by operators of coal mines and preparation plants on a mandatory basis as required under the Federal Mine Safety and Health Act of 1977, Public Law 91-173,as amended by Public Law 95-164. Since January 1, 1978, operators of mines or preparation plants or both which are subject to the Act have been required under 30 CFR, Part 50, to submit reports of injuries, occupational illnesses, and related data.

Problems and perspectives in energy law and environmental law. Documentation; Probleme und Perspektiven im Energieumweltrecht. Dokumentation

Energy Technology Data Exchange (ETDEWEB)

Cremer, Wolfram; Pielow, Johann-Christian (eds.)

2009-07-01

This book contains the contributions and discussion of the 13th annual meeting of the Institute of Mining Law and Energy Law of the Ruhr University Bochum. The meeting washed on 6 March 2009 under the title ''Problems and Perspectives in Energy Law and Environmental Law''. (orig.)
THE LAW ON EDUCATION OF 2012 AND DEVELOPMENT OF EDUCATIONAL LAW IN RUSSIA

OpenAIRE

KOZYRIN A.N.; TROSHKINA TATYANA

2017-01-01

In September 2013 Russia enacted a new law on education which introduced significant changes into the system of sources for Russian educational law. This article analyses the provisions of the education law that pertain to sources of educational law in the Russian Federation, the relationship between different levels of normative and legal regulation, including: international, national (federal laws and by-laws, legal regulation of relations in education at the regional and municipal levels i...
42 CFR 421.5 - General provisions.

Science.gov (United States)

2010-10-01

... U.S. Revised Statutes or any other provision of law that requires competitive bidding. (b.... (a) Competitive bidding not required for carriers. CMS may enter into contracts with carriers, or... certain administrative responsibilities that the law imposes. Accordingly, their agreements and contracts...
Colombian mining legislation; Legislacion minera colombiana

Energy Technology Data Exchange (ETDEWEB)

Mendoza Delgado, Eva Isolina

2004-07-01

The paper makes a historical recount of the mining legislation in Colombia, it is about the more relevant aspects of the Code of Mines, like they are the title miner, obligations, economic aspects, integration of mining areas and of the benefits contemplated in the law 685 of 2001.
Mining technology and policy issues 1983

International Nuclear Information System (INIS)

Anon.

1983-01-01

This book presents conference papers on advances in mineral processing, coal mining, communications for mining executives, environmental laws and regulations, exploration philosophy, exploration technology, government controls and the environment, management, mine finance, minerals availability, mine safety, occupational health, open pit mining, the precious metals outlook, public lands, system improvements in processing ores, and underground mining. Topics considered include coal pipelines and saline water, an incentive program for coal mines, sandwich belt high-angle conveyors, the development of a mining company, regulations for radionuclides, contracts for western coal production for Pacific Rim exports, and the control of radon daughters in underground mines
Interzones of Law and Metaphysics

DEFF Research Database (Denmark)

Mossin, Christiane

and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...
The Nuclear Safety Convention - does it confirm existing German law, and update international law?

International Nuclear Information System (INIS)

Lindemann, C.

1995-01-01

Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de
Decree No. 80-204 of 11 March 1980 concerning mining rights

International Nuclear Information System (INIS)

1980-01-01

This Decree repeals a Decree of 29 October 1970 on the same subject. However, it does not amend the Mining Code presently in Force, which contains provisions of substance governing mining resarch and exploitation. In connection with substances of use for atomic energy, any projects for taking out, modifying or suppressing mining rights must, as in the past, be submitted to the Committee for Atomic Energy before the file is forwarded to the General Council for Mines. It is now laid down that the Committee for Atomic Energy must take its decision within one month. The previous text contained no provision concerning a time-limit in this respect. (NEA) [fr
The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems

Directory of Open Access Journals (Sweden)

Alfitri

2017-12-01

Full Text Available This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation; and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI and the Compilation of Sharia Economic Law (KHES, do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis in Islamic history which on a certain level similar to the role of judges in common law system.
Obligatory provisions for nuclear power plants

International Nuclear Information System (INIS)

Cloosters, W.

2008-01-01

To cover the expenses associated with decommissioning and disposal of their nuclear power plants, German nuclear power plant operators set aside a total of more than EUR 30 billion and entered the respective provisions into their balance sheets. One point of eminent importance in this regard is the question whether these provisions are adequate in amount and permitted under accounting and tax laws. The other point to be considered is whether the funds will be available reliably if and when needed. Against the backdrop of these issues, the practice and importance of making these provisions are described. This is followed by an outline of the basic accounting and taxation aspects. It is seen that obligations under public law can be the basis of financial provisions only if there is a obligation sufficiently concrete in terms of time and object. The following examination of applicable obligations under the Atomic Energy Act incumbent upon nuclear power plant operators with regard to decommissioning and disposal results in the finding that such obligations are only partly regulated in the Atomic Energy Act, and that specifications in terms of time and purpose are insufficient. If the national practice of making financial provisions is to be put on a reliable basis, it is recommended to express the law on decommissioning and its mode of financing in more concrete terms in the Atomic Energy Act. In addition to unequivocal decommissioning and disposal obligations, the Atomic Energy Act should also incorporate regulations about financial provisions for decomissioning which are in need of more precise language. The present practice of making provisions is characterized by the risk that the funds necessary for planned decommissioning and disposal may not be available when needed. It is against this background that possible solutions reducing that risk are discussed. A recommendation is expressed to establish a public fund for decommissioning and disposal to which the
78 FR 75251 - Changes To Implement the Patent Law Treaty; Correction

Science.gov (United States)

2013-12-11

...-2013-0007] RIN 0651-AC85 Changes To Implement the Patent Law Treaty; Correction AGENCY: United States... Law Treaty (PLT) and provisions of the Patent Law Treaties Implementation Act of 2012 (PLTIA) that... practice in patent cases for consistency with the changes in the Patent Law Treaty (PLT) and provisions of...
Influence of Government economic policies on mining legislation

Energy Technology Data Exchange (ETDEWEB)

Jakob, K F

1980-01-01

As we know from experience, the relation between state and economy is characterized by more or less strong tensions. The following three groups have always claimed the right to dispose of mineral resources: the state - in former times the sovereign -, the landowners, and the mining industry. The first one has based his claim on his official power and has taken the view that he alone could protect the interests of the general public in winning mineral resources. The second ones have relied on their titles to real estates which basically cover unlimited depth. With the intent to work the mines, the mining industry refers to its know-how, performance and readiness, thus alleging that they would serve the national economy best. The historical development of mining laws has finally been characterized by a shift in priorities within these naturally strained relations which exist between state, landowners, and mining industry. It is examined how the emphasis has been shifted in this relationship in the course of time, with special consideration of the relationship between state and mining industry. Which rules of law the legislator intends to make with regard to mining laws will always depend on the question as to which economic policy the state intends to pursue.
Implication of Copyright Provisions for Literary Works in Films and ...

African Journals Online (AJOL)

The emphasis of copyright is on original literary works, films, sound recordings and others. The focus of this paper is to discuss the various provisions of the copyright law as they affect films, video and by extension video CD. The study examines the various interpretations of the provisions of the copyright law as they affect ...
Editorial: Mining in a Sustainable World

Directory of Open Access Journals (Sweden)

Marty Branagan

2014-09-01

Full Text Available Humanity has reaped great benefits from mining. Over the millennia that humans have practiced mining, there have been many obvious improvements in mining’s environmental and social impacts. However, some aspects of mining still involve an element of ecological violence and, in Australia, there is a growing amount of conflict concerned with mining. These two related issues – ‘ecological violence’ and ‘conflict’ – were explored at the ‘Mining in a Sustainable World’ conference on 13 to 15 October 2013 at the University of New England campus in Armidale, Australia. The conference was a joint initiative of the University of New England’s Peace Studies and Australian Centre for Agriculture and Law. Specifically, conference delegates were interested in exploring the work being done to reduce ecological violence and conflict. Articles in this special edition of the International Journal of Rural Law and Policy arose from that conference. This editorial provides an overview of the rationale for the conference and the issues explored.
29 CFR 471.23 - What other provisions apply to this part?

Science.gov (United States)

2010-07-01

... NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS Ancillary Matters § 471.23 What other provisions apply... 29 Labor 2 2010-07-01 2010-07-01 false What other provisions apply to this part? 471.23 Section...
Animals and the law of armed conflict

OpenAIRE

Roscini, M.

2017-01-01

The main purposes of this article are to assess whether the existing rules of the law of armed conflict provide adequate protection to animals and to highlight the fault lines in the law. The article distinguishes the general provisions of the law of armed conflict, i.e. those that were not adopted with specific regard to animals but the application of which might restrict the killing and injuring of animals, from the provisions that specifically provide protection to animals. The analysis es...
Study on the Low-Temperature Oxidation Law in the Co-Mining Face of Coal and Oil Shale in a Goaf—A Case Study in the Liangjia Coal Mine, China

Directory of Open Access Journals (Sweden)

Gang Wang

2018-01-01

Full Text Available The low-temperature oxidation law of coal and rock mass is the basis to study spontaneous combustion in goafs. In this paper, the low-temperature oxidation laws of coal, oil shale, and mixtures of coal and oil shale were studied by using laboratory programmed heating experiments combined with a field beam tube monitoring system. The results from the programmed heating experiments showed that the heat released from oil shale was less than that from coal. Coal had a lower carbon monoxide (CO-producing temperature than oil shale, and the mixture showed obvious inhibiting effects on CO production with an average CO concentration of about 38% of that for coal. Index gases were selected in different stages to determine the critical turning point temperature for each stage. The field beam tube monitoring system showed that the temperature field of the 1105 co-mining face of coal and oil shale in the goaf of the Liangjia Coal Mine presented a ladder-like distribution, and CO concentration was the highest for coal and lower for the mixture of coal and oil shale, indicating that the mixture of coal with oil shale had an inhibiting effect on CO production, consistent with the results from the programmed heating experiments.
Muslim personal law and the meaning of "law" in the South African and Indian constitutions

Directory of Open Access Journals (Sweden)

C Rautenbach

1999-12-01

Full Text Available The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 1996 Constitution, and in particular the Bill of Rights as contained in chapter 2 of the 1996 Constitution, is applicable to "non-recognised" Muslim personal law. The answer to this question depends to a large extent on the meaning of "law" as contained in the 1996 Constitution.When the viewpoint of academic writers and the courts are evaluated it seems as if the meaning of law in South Africa is restricted to the common law, customary law and legislation. If such a viewpoint is to be followed, Muslim personal law is excluded from the scrutiny of the Bill of Rights. It is, however, inconceivable that there might be certain areas of "law" that are not subject to the scrutiny of the Bill of Rights. In this note it will be argued that Muslim personal law should be regarded as law in terms of the 1996 Constitution, or in the alternative, that Muslim personal law (or at least Muslim marriages should be recognised in terms of section 15 of the 1996 Constitution.Due to the historical resemblance between South Africa and India the meaning of "law" as contained in the 1996 Constitution will be compared with the meaning of "law" as contained in the Constitution of India. Although the Constitution of India indirectly gives recognition to various personal laws in India, these personal laws are not subject to the provisions of the Constitution of India. Therefore, it would be argued that one should approach the Constitution of India with caution when its provisions are
Determination of internationally controlled materials according to provisions of the law for the regulations of nuclear source materials, nuclear fuel materials and reactors

International Nuclear Information System (INIS)

1977-01-01

According to the provisions of The Law, those stipulated as internationally controlled materials are nuclear source materials, nuclear fuel materials, moderating materials, reactors and facilities, transferred from such as the U.S.A., the U.K. and Canada on the agreements of peaceful uses of atomic energy, and nuclear fuel materials accruing therefrom. (Mori, K.)
Water balance model for a no release mining operation in the Northern Territory

International Nuclear Information System (INIS)

Burgess, P.J.

1983-01-01

The uranium mining region of the Northern Territory of Australia is characterised by extremes in rainfall. This must be considered in planning mining operations in the area. Plans must include provision of water during the dry season, control of water during the wet season, provision of access throughout all seasons and management of water to minimise environmental pollution

Democracy from Islamic law perspective

Directory of Open Access Journals (Sweden)

Mubarak Abdulkadir

2016-01-01

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

International Nuclear Information System (INIS)

Ricks, G.

1997-01-01

Mine closure planning considers the best ways to plan and manage the environmental changes and socio-economic effects associated with the closing of mines. While the criteria for judging successful closures may vary, it is particularly important for physical, chemical and biological stability to be achieved and for final land use to be appropriate. Trust funds are increasingly favoured as a practical means of fulfilling the requirement for a financial surety and of ensuring that financial provision is available at the end of the mine's life. (author)
The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law

International Nuclear Information System (INIS)

Peters, H.J.

1995-01-01

The present book contains all regulations relevant to EIA in compact form: The EU EIA Directive; the Federal Law on the EIA; the Procedural Rules of Atomic Energy Law; the Ninth Ordinance on the Federal Emissions Control Law including the pertinent general administrative regulation; the Federal Mining Law; the Federal Building Law; the Federal Regional Planning Law; and the EIA laws of the Laender such as implementing regulations, the Land EIA Laws, and the Land Planning Laws. There is a basic introduction to EIA law preceding this collection of regulations and laws. (orig./HP) [de
Text Mining of Supreme Administrative Court Jurisdictions

OpenAIRE

Feinerer, Ingo; Hornik, Kurt

2007-01-01

Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Au...
20 CFR 718.1 - Statutory provisions.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Statutory provisions. 718.1 Section 718.1 Employees' Benefits EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR FEDERAL COAL MINE HEALTH AND... establish criteria for the techniques to be used to take chest roentgenograms (X-rays) in connection with a...
25 CFR 216.4 - Technical examination of prospective surface exploration and mining operations.

Science.gov (United States)

2010-04-01

... mining sites and mining operations vary widely with respect to topography, climate, surrounding land uses... and mining operations. 216.4 Section 216.4 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR ENERGY AND MINERALS SURFACE EXPLORATION, MINING, AND RECLAMATION OF LANDS General Provisions § 216...
50 CFR 10.22 - Law enforcement offices.

Science.gov (United States)

2010-10-01

... 50 Wildlife and Fisheries 1 2010-10-01 2010-10-01 false Law enforcement offices. 10.22 Section 10... GENERAL PROVISIONS Addresses § 10.22 Law enforcement offices. Service law enforcement offices and their areas of responsibility follow. Mail should be addressed: “Assistant Regional Director, Division of Law...
REFLECTION ON THE REVISION OF THE BOOK OF THE LAW OF CRIMINAL LAW AND LAW OF CRIMINAL PROCEDURE OF INDONESIA

Directory of Open Access Journals (Sweden)

Marwan Mas

2015-05-01

Full Text Available The Principle of the plan revision or amendment Of the Criminal Law Act and LAW No. 8 of 1981 on the law of criminal procedure (Criminal Code is something that necessarily, because a number of judgments were not in accordance with the conditions of the present. Criminal Code which came into effect in 1915 during colonial times, many judgments which are not in line with people's lives today. For example, the ban showed, offering, or broadcast a preventive tool is pregnant, regulated in article 534 Criminal Code, although that provision had never been repealed as opposed to family planning programs. It's just that, those changes also should look at the reality of the needs of the community, particularly on corruption eradication efforts which should not be weakened. One of the crucial second revision of draft laws that are a number of provisions which could potentially undermine the spirit of the eradication of corruption, including the weakening of the authority of the corruption eradication Commission (KPK in dealing with corruption cases.
Naturally occurring radioactive materials at New South Wales mines

International Nuclear Information System (INIS)

McLaughlin, Robert

2013-01-01

Until recently mines in New South Wales have been largely exempt from the provisions of the Radiation Control Act with respect to radioactive ore being mined and processed. Legislative changes and the national harmonisation efforts for mine safety regulation have drawn attention to the emerging issue of naturally occurring radioactive material (NORM). While mine operators are already obliged under their duty of care to manage this hazard, specific control measures are increasingly expected by the community and regulators. This applies throughout the whole mine life cycle from exploration right through to rehabilitation.
Social mobilisation and violence at the mining frontier

NARCIS (Netherlands)

Middeldorp, Nick; Morales, Carlos; Haar, van der Gemma

2016-01-01

This paper documents opposition to mining in Honduras, a country at the verge of an attempted ‘mining boom’ since the ratification of a new mining law in April 2013. It analyses how a broad movement – involving NGOs, social movements and local communities – engages in opposition to the extractive
Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de
Medicine and abortion law: complicating the reforming profession.

Science.gov (United States)

McGuinness, Sheelagh; Thomson, Michael

2015-01-01

The complicated intra-professional rivalries that have contributed to the current contours of abortion law and service provision have been subject to limited academic engagement. In this article, we address this gap. We examine how the competing interests of different specialisms played out in abortion law reform from the early twentieth-century, through to the enactment of the Abortion Act 1967, and the formation of the structures of abortion provision in the early 1970s. We demonstrate how professional interests significantly shaped the landscape of abortion law in England, Scotland, and Wales. Our analysis addresses two distinct and yet related fields where professional interests were negotiated or asserted in the journey to law reform. Both debates align with earlier analysis that has linked abortion law reform with the market development of the medical profession. We argue that these two axes of debate, both dominated by professional interests, interacted to help shape law's treatment of abortion, and continue to influence the provision of abortion services today. © The Author [2015]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.
INSPECTION IN THE FIELD OF EMPLOYMENT RELATIONSHIPS AND PENALTY PROVISIONS UNDER THE LABOR LAW

Directory of Open Access Journals (Sweden)

Vojo Belovski

2017-10-01

Full Text Available If the primary efficacy of the projected normative order is absent, the mechanism of secondary efficacy occurs, which implies forceful realization of norms – repressive measures, i.e. coercive measures, and punitive undertakings. In the Labor Law there is a whole Chapter (Chapter XXV devoted to inspection supervision in the field of employment relationships. Labor inspection functions as a specialized organ of the Ministry which is responsible for the affairs in the area of labor. A request for a control by a labor inspectorate can be instigated by a worker individually, by the Trade Union and by the employer. It can also be instigated ex officio by the inspection supervision. Concerning supervision of the legal commencement of employment the procedure for the labor inspector is as follows: a to find employees at the place of work of the employer who are not employed according to the law; b employees not registered in the mandatory social insurance; c shall make a decision and shall order the employer to commence employment with the persons found there or with other persons without public job announcement within 8 days; d to employ for an indefinite period of time; e the number of employees shall not be reduced within the next three months; f will make a proposal for settlement by issuing a payment order of misdemeanor for the person responsible or a person authorized by the employer under the Law on Misdemeanors; g if the employer does not accept the payment order of misdemeanor, the inspector in charge will file a request for initiating a misdemeanor procedure. As an example of the misdemeanor provisions, a fine of 7,000 Euros in denar equivalent shall be pronounced on the employerlegal entity if: 1 if no agreement for employment has been made between the employee and the employer and the employer failed to register the employee in the Mandatory pension and Disability Insurance Fund, Health insurance and insurance in case of unemployment
Muslim personal law and the meaning of "law" in the South African and Indian constitutions

OpenAIRE

Rautenbach, Christa

1999-01-01

The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 199...
Sales law in the DCFR

NARCIS (Netherlands)

Loos, M.B.M.; Sagaert, V.; Storme, M.; Terryn, E.

2012-01-01

This paper looks into several aspects of Book IV.A of the Draft Common Frame of Reference and, in particular with regard to remedies, of Book III DCFR. Where appropriate, these provisions are compared with the corresponding provisions in the Principles of European Law on Sales (PELS) and,
The ''Jahrhundertvertrag'' (contract guaranteeing enhanced use of inland coal for electricity generation up to the end of the century) examined in the light of German and EC cartel law

International Nuclear Information System (INIS)

Maertens, M.

1995-01-01

The horizontal agreements concluded between the various electric utilities within the framework of the ''Jahrhundertvertrag'', (JHV), are a violation both of section 1 GWB (act against restraints on competition) and Art. 85 of the EC Treaty, and thus are void. The same applies to the horizontal agreements concluded between the coal mining companies in Germany, representing a violation of Art. 65, section 1 of the ECSC Treaty. As a result, the various vertical contracts concluded by the electical utilities and the coal mining companies are likewise affected by the decisions declaring the above agreements to be void. None of the applicable cartel law regimes permits exemptions from prohibition of restrictive practices beyond those provided for by cartel law. The electric utilities might receive permission from the German Federal Minister of Economics under section 8, sub-sec. 2 GWB, legalizing their agreements, but this permission would give legal effect to the cartel agreements in terms of civil law only if the EC Commission would decide to exempt this cartel from prohibition of restrictive practices of the EC Treaty by a decision in compliance with Art. 85, section 3 of the EC Treaty. The horizontal agreements of the mining companies are subject to Art. 65, section 2 of the ECSC treaty, and these stringent provisions do not leave room for an exemption in this case [de
Law 19.126. It dictate Regulatory standards about Mining of great bearing

International Nuclear Information System (INIS)

2013-01-01

It statute rules for regulating mining projects of great size, ownership, location, related mining activities, mine closure plan, exploitation concession contract, taxation regime, canon, infractions and sanctions
The laws. 4. enlarged ed.

International Nuclear Information System (INIS)

1988-01-01

This issue no. 10 presents the terms and definitions valid in the field of civil defence, and the laws and regulations. There is the law relating to civil defence, of August 9, 1976, the official announcement, and the statement of legislative intent; further, the law relating to an extension of disaster services, together with the general administrative provisions concerning organisation, additional equipment, training of personnel, and financing of disaster services. The issue also presents the general administrative regulation for establishment, support, and management of civil defence, the law concerning construction and provision of shelters for the population, the general administrative regulation concerning local alarm systems and services (Warndienst-VwV) of March 31, 1981, and the act relating to the convention of May 14, 1954, for protection of cultural objects in the event of an armed conflict, (act of April 11, 1967), as well as the text of the convention itself and the protocol. (orig.) [de
Development of a risk-based mine closure cost calculation model

CSIR Research Space (South Africa)

Du Plessis, A

2006-06-01

Full Text Available . This research is important because currently there are a number of mines that do not have sufficient financial provision to close and rehabilitate the mines. The magnitude of the lack of funds could be reduced or eliminated if the closure cost calculation...
41 CFR 50-204.36 - Radiation standards for mining.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true Radiation standards for mining. 50-204.36 Section 50-204.36 Public Contracts and Property Management Other Provisions Relating to... CONTRACTS Radiation Standards § 50-204.36 Radiation standards for mining. (a) For the purpose of this...

42 CFR 422.378 - Relationship to State law.

Science.gov (United States)

2010-10-01

... 42 Public Health 3 2010-10-01 2010-10-01 false Relationship to State law. 422.378 Section 422.378... Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to the... licensed under State law; (ii) Generally apply to other MA organizations and plans in the State; and (iii...
Taxation of Income from Selling Property: Changes of New Income Tax Law Draft

OpenAIRE

Canatay HACIKÖYLÜ

2016-01-01

There are provisions in Income Tax Law No. 193 and Corporate Tax Law No. 5520 on the nature and taxation of income that real and legal persons acquire from real estate sales. There have been many changes in these provisions over time, but the changes made didnt meet the needs, and they distorted the systematic structure of the Laws. For these and similar reasons, the income tax law draft has been prepared based on Income Tax Law and Corporate Tax Law. With the draft, the Income Tax Law No. 19...
Environmental regulation of exploration and mining operations in Asian countries

International Nuclear Information System (INIS)

Otto, J.; Naito, Koh; Pring, G.

1999-01-01

This paper offers a new perspective on the environmental laws in Asian nations affecting the exploration, mining, and reclamation activities of the mineral resource industry: the perspective of the senior government officials in those countries, whose job is to enforce these new environmental laws. The article presents the results of a 1998 survey of national environmental officials in Asia conducted by the Colorado School of Mines and the Metal Mining Agency of Japan. Officials in 10 diverse countries - Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, Mongolia, Philippines, Thailand and Vietnam - responded to a detailed questionnaire covering applicable laws, agencies, protected areas, covered mineral activities, financial assurance, environmental impact assessment, public involvement, environmental standards, permit and reclamation requirements. The survey confirms that Asian nations are part of the global trend towards national government regulatory structures that balance mineral development objectives with environmental considerations. The survey also shows developing regulatory systems (some embryonic, some more mature) utilizing a combination of mining and environmental acts, and often an 'insider' perspective of the national officials administering the laws. While that perspective is not without its biases (not least the rigor of enforcement), it may nevertheless be of use in company planning. The emerging regulatory picture contradicts the conventional notion that it is the 'lower' level of regulation in Asia that is attracting foreign direct investment in mining. (author)
Punishability of office-holders in environmental law

International Nuclear Information System (INIS)

Papier, H.J.

1988-01-01

The author deals with the question of criminal responsibility of office-holders in the field of environmental law. The provisions in secs. 324-330 of the Penal Code do not grant independent or origin protection from violation of the law. They depend on administrative law regulations. (WG) [de
Description of basic mining legal principles.

Science.gov (United States)

Schmidt, Reinhard

2014-01-01

The Federal Mining Act manages access, via the system of mining concessions, to areas free for mining natural resources that do not belong to the surface property and deposits' owner. These cover especially important natural resources for the economy, including coal, ore, salt, crude oil and natural gas, and also terrestrial heat. For mining operations there exist, however, the same decrees for natural resources in the property of the surface owners, which are predominantly higher-value industrial minerals such as roofing slate, basalt, quartz sand, and clays for the fireproofing industry. In the case of mining laws, administrative procedures such as issuing mining concessions, approving operating plans, and issuing permits or licenses to explore according to water rights or the Federal Immission Control Act, those authorities and departments in whose remit the projects fall are dealt with by the Mining Authority. This means that the Mining Authority is the only state point of contact for the applicant, essentially an "all-in-one" service as it will itself instigate any further participation procedures required. The classic licensing procedure of mining is the operations plan procedure, whereby the operator submits an operating plan to the Mining Authority, which then examines it to ensure it fulfills mandatory legal safety objectives. If necessary these safety objectives can be met during licensing of the operating plans by stipulating additional requirements, Depending on the subject and validity period there are overall operating plans having the widest possible remit with comprehensive participation by the authorities and basic operating plans that form the basis for every mining works. There are also special operating plans, which owing to the dynamics of mining, resolve matters that suddenly become necessary or when the basic operating plans as originally conceived were not relevant. The closing-down operating plan is the designated tool for closing down
Ordinance 93-16 of 2 March 1993 concerning mining law

International Nuclear Information System (INIS)

1993-01-01

This text precise in one way that exploration, prospecting, mining, owning, handling, circulation, trading and transformation of mineral substances or fossil and fiscal regime applicable to these activities are subjected to this ordinance. except hydrocarbons crud or gaze and underground water. And in another way that naturally occurring minerals deposits or fossil in the subsoil or surface belongs to the Government of Niger Republic and can not be private property unless otherwise. By classifying the mineral deposits it notes the conditions and terms of acquiring licences and mining leases, closed/protected or prohibited zones, fiscal duties, health and safety in mines and quarries, infractions and penalties [fr
The financial assurance of obliteration of mining activity consequences

OpenAIRE

Jaroslav Dvořáček

2004-01-01

The contribution deals with the financing of the obliteration of the mining activity consequences process which is considered as the general problem of mining industry connected with the mining activity completion. It deals with the existing law solution of this sphere in the Czech Republic and the changes expected. The procedures of the resources ensuring for the mining activity consequences obliteration used in abroad are mentioned here.
One Stop Group Law Shop?

DEFF Research Database (Denmark)

Werlauff, Erik

2012-01-01

The article, which is the editorial for February 2012 i European Company Law, argues that the EU must introduce a directive offering the possibility to a European cross-border group of being treated, for company law reasons, in any EU country according to the same provisions which are in force in...
Water protection problems in Sachsen mines

International Nuclear Information System (INIS)

Schmidt, R.

2004-01-01

European regulations must be integrated in national law in order to become valid in its member states. In Germany, the Mining Act was amended in 1990, and an environmental impact statement was introduced in the plan approval procedure. Further, a safety and health certificate was required by the new ordinance on safety in mining (ABBergV). At state level, the German states are still in the modification and integration procedure. In the state of Sachsen, it is intended to give privilege to all mining projects instead of just to lignite mining as in the past. (orig.) [de
Potential health and environmental hazards of uranium mine wastes. Volume 3. Appendixes. Report to the congress

International Nuclear Information System (INIS)

1983-01-01

Contents include: summary of federal laws potentially affecting uranium mining; federal water programs and right activities; congressionally approved compacts that apportion water; state laws, regulations, and guides for uranium mining; active uranium mines in the United States; inactive uranium mines in the United States; general observations of uranium mine sites in Colorado, New Mexico, Texas, and Wyoming; influence of mine drainage on seepage to groundwater and surface water outflow; computation of mass emission factors for wind erosion; aquatic dosimetry and health effects models and parameter values; Airborne pathway modeling; and health risk assessment methodology
Construction and operation of mining and power supply installations in the German Democratic Republic after the enactment of the State Treaty on May 18, 1990

International Nuclear Information System (INIS)

Palm, M.

1990-01-01

The paper deals with differences in substantial laws in the states to the treaty in individual fields of law, and their respective constitutional roots. The initial situation - status quo ante (mining and energy law in Germany until 1945 and in the GDR until 1989), changes in mining and energy law in the GDR under the State Treaty of 18.5.1990 (basics of the new law in the GDR since 1.7.1990, further law-making acts concerning the mining and power supply industry). The author gives an outlook on the future mining and energy law in the GDR after the accession pursuant to article 23 of the basic law, i.e. the adoption of federal regulations of administrative, procedural, mining and energy law, and on uncertainties remaining during the transitional phase. (RST) [de
Nuclear waste management and problems arising from constitutional law

International Nuclear Information System (INIS)

Rauschning, D.

1983-01-01

The author discusses the problems arising in the field of nuclear waste management on account of the constitutional law. Especially the difficulties emanating from the conflict between the provisions of section 9a of the Atomic Energy Act and the provisions of constitutional law are dealt with in detail, referring to the monography of H. Hofmann, 'legal aspects of nuclear waste management'. The author comes to the conclusion that the reqquirements laid down in section 9a-9c of the Atomic Energy Act are in agreement with the Basic law. There is, he says, no unreasonable risk for future generations, as the provisions of the nuclear law provide for sufficient safety of sites and equipment selected for the final storage of nuclear waste, ensuring that radioactive leakage is excluded over long periods of time. In the second part of his lecture, the author discusses the problem of competency and delegation of authority with regard to the reprocessing of radioactive waste. (BW) [de
Deformation Failure Characteristics of Coal Body and Mining Induced Stress Evolution Law

Directory of Open Access Journals (Sweden)

Zhijie Wen

2014-01-01

Full Text Available The results of the interaction between coal failure and mining pressure field evolution during mining are presented. Not only the mechanical model of stope and its relative structure division, but also the failure and behavior characteristic of coal body under different mining stages are built and demonstrated. Namely, the breaking arch and stress arch which influence the mining area are quantified calculated. A systematic method of stress field distribution is worked out. All this indicates that the pore distribution of coal body with different compressed volume has fractal character; it appears to be the linear relationship between propagation range of internal stress field and compressed volume of coal body and nonlinear relationship between the range of outburst coal mass and the number of pores which is influenced by mining pressure. The results provide theory reference for the research on the range of mining-induced stress and broken coal wall.
Uranium mines of Tajikistan

International Nuclear Information System (INIS)

Razykov, Z.A; Gusakov, E.G.; Marushenko, A.A.; Botov, A.Yu.; Yunusov, M.M.

2002-12-01

The book describes location laws, the main properties of geological structure and industrial perspectives for known uranium mines of the Republic of Tajikistan. Used methods of industrial processing of uranium mines are described. The results of investigations of technological properties of main types of uranium ores and methods of industrial processing of some of them are shown. Main properties of uranium are shortly described as well as problems, connected with it, which arise during exploitation, mining and processing of uranium ores. The main methods of solution of these problems are shown. The book has interest for specialists of mining, geological, chemical, and technological fields as well as for students of appropriate universities. This book will be interested for usual reader, too, if they are interested in mineral resources of their country [ru
The protection and compensation of workers employed in the uranium mining industry in Australia

International Nuclear Information System (INIS)

McNamara, P.

1983-01-01

The hazards associated with uranium mining are outlined. The extent to which the law has provided for the protection of Australian uranium mine and mill workers from avoidable injury is examined. The single most significant step taken towards adequate protection of workers from the dangers of excessive exposure to ionising radiation was the approval of the Code of Practice on Radiation Protection in the Mining and Milling of Radioactive Ores (1980). The extent to which existing compensatory mechanisms, both common law and statutory, provide for the compensation of uranium mine and mill workers who sustain diseases peculiar to their employment is also examined. The capacity of the law to deal with cancers and other diseases of long latency periods is discussed
Further study on source parameters at Quirke Mine, Elliot Lake, Ontario

International Nuclear Information System (INIS)

Chen, S.

1991-01-01

A further analysis on source parameters for thirty-seven mining-induced seismic events at Quirke Mine, Elliot Lake, Ontario, has been carried out to study the self-similarity assumption in scaling law of seismic spectrum for mining-induced microearthquakes, and to understand the focal mechanism in the mine. Evidence from high P-wave energy in a ratio E p /E s of 5% to 30%, and about 80% of the events with E s /E p L ). For the same total seismic energy, the apparent stress is limited by 80 GN.m and 800 GN.m of seismic moment. The observed stress drop is dependent on the seismic moment, which implies a breakdown in scaling law for events induced by mining. An analysis of peak particle velocity and acceleration presents the evidence for seismic attenuation over the fractured zone above the rock burst area in the mine
Decree No. 78/84 of 5 September 1984 regulating safety and radiological protection in mines and related ore treatment and uranium recovery

International Nuclear Information System (INIS)

1984-01-01

This Decree was issued in pursuance of Decree-Law No. 426/83 of 7 December 1983 which provides that safety and radiological protection regulations shall be made for activities involving the mining of uranium and related treatment of uranium. It lays down definitions of technical radiation protection terms and sets out the requirements for permissible concentrations and internal and sets out the requirements for permissible concentrations and internal and external dose-limits for workers and members of the public. The Decree also sets up a Radiological Protection Service responsible for ensuring that the provisions of the Decree are observed. (NEA) [fr
Mine waste management legislation. Gold mining areas in Romania

Science.gov (United States)

Maftei, Raluca-Mihaela; Filipciuc, Constantina; Tudor, Elena

2014-05-01

Agency for Mineral Resources (NAMR) manages, on behalf of the state, the mineral resources. Waste management framework Nowadays, Romania, is trying to align its regulation concerning mining activity to the European legislation taking into consideration waste management and their impact on the environment. Therefore the European Waste Catalog (Commission Decision 2001/118/EC) has been updated and published in the form of HG 856/2002 Waste management inventory and approved wastes list, including dangerous wastes. The HG 349/2005 establishes the legal framework for waste storage activity as well as for the monitoring of the closing and post-closing existing deposits, taking into account the environment protection and the health of the general population. Based on Directive 2000/60/EC the Ministry of Waters Administration, Forests and Environment Protection from Romania issued the GO No 756/1997 (amended by GO 532/2002 and GO 1144/2002),"Regulations for environment pollution assessment" that contains alarm and intervention rates for soil pollution for contaminants such as metals, metalloids (Sb, Ag, As, Be, Bi, B, Cd, Co, Cr, Cu, Hg, Mo, Ni, Pb, Se, Sn, TI, V, Zn) and cyanides. Also GO No 756/1997 was amended and updated by Law No 310/2004 and 112/2006 in witch technical instructions concerning general framework for the use of water sources in the human activities including mining industry, are approved. Chemical compounds contained in industrial waters are fully regulated by H. G. 352/2005 concerning the contents of waste water discharged. Directive 2006/21/EC of the European Parliament and of the Council relating to the management of waste from extractive industries and amending Directive 2004/35/EC is transposed into the national law of the Romanian Government under Decision No 856/2008. The 856/2008 Decision on the management of waste from extractive industries establishes "the legal framework concerning the guidelines, measures and procedures to prevent or reduce as far
17 CFR 229.913 - (Item 913) Other provisions of the transaction.

Science.gov (United States)

2010-04-01

... under such law. (b) If any provision has been made to allow investors to obtain access to the books and... applicable state law, under the partnership's governing instruments or will be voluntarily accorded by the...) Discuss the investors' rights under federal and state law to obtain a partnership's list of investors. ...
Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code)

Science.gov (United States)

Soponyono, Eko; Deva Bernadhi, Brav

2017-04-01

Development of national legal systems is aimed to establish the public welfare and the protection of the public. Many attempts has been carried out to renew material criminal law and those efforts results in the formulation of the concept of the draft Law Book of the Law of Criminal Law in the form of concept criminal code draft. The basic ideas in drafting rules and regulation based on the values inside the idology of Pancasila are balance among various norm and rules in society. The design concept of the New Criminal Code Act is anticipatory and proactive to formulate provisions on Crime in Cyberspace and Crime on Information and Electronic Transactions. Several issues compiled in this paper are whether the policy in formulation of cyber crime is embodied in the provisions of the current legislation and what the policies formulation of cyber crime is in the concept of the bill book of law - criminal law recently?.

Influence of Mining Thickness on the Rationality of Upward Mining in Coal Seam Group

Directory of Open Access Journals (Sweden)

Y. Li

2016-04-01

Full Text Available This study aimed to determine the influence of mining thickness on the rationality of upward mining in coal seam group. Numerical simulation and theoretical analysis were performed to investigate the influence of the mining thicknesses of initial mining seam on the destruction and pressure relief effect of the upper coal seam in a high-gas coal seam group. The mechanical model of the roof failure based on the mining thickness was established by assuming that the gob formed after adjacent panels have fully been caved is the infinite plane. On the basis of this model, an equation was derived to calculate the roof failure height of the panel. Considering the geological conditions of No. 9 and No. 12 coal seams of Zhaogezhuang Coal Mine, economic effectiveness, and proposed techniques, we concluded that the top layer (4 m of the No. 12 coal seam should be mined first. The top layer of the No. 9 coal seam should be subsequently mined. The topcaving technique was applied to the exploitation of the lower layer of the No. 12 coal seam. Practically monitored data revealed that the deformation and failure of the No. 2699 panel roadway was small and controllable, the amount of gas emission was reduced significantly, and the effect of upward mining was active. The results of this study provide theory basics for mine designing, and it is the provision of a reference for safe and efficient coal exploitation under similar conditions.
12 CFR 226.28 - Effect on State laws.

Science.gov (United States)

2010-01-01

... inconsistent, a creditor may not make disclosures using the inconsistent term or form. (2)(i) State law... also explain that the State law provisions apply only after expiration of the time period for... TRUTH IN LENDING (REGULATION Z) Miscellaneous § 226.28 Effect on State laws. (a) Inconsistent disclosure...
Nuclear-industry employee protection provisions of federal law

International Nuclear Information System (INIS)

Fidell, E.R.; Marcoux, W.C.

1982-01-01

Legislation enacted by Congress in 1978 to provide protection for those employed in the construction or operation of civil nuclear projects who express concerns to employers or others about the propriety of procedures in their places of employment from the standpoint of safety is summarized. The authors describe some recent and anticipated developments in the implementation of the law and offer practical suggestions for the avoidance of particular problems under the law. They counsel that the prudent utility company or other firm involved with nuclear energy will see the statute as another reason for facilitating the flow of bona fide safety concerns rather than as a vehicle for the expression of generalized complaints by malcontents and a convenient shield for substandard performers in the work force
Restoration of sites affected by opencast mining

Energy Technology Data Exchange (ETDEWEB)

Perez de Uribarri, D.

This report is based on a report by Drs Habil, Stozodka and S Frohnert (Dipl Eng), lecturers in the Opencast Mining and Hydroeconomics Technical Department of the Freiburg Mining Academy in Saxony, East Germany. The report finishes with a brief description of Spanish laws relating to site restoration, currently the subject of considerable debate.
16 CFR 436.10 - Other laws and rules.

Science.gov (United States)

2010-01-01

... CONCERNING FRANCHISING Other Provisions § 436.10 Other laws and rules. (a) The Commission does not approve or... franchise practices laws of any state or local government, except to the extent of any inconsistency with...
Legal provisions governing technical installations, especially regulations of the Building Law, Trade-and-Industry Law, and Atomic Energy Law

International Nuclear Information System (INIS)

Nicklisch, F.

1984-01-01

The author first shows the various legal regulation patterns of the German law system with regard to technical installations and in this context discusses the comprehensive clause method which refers to scientific-technical standards. This method is said to be an adequate means of achieving suitable results in the relationship between law and technology. However, three weak points can be seen: (1) The law system uses many different standards. (2) Due to uncertainty about the real meaning and content of these standards, it is not clear how these standards are defined. (3) This in practice puts up the question to what extent statutory works of technology are a suitable tool of making legal regulations more concrete, and whether they are to be given binding force. (HSCH) [de
40 CFR 144.4 - Considerations under Federal law.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 22 2010-07-01 2010-07-01 false Considerations under Federal law. 144... (CONTINUED) UNDERGROUND INJECTION CONTROL PROGRAM General Provisions § 144.4 Considerations under Federal law. The following is a list of Federal laws that may apply to the issuance of permits under these rules...
The remaining risk to be accepted with test facilities and prototype plants, and the relevant legal provisions of nuclear law

International Nuclear Information System (INIS)

Mayinger, T.

1995-01-01

The first chapter explains the provisions laid down in nuclear law to assure that precaution is taken to prevent damage resulting from the operation of nuclear power reactors, in order to set a line for comparison with the relevant legal provisions relating to test facilities and prototype plants. The comparative analysis shows that the means and methods of precaution are defined to comprise three approaches, namely measures taken to avert danger, measures taken to prevent danger, and measures for (remaining) risk minimization. All three approaches are intended to prevent occurrence of specifically nuclear events. The second chapter characterizes power reactors, prototype plant and test facilities and develops criteria for distinction. The third chapter establishes the systematics for comparison, showing whether and how the mandatory precaution to prevent damage defined for power reactors, prototype plant, and test facilities can be distinguished from each other, the results being represented in a systematic survey of licensing requirements as laid down in section 7, sub-section 2 ATG (Atomic Energy Act). (orig./HP) [de
Liability for damage caused by ground subsidence in the Netherlands. The role of the Mining Law and the Technical Committee Ground Subsidence

International Nuclear Information System (INIS)

Roggenkamp, M.M.; Verwer, Ch.P.

2004-01-01

This article provides an overview of the legal regulatory framework in respect of movements of the soil (i.e. subsidence and earth tremors) following the exploration and extraction of minerals in the Netherlands, and the liability for the damage they cause. This legal framework has been changed considerably since the new Mining Act came into force on January 1st, 2003. After having examined the causes of subsidence and subsequent earth tremors, and relationships with the exploration and extraction of subsoil minerals such as oil, gas, salt and coal, the article continues by presenting the legislation of this area. The authors analyse the applicable legislation before as well as after the introduction of the new Mining Act. The two judicial regimen have a similar approach: While the rules and regulations concerning earth movements are laid down in the Mining Act, the legal foundation for the liability for damage resulting from earth movements is provided by the Civil Code. The parliamentary debates on the Mining Bill specifically dealt with the issue of earth movements and the question whether either a system of absolute (vicarious) liability would apply, or a system of strict liability. One of the reasons for not having a system of absolute liability was the wish of Parliament to lay down in the Mining Act provisions for the creation of a Technical Committee on Earth Movements. It is the remit of this Committee to advise the Minister of Economic Affairs on all matters related to movements of the soil. It's duty is also to advise on the causal) relationship between mining activities and earth movements, and the amount of damages to be paid by the mining companies, at the request of individual persons. In order to avoid individuals not receiving any compensation for damages, the new Mining Act also calls for the introduction of a special Fund for Mining Damages. Individual persons would be entitled to make a claim to this fund in situations such as the mining company
The 104th congress: challenges for mining

Energy Technology Data Exchange (ETDEWEB)

Altmeyer, T.

1995-03-01

The election of a Republican majority to the US Congress in autumn 1994 will inaugurate a period of change. The period ahead will see a Democrat president against a Republic Congress, both with a manifesto for change. The possible results of such changes on the mining industry are examined. They include: mining law; Clean Water Act; Superfund; Safe Drinking Water Act; Resource Conservation and Recovery Act; Endangered Species Act; wetlands; recognition of property rights; judicial reform; Occupational Safety and Health Act; health care reform; labor law reform; Water Resources Development Act; fast track trade agreements; issue linkage in track agreements; and the US-Chile free trade agreement.
Statutory Requirements of Teacher Contract Laws: A Comparison of the 50 States' Continuing Contract and Teacher Tenure Laws.

Science.gov (United States)

Gorkom, Kris Van

This publication summarizes and compares legal provisions covering teacher tenure and contracts for each of the 50 states. The report is organized in three sections. Section 1 presents a summary comparison of the provisions of Washington's teacher contract law with corresponding statutory requirements of the other 49 states. Section 2 identifies…
The programme for remediation of contaminated mine sites: Its regulation and follow-up in Portugal

International Nuclear Information System (INIS)

Santiago Baptista, A.

2005-01-01

The policy of the Portuguese Government of assuming responsibility for remediating contaminated abandoned mine sites originated in an initiative taken between 1995 and 2001 by the General Directorate for the Environment and the Geological and Mining Institute. It has the aim of assessing and solving the prevailing environmental problems in some of the most contaminated abandoned mine sites in Portugal. On 6 July 2001, through Decree Law No. 198-A/2001, the Government defined the institutional and financial provisions to be adopted for implementing the environmental remediation programme. EXMIN-Industry and Mining Environmental Services S.A., a state owned company, was awarded an exclusive renewable contract on September 5 of the same year for a period of 10 years to implement this programme. Financing of the contract was guaranteed through EU funds under the FEDER programme, up to a maximum of Euro 52 million, to be spent before the end of the year 2006. In the beginning of 2002 a steering committee was nominated and took up its responsibilities, having been delegated a wide range of powers. At the same time the Ministers for Economic and Environmental Affairs delegated wide ranging powers to a technical evaluation subcommittee. The strategic definition of the targets of the old mine site remediation programme, which remains under the direct responsibility of the relevant ministers, highlights the importance of public health and safety and the social and economic development of the regions concerned. The information already gathered indicates that in total around 170 old mine sites require remediation. The time limit of 2006 for the availability of EU funds needs to be taken into consideration for the development of the remediation strategy. The specific situation of the old radioactive ore mines is described, as well as the status of the programme. (author)
Title to mining properties

International Nuclear Information System (INIS)

Crouch, K.M.

1976-01-01

The requirements of the law which must be met in order to create title to an unpatented mining claim and the procedures which should be followed when an attempt is made to determine the title to the claim is acceptable are reviewed
European media law

NARCIS (Netherlands)

Castendyk, O.; Dommering, E.; Scheuer, A.

2008-01-01

European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual
The mining code under the light of shale gas

International Nuclear Information System (INIS)

Dubreuil, Thomas; Romi, Raphael

2013-01-01

The authors analyze the evolution and challenges of the French legal context, notably the French mining code, in relationship with the emergence of the issue of shale gas exploitation. They first draw lessons from the law published in 2011 which focused on the use of the hydraulic fracturing technique to forbid any non conventional hydrocarbon exploitation. They comment the content of different legal or official texts which have been published since then, and which notably evoked the use of other exploration and exploitation techniques and weakened the 2011 law. In a second part, they discuss political issues such as the influence of the European framework on the energy policy, and the integration of mining, energy and land planning policies which puts the mining code into question
Taxation and regulation of uranium mining in Canada

International Nuclear Information System (INIS)

Anon.

1990-01-01

Government taxation and regulation have a profound influence on mineral operations. In Canada, taxation occurs both on the federal and provincial levels. In addition, both federal and provincial regulations also affect mine operations, sometimes with overlapping, or conflicting, legislation and jurisdiction. Three broad areas of regulation affect the mine production of uranium in Canada: (1) mining law or mineral rights; (2) the licensing procedures; and (3) regulation of occupational health and safety
Wording in international law

NARCIS (Netherlands)

d' Aspremont, J.

2012-01-01

Since the demise of philosophical foundationalism and that of the Aristotelian idea of an inner meaning of words, scholarship about international law is no longer perceived as a mining activity geared towards the extraction of pre-existing meaning. Rather, international legal scholarship is in a
Intelligent Mining Engineering Systems in the Structure of Industry 4.0

OpenAIRE

Rylnikova Marina; Radchenko Dmitriy; Klebanov Dmitriy

2017-01-01

The solution of the problem of improving the human environment and working conditions at mines is based on the provision of the rationale of parameters and conditions for the implementation of an environmentally balanced cycle of comprehensive development of mineral deposits on the basis of the design of mining engineering systems characterized by the minimization of the human factor effect in danger zones of mining operations. In this area, robotized technologies are being developed, machine...
Protection of industrial and business secrets in environmental protection law

International Nuclear Information System (INIS)

Breuer, R.

1986-01-01

The author investigates the relation between environmental protection and data protection, especially concerning the protection of industrial and business secrets. For this kind of conflict there are only general administrative and procedural provisions with little systematic order. Special provisions of data protection covering all aspects of industrial and business secrets, as for example in social or tax law, do not exist in German law until now. (WG) [de
31 CFR 800.102 - Effect on other law.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Effect on other law. 800.102 Section... TAKEOVERS BY FOREIGN PERSONS General § 800.102 Effect on other law. Nothing in this part shall be construed..., or review provided by or established under any other provision of federal law, including the...

ECONOMIC AND LEGAL ASPECTS OF THE PLANNED DAMAGES ACTIONS FOR THE BREACHES OF EC ANTITRUST LAW

Directory of Open Access Journals (Sweden)

Elena Isac

2010-09-01

Full Text Available This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.
20 CFR 650.2 - Federal law requirements.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Federal law requirements. 650.2 Section 650.2 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR STANDARD FOR APPEALS... Security Act requires that a State law include provision for: Such methods of administration * * * as are...
'These schemes will win for themselves the confidence of the people': irish independence, poor law reform and hospital provision.

Science.gov (United States)

Lucey, Donnacha Seán

2014-01-01

This article examines hospital provision in Ireland during the early twentieth century. It examines attempts by the newly independent Irish Free State to reform and de-stigmatise medical relief in former workhouse infirmaries. Such reforms were designed to move away from nineteenth century welfare regimes which were underpinned by principles of deterrence. The reform initiated in independent Ireland - the first attempted break-up of the New Poor Law in Great Britain or Ireland - was partly successful. Many of the newly named County and District Hospitals provided solely for medical cases and managed to dissociate such health care provision from the relief of poverty. However, some hospitals continued to act as multifunctional institutions and provided for various categories including the sick, the aged and infirm, 'unmarried mothers' and 'harmless lunatics'. Such institutions often remained associated with the relief of poverty. This article also examines patient fee-payment and outlines how fresh terms of entitlement and means-testing were established. Such developments were even more pronounced in voluntary hospitals where the majority of patients made a financial contribution to their treatment. The article argues that the ability to pay at times determined the type of provision, either voluntary or rate-aided, available to the sick. However, it concludes that the clinical condition of patients often determined whether they entered a more prestigious voluntary hospital or the former workhouse. Although this article concentrates on two Irish case studies, County Kerry and Cork City; it is conceptualised within wider developments with particular reference to the British context.
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
27 CFR 478.58 - State or other law.

Science.gov (United States)

2010-04-01

... business or activity contrary to State or other law. The holder of such a license is not by reason of the... ammunition business or activity in violation of the provisions of any State or other law. Similarly... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 478.58...
45 CFR 98.3 - Effect on State law.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Effect on State law. 98.3 Section 98.3 Public... Goals, Purposes and Definitions § 98.3 Effect on State law. (a) Nothing in the Act or this part shall be construed to supersede or modify any provision of a State constitution or State law that prohibits the...
Wording in International Law

NARCIS (Netherlands)

d' Aspremont, J.

2012-01-01

Since the demise of philosophical foundationalism and that of the Aristotelian idea of an inner meaning of words, the scholarship about international law is no longer perceived as a mining activity geared towards the extraction of pre-existing meaning. Rather, international legal scholarship is in a
The law applicable to environmental damage in European private international law

Directory of Open Access Journals (Sweden)

Đundić Petar

2013-01-01

Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.
7 CFR 1951.241 - Special provision for interest rate change.

Science.gov (United States)

2010-01-01

... 7 Agriculture 14 2010-01-01 2009-01-01 true Special provision for interest rate change. 1951.241... Community and Direct Business Programs Loans and Grants § 1951.241 Special provision for interest rate... interest rate charged by FmHA or its successor agency under Public Law 103-354 to water and waste disposal...
Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation

DEFF Research Database (Denmark)

Vestergaard, Jørn

2012-01-01

The article focuses on the compatibility of criminal law anti-terrorism legislation in Danish law with basic principles regarding the rule of law and due process. The so-called anti-terror-packages of 2002 and 2006 involve a set of rather uncertain and wide-reaching provisions fundamentally...... challenging the principle of legality and substantially widening of the scope of criminal law. These provisions criminalize various activities more or less remote from actual or attempted terrorist acts and participation in such activities, too. The legislature has even over-implemented vari-ous legal...
Legal Policy Of Peoples Rights In Around Mining Corporate Post-Mining Activities

Directory of Open Access Journals (Sweden)

Teng Berlianty

2015-08-01

Full Text Available This study aims to gain an understanding of the essence of the rights of communities around post-mining corporate responsibility towards the fulfillment of the rights of communities around post-mining as well as government policies to protect the sustainability of the post-mining communities around the mining business. This type of research is a normative legal research methods using primary legal materials secondary and tertiary. With the approach of sociolegal through down the field in Gebe to get data concrete. Data were analyzed with qualitative analysis. The results showed that the essence of the rights of communities around mining operations after the mine in the form of the right to a decent life welfare the right to social security in the form of employment the guarantee of free education and healthcare for the local population as well as the right to a good environment and healthy as a guarantee of the continuity of human existence and future generations. These rights have not been fully realized post-mining. Corporate responsibility in accordance with Article 74 of Law No. 40 of 2007 on the fulfillment of the rights of communities around mining operations after the mine in the form of welfare responsibilities clothing food and shelter especially electricity and water have not been met then the social responsibility to empower communities around the mine as stakeholders as well as environmental responsibility. Legal policy such as the empowerment of communities around the mine in order to be self-sufficient after the post-mining public service policies in education and health as a form of existence of government using existing programs nationally and subordinate to the PT. Antam. as well as environmental protection policies in the form of post-mining reclamation formulated in the companys liabilities.
Carbon Sequestration on Surface Mine Lands

Energy Technology Data Exchange (ETDEWEB)

Donald Graves; Christopher Barton; Richard Sweigard; Richard Warner; Carmen Agouridis

2006-03-31

Since the implementation of the federal Surface Mining Control and Reclamation Act of 1977 (SMCRA) in May of 1978, many opportunities have been lost for the reforestation of surface mines in the eastern United States. Research has shown that excessive compaction of spoil material in the backfilling and grading process is the biggest impediment to the establishment of productive forests as a post-mining land use (Ashby, 1998, Burger et al., 1994, Graves et al., 2000). Stability of mine sites was a prominent concern among regulators and mine operators in the years immediately following the implementation of SMCRA. These concerns resulted in the highly compacted, flatly graded, and consequently unproductive spoils of the early post-SMCRA era. However, there is nothing in the regulations that requires mine sites to be overly compacted as long as stability is achieved. It has been cultural barriers and not regulatory barriers that have contributed to the failure of reforestation efforts under the federal law over the past 27 years. Efforts to change the perception that the federal law and regulations impede effective reforestation techniques and interfere with bond release must be implemented. Demonstration of techniques that lead to the successful reforestation of surface mines is one such method that can be used to change perceptions and protect the forest ecosystems that were indigenous to these areas prior to mining. The University of Kentucky initiated a large-scale reforestation effort to address regulatory and cultural impediments to forest reclamation in 2003. During the three years of this project 383,000 trees were planted on over 556 acres in different physiographic areas of Kentucky (Table 1, Figure 1). Species used for the project were similar to those that existed on the sites before mining was initiated (Table 2). A monitoring program was undertaken to evaluate growth and survival of the planted species as a function of spoil characteristics and
Towards a sustainable mining law: geothermal, CO2 capture and geological storage?

International Nuclear Information System (INIS)

Lanoy, Laurence

2013-01-01

The author comments how the French mining code has been able to adapt itself to the development of new techniques such as geothermal power, CO 2 capture and storage in a context of environmental concerns. She comments how the mining code evolved towards a new concept of soil use and valorisation in relationship with the development of these techniques, and how the mining code has thus become a new actor in the field of renewable energies. Its reform is briefly discussed
Intended and unintended consequences of abortion law reform: perspectives of abortion experts in Victoria, Australia.

Science.gov (United States)

Keogh, L A; Newton, D; Bayly, C; McNamee, K; Hardiman, A; Webster, A; Bismark, M

2017-01-01

In Victoria, Australia, abortion was decriminalised in October 2008, bringing the law in line with clinical practice and community attitudes. We describe how experts in abortion service provision perceived the intent and subsequent impact of the 2008 Victorian abortion law reform. Experts in abortion provision in Victoria were recruited for a qualitative semi-structured interview about the 2008 law reform and its perceived impact, until saturation was reached. Nineteen experts from a range of health care settings and geographic locations were interviewed in 2014/2015. Thematic analysis was conducted to summarise participants' views. Abortion law reform, while a positive event, was perceived to have changed little about the provision of abortion. The views of participants can be categorised into: (1) goals that law reform was intended to address and that have been achieved; (2) intent or hopes of law reform that have not been achieved; (3) unintended consequences; (4) coincidences; and (5) unfinished business. All agreed that law reform had repositioned abortion as a health rather than legal issue, had shifted the power in decision making from doctors to women, and had increased clarity and safety for doctors. However, all described outstanding concerns; limited public provision of surgical abortion; reduced access to abortion after 20 weeks; ongoing stigma; lack of a state-wide strategy for equitable abortion provision; and an unsustainable workforce. Law reform, while positive, has failed to address a number of significant issues in abortion service provision, and may have even resulted in a 'lull' in action. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.
Regulating Mining in South Africa and Zimbabwe: Communities, the Environment and Perpetual Exploitation

Directory of Open Access Journals (Sweden)

Tumai Murombo

2013-06-01

Full Text Available Mining as an extractive activity has the potential to promote sustainable economic growth in developing countries; however this largely depends on how the activities are regulated. Mining contributes to environmental pollution and degradation, and the social degeneration of local communities. Corporate social responsibility initiatives are often self-serving short-term programs that in the long term do not benefit mining communities. In this article, the mining, environment and community trilemma is investigated through the lens of what is happening in South Africa and Zimbabwe. It is argued that continued calls for nationalisation and indigenisation are the sequel of the failure of postcolonial mineral law and policy reforms. Regulatory continuity from colonial laws has seen mining companies continue to treat mineral rich developing countries as sources of raw materials. Little is done to develop the communities impacted by mining activities. Recommendations are made on how mining can support sustainable development without creating a cycle of poverty within mining communities. This can happen through effective regulation embedded within sustainable development, transparency and accountability and equitable access to mineral wealth.
Whose forests, whose voices? Mining and com- munity-based ...

African Journals Online (AJOL)

socio - environmental impact assessment of the mining proj-. - environmental impact ..... species identified were primarily used for energy provision, construction materials .... of a wave of foreign large scale land acquisitions over the last.
The implications of alcohol intoxication and the Uniform Policy Provision Law on trauma centers; a national trauma data bank analysis of minimally injured patients.

Science.gov (United States)

O'Keeffe, Terence; Shafi, Shahid; Sperry, Jason L; Gentilello, Larry M

2009-02-01

Alcohol intoxication may confound the initial assessment of trauma patients, resulting in increased use of diagnostic and therapeutic procedures, thereby increasing hospital costs. The Uniform Policy Provision Law (UPPL) exists in many states and allows insurance companies to deny payment for medical treatment for alcohol-related injuries. If intoxication increases resource utilization, these denials compound the financial burden of alcohol use on trauma centers. We hypothesized that patients injured while under the influence of alcohol require more diagnostic tests, procedures, and hospital admissions, leading to higher hospital charges. The National Trauma Databank (2000-2004) was analyzed to identify adult trauma patients (age > or = 16 years) who were discharged alive, had a length of stay laws that penalize trauma centers for identifying intoxicated patients should be repealed in states where they exist.
Reviewing the National Courts in Creating Orderly International Law and Community

Directory of Open Access Journals (Sweden)

Johanis Leatemia

2017-08-01

Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.
the meaning of the provision of the 1996 constitution | Venter ...

African Journals Online (AJOL)

The introduction of this notion in South African law and its meaning in general is ... be it of a private or public law nature, can escape the test of constitutionality. ... to international authorities and definitions of these concepts are developed. ... The Constitutional Court has determined that, although no express provision to this ...
Interzones of Law and Metaphysics

DEFF Research Database (Denmark)

Mossin, Christiane

The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

Interzones of Law and Metaphysics

DEFF Research Database (Denmark)

Mossin, Christiane

between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics......The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...
Uranium mining and heap leaching in India and related safety measures - A case study of Jajawal mines

International Nuclear Information System (INIS)

Saxena, V.P.; Verma, S.C.

2001-01-01

Exploration and exploitation of uranium involves drilling, mining, milling and extraction processes including heap leaching in some cases. At the exploration stage, the country's laws related to statutory environmental clearance covering forest and sanctuaries or Coastal Regulatory Zones (CRZ) are equally applicable for atomic minerals. At the developmental mining or commercial exploitation stage in addition to the environmental impact assessment, the provisions of Atomic Energy (working of Mines, Minerals and handling of Prescribed Substances) Rules 1984 are also to be followed which covers radiation monitoring, pollution control and other safety measures which are enforced by licensing authorities and the Atomic Energy Regulatory Board (AERB) of India. In India, Jaduguda, Bhatin, Narwapahar in Singhbhum Thrust Belt (STB), Asthota and Khiya in Siwaliks, Domiasiat in Cretaceous sandstones, Bodal and Jajawal in Precambrian crystallines, are some of the centres where mining has been carried out up to various underground levels. Substantial amount of dust and radon gas are generated during mining and milling operations. Though uranium mining is considered as hazardous for contamination by radionuclides, it is observed that many non-uranium mines have registered up to 100 mWL radon concentration, e.g. copper mines in STB area show up to 900 mewl in a few cases. Compared to this the Uranium mines in India have not shown any increase over the limits prescribed by AERB. Specific problems associated with mining include release of radon and other radioactive pollutants like Th-230, Ra-226, Pb-210 and Po-210, substantial dust generation, ground water contamination, proximity of population to working mines and environmental surveillance. These problems are adequately handled by periodical monitoring of various radiological parameters such as radon daughter working level, long lived alpha activity and concentration of radionuclides in gaseous, liquid and solid medium. Pre
40 CFR 146.2 - Law authorizing these regulations.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 22 2010-07-01 2010-07-01 false Law authorizing these regulations. 146.2 Section 146.2 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS (CONTINUED) UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS General Provisions § 146.2 Law...
Environmental impact statement law and environmental impact statement administration regulation

International Nuclear Information System (INIS)

Feldmann, F.J.

1991-01-01

The contribution does not deal with the question - as might be suggested by the heading - that the execution of the environmental impact statement law might be uncertain if there are no further accompanying legal transformatory acts. Putting the environmental impact statements into action is concerned in partiuclar with procedural provisions regarding the Federal Act on Protection against Nuisances and the Atomic Energy Act. The author deals with aspects of the environmental impact statement law and the state-of-the-art achieved so far. He also deals with legislative intent, with further points of putting the law into practice, i.e. the information requirements in the administrative provisions and the integrating aspect, the amalgamating aspect, the requirements made on the state of the environment, and the significance of administrative provisions. Also treated are legal procedures in the Federal Laender and on an international level. (RST) [de
13 CFR 120.554 - Conflict of laws.

Science.gov (United States)

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Conflict of laws. 120.554 Section 120.554 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION BUSINESS LOANS Servicing... Conflict of laws. In the event of a conflict between the homestead provisions at §§ 120.550 through 120.553...
75 FR 71668 - Cibota National Forest, Mount Taylor Ranger District, NM, Roca Honda Mine

Science.gov (United States)

2010-11-24

... develop and conduct underground uranium mining operations on their mining claims on and near Jesus Mesa in... open to mineral entry under the General Mining Law of 1872. Section 16 is State of New Mexico land, which is not subject to the regulatory jurisdiction of the Forest Service. Roca Honda proposes a mine...
Evaluating Women’s Labour in 1990s Japan: The Changing Labour Standards Law

Directory of Open Access Journals (Sweden)

Kirsti Rawstron

2011-01-01

Full Text Available This article outlines the legislative changes regarding Japanese working women in the 1990s, specifically the changes to the Labour Standards Law. This Law was altered in 1997 (effective 1999 by the removal of a number of provisions known as the Women’s ‘Protection’ Provisions (josei hogo kitei. These gender-specific provisions restricted Japanese women from working particular jobs and hours, and limited overtime and holiday work. The role of these gender-specific provisions is examined through a collection of articles from four of Japan’s mainstream daily, widely-circulated newspapers: the Asahi Shinbun, the Mainichi Shinbun, the Nihon Keizai Shinbun, and the Yomiuri Shinbun. These newspapers were of the opinion that the provisions were simultaneously protective and restrictive towards women. The newspapers all supported the removal of the provisions in order to increase equality in Japan’s workforce and society. However, all presented strong concerns that Japanese society was unable to support these changes. This article situates the law reform within the wider context of 1990s Japan, by tracing the links between labour legislation and socio-cultural issues in Japan, particularly the low fertility rate. This article closes with an evaluation of changes within Japanese society and working habits since the removal of the provisions.
The Treaty of Maastricht and energy law

International Nuclear Information System (INIS)

Tettinger, P.J.; Pielow, J.C.

1994-01-01

In December 1993 a German-Spanish colloquy on topical questions of community law as well as national and supra-national energy law was held at the Institute of Mining and Energy Law at Bochum. Discussions centered around the constitutional issues surrounding the treaty establishing the European Union of 7th February 1992, which came into force on 1st November 1993, and its implications for the national regulatory systems in the energy economy. Against this background the most recent developments in energy law and energy policy in Spain and the Federal Republic of Germany were described. (orig./HP) [de
Constitutional Court's Review and the Future of Water Law in Indonesia

Directory of Open Access Journals (Sweden)

Mohamad Mova Al'Afghani

2006-06-01

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

DEFF Research Database (Denmark)

Citi, Manuele; Jensen, Mads Dagnis

, the paper utilises an automated text analysis approach to measure the ambiguity of Treaty provisions on a number of indicators. Empirically, the analysis demonstrates a significant association between the indicators of article ambiguity and the number of laws and court rulings. It thus provides support...
New law on extension of liability for nuclear obligations unconstitutional

International Nuclear Information System (INIS)

Posser, Herbert

2015-01-01

The provisions of the draft law are highly relevant with regard to fundamental rights and do not stand up to the required proportionality scrutiny. The following fundamental rights are affected: Article 14 (1), (2) GG (German Basic Law): guaranteed right to property; Article 12 (1) GG: freedom of occupation; Article 9 (1) GG: freedom of association; Article 2 (1) GG: general freedom of action; Article 3 (1) GG: equality before the law. In view of the German system of contingency reserves, which is tried and tested in practice and which has been working for 40 years without objections or failure, the envisaged provisions are not necessary, to begin with. If the draft law such as it is today became actual legislation, this would evidently be contrary to the constitution.
Sustainable gold mining management waste policy in Romania

Science.gov (United States)

Tudor, Elena; Filipciuc, Constantina

2016-04-01

Sustainable mining practices and consistent implementation of the mining for the closure planning approach, within an improved legislative framework, create conditions for the development of creative, profitable, environmentally-sound and socially-responsible management and reuse of mine lands. According to the World Commission on Environment and Development definition, sustainable development is the type of development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Romania has the largest gold reserves in Europe (760 million tons of gold-silver ores, of which 40 million tons in 68 gold deposits in the Apuseni Mountains. New mining projects draw particular attention regarding the environmental risks they cause. Rehabilitation is an ongoing consideration throughout the mine's lifecycle, both from a technical and a financial standpoint. The costs of land rehabilitation are classified as the mine's operating costs. According to Directive 2004/35/EC on environmental liability, the prevention and remedying of environmental damage should be implemented by applying the "polluter pays" principle, in line with the principle of sustainable development. Directive on the management of waste from extractive industries and amending Directive obliges operators to provide (and periodically adjust in size) a financial guarantee for waste facility maintenance and post-closure site restoration, including land rehabilitation. According to the Romanian Mining Law, the license holder has the following obligations related to land use and protection: to provide environmental agreements as one of the prerequisites for a building permit; to regularly update the mine closure plan; to set up and maintain the financial guarantee for environmental rehabilitation; and to execute and finalize the environmental rehabilitation of affected land in the mining site, according to the mine closure plan, including the post
Criminal law aspects of assisted human reproduction in Serbia

Directory of Open Access Journals (Sweden)

Samardžić Stefan

2013-01-01

Full Text Available Numerous shortcomings of the Law on Infertility Treatment by Biomedically Assisted Fertilization culminate in provisions defining criminal offences. A question is raised regarding the possibility and results of the application of such criminal provisions due to the legislative technique used in the process of their creation, language, qualified forms of the offences, span of criminal sanctions, as well as having in mind the overlapping of such criminal offences with some of the misdemeanors punishable by the same Law. A possibility to provide for a criminal law protection in this highly sensitive area is put into question due to a very courageous action of the legislator reflected in the attempt to introduce criminal offences, punishable by long prison sentences.
The Goettingen nuclear law catalogue 1976. Pt. B: bibliography - sources

International Nuclear Information System (INIS)

Zieger, G.; Bauer, G.; Bischof, W.; Pelzer, N.

1976-01-01

In volume 26, the bibliography covering domestic and foreign publications on atomic energy law is continued. 2,930 publications are cited on: bibliographies, collections of texts, treatises, handbooks, commentaries, reference, books and dictionaries, concept of atomic energy law, organization, radiation protection and reactor safety, liability and insurance, licence and control, nuclear fuels, other radioactive substances and wastes, nuclear installations, nuclear ships, transport, investions and information, economic law, criminal law, mining law, research, training, documentation, environmental protection, and other special subjects. (orig./LN) [de
Coal mine subsidence

International Nuclear Information System (INIS)

Darmody, R.G.; Hetzler, R.T.; Simmons, F.W.

1992-01-01

Longwall coal mining in southern Illinois occurs beneath some of the best agricultural land in the U.S. This region is characterized by highly productive, nearly level, and somewhat poorly drained soils. Subsidence from longwall mining causes changes in surface topography which alters surface and subsurface hydrology. These changes can adversely affect agricultural land by creating wet or ponded areas that can be deleterious to crop production. While most subsided areas show little impact from subsidence, some areas experience total crop failure. Coal companies are required by law to mitigate subsidence damage to cropland. The objective of this paper is to test the effectiveness of mitigation in restoring grain yields to their pre-mined levels. The research was conducted on sites selected to represent conventional mitigation techniques on the predominate soils in the area. Corn (Zea mays L.) and soybean [Glycine max.(L.) Merr] yields in 1988, 1989, 1990, and 1991 from mitigated areas were compared to yields from nearby undisturbed areas
Public international law and civil law liability for compensation for damages by virtue of international environmental law

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de
A study on the environmental and safety problems and their remediation around mining areas

Energy Technology Data Exchange (ETDEWEB)

Min, Jeong Sik; Cheong, Young Wook; Lee, Hyun Joo; Lee, Dong Nam [Korea Institute of Geology Mining and Materials, Taejon (Korea, Republic of)

1997-12-01

This study was carried out to investigate the problems such as mine drainage, mine wastes, subsidence and existence of facilities at the abandoned metallic mines and to evaluate the reactor system for acid mine drainage treatment in the field. According to the field investigation, the remediation was necessary for abandoned mines such as the Taechang, the Imcheon, the Kubong, the Cheongyang, the Cheonbo(Jungyang), the Seojeom, the Kuryong and the Ilkwang mines. Comparing analytical data with soil environmental reservation law, main components to contaminate soil environment in the vicinity of the abandoned mining areas, were As, Cd, Pb and cyanide. Results of chemical analysis for mine drainage showed that As Cd, Cu, Mn, Zn, Cr{sup 6+}, Fe and pH were major pollutants to the water environment and over level of discharge, water quality environment reservation law. The reactor with cow manure removed the metals such as Fe, Cu, Zn, Cd, Pb and Al by 100%. It was evaluated that the metal removal in the reactor was due to sulfate reduction and hydrolysis. In addition, acid mine drainage was neutralized to over pH 5 during 100 days. (author). 12 refs., 25 tabs., 23 figs.
Law of partial reform of the Organic Law of the Central Administration, 11 December 1986.

Science.gov (United States)

1988-01-01

This document contains the provisions of Venezuela's 1986 Law of Partial Reform of the Organic Law of the Central Administration which sets out the activities of the newly created Ministry of the Family. The duties of the Ministry include protecting the family as a basic cell of society, protecting marriage, facilitating the acquisition of decent housing, formulating and directing state family policy, creating a General Plan for Social Development and Protection for the family, coordinating public sector programs directed towards the family, promoting the decentralization of family programs, formulating and promoting plans and programs to assist the family, advising in the creation of family-related public documents, overseeing the enforcement of legal provisions, conducting research and collecting data on family problems, promoting and executing training programs for family service personnel, and encouraging the formation of private sector programs to benefit the family.
Criminal Sanction for Users of Pornographic Content on Internet Sites: A Pornographic Law Perspecive

Directory of Open Access Journals (Sweden)

Ferry Irawan Febriansyah

2018-05-01

Full Text Available Inside the internet, information becomes something very important and really life. Mobility is so fast and can be downloaded, produced, and then uploaded again. The internet network is one of the most popular information sources today. Many internet users access pornographic websites because these pornographic websites supported by the development of rapid internet. The purpose of this study is to review Pornographic Law related to cyberporn. This criminal act is called Cyberporn. Given the enormous impact that is caused by the act of pornography, especially on the internet site, the government legalized the bill against pornography into pornography law with clear criminal provisions. This research method using normative law research method, with a normative juridical approach related to pornography. In relation to this type of research is a normative legal research, then the source of legal material used is the legislation. In accordance with this type of research, the analysis used is a normative juridical analysis that relies on the ability of legal argumentation, legal interpretation, and legal reasoning related to criminal provisions in pornography law. From the results of research have found that criminal provisions in the law number 44 of 2008 on pornography is quite clear that everyone who access on porn sites on the internet threatened with criminal sanctions. Juridically, criminal provisions in pornography law provide legal certainty is quite clear.
The legal aspects of the research and mining in the Brazilian law

International Nuclear Information System (INIS)

Godinho, T.M.

1982-01-01

The mining system main principles and concepts in Brazilian Legislation are presented, with description of the legislation that disciplines the activities of mineral research and mining emphasizing the special rules that guide the tasks of explotation, production and use of nuclear minerals and other minerals related to the nuclear area. (A.L.) [pt

Public consent for mining: An industry viewpoint

International Nuclear Information System (INIS)

Zelms, J.L.

1990-01-01

The predominance of the mining industry was never intentionally destructive to the environment. Even when laws and regulations were far more relaxed than they are today, our operations were conducted professionally, But when change came, mining companies took a noncooperative attitude. We knew that we were the mining experts and that regulators or lawmakers were not. And it became accepted in our industry to stonewall change -- not to work with regulators and lawmakers but to resist change. This same attitude spilled over into attitudes with the media. Reporters were percieved as the enemy and many felt the press misrepresented their views. So we didn't work with the media unless we absolutely had to. In the process, industry did not participate in establishing guidelines and criteria for environmental regulation. Business ceded the environmental agenda to others and we have ended up with laws that forced billions of dollars of expenditures without ensuring that those expenditures had maximum impact on environmental problems. New rules are written by people less knowledgeable about the industry, consequently they cost more than they should and may not even have the desired result. Companies end up spending more than if they had addressed the problem themselves originally. It is no longer enough merely to be mining professionals. Today, it's only a threshold requirement for enduring success. We will best earn public consent to operate by anticipating what society will expect of us and by working to meet those expectations. We must set our own public policy before they become law or regulation and before we are branded as nonresponsive and noncaring
Procedural law problems with the construction of installations (plants) for the final storage of radioactive materials

International Nuclear Information System (INIS)

Hoppe, W.; Bunse, B.

1984-01-01

The underground exploration of the salt-mine Gorleben has to be permitted according to sec. 126 para. 3, 51 et seq. Federal Mining Act. There is, however, no need for carrying out a nuclear law procedure for the official approval of the plan because the construction of the exploration mine does not represent the construction of a final storage facility. The operation of exploration measures does not create legally relevant prejudices for procedures of the official approval of the plan according to Atomic Energy Law. (HP) [de
Financial conditions of the Dutch Mining Law. How easy can it be?

International Nuclear Information System (INIS)

Nan, W.R.M.

2003-01-01

In this article the financial conditions as they apply under the Mining Act as from 2003 are summarised. From a public finance point of view the financial consequences of this legislation in comparison to the previous legislation would be neutral as the reduced income would be balanced by increasing activities in the Netherlands and on the Netherlands part of the Continental Shelf. Royalty is abolished for offshore activities, and state participation no longer exclusively applies to production but can be requested during the exploration stages as well. The basis for profit share levy is much more linked to the corporate income tax result on a 'ring fenced' basis. Although an abolishment of profit share would have been a welcome improvement of the Mining climate, the Mining Act 2003 still is in many ways an improvement in comparison to the diversified previous systems. For the industry it is important that, also under the Mining Act the stability of the financial regime remains a cornerstone of Dutch financial politics [nl
Juridical consequences of liberalization. Part 2. Natural Gas Law and reorganization of the gas utility

International Nuclear Information System (INIS)

De Rijke, M.; Kuipers, D.P.; Koster, W.; Geertsma, M.M.

2000-01-01

The liberalization of the natural gas market in Europe has all kinds of juridical aspects. Not only with respect to new legislation (Natural Gas Law and Mining Law), but also changes in juridical structures of natural gas companies, caused by privatization or splitting up in a mains management company and a distribution company. In a series of articles lawyers of the Energy Working Group of Houthoff Buruma in The Hague, Netherlands, discuss the developments at the natural gas market. In this first part, attention will be paid to actual developments with respect to the new Natural Gas Law and the Mining Law in the Netherlands
48 CFR 252.222-7002 - Compliance with local labor laws (overseas).

Science.gov (United States)

2010-10-01

... labor laws (overseas). 252.222-7002 Section 252.222-7002 Federal Acquisition Regulations System DEFENSE... CLAUSES Text of Provisions And Clauses 252.222-7002 Compliance with local labor laws (overseas). As prescribed in 222.7201(a), use the following clause: Compliance with Local Labor Laws (Overseas) (JUN 1997...
48 CFR 52.233-4 - Applicable Law for Breach of Contract Claim.

Science.gov (United States)

2010-10-01

... Provisions and Clauses 52.233-4 Applicable Law for Breach of Contract Claim. As prescribed in 33.215(b), insert the following clause: Applicable Law for Breach of Contract Claim (OCT 2004) United States law... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Applicable Law for Breach...
Rights, Equality, Educational Provisions and Facilities for Students with Disabilities in Thailand: Legal and Practical Perspectives over the Past Decade

Directory of Open Access Journals (Sweden)

Chomanad Cheausuwantavee

2012-06-01

Full Text Available This review aims to critically examine the present status of educational provisions and facilities for students with disabilities in Thailand, in accordance with the enforcement of various laws over the past decade (1992-2008. The legal essence of laws such as the Constitution of The Kingdom of Thailand 1997, the Rehabilitation of Disabled Persons Act 1991, and the National Education Act 1999, was typologically compared to actual situations, in terms of educational provisions and facilities, by reviewing a total of 25 research papers.The findings showed that there had been no further educational provisions and facilities for students with disabilities, despite indications within the laws. There are discrepancies between legislations and practices due to the ineffectiveness of law enforcement, and the negative attitudes of service providers and society towards students with disabilities. Therefore, positive attitudes of stakeholders have to be promoted, alongside the new laws.
Environmental considerations related to mining of nonfuel minerals

Science.gov (United States)

Seal, Robert R.; Piatak, Nadine M.; Kimball, Bryn E.; Hammarstrom, Jane M.; Schulz, Klaus J.; DeYoung,, John H.; Seal, Robert R.; Bradley, Dwight C.

2017-12-19

Throughout most of human history, environmental stewardship during mining has not been a priority partly because of the lack of applicable laws and regulations and partly because of ignorance about the effects that mining can have on the environment. In the United States, the National Environmental Policy Act of 1969, in conjunction with related laws, codified a more modern approach to mining, including the responsibility for environmental stewardship, and provided a framework for incorporating environmental protection into mine planning. Today, similar frameworks are in place in the other developed countries of the world, and international mining companies generally follow similar procedures wherever they work in the world. The regulatory guidance has fostered an international effort among all stakeholders to identify best practices for environmental stewardship.The modern approach to mining using best practices involves the following: (a) establishment of a pre-mining baseline from which to monitor environmental effects during mining and help establish geologically reasonable closure goals; (b) identification of environmental risks related to mining through standardized approaches; and (c) formulation of an environmental closure plan before the start of mining. A key aspect of identifying the environmental risks and mitigating those risks is understanding how the risks vary from one deposit type to another—a concept that forms the basis for geoenvironmental mineral-deposit models.Accompanying the quest for best practices is the goal of making mining sustainable into the future. Sustainable mine development is generally considered to be development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs. The concept extends beyond the availability of nonrenewable mineral commodities and includes the environmental and social effects of mine development.Global population growth, meanwhile, has
30 CFR 931.13 - Preemption of New Mexico laws and regulations.

Science.gov (United States)

2010-07-01

... following provisions of New Mexico law and regulation are hereby preempted and superseded as they may apply... Conservation Act (17-2-37 to 17-2-46 NMSA 1978) to the extent it is inconsistent with provisions of SMCRA...
Law society breaches competition rules over financial regulation training for conveyancers

OpenAIRE

Johnson, D.

2017-01-01

The article considers the impact of a competition law ruling against the Law Society of England and Wales. \\ud \\ud The Law Society was found to have breached UK competition law rules in relation to its provision of anti-money laundering and mortgage fraud training courses to law firms. The Law Society made it a condition of membership of its Quality Conveyancing Scheme that all law firm members must only receive this training from the Law Society. A competing provider of legal training course...
17 CFR 200.735-3 - General provisions.

Science.gov (United States)

2010-04-01

... by law or regulation (including the provisions of this subpart), which would result in or might... section do not prohibit members and employees from the following: (i) The acceptance of food and refreshments, not lavish in kind, offered free in the course of a meeting or other group function, not...
Dividends Provisions in Croatian Double Taxation Agreements

Directory of Open Access Journals (Sweden)

Marjeta Tomulić Vehovec

2007-03-01

Full Text Available This paper analyzes the provisions concerning dividends in the double taxation avoidance agreements concluded by the Republic of Croatia. Since the base for taxation is necessarily laid down in domestic law, Croatian legislation is examined as well. The author primarily discusses dividends provisions in four agreements signed with Germany, Austria, Switzerland and Slovenia, in addition to analyzing the differences from and similarities with the OECD Model Convention. Second, the paper briefly explains the methods for eliminating double taxation on income from dividends. Finally, it addresses the changes necessary for accession to the European Union.
The Role of Sharia Judges in Indonesia: Between the Common Law and the Civil Law Systems

OpenAIRE

Alfitri, Alfitri

2017-01-01

This article seeks to analyse the role of Religious Courts' (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in ...
Health and Safety Assessment in Lakhra Coal Mines and Its Mitigation Measures

Directory of Open Access Journals (Sweden)

Sallahuddin Panhwar

2017-04-01

Full Text Available The coal mine excavation, transportation and coal cutting process are involved in hazards and risks that can result in fatalities, injuries and diseases, if these are not properly managed. This study has been undertaken for assessment of the safety and health issues amongst the mines workers. Convenience sampling technique was exercised upon 97 mine workers and interviewed with the help of set questionnaire. Personnel protection to workplace environment was monitored by using physical observation and scientific analysis. All parameters were measured against national and international protocols pertaining to labor law at coal mines. It has been determined that very high risk was persisting while mine excavation, coal cutting and transportation processes. Previous record of last five years was suggesting that 04 deaths happened due to roof fall, 03 fatalities occurred through suffocation by inhaling toxic gases, one causality happened via rope haulage pulley, and also one death due to stone fall down from mine shaft. 121 workers injured in different kinds of accidents within five years. It has been learnt from in-depth analysis that maximum of health risk and subsequent health damages are triggering due to lack of awareness, non-compliance of labor as well as mines laws. Thus, it is recommended that government should not allow coal mining contractors and companies, those which are failing in compliance with the suggested standards.
Mining Act 1968-1983 with regulations and an index (compiled to 1 January, 1984)

Energy Technology Data Exchange (ETDEWEB)

1984-01-01

This consolidation of the Queensland Mining Act covers the Mining Act 1968 - 1983, Mining Act Amendment Act 1971 (No.2) No.82: Mining Act Amendment Act 1980, No.13: Mining Acts Amendment Act of 1929, 20 Geo. 5 of No.35: Regulations. The Act is arranged in 13 parts. Part I. Preliminary; II. Meaning of Terms; III. Mining districts and mining fields; IV. Authorities conferring rights to mine and prospect - Division I. Miner's right; IA. Mining claim; II. Authority to prospect; III. Mining Lease; IV. Compensation for damage caused by mining on Crown land; V. Caveats: Part V. Mining on reserves, residence areas and business areas; Part VI. Constructions and carriage through, over, or under alien land; VII. Sludge abatement; VIII. Royalties; IX. Administration - Division I. Appointment of officers; II. Wardens courts; III. Special powers of wardens and wardens courts; IV. Appeals from wardens courts: Part X. General Provisions; XI. Regulations; XII. Mining on private land; XIII. Rights independent of this Act preserved: Schedule.
Coal Mine Health and Safety Regulation 2006 under the Coal Mine Health and Safety Act 2002

Energy Technology Data Exchange (ETDEWEB)

NONE

2006-12-22

The aim of the Act is to secure the health, safety and welfare of people in connection with coal operations (which include all places of work where coal is mined and certain other places). The Regulation contains provisions about the following matters: (a) places of work to which the Act does not apply, (b) duties relating to health, welfare and safety at coal operations, including the following: (i) the nomination of the operator of a coal operation and the provision of health and safety information for incoming operators, (ii) the contents of health and safety management systems for coal operations, (iii) major hazards and the contents of major hazard management plans for coal operations, (iv) duties relating to contractors, (v) the contents of management structures and emergency management systems for coal operations, escape and rescue plans and fire fighting plans and high risk activities, (c) notifications, including (i) notification of incidents, (ii) inquiries, (iii) notification of other matters to the Chief Inspector), (d) aspects of safety at coal operations, including the following: (i) controlled materials, plants and practices, (ii) coal dust explosion prevention and suppression, (iii) ventilation at coal operations, (iv) escape from coal operations, (v) the operation of transport at coal operations, (vi) surveys and certified plans, (vii) employment at coal operations, (e) the licensing of certain activities, (f) competence standards, (g) the Coal Competence Board, (h) check inspectors, (i) exemptions from provisions of this Regulation, (j) the following miscellaneous matters concerning coal mine health and safety: (i) the keeping of records and reporting, (ii) penalties, the review of decisions by the Administrative Decisions Tribunal, fees and charges, consultation, information and other miscellaneous matters, (k) savings and transitional provisions.
Nuclear Law Bulletin No. 92 - Volume 2013/2

International Nuclear Information System (INIS)

Chennoufi, F.; Pelzer, N.; Martirosyan, A.; Cook, H.; Fischer, D.; Clark, S.; Rothschild, T.; Touitou-Durand, F.; Guezou, O.; Manson, S.; Tafili, V.; Bolger, I.; Majerus, P.; Sieczak, K.; Sousa-Ferro, M.; Pospisil, M.; Skraban, A.; Portmann-Bochsler, F.; Shvytai, V.; Puig, D.; Durand, A.; Rivera, S.; Reyners, P.; Ryan-Taix, V.

2013-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides authoritative and comprehensive information on nuclear law developments. Published twice a year in both English and French, it features topical articles written by renowned legal experts, covers nuclear legislative developments worldwide and reports on relevant case law, bilateral and international agreements and regulatory activities of international organisations. The topical articles of this issue deal with: - Uranium mining and production: A legal perspective on regulating an important resource by Lisa Thiele; - Turkish nuclear legislation: Developments for a nuclear newcomer by Erinc Ercan and Horst Schneider; - Nuclear law and environmental law in the licensing of nuclear installations by Christian Raetzke
A Study on regeneration cases with industrial Heritage in mining areas of Korea

Science.gov (United States)

Cho, Seungyeoun; Ji, Sangwoo; Yim, Giljae

2017-04-01

The mining areas have to face urban decline problem in population and aging after its closing. Many mines were shut down due to changes in industrial structure through 20 century. Central and local governments has been trying to solve urban decline of abandoned mine areas by enacting special acts or introducing support programs for decades. In the year of 1995, South Korean government also enacted "Special act on the assistance to the development of abandoned mine areas" to promote the economy of abandoned mine areas that is depressed following the decline of the coal industry and to help balanced regional development and to improve the living standard of the residents in such abandoned mine areas. Local authorities has been trying to revitalize the regional economy by attracting tourism industry under the financial support and deregulation by this special law. With this background, this study analysis 13 regeneration cases which are utilizing the industrial heritage of the abandoned area in S. Korea. Despite the importance of mining, negative images of abandon mine have been engraved due to environmental destruction. Most of abandoned mines were left without any action since its closing. Early stage of abandoned mine area regeneration, such as Sabuk, Munkyong, are focusing on adjacent land not on abandoned mine. Abandoned mines were restored its original state and theme park including hotels, casinos and other tourist facilities were developed on adjacent land. Eco-trails on some granite caves such as Jungsun were opened to the public as natural resources not industrial heritage. The industrial heritage was very restricted to making museums about history of mining industry. However, there has been a significant change in perception toward reusing industrial heritage for urban regeneration in recent years. From the viewpoint of urban regeneration, abandon mine areas and its facilities are receiving attention as important regional assets as industrial heritage to
Taxation of Income from Selling Property: Changes of New Income Tax Law Draft

Directory of Open Access Journals (Sweden)

Canatay HACIKÖYLÜ

2016-12-01

Full Text Available There are provisions in Income Tax Law No. 193 and Corporate Tax Law No. 5520 on the nature and taxation of income that real and legal persons acquire from real estate sales. There have been many changes in these provisions over time, but the changes made didnt meet the needs, and they distorted the systematic structure of the Laws. For these and similar reasons, the income tax law draft has been prepared based on Income Tax Law and Corporate Tax Law. With the draft, the Income Tax Law No. 193 and the Corporate Tax Law No. 5520 will be abolished. Draft is aimed to regulate the procedures and principles regarding the income tax on the income of real persons and institutions. In this study, the current situation and the regulations of the draft will be discussed. Moreover, It will be evaluate whether the regulations in the draft law are sufficient. Suggestions will be put forth to determine and declare the real value of the property in order to achieve the intended objectives in draft.
New solutions in the juvenile criminal law in the light of the restorative justice

Directory of Open Access Journals (Sweden)

Jovašević Dragan

2007-01-01

Full Text Available New criminal legislation got into force in Serbia at the beginning of 2006. In that way, Serbia got unique Criminal Code which includes all provisions of material criminal law except provisions related to the criminal position of juveniles. System of criminal sanctions for juvenile off enders, procedure for their imposition and the way, procedure and terms for their execution are regulated by the provisions of the separate law - the Law on juvenile off enders and criminal protection of juveniles. Some of the most important novelties introduced by new juvenile criminal law are system of diversion, i.e. system of diversion orders, which aim at excluding the imposition of criminal sanctions in the cases when criminal sanction is not necessary from the perspective of crime suppression. Bearing that in mind, this paper is dedicated to forms of diversion orders as a form of measures that lead to more efficient system of restorative justice within our new juvenile criminal legislation. .

Principles of European Contract Law

DEFF Research Database (Denmark)

Lando, Ole; Beale, Hugh

This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...
45 CFR 73.735-1201 - General provisions.

Science.gov (United States)

2010-10-01

... Disciplinary Action § 73.735-1201 General provisions. (a) Violations of the regulations contained in the Part may be cause for disciplinary action which could be in addition to any penalty prescribed by law. (For a list of some offenses for which disciplinary action may be taken and “The Code of Ethics for...
Innovations in petroleum and mining licensing?

International Nuclear Information System (INIS)

Waelde, T.W.

1992-01-01

Issues are presented which could be regarded as recent innovations, relatively speaking, in petroleum and mining operations licensing practice. Six examples of such innovations are given. They are: the encouragement rather than restriction of private investment reflected in policies, legislation and the details of foreign investment arrangements; de-bureaucratisation and a declining emphasis on the role of the state in resource development; the gradual transition towards the role model of international resource companies which is damaging the nature of state owned petroleum and mining companies; greater flexibility in fiscal regimes; the introduction of and much greater emphasis upon, environment protection provisions; and finally, a possible change towards standardized bidding and bid evaluation in negotiations. (UK)
Radiation protection and the laws and regulations

International Nuclear Information System (INIS)

Takada, Takuo

1980-01-01

In hospitals and clinics, when cobalt remote irradiation apparatuses, betatrons and linear accelerators are installed, the provisions of medical and radiation injury prevention laws and other related laws and regulations must be observed. The following matters are described: the laws and regulations concerning the prevention of radiation injuries, the definitions of the therapeutical equipments, the radiation protection standards for such facilities, radiation exposure dose and permissible dose, the procedures concerning the application before usage, the responsibilities of hospitals and clinics for radiation measurement and management, and shielding and shield calculations. (J.P.N.)
The Mining Minds digital health and wellness framework.

Science.gov (United States)

Banos, Oresti; Bilal Amin, Muhammad; Ali Khan, Wajahat; Afzal, Muhammad; Hussain, Maqbool; Kang, Byeong Ho; Lee, Sungyong

2016-07-15

The provision of health and wellness care is undergoing an enormous transformation. A key element of this revolution consists in prioritizing prevention and proactivity based on the analysis of people's conducts and the empowerment of individuals in their self-management. Digital technologies are unquestionably destined to be the main engine of this change, with an increasing number of domain-specific applications and devices commercialized every year; however, there is an apparent lack of frameworks capable of orchestrating and intelligently leveraging, all the data, information and knowledge generated through these systems. This work presents Mining Minds, a novel framework that builds on the core ideas of the digital health and wellness paradigms to enable the provision of personalized support. Mining Minds embraces some of the most prominent digital technologies, ranging from Big Data and Cloud Computing to Wearables and Internet of Things, as well as modern concepts and methods, such as context-awareness, knowledge bases or analytics, to holistically and continuously investigate on people's lifestyles and provide a variety of smart coaching and support services. This paper comprehensively describes the efficient and rational combination and interoperation of these technologies and methods through Mining Minds, while meeting the essential requirements posed by a framework for personalized health and wellness support. Moreover, this work presents a realization of the key architectural components of Mining Minds, as well as various exemplary user applications and expert tools to illustrate some of the potential services supported by the proposed framework. Mining Minds constitutes an innovative holistic means to inspect human behavior and provide personalized health and wellness support. The principles behind this framework uncover new research ideas and may serve as a reference for similar initiatives.
Harmonization of social security law of Serbia with the law of European Union

Directory of Open Access Journals (Sweden)

Golubović Velizar

2011-01-01

Full Text Available In this work, the author shortly exposes Communitarian social security law and remained tasks of the harmonization of Serbian legislation in this field. Recently some amendments of legislation were made in order to strengthen principles of gender equality and prevent discrimination, to regulate employment of persons with disability, as well as to install supervision in Institutions for occupational retirement. Regarding the compulsory social insurance in Serbia it may be concluded that there exists a high degree of compliance with the EU legislation, with an exception of privileged mode of entitlement for old age and disability pensions for women and partial disability caused by work injury where it is necessary to conclude agreements on social security with 10 EU states members. On the other side, occupational retirement provision is partially incompatible with Communitarian social security law, i.e. with Directive 2003/41/EC in the field of technical provision, as well as with Directive 113/2004/EU regarding the obligation of equation of the life expectancy for both sexes.
Reforming China’s Criminal Procedure Law

OpenAIRE

Winckler, Hugo

2014-01-01

Sources:- Wang Jianxun, “The provisions of the reform of criminal procedural law legalising secret investigations are a step backwards,” Caijing wang, 5 September 2011.- Chen Youxi, “The legalisation of secret investigations is an important violation of political integrity,” Zhongguo wangluo dianshitai – CNTV web site, Opinion section, 27 November 2011.- Wu Zhehua, “Chen Weidong discusses reform of the criminal procedure law: Behind each article there is a story,” Zhongguoguangbo wang, 8 Marc...
Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

Directory of Open Access Journals (Sweden)

Valentina Rucker

2014-01-01

Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.
Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

Directory of Open Access Journals (Sweden)

Valentina Rucker

2015-02-01

Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.
Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

International Nuclear Information System (INIS)

Lohse, S.; Doerner, E.

1992-01-01

The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de
The law of radiation protection in the member states of the European Community. Vol. 2

International Nuclear Information System (INIS)

Bischof, W.; Pelzer, N.

1983-01-01

After a first publication concerning the law of radiation protection in the Benelux Countries in volume II the law of radiation protection in the Federal Republic of Germany is represented. The investigation which compares the different laws discusses not only the substantive bases and repercussions of the provisions of radiation protection; the commission furthermore is interested to examine to what extent it was successful to bring the national provisions of radiation protection into one line with each other on the basis of the fundamental standards of Euratom. Apart from a comprehensive discussion of the provisions of radiation protection and of the organization of radiation protection critical annotations are made to some topics. The volume consists of the following chapters: development, fundamentals, principles and definitions, organization of radiation protection, nuclear installations, radioactive substances and waste, protection and population and environment, internal radiation protection, medical supervision, radiation on foodstuffs and radiopharmaca, legal provisions governing fines and penalties. (orig./HSCH) [de
The Impact of Company-Level ART Provision to a Mining Workforce in South Africa: A Cost-Benefit Analysis.

Directory of Open Access Journals (Sweden)

Gesine Meyer-Rath

2015-09-01

Full Text Available HIV impacts heavily on the operating costs of companies in sub-Saharan Africa, with many companies now providing antiretroviral therapy (ART programmes in the workplace. A full cost-benefit analysis of workplace ART provision has not been conducted using primary data. We developed a dynamic health-state transition model to estimate the economic impact of HIV and the cost-benefit of ART provision in a mining company in South Africa between 2003 and 2022.A dynamic health-state transition model, called the Workplace Impact Model (WIM, was parameterised with workplace data on workforce size, composition, turnover, HIV incidence, and CD4 cell count development. Bottom-up cost analyses from the employer perspective supplied data on inpatient and outpatient resource utilisation and the costs of absenteeism and replacement of sick workers. The model was fitted to workforce HIV prevalence and separation data while incorporating parameter uncertainty; univariate sensitivity analyses were used to assess the robustness of the model findings. As ART coverage increases from 10% to 97% of eligible employees, increases in survival and retention of HIV-positive employees and associated reductions in absenteeism and benefit payments lead to cost savings compared to a scenario of no treatment provision, with the annual cost of HIV to the company decreasing by 5% (90% credibility interval [CrI] 2%-8% and the mean cost per HIV-positive employee decreasing by 14% (90% CrI 7%-19% by 2022. This translates into an average saving of US$950,215 (90% CrI US$220,879-US$1.6 million per year; 80% of these cost savings are due to reductions in benefit payments and inpatient care costs. Although findings are sensitive to assumptions regarding incidence and absenteeism, ART is cost-saving under considerable parameter uncertainty and in all tested scenarios, including when prevalence is reduced to 1%-except when no benefits were paid out to employees leaving the workforce and
The Impact of Company-Level ART Provision to a Mining Workforce in South Africa: A Cost-Benefit Analysis.

Science.gov (United States)

Meyer-Rath, Gesine; Pienaar, Jan; Brink, Brian; van Zyl, Andrew; Muirhead, Debbie; Grant, Alison; Churchyard, Gavin; Watts, Charlotte; Vickerman, Peter

2015-09-01

HIV impacts heavily on the operating costs of companies in sub-Saharan Africa, with many companies now providing antiretroviral therapy (ART) programmes in the workplace. A full cost-benefit analysis of workplace ART provision has not been conducted using primary data. We developed a dynamic health-state transition model to estimate the economic impact of HIV and the cost-benefit of ART provision in a mining company in South Africa between 2003 and 2022. A dynamic health-state transition model, called the Workplace Impact Model (WIM), was parameterised with workplace data on workforce size, composition, turnover, HIV incidence, and CD4 cell count development. Bottom-up cost analyses from the employer perspective supplied data on inpatient and outpatient resource utilisation and the costs of absenteeism and replacement of sick workers. The model was fitted to workforce HIV prevalence and separation data while incorporating parameter uncertainty; univariate sensitivity analyses were used to assess the robustness of the model findings. As ART coverage increases from 10% to 97% of eligible employees, increases in survival and retention of HIV-positive employees and associated reductions in absenteeism and benefit payments lead to cost savings compared to a scenario of no treatment provision, with the annual cost of HIV to the company decreasing by 5% (90% credibility interval [CrI] 2%-8%) and the mean cost per HIV-positive employee decreasing by 14% (90% CrI 7%-19%) by 2022. This translates into an average saving of US$950,215 (90% CrI US$220,879-US$1.6 million) per year; 80% of these cost savings are due to reductions in benefit payments and inpatient care costs. Although findings are sensitive to assumptions regarding incidence and absenteeism, ART is cost-saving under considerable parameter uncertainty and in all tested scenarios, including when prevalence is reduced to 1%-except when no benefits were paid out to employees leaving the workforce and when absenteeism
30 CFR 925.12 - State program provisions and amendments disapproved.

Science.gov (United States)

2010-07-01

... land use. (c) The definitions of “coal processing plant” and “coal preparation plant” at 10 CSR 40-8... § 925.12 State program provisions and amendments disapproved. (a) The amendment at 10 CSR 40-4.030(4)(A... mining activities. (b) The amendment at 10 CSR 40-4.030(4)(B), submitted on December 14 and 18, 1987, is...
Inequalities in the Provision of Paediatric Speech and Language Therapy Services across London Boroughs

Science.gov (United States)

Pring, Tim

2016-01-01

Background: The inverse-care law suggests that fewer healthcare resources are available in deprived areas where health needs are greatest. Aims: To examine the provision of paediatric speech and language services across London boroughs and to relate provision to the level of deprivation of the boroughs. Methods & Procedures: Information on the…
The Impact of the Lisbon Treaty on EU Competition Law: A Review of Recent Case Law of the EU Courts

OpenAIRE

Ben Van Rompuy

2011-01-01

Since the Lisbon Treaty came into force on December 1, 2009, there has been no Treaty provision proclaiming adherence to the principle of undistorted competition. Ben Van Rompuy (Georgetown Univ. Law Center)
Prehospital Emergencies in Illegal Gold Mining Sites in French Guiana.

Science.gov (United States)

Egmann, Gérald; Tattevin, Pierre; Palancade, Renaud; Nacher, Matthieu

2018-03-01

Illegal gold mining is flourishing in French Guiana, existing outside the law due to both the high cost of gold mining permits and the challenges of law enforcement within the Amazon forest. We report the characteristics of, and the medical responses to, medical emergencies in illegal gold mining sites. We performed a retrospective study of all medical emergencies reported from illegal gold mining sites to the centralized call office of SAMU 973 from 1998 through 2000 and from 2008 through 2010. According to the national health care system, any medical emergency within the territory is handled by the prehospital emergency medical service (SAMU 973), irrespective of the patients' legal status. Data were extracted from the SAMU 973 notebook registry (1998-2000) or the SAMU 973 computerized database (2008-2010) and werre collected using a standardized questionnaire. Of 71,932 calls for medical emergencies in French Guiana during the study periods, 340 (0.5%) originated from illegal gold mining sites. Of these, 196 (58%) led to medical evacuation by helicopter, whereas the overall rate of evacuation by helicopter after placing a call to SAMU 973 was only 4% (3020/71,932; PAmazon forest mostly include infectious diseases, followed by trauma, and often require medical evacuation by helicopter. Our study suggests that implementation of preventive medicine within gold mining sites, irrespective of their legal status, could be cost-effective and reduce morbidity. Copyright © 2017 Wilderness Medical Society. Published by Elsevier Inc. All rights reserved.
Handbook on German-Russian energy law; Handbuch zum deutsch-russischen Energierecht

Energy Technology Data Exchange (ETDEWEB)

Saecker, Franz Juergen (ed.) [Freie Univ. Berlin (Germany)

2010-07-01

The handbook under consideration offers a comparative presentation of the energy law in Russia and in the Federal Republic of Germany and would like to promote an approach of the energy legal regulations of the two states and the European Union. The handbook covers the entire legal problems from the exploration over the production and transport from energy resources up to the processing and consumption. The handbook considers not only the energy economy law, the energy antitrust law, the energy contractual law and the energy environment law, but also refers to the atomic law and the mining law in the presentation of the energy right.
Dyslexia Laws in the USA

Science.gov (United States)

Youman, Martha; Mather, Nancy

2013-01-01

Throughout the various states of the USA, the appropriate identification of dyslexia and the timely provision of interventions are characterized by variability and inconsistency. Several states have recognized the existence of this disorder and the well-established need for services. These states have taken proactive steps to implement laws and…
Organization of radiation inspection for strip-mining development for ores with elevated content of natural radionuclides on the Karazhyra coal mine

International Nuclear Information System (INIS)

Lukashenko, S.N.; Subbotin, S.B.; Ajdarkhanov, A.O.; Medvedev, P.P.

2003-01-01

Due to existence of anomalous areas of ores with elevated content of natural radionuclides on the Karazhyra coal mine the project of its selective development was implemented. The project provides a set of measures on radiation safety. In the present paper the order of radiological operations organization and performance are shown, and methodical provision of these works is considered. Results of the preliminary radiological examination of the area, fulfilment the measures on mine works technology radiological safety, and strip-mining ores deposition are analyzed. The evaluations of natural radionuclides content with taking into account its influence on personnel during works fulfilment are made. The results of soil samples analysis are presented in the graphical form. The suggestions and recommendations on radiation monitoring improvement on the area are given

Need-Based Educational Aid Act of 2015 (Public Law 114-44)

Science.gov (United States)

US Congress, 2015

2015-01-01

The Need-Based Educational Aid Act of 2015 (Public Law 114-44) was put in place to improve and reauthorize provisions relating to the application of the antitrust laws to the award of need-based educational aid. The contents for this Act is as follows: (1) Short Title; and (2) Extension Relating to the Application of the Antitrust Laws to the…
Labour Law Patrimonial Liabilities. General Aspects

Directory of Open Access Journals (Sweden)

Georgiana COVRIG

2014-06-01

Full Text Available The damages under labour law are assessed according to special legal provisions and in the absence of such regulations, civil law regulations must be applied in relation to the prices at the time at which the agreement of will was made or the damaged person may bring the action before the court. In the case of goods’ damage, the damage assessment is done in all cases taking into account the real degree of wear of the asset.
CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

Directory of Open Access Journals (Sweden)

ROXANA-MARIANA POPESCU

2012-05-01

Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.
Organic Law Of Judicial Guarantees And Constitutional Control

Directory of Open Access Journals (Sweden)

Ernesto López Freire

2013-01-01

Full Text Available This paper demonstrates the various unconstitutional and fallacies of the Organic Law of Judicial guarantees and Constitutional Control. For that, there will be a comprehensive collation between the mentioned law and the Constitution of the Republic of Ecuador and force. Through this analysis shows a lack of knowledge of Ecuadorian law or legal science by their authors. This study elucidated, inter alia, the inconsistencies in matters relating to the interpretation of constitutional provisions, full compensation, material and integral; challenge administrative acts, judicial unit.
48 CFR 52.250-1 - Indemnification Under Public Law 85-804.

Science.gov (United States)

2010-10-01

... caused by willful misconduct or lack of good faith on the part of any of the Contractor's principal... Public Law 85-804. 52.250-1 Section 52.250-1 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION (CONTINUED) CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text of Provisions and...
Three comments on the combination of public law and private law principles in the new legislation governing radioactive waste management

International Nuclear Information System (INIS)

Handrlica, Jakub

2017-01-01

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

Science.gov (United States)

Costich, Julia Field

2012-01-01

Background and objectives: The evaluation of public health law requires reliable accounts of underlying statutes and regulations. States often enact public health-related statutes with nonuniform provisions, and variation in the structure of state legal codes can foster inaccuracy in evaluating the impact of specific categories of law. The optimal…
Positioning for a positive future: Cigar Lake mine starts production

International Nuclear Information System (INIS)

Gitzel, Tim

2014-01-01

This presentation includes forward-looking information or forward-looking statements under Canadian and U.S. securities laws, including our expectations regarding future world electricity consumption, the number of net new reactors we expect to be built, our expectations regarding future uranium supply and demand, our future uranium production targets and forecasts, and our forecasts relating to mining, mine life, production, development and other activities
Intelligent Mining Engineering Systems in the Structure of Industry 4.0

Directory of Open Access Journals (Sweden)

Rylnikova Marina

2017-01-01

Full Text Available The solution of the problem of improving the human environment and working conditions at mines is based on the provision of the rationale of parameters and conditions for the implementation of an environmentally balanced cycle of comprehensive development of mineral deposits on the basis of the design of mining engineering systems characterized by the minimization of the human factor effect in danger zones of mining operations. In this area, robotized technologies are being developed, machinery and mechanisms with the elements of artificial intelligence, and mining and transport system automatic controls are being put into service throughout the world. In the upcoming decades, mining machines and mechanisms will be virtually industrial robots. The article presents the results of zoning of open-pit and underground mine production areas, as well as mining engineering system of combined development depending on the fact and periodicity of human presence in zones of mining processes. As a surface geotechnology case study, the software structure based on a modular concept is described. The performance philosophy of mining and transport equipment with the elements of artificial intelligence is shown when it is put into service in an open pit.
Intelligent Mining Engineering Systems in the Structure of Industry 4.0

Science.gov (United States)

Rylnikova, Marina; Radchenko, Dmitriy; Klebanov, Dmitriy

2017-11-01

The solution of the problem of improving the human environment and working conditions at mines is based on the provision of the rationale of parameters and conditions for the implementation of an environmentally balanced cycle of comprehensive development of mineral deposits on the basis of the design of mining engineering systems characterized by the minimization of the human factor effect in danger zones of mining operations. In this area, robotized technologies are being developed, machinery and mechanisms with the elements of artificial intelligence, and mining and transport system automatic controls are being put into service throughout the world. In the upcoming decades, mining machines and mechanisms will be virtually industrial robots. The article presents the results of zoning of open-pit and underground mine production areas, as well as mining engineering system of combined development depending on the fact and periodicity of human presence in zones of mining processes. As a surface geotechnology case study, the software structure based on a modular concept is described. The performance philosophy of mining and transport equipment with the elements of artificial intelligence is shown when it is put into service in an open pit.
Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?
A Comparison of Legal Contexts and some Case Law of the EU and the ECHR

Directory of Open Access Journals (Sweden)

Susanne D. Burri

2013-01-01

Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.
22 CFR 72.30 - Provisions in a will or advanced directive regarding disposition of remains.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Provisions in a will or advanced directive... Decreased United States Citizen Or National § 72.30 Provisions in a will or advanced directive regarding disposition of remains. United States state law regarding advance directives, deaths and estates include...
Mining and environment

International Nuclear Information System (INIS)

Pimiento, Elkin Vargas

1998-01-01

In order to obtain the best social and environmental results from mining activities, different solutions, which involve a variety of perspectives, have been proposed. These include the worldwide perspective based in the economy globalization paradigms; the regional perspective, focused in the integration of countries; the national perspective, which emphasizes the natural assets and development options, and finally a local perspective is incorporated to account for the participation of directly affected communities. Within this framework, the mining industry is requested to develop both technological and managerial tools appropriate to evaluate, optimize and communicate the social and environmental performance and output of its related activities, mainly in the developing countries. On the other hand, the governments have been committed to implement regulatory actions, of command and control type, based on an environmental legislation in line with the above mentioned perspectives and also to use economical instruments as a mean to accomplish environmental objectives. In Colombia the direct regulation methods have been traditionally used to prevent the environmental deterioration produced by mining activities, however, since the 1991 political constitution and the law 99 of 1993, the communities' participation and economical instruments were incorporated. A historic summary of the environmental legislation in our country from the early 70's up to now, showing its implications in mining is presented. Then a favorable tendency is indicated in the environmental improvement of the national extractive industry, accomplished as a result of the implementation of new strategies to minimize the impact of mining on the environment and to improve the well being of local communities
The council of the employees in the Albanian Commercial Law

Directory of Open Access Journals (Sweden)

Diana Biba

2016-01-01

Full Text Available Law No. 9901/2008 on “Entrepreneurs and Commercial Companies”, marked a milestone in the reform of the commercial law in Albanian. Among other novelties, the Law introduced a new approach in regard to the employees and their participation in co determination. Actually, the involvement of the employees were not that unfamiliar in the former Albanian Commercial Legislation thought the social responsibility was. The Law brought in a new approach which was widely inspired from the EU Law, by establishing the Council of the Employees for any commercial company having more than 50 employees. It is true that unlike the trade unions, it is the company that bears the costs of the establishment and functioning of these councils, but besides the costs, it would mean to grant importance to the employees, as stakeholders of the corporate, by being part of the decision making process with regard to the use of special funds or actives of the company or to the allocation of the divided that the General Assembly resolves to allocate to the employees. This article will explore the legal provisions of the Law in regard to the Council of the Employees, its establishment, functioning and entitlement and how these provisions are enforced in practice from the companies in Albania.
Source index A: Federal law, without agreements under international law. As of December 31, 1994

International Nuclear Information System (INIS)

1995-01-01

The Federal Law Catalogue and relevant sources - BGBl. III - is the basis of the source index A, which from 1st January 1966 onwards publishes the sources of laws and statutes announced in the Federal Law Gazette, part I and part II, as well as in the Federal Gazette. The source index A covers the sources of all statutes and amendments since 1st January 1964. Official directives, however, are not always announced in the Federal Law Gazette, or in the promulgation section of the Federal Gazette, but rather in the official journals of the Federal Ministries, and in the announcement section of the Federal Gazette. This also applies to amendments or cancellations of directives first published in the Federal Law Gazette or in the promulgation section of the Federal Gazette. As the latter and the official journals on the ministries are not scanned for the source index A, there is no guarantee as to complete coverage of directives. Subject scope 75 covers acts and directives relating to mining, nuclear energy, electricity, gas and power supply. (orig.) [de
Long-term liablities of coal mining; Ewigkeitslasten im Kohlenbergbau

Energy Technology Data Exchange (ETDEWEB)

Frenz, Walter (ed.) [GDMB Gesellschaft der Metallurgen und Bergleute e.V., Clausthal-Zellerfeld (Germany)

2016-07-01

The closer the end of coal mining in 2018, the more the issue of groundwater re-emergence in the Ruhr area is also being considered. This is especially the case because currently the subject of restitution and liability issues in the area of contaminated sites of the peaceful use of nuclear energy is discussed. In addition, the companies concerned lost considerable value on the stock market. For this reason, the question of whether the financial provisions in the created foundation are sufficient to shoulder the expected responsibilities and measures also arises with regard to coal mining. The question is which measures are to be taken and where damages can occur. Additional impulses are given by the Meggen judgment of the BVerwG of 18.12.2014, which interpreted the responsibility of the mining companies very widely. In the Rhineland, an earthquake hit 2.4 on 22.12.2015 - probably due to a rise in groundwater around the closed opencast mine Bergheim. All these questions are included in the colloquium on economics and environmental law on 26 January 2016. This also includes experiences and problems from other federal states such as Brandenburg and Saxony. [German] Je naeher das Ende des Steinkohlenbergbaus 2018 rueckt, desto eher geraet auch die Frage des Grundwasserwiederanstiegs im Ruhrgebiet ins Blickfeld. Das gilt zumal deshalb, weil aktuell ueber Rueckstellung und Haftungsfragen im Bereich der Altlasten der friedlichen Nutzung der Kernenergie diskutiert wird. Zudem verloren die betroffenen Gesellschaften an der Boerse erheblich an Wert. Daher stellt sich auch in Bezug auf den Steinkohlenbergbau die Frage, ob die finanziellen Rueckstellungen in der geschaffenen Stiftung ausreichen, um die zu erwartenden Verantwortlichkeiten und Massnahmen schultern zu koennen. Vorgelagert ist die Frage, welche Massnahmen zu ergreifen sind und wo Schaeden auftreten koennen. Zusaetzliche Impulse bekommt diese Frage durch das Meggen-Urteil des BVerwG vom 18.12.2014, welches die
Provisions for the dismantling of nuclear facilities are sufficient

International Nuclear Information System (INIS)

Le Ngoc, B.

2016-01-01

The European Union has assessed the provisions made by the nuclear plant operators to face the future costs of dismantling. The United-Kingdom and the Netherlands are the single E.U. members to have provisions covering the whole of the expenses (respectively 100% and 94%). The figure for France is very low 33% (far below the European average of 56%). According to French authorities the provisions for the dismantling of nuclear facilities are strictly defined by law: they must be made progressively till the decommissioning and they must be composed by dedicated assets. The costs of the dismantling is regularly re-assessed for taking into account technological progress and changes in regulation. Furthermore the French system limits the period in which provisions are made to the initial operating life of the plant: mostly 40 years which is a prudent measure. In other E.U. members like Germany, the provisions are not covered by dedicated assets which might endanger the capacity of the operator to face the future costs. The progressiveness of the French systems of provision-making is fair because the dismantling costs are spread equally over the entire operating period of the facility. (A.C.)
Seismic Parameters of Mining-Induced Aftershock Sequences for Re-entry Protocol Development

Science.gov (United States)

Vallejos, Javier A.; Estay, Rodrigo A.

2018-03-01

A common characteristic of deep mines in hard rock is induced seismicity. This results from stress changes and rock failure around mining excavations. Following large seismic events, there is an increase in the levels of seismicity, which gradually decay with time. Restricting access to areas of a mine for enough time to allow this decay of seismic events is the main approach in re-entry strategies. The statistical properties of aftershock sequences can be studied with three scaling relations: (1) Gutenberg-Richter frequency magnitude, (2) the modified Omori's law (MOL) for the temporal decay, and (3) Båth's law for the magnitude of the largest aftershock. In this paper, these three scaling relations, in addition to the stochastic Reasenberg-Jones model are applied to study the characteristic parameters of 11 large magnitude mining-induced aftershock sequences in four mines in Ontario, Canada. To provide guidelines for re-entry protocol development, the dependence of the scaling relation parameters on the magnitude of the main event are studied. Some relations between the parameters and the magnitude of the main event are found. Using these relationships and the scaling relations, a space-time-magnitude re-entry protocol is developed. These findings provide a first approximation to concise and well-justified guidelines for re-entry protocol development applicable to the range of mining conditions found in Ontario, Canada.
Waste management provisions in the political focus again

International Nuclear Information System (INIS)

Heller, W.

2008-01-01

In early January 2008, before the elections to the state parliament, the Social Democratic Party (SPD) in Hesse surprisingly announced that a state government led by the SPD would launch a legal initiative right away through the Federal Council 'to do away with the indirect subsidizing of nuclear power plant operators in connection with the provisions made for nuclear waste management and in the form of extensive exemptions from adequate nuclear liability'. The practice of making waste management provisions is subjected to a detailed analysis under aspects of law, business economics, the national economy, and fiscal regulations. The outcome shows that the legal provisions, confirmed also by a ruling of the European Court of Justice of December 2007, constitute neither a concession in the sense of a government subsidy nor a competitive advantage or a tax privilege. (orig.)
Atomic energy law after the opt-out. Alive and fascinating. Report about the 14th German atomic energy law symposium 2012

International Nuclear Information System (INIS)

Leidinger, Tobias

2013-01-01

Atomic energy law remains a living, fascinating subject matter. Nearly 200 participants were convinced of this impression at the 14 th German Atomic Energy Law Symposium held in Berlin on November 19-20, 2012. Under the scientific chairmanship of Professor Dr. Martin Burgi, Ludwig Maximilian University of Munich, the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU), after an interruption of 5 years, again organized a scientific conference about practice-related topics of atomic energy and radiation protection law. Atomic energy law once again proved to be a reference area for sophisticated issues of constitutional law and administrative law above and beyond its technical confines. The agenda of the 14 th German Atomic Energy Law Symposium featured a broad spectrum of topics ranging from backfitting of nuclear power plants to European atomic energy and radiation protection law, to challenges facing national legal systems in the execution of atomic energy law, to legal issues connected with decommissioning and waste management, and on to the topical subject of finding a repository site. The 14 th German Atomic Energy Law Symposium, on the whole, again demonstrated that an open discourse between science and practice is able to furnish important contributions to the implementation of laws in a balanced way rooted in practice. Especially the contributions dealing with the independence of public authorities and their organization, the doctrine of the reservation of functions of the executive branch, and planning by laws contain additional provisions able to influence the continued development of administrative law also above and beyond atomic energy law. The BMU also referred to a decision just heard from Brussels to the effect that a new European Safety Directive would be published as early as in 2013. As a consequence of the nuclear stress tests conducted EU-wide, the Directive is to lay down provisions about transparency

Copyright law and freedom of expression in South Africa | Holland ...

African Journals Online (AJOL)

This article acknowledges the conflict between copyright law and freedom of expression right in South Africa; it recognises the tension and conflict of the fundamental rights that is evident in the two case laws discussed. The author laments the absence of copyright provisions under the Bill of Rights of the Constitution as laid ...
Considerations on post-production obligations in terms of Atomic Energy Law

International Nuclear Information System (INIS)

Rebentisch, M.

1992-01-01

The article describes and evaluates the laws concerning the decommissioning and dismantling of nuclear power plants and offers suggestions for possible new regulations. The contribution examines fundamental legal aspects, the instrumentalization of post-production obligations in terms of atomic energy laws, especially the question as to how to bring the Atomic Energy Law into accord with the Federal Emission Control Law within the realm of decommissioning laws, licences for safe confinement and dismantling of a plant, and in addition questions on making financial provisions for decommissioning. (orig./HSCH) [de
Yearbook of environmental and engineering law 1990

International Nuclear Information System (INIS)

Marburger, P.

1990-01-01

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

Science.gov (United States)

Meyer-Rath, Gesine; Pienaar, Jan; Brink, Brian; van Zyl, Andrew; Muirhead, Debbie; Grant, Alison; Churchyard, Gavin; Watts, Charlotte; Vickerman, Peter

2015-01-01

Background HIV impacts heavily on the operating costs of companies in sub-Saharan Africa, with many companies now providing antiretroviral therapy (ART) programmes in the workplace. A full cost–benefit analysis of workplace ART provision has not been conducted using primary data. We developed a dynamic health-state transition model to estimate the economic impact of HIV and the cost–benefit of ART provision in a mining company in South Africa between 2003 and 2022. Methods and Findings A dynamic health-state transition model, called the Workplace Impact Model (WIM), was parameterised with workplace data on workforce size, composition, turnover, HIV incidence, and CD4 cell count development. Bottom-up cost analyses from the employer perspective supplied data on inpatient and outpatient resource utilisation and the costs of absenteeism and replacement of sick workers. The model was fitted to workforce HIV prevalence and separation data while incorporating parameter uncertainty; univariate sensitivity analyses were used to assess the robustness of the model findings. As ART coverage increases from 10% to 97% of eligible employees, increases in survival and retention of HIV-positive employees and associated reductions in absenteeism and benefit payments lead to cost savings compared to a scenario of no treatment provision, with the annual cost of HIV to the company decreasing by 5% (90% credibility interval [CrI] 2%–8%) and the mean cost per HIV-positive employee decreasing by 14% (90% CrI 7%–19%) by 2022. This translates into an average saving of US$950,215 (90% CrI US$220,879–US$1.6 million) per year; 80% of these cost savings are due to reductions in benefit payments and inpatient care costs. Although findings are sensitive to assumptions regarding incidence and absenteeism, ART is cost-saving under considerable parameter uncertainty and in all tested scenarios, including when prevalence is reduced to 1%—except when no benefits were paid out to employees
Environmental juridical aspects of the mining legislation in Colombia

International Nuclear Information System (INIS)

Rojas Florez, Maria Teresa

2004-01-01

From the international context at the regional level, the mining activity in Colombia is subject to the execution of norms of environmental character or environmental miner that define it in some way. This norma has suffered important transformations determined by the fundamental juridical changes that especially in the last ten years they have been given so much in the environmental sector as the mining sector, as well as for the jurisprudence especially of the constitutional court on these matters. These aspects were in their majority, analyzed in a combined way for the mining and environmental authorities, in the juridical forum of the environmental national system in that the proposal of the CDMB, Corantioquia and Corpouraba, it approaches this like discussion topic, likewise the technical documents that supported the expedition of the environmental guides miner, were fed by the combined work of mining and environmental authorities. These confluence points should be fundamentally disclosed and well-known inside the mining sector as of the environmental sector in order to that, not only has clear which is at the moment the environmental mining norma effective, but rather it is also had the necessary tools to give to this normative, the interpretation and appropriate application. The different implications that it introduced the law 685 of 2001 in environmental matter, will be analyzed by the light of the jurisprudence and the new norms settled down in environmental matter, such as the Sentences C-431 2000, C-336 2000, C-339 2002 and the Ordinances 2390 of 2002, 2653 of 2003, 1180 of 2003, among other, especially in connection with topics as the contents in the Chapter III of the Law 685 of 2001 reserved, excluded and restricted areas, the topic of the environmental licenses and that of the legalization of the mining in fact, making a priori in this analysis an evaluation from the point of view of the environmental authority in connection with the efficiency and
Sewer-mining: A water reuse option supporting circular economy, public service provision and entrepreneurship.

Science.gov (United States)

Makropoulos, C; Rozos, E; Tsoukalas, I; Plevri, A; Karakatsanis, G; Karagiannidis, L; Makri, E; Lioumis, C; Noutsopoulos, C; Mamais, D; Rippis, C; Lytras, E

2018-06-15

Water scarcity, either due to increased urbanisation or climatic variability, has motivated societies to reduce pressure on water resources mainly by reducing water demand. However, this practice alone is not sufficient to guarantee the quality of life that high quality water services underpin, especially within a context of increased urbanisation. As such, the idea of water reuse has been gaining momentum for some time and has recently found a more general context within the idea of the Circular Economy. This paper is set within the context of an ongoing discussion between centralized and decentralized water reuse techniques and the investigation of trade-offs between efficiency and economic viability of reuse at different scales. Specifically, we argue for an intermediate scale of a water reuse option termed 'sewer-mining', which could be considered a reuse scheme at the neighbourhood scale. We suggest that sewer mining (a) provides a feasible alternative reuse option when the geography of the wastewater treatment plant is problematic, (b) relies on mature treatment technologies and (c) presents an opportunity for Small Medium Enterprises (SME) to be involved in the water market, securing environmental, social and economic benefits. To support this argument, we report on a pilot sewer-mining application in Athens, Greece. The pilot, integrates two subsystems: a packaged treatment unit and an information and communications technology (ICT) infrastructure. The paper reports on the pilot's overall performance and critically evaluates the potential of the sewer-mining idea to become a significant piece of the circular economy puzzle for water. Copyright © 2017 Elsevier Ltd. All rights reserved.
Internal Security Cooperation under Functional Expectations: Initial Law Enforcement Europeanization - Case of Finland and Estonia

Directory of Open Access Journals (Sweden)

Ramon Loik

2016-03-01

Full Text Available Law enforcement cooperation as a central part of the EU internal security policy to combat cross-border organised crime and terrorism needs to be more effective by adopting specific provisions and tools. This paper argues that functional expectations require removal of barriers and construction of a common security area, but sometimes better cooperation in practice does not fit, as Europeanization of law enforcement still lacks understanding of objectives, values and principles for improving international trust, consensus, sincere cooperation and effective national coordination. The level of Europeanization of law enforcement could be evaluated as based on the level of implementation of the EU provisions on police cooperation related to practical enforcement, factors promoting or hindering law enforcement and changes in discursive practices due to EU provisions and professional socialisation processes. Some aspects of observed inertia characterizes the slow process of transition or tendencies for absorption in which resilience meets the necessary degree of flexibility allowing for some mutual learning and cooperation, but the result is expectedly a form of accommodation of needful policy requirements in the lack of substantial change perspective.
38 CFR 12.20 - Posting of notice provisions of Pub. L. 382.

Science.gov (United States)

2010-07-01

... the applicant that the acceptance of care or treatment by any veteran shall constitute acceptance of.... Such notices shall be posted immediately and kept posted. (b) Since the provisions of the law are...
48 CFR 252.228-7006 - Compliance with Spanish laws and insurance.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Compliance with Spanish... CLAUSES Text of Provisions And Clauses 252.228-7006 Compliance with Spanish laws and insurance. As prescribed at 228.370(e), use the following clause: Compliance with Spanish Laws and Insurance (DEC 1998) (a...
Case law

International Nuclear Information System (INIS)

2017-01-01

This section treats of the following case laws (United States): 1 - Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4. Cir. 2017): In the United States District Court for the Western District of Virginia, the plaintiffs, a collection of uranium mining companies and owners of land containing uranium deposits, challenged a Commonwealth of Virginia moratorium on conventional uranium mining. The plaintiffs alleged that the state moratorium was preempted by federal law under the Supremacy Clause of the US Constitution.; 2 - United States v. Energy Solutions, Inc.; Rockwell Holdco, Inc.; Andrews County; Holdings, Inc.; and Waste Control Specialists, LLC. (D. Del. June 21, 2017): In 2016, the United States, acting through the US Department of Justice, commenced an action in United States District Court in Delaware seeking to enjoin the acquisition of Waste Control Specialists, LLC (WCS) and its parent company by Energy Solutions, Inc., and its parent. WCS and Energy Solutions are competitors in the market for the disposal of low-level radioactive waste (LLRW) produced by commercial generators of such material. The United States alleged that the proposed acquisition was unlawful. 3 - Cooper v. Tokyo Electric Power Company, No. 15-56426 (9. Cir. 2017): The plaintiffs are US Navy service members who were deployed off the Japanese coast as part of the US effort to provide earthquake relief after the 9.0 earthquake and tsunami that struck Japan on 11 March 2011. Plaintiffs sued alleging 'that TEPCO was negligent in operating the Fukushima Daiichi Nuclear Power Plant and in reporting the extent of the radiation leak
Radiological protection and environmental monitoring in the area of the Asse mine

International Nuclear Information System (INIS)

Meyer, H.; Mueller-Lyda, I.

1993-01-01

The personnel at the site has been monitored in accordance with the provisions of the Radiation Protection Ordinance. In addition, ambient dose, ambient dose rate, and radioactivity levels of the air in the mine have been meassured pursuant to the health physics provisions of the Radiation Protection Ordinance. None of the measured results indicated any dose received by the persons, or ambient radioactivity levels, exceeding the maximum permissible values determined for occupational exposure. Continuous monitoring of the mine off-gas has shown a minor accumulation of the nuclides. H-3, C-14, Pb-210 and of the short-lived daughter products of Rn-222 and Rn-220. The average annual emission values serving as input data, the concentration levels computed for the environment of the mine for some part have been below the levels of the naturally occurring concentrations of these nuclides. The emission-induced radiation dose measured at the least favourable place in the plant's vicinity has been far below the maximum permissible dose defined in the Radiation Protection Ordinance. All activities carried out in the Asse salt mine for the purpose of research work and storage of radioactive waste in the period under review have been contributing only a negligible amount to the radiation exposure of the population or personnel, as compared to the natural or other man-made radioactivity levels in that area. (orig.) [de
Woman in Roman law: Subject or object of the law?

Directory of Open Access Journals (Sweden)

Bogunović Mirjana

2012-01-01

Full Text Available In Rome, legal status of woman and her factual possibilities of impact on public life were in serious discrepancy. General attitude of the legal status of woman in time of Romans is best shown by Papinian, 'In many provisions of our law, the position of woman is worse than of man (D.9.1.5.'. Every free Roman woman was considered a subject of law, according to classical Roman law. Nevertheless, there were extensive legislations that limited her legal and business capacity. Naturally, woman did not have legal personality in all periods of Roman state and her legal status was adjusted to the factual changes that had occurred in Roman society. What makes her position specific in Rome is progressive social role that did not exist in Greek-Asian world. From these previously mentioned views, which were confronting, it is possible to draw some doubts. Was woman really on the margins of political happenings, or was she an actual actor, even initiator, of some political events?.
Legal instruments for groundwater protection. A systematic analysis of EU law and German federal law and state law; Rechtliche Instrumente des Grundwasserschutzes. Eine systematische Analyse des EG-, Bundes- und Landesrechts

Energy Technology Data Exchange (ETDEWEB)

Kotulla, M.

1999-07-01

In Germany, the groundwater quality is endangered by a great variety of anthropogenic activities. Although it is widely accepted that the situation calls for quick action and implementation of legal provisions for efficient, nationwide protection of this essential natural resource, the legislature so far remained disappointingly inactive. This is why the author of the study presented in this book examines existing German federal and state law as well as EU law in order to reveal the possibilities offered by those bodies of law. The author analyses the many, splintered legal provisions under public law that are applicable today in Germany in absence of a proper code of environmental law, for their capability of being applied for protection of the groundwater. The legal instruments are identified and evaluated for the given purpose, and approaches for harmonisation or maybe optimisation are elaborated. (orig./CB) [German] Das Grundwasser in der Bundesrepublik Deutschland ist von einer Vielzahl zivilisatorischer Aktivitaeten bedroht. Strategien fuer einen prinzipiell flaechendeckend wirksamen Schutz dieser Naturressource werden zwar mittlerweile allenthalben gefordert, zeigen bislang aber nicht die erhoffte Wirkung. Vor diesem Hintergrund untersucht der Autor in dieser Studie die rechtlichen Moeglichkeiten, welche die bundesdeutsche Rechtsordnung unter Einbeziehung des einschlaegigen EG-Rechts zum Schutz des Grundwassers bereithaelt. Er analysiert primaer das in den letzten dreieinhalb Jahrzehnten zu einem unueberschaubaren Konglomerat angewachsene oeffentlich-rechtliche Umweltschutzregelwerk auf seine grundwasserschuetzende Eignung. Es gilt insbesondere, die diffus und querschnittartig ueber die verschiedensten Rechtsbereiche vertreuten Instrumentarien zu ermitteln und zu bewerten sowie - wo erforderlich - zu harmonisieren oder gar zu optimieren. (orig.)
Provision of financial services, violation of public law conduct of business rules, and private law norm settinga Dutch, German, and European perspective

NARCIS (Netherlands)

Wallinga, Marnix

2014-01-01

Legal uncertainty exists with regards to the relationship between a violation of public law conduct of business rules and private law norm setting. In the area of financial services this uncertainty has led to the question whether private law duties of care can deviate from the norms pursuant to
45 CFR 211.5 - Action under State law; appointment of guardian.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 2 2010-10-01 2010-10-01 false Action under State law; appointment of guardian... Action under State law; appointment of guardian. Whenever an eligible person is incapable of giving his... appointment of a legal guardian, to ensure the proper planning for and provision of such care and treatment. ...
Radioecological challenges for mining

Energy Technology Data Exchange (ETDEWEB)

Vesterbacka, P.; Ikaeheimonen, T.K.; Solatie, D. [Radiation and Nuclear Safety Authority (Finland)

2014-07-01

In Finland, mining became popular in the mid-1990's when the mining amendments to the law made the mining activities easier for foreign companies. Also the price of the minerals rose and mining in Finland became economically profitable. Expanding mining industry brought new challenges to radiation safety aspect since radioactive substances occur in nearly all minerals. In Finnish soil and bedrock the average crystal abundance of uranium and thorium are 2.8 ppm and 10 ppm, respectively. It cannot be predicted beforehand how radionuclides behave in the mining processes which why they need to be taken into account in mining activities. Radiation and Nuclear Safety Authority (STUK) has given a national guide ST 12.1 based on the Finnish Radiation Act. The guide sets the limits for radiation doses to the public also from mining activities. In general, no measures to limit the radiation exposure are needed, if the dose from the operation liable to cause exposure to natural radiation is no greater than 0.1 mSv per year above the natural background radiation dose. If the exposure of the public may be higher than 0.1 mSv per year, the responsible party must provide STUK a plan describing the measures by which the radiation exposure is to be kept as low as is reasonably achievable. In that case the mining company responsible company has to make a radiological baseline study. The baseline study must focus on the environment that the mining activities may impact. The study describes the occurrence of natural radioactivity in the environment before any mining activities are started. The baseline study lasts usually for two to three years in natural circumstances. Based on the baseline study measurements, detailed information of the existing levels of radioactivity in the environment can be attained. Once the mining activities begin, it is important that the limits are set for the wastewater discharges to the environment and environmental surveillance in the vicinity of
On-Site Radon Detection of Mining-induced Fractures from Overlying Strata to the Surface: A Case Study of the Baoshan Coal Mine in China

Directory of Open Access Journals (Sweden)

Wei Zhang

2014-12-01

Full Text Available Large-scale longwall mining of shallow coal seams may cause mining-induced fractures that can project completely through to the surface. This could lead to a series of mine safety and environmental issues, further deteriorating the already fragile ecological environment in the Western mining areas in China. Therefore, an accurate and effective understanding of the spatiotemporal evolution law of mining-induced fractures in overlying strata and its relationship to upper aquifers is critical. In this paper, the application of the geophysical-chemical properties of radon in mining engineering is explored as a potential solution to the shortcomings of existing surveying methods. A radioactive measurement method is proposed for the detection of the development of mining-induced fractures from overlying strata to the surface in the Baoshan Coal Mine (BCM. The on-site test indicated that the first weighting step is approximately 60 m, the average periodic weighting step is approximately 20 m, and the influence coverage of the advanced abutment pressure is approximately 30 m. The presented method could be used as an indirect technical support to increase the safety of coal mining by acting as a simple, fast, and reliable method of detecting mining-induced fractures in overlying strata.
Energy Independence and Security Act of 2007: A Summary of Major Provisions

National Research Council Canada - National Science Library

Sissine, Fred

2007-01-01

The Energy Independence and Security Act (P.L. 110-140, H.R. 6) is an omnibus energy policy law that consists mainly of provisions designed to increase energy efficiency and the availability of renewable energy...
Law Enforcement of Cyber Terorism in Indonesia

Directory of Open Access Journals (Sweden)

Sri Ayu Astuti

2015-12-01

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

International Nuclear Information System (INIS)

1996-01-01

Meeting on uranium exploration, mining, and extraction is aimed to expedite information exchange among researchers from the National Atomic Energy Agency (BATAN), their international colleagues, the higher education institutions,and other interested scientific communities on the latest development on Kalan uranium minerals exploration, mining, and extraction. Nuclear Minerals Development Centre (PPBGN) roles in nuclear energy provision, the theme of the meeting, reflect current advancements of the Centre in fulfilling its major tasks and responsibilities. In order to assist PPBGN better to assume its roles and responsibilities, the meeting is expected to bring forth essential solutions for problems and difficulties relevant to PPBGN's activities. Hence, the scope of the meeting will be limited to discussion on the status of nuclear minerals exploration, mining, and extraction technologies in Indonesia as well as the related environmental and workplace safeties in uranium mining and milling. Ten technical papers were presented in meeting, including four topics on exploration status and technology, three subject matter on mining, two presentations on milling, and one paper on environmental and workplace safeties

State laws restricting driver use of mobile communications devices distracted-driving provisions, 1992-2010.

Science.gov (United States)

Ibrahim, Jennifer K; Anderson, Evan D; Burris, Scott C; Wagenaar, Alexander C

2011-06-01

State laws limiting the use of mobile communications devices (MCDs) by drivers are being enacted at an accelerating pace. Public health law research is needed to test various legislative models and guide future legal innovation. To define the current state of the law, facilitate new multi-state evaluations, and demonstrate the utility of systematic, scientific legal research methods to improve public health services research. Westlaw and Lexis-Nexis were used to create a 50-state, open-source data set of laws restricting the use of any form of MCD while operating a motor vehicle that were in effect between January 1, 1992, and November 1, 2010. Using an iterative process, the search protocol included the following terms: cellphone, cell phone, cellular phone, wireless telephone, mobile telephone, text, hands-free, cell! and text! The text and citations of each law were collected and coded across 22 variables, and a protocol and code book were developed to facilitate future public use of the data set. Thirty-nine states and the District of Columbia have at least one form of restriction on the use of MCDs in effect. The laws vary in the types of communication activities and categories of driver regulated, as well as enforcement mechanisms and punishments. No state completely bans use of MCDs by all drivers. State distracted-driving policy is diverging from evidence on the risks of MCD use by drivers. An updatable data set of laws is now available to researchers conducting multistate evaluations of the impact of laws regulating MCDs by drivers. If this data set is shown to be useful for this public health problem, similar rigorously developed and regularly updated data sets might be developed for other public health issues that are subject to legislative interventions. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.
The Abyss of Complexity. Some Remarks on European and German Law in the Migration Crisis

OpenAIRE

Sölter, Nicolas

2016-01-01

This article focusses on dysfunctions of European and German law in the face of mass migration. In particular, it reflects the German debate on the relation of domestic constitutional provisions and EU asylum law.
29 CFR 570.25 - Effect on laws other than the Federal child labor standards.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Effect on laws other than the Federal child labor standards. 570.25 Section 570.25 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION... of Age Provisions of Other Laws § 570.25 Effect on laws other than the Federal child labor standards...
Process for integrating surface drainage constraints on mine planning

Energy Technology Data Exchange (ETDEWEB)

Sawatsky, L.F; Ade, F.L.; McDonald, D.M.; Pullman, B.J. [Golder Associates Ltd., Calgary, AB (Canada)

2009-07-01

Surface drainage for mine closures must be considered during all phases of mine planning and design in order to minimize environmental impacts and reduce costs. This paper discussed methods of integrating mine drainage criteria and associated mine planning constraints into the mine planning process. Drainage constraints included stream diversions; fish compensation channels; collection receptacles for the re-use of process water; separation of closed circuit water from fresh water; and the provision of storage ponds. The geomorphic approach replicated the ability of natural channels to respond to local and regional changes in hydrology as well as channel disturbances from extreme flood events, sedimentation, debris, ice jams, and beaver activity. The approach was designed to enable a sustainable system and provide conveyance capacity for extreme floods without spillage to adjacent watersheds. Channel dimensions, bank and bed materials, sediment loads, bed material supplies and the hydrologic conditions of the analogue stream were considered. Hydrologic analyses were conducted to determine design flood flow. Channel routes, valley slopes, sinuosity, width, and depth were established. It was concluded that by incorporating the geomorphic technique, mine operators and designers can construct self-sustaining drainage systems that require little or no maintenance in the long-term. 7 refs.
48 CFR 252.222-7004 - Compliance with Spanish social security laws and regulations.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Compliance with Spanish... PROVISIONS AND CONTRACT CLAUSES Text of Provisions And Clauses 252.222-7004 Compliance with Spanish social... Spanish Social Security Laws and Regulations (JUN 1997) (a) The Contractor shall comply with all Spanish...
Stark laws and fair market value exceptions: an introduction.

Science.gov (United States)

Siebrasse, Paul B

2007-01-01

This article will focus on one aspect of complexity in modern healthcare, namely the implications of Stark laws and other fraud and abuse provisions, including anti-kickback statutes and HIPAA. Also, this article explores the prevalence of fair market value as an exception in the Stark laws and discusses the meanings of those exceptions. Finally, the article explores basic approaches to assessing fair market value, including cost, income, and marketing approaches.
How can the criminal law support the provision of quality in healthcare?

Science.gov (United States)

Yeung, Karen; Horder, Jeremy

2014-06-01

The egregious failings in patient safety at Mid Staffordshire NHS Foundation Trust between 2005 and 2009 identified by Sir Robert Francis QC in his public inquiry prompted him to recommend the introduction of a new criminal offence into English law in circumstances where a patient dies or is seriously harmed by a breach of fundamental standards. The authors evaluate whether, from the perspective of fairness and justice, a new criminal offence in this context is necessary and desirable. The authors considered the basic principles and functions of the criminal law and compared them with the principles and functions of the civil law. They then identify two primary tasks for the criminal law to perform in healthcare settings: (a) to establish primary duties to patients consisting of appropriately graded offences targeted at conduct that harms patients or unjustifiably poses risks to patients, and (b) to establish secondary duties to patients, consisting of offences aimed at punishing and deterring instances in which healthcare management and workers undermine the goals of regulation by lying or giving misleading information to regulatory officials or by obstructing their work. The authors focus on the first of these functions, identifying the scope of existing regulatory schemes that may give rise to criminal liability in English law when applied to healthcare contexts to identify whether a new criminal offence is needed. A gap in the existing regime of criminal liability is identified, and it is this gap which a new criminal offence seeks to fill. The authors suggest how such an offence should be structured, drawing primarily upon foundational principles of criminal liability. It is suggested that a new general offence of wilfully neglecting or ill-treating a patient that can be committed by any healthcare organisation or worker (appropriately defined) is warranted. The criminal law has an important role to play in the healthcare context. Its central function is not
The legal and regulatory framework relative to safety and environment in the uranium mines in Niger

International Nuclear Information System (INIS)

Mahamane, S.

2001-01-01

The mining sector holds an important position in Niger economy. Considerable funds have been invested for the promotion, exploration and exploitation of mineral resources since the colonial period. This has resulted in the discovery of numerous deposits among which are those of uranium. Today, uranium represents more than 3/4 of Niger export revenues. The mining sector is supervised by the Ministry of Mines and Energy. The Ministry applies the mining policy as defined by the government. It elaborates legislative and regulatory texts and sees to their implementation. Regarding uranium, mining activities have been governed since 1961 by various orientation laws and implementation decrees. However, to face up to the harmful consequences on national economy of successive drops of price and sales of its major export product, and taking into account the new international requirements relating to economy globalization and sustainable development, Niger set up a diversification strategy of its mining productions as part of which a new mining code particularly incentive has been established in 1993. The new mining code provides significant advantages to investors. These advantages insure them a great cost effectiveness of their investments in Niger and easy and less onerous respect of regulations regarding safety and protection of environment. Tremendous efforts have been, thus, provided by the IAEA, the Ministry of Mines and Energy and the uranium companies for an optimal protection of workers and the public, especially against the hazards of ionizing radiations. This will to improve the situation has resulted in the adoption of several laws and their application decrees as well as various sectorial laws designed by various Ministry departments concerned with environmental issues and risks prevention. Among these texts are the renewal of the order No 31 M/MH which has defined since 1979 the main axis of the Niger regulations as regards to radioprotection and the design of
Privacy of genetic information: a review of the laws in the United States.

Science.gov (United States)

Fuller, B; Ip, M

2001-01-01

This paper examines the privacy of genetic information and the laws in the United States designed to protect genetic privacy. While all 50 states have laws protecting the privacy of health information, there are many states that have additional laws that carve out additional protections specifically for genetic information. The majority of the individual states have enacted legislation to protect individuals from discrimination on the basis of genetic information, and most of this legislation also has provisions to protect the privacy of genetic information. On the Federal level, there has been no antidiscrimination or genetic privacy legislation. Secretary Donna Shalala of the Department of Health and Human Services has issued proposed regulations to protect the privacy of individually identifiable health information. These regulations encompass individually identifiable health information and do not make specific provisions for genetic information. The variety of laws regarding genetic privacy, some found in statutes to protect health information and some found in statutes to prevent genetic discrimination, presents challenges to those charged with administering and executing these laws.
Colombia’s Victims Law and the Liability of Corporations for Human Rights Violations

Directory of Open Access Journals (Sweden)

Lina M. Céspedes-Báez

2012-06-01

Full Text Available In 2011, after four years of lobbying and political wrangling,Colombia approved Law 1448, commonly knownas the Victims Law. Its aims are broad: to be the comprehensivebody of law to address civilian populationclaims related to the armed conflict, and therefore toinclude the necessary legal reforms to restore the rule oflaw through the enforcement of victims’ rights. Currently,government, civil society and scholars are focused on themajor issues of the Law, specifically land restitution andassistance for victims. However, this new body of Law,with its 208 provisions, is broader than that, and a closereview of its articles is urgently needed. One little-studiedand apparently forgotten provision is Article 46, whichappears to put in place a specific directive to enhancethe prosecution of juridical persons for violations ofhuman rights and international humanitarian law inthe context of the Colombian armed conflict. However,a thorough analysis of its wording and history revealsthat Article 46 is incapable of establishing links betweenbusinesses and human rights and humanitarian lawviolations in Colombia. This article specifically examines the scope and shortcomings of Article 46, and sets forth some possible solutionsthat require further investigation to fill the lacuna that already exist in the countryin this subject.
Risk-based environmental assessment for uranium mines – some Canadian and Australian experience

International Nuclear Information System (INIS)

Phaneuf, M.; Woods, P.; McKee, M.

2014-01-01

The uranium producing countries of Canada and Australia have independently developed regulatory frameworks emphasising the importance of human health and ecological risk assessments as core tools for ensuring protection of the environment and public. The value of such an approach is presented as well as practical lessons learned through recent applications of this regulatory model. In May 2000, the Canadian Atomic Energy Control Act was replaced by the Nuclear Safety and Control Act (NSCA). This law created the Canadian Nuclear Safety Commission, whose mission is to protect the health, safety and security of persons and the environment; and to implement Canada’s international commitments on the peaceful use of nuclear energy. From an environmental perspective, the new law added a requirement for the protection of the environment and non-human biota, and a responsibility over hazardous substances in addition to nuclear ones. The NSCA requires the prevention of unreasonable risk to, and adequate provision for the protection of, the environment and the health and safety of the public. It was decided that environmental and public protection would recognize the principles of pollution prevention and ALARA, and that it would be risk based. For Class 1 facilities and uranium mines and mills, Ecological and Human Health Risk Assessments are the core of both the Environmental Assessment process and the licensing process under the Nuclear Safety and Control Act. The Ecological Risk Assessment informs the Effluent and Environmental Monitoring Programs with the resultant monitoring data used to reinforce the risk assessments on a cyclical basis throughout the lifespan of the facility. A number of standards and regulatory documents have been completed supporting this environmental protection framework. In this presentation, a case study is used to illustrate the use of ERA for decision making. In the last decade or so in Australia uranium mining proposals normally require
Recent developments in 1985 in the field of atomic energy law and radiation protection law

International Nuclear Information System (INIS)

Ziegler, E.

1986-01-01

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

International Nuclear Information System (INIS)

Fourie, A.B.; Green, R.W.

1993-01-01

An investigation of the potential damage to underground coal workings as a result of surface blasting at an opencast coal mine is described. Seismometers were installed in a worked out area of an underground mine, in the eastern Transvaal region of South Africa, and the vibration caused by nearby surface blasting recorded. These measurements were used to derive peak particle velocities. These velocities were correlated with observed damage underground in order to establish the allowable combination of the two blasting parameters of charge mass per relay, and blast-to-gage point distance. An upper limit of 110mm/sec peak particle velocity was found to be sufficient to ensure that the damage to the particular workings under consideration was minimal. It was further found that a cube-root scaling law provided a better fit to the field data than the common square-root law. 11 refs., 6 figs., 5 tabs
Optimal Rather than Mandatory EU Company Law

NARCIS (Netherlands)

Hertig, G.; McCahery, J.A.

2006-01-01

A significant debate rages within the EU about whether to give firms the choice to opt in or out of corporate law provisions. Both sides agree that more flexibility and adaptability of legal rules to business needs is crucial. Nevertheless, and not surprisingly, many still view EU mandatory
NOTES ON ARBITRABILITY UNDER ETHIOPIAN LAW Introduction ...

African Journals Online (AJOL)

eliasn

highlight the conceptual underpinnings of arbitrability in general and its treatment under Ethiopian ... not arbitrable under the law of the country where enforcement is sought.”3. ♧ .... general contract provisions concerning arbitration. When parties .... principle that “anything that is not prohibited is presumed to be permitted”,.
Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

Directory of Open Access Journals (Sweden)

Marieta SAFTA

2012-06-01

Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.
Law concerning water and nuclear power station licensing

International Nuclear Information System (INIS)

Anon.

1985-01-01

The competent water authority, within the purview of the legal provisions concerning water is entitled to define a maximum of radioactive contamination of cooling water taken from and re-fed into the Rhine river, and is entitled to make such limit form part of the permit granted to a nuclear power station (here: Biblis B reactor). This right is not overruled by sections 45, 46 of the Rad. Protection Ordinance which determine dose limits (among others also for radioactivity released through waste water), and which state the competent licensing authority under atomic energy law to be entitled to set higher or lower limits by discretion. The provisions of sections 45 ff Rad. Prot. Ordinance are to be interpreted to mean that since the competent authority in accordance with section 46, sub-sections (2) and (5) Rad. Prot. Ordinance is given the right to define maximum acceptable radioactivity release through water discharge, it many also define the lowest limit of contamination and is hence entitled to declare discharged cooling water not to fall under atomic energy law, but rather under the law relating to water management. (orig.) [de
29 CFR 825.702 - Interaction with Federal and State anti-discrimination laws.

Science.gov (United States)

2010-07-01

..., therefore, not an “eligible” employee under FMLA) may not be denied maternity leave if the employer normally..., DEPARTMENT OF LABOR OTHER LAWS THE FAMILY AND MEDICAL LEAVE ACT OF 1993 Effect of Other Laws, Employer... under that act. Thus, the leave provisions of the [FMLA] are wholly distinct from the reasonable...
The Protection of Consumer’s Rights and the Application of Criminal Law in the Unlawful Operation of Services and Content Service Application

Directory of Open Access Journals (Sweden)

Edmon Makarim

2012-05-01

Full Text Available Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counterproductive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.
THE OIL AND MINING CONCESSION IN EUROPEAN PERSPECTIVE

Directory of Open Access Journals (Sweden)

Cătălina Georgeta Dinu

2013-11-01

Full Text Available The importance of invoking national interest and dispute over natural resources has increased in direct proportion to the growing importance of these resources and decrease inversely with quantity. A dull but intense battle at this point characterizes natural resource, especially of oil and mining of precious metals. Therefore, we can say that the power exerted on natural resources establishes a hierarchy of states of the world economic power and living standards of the population. Use of natural resources as an effective weapon in the economic consolidation became state policy and the expansion of exploration and exploitation in foreign lands development of complex regulations imposed internationally. Therefore, a thorough study of this field involves an analytical perspective of all dimensions outlined in legislative terms, starting from the history and evolution of the Romanian legislation observation of foreign law - specific states with relevant impact on the exploitation of natural resources - and presenting characteristic of European law and international law. We analyze if both oil and mining concession concession covered by Directive 2004/17/EC and if we can identify a subset of works concession. We detail our study if this concession is a public works concession, according to the recognition of the public interest as the determining criterion administrative and membership contracts.

EuGH: Innocuousness of the nuclear fuel tax according to the European community law

International Nuclear Information System (INIS)

Anon.

2015-01-01

The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.
Order no 000062/MME/DAAF from June 15, 2009 provides for the creation, attributions and organization of Regional Directions, and departmental Arlit's Direction of the Ministry of Mines and Energy

International Nuclear Information System (INIS)

Mohamed, Abdoullahi

2009-01-01

This order provides for the creation, attributions and organization of Regional Directorates, and departmental Arlit's Directorate of the Ministry of Mines and Energy. It is created Regionale Directorates of Mines and Energy into each of the following places of region: Agadez, DIFFA, Dosso, Maradi, Niamey, TAHOUA, TILLABERI and ZINDER, and a Departmental Directorate of Mines and the Energy at Arlit. Each Regional Directorate is constituted of five divisions: Division of Geology, Division of Mines, Division of Energy, Division of Administration and Financial Matters, Documentation and Archives, and a division of Small Scale Operations Minieres and Careers. Regional Directorates are responsible for monitoring and control of the provisions of the Mining Code, the petroleum code and the code of the electricity and the application of all regulatory provisions relating to the sector of Mines and Energy. The Departemental Directorate includes: a service of the Geology, a service of Energy, Mines service, and service of a Small Scale Operations Minieres and Careers. [fr
Constitutional collisions of criminal law

Directory of Open Access Journals (Sweden)

Sergey M. Inshakov

2016-12-01

Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.
31 CFR 359.70 - May Public Debt waive any provision in this part?

Science.gov (United States)

2010-07-01

... UNITED STATES SAVINGS BONDS, SERIES I Miscellaneous Provisions § 359.70 May Public Debt waive any... unnecessary hardship: (a) If such action would not be inconsistent with law or equity; (b) If it does not...
31 CFR 351.85 - May Public Debt waive any provision in this part?

Science.gov (United States)

2010-07-01

... UNITED STATES SAVINGS BONDS, SERIES EE Miscellaneous Provisions § 351.85 May Public Debt waive any... unnecessary hardship: (a) If such action would not be inconsistent with law or equity; (b) If it does not...
Fraying at the Edges: UK Surrogacy Law in 2015.

Science.gov (United States)

Horsey, Kirsty

2016-11-01

This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly or together, these cases serve to illustrate how the UK's law on surrogacy—in particular its provisions regarding eligibility for parental orders—is not only out of date but also becoming nonsensical. These problems culminate in an evident inability of the law to protect the best interests of children born through surrogacy and indicate strongly a need for reform.
State laws and the provision of family planning and abortion services in 1985.

Science.gov (United States)

Sollom, T; Donovan, P

1985-01-01

65 laws relating to fertility were enacted by the 49 state legislatures that held sessions in 1985. This was the largest enacted since 1973, and the 2nd largest total since. Some of the 1985 abortion laws are designed to protect abortion rights. Several states in the US took action to severely punish the perpetrators of violence against abortion clinics. Lesislation dealing with the delivery of family planning services was subjected to public funding restrictions in 1985. Attempts have been made recently on the federal level to prevent Title X recipients from being provided with information on abortion in their pregnancy counseling sessions. These actions are similar to some of the state laws attempting to reach the same end. Many states included funds for family planning in general appropriations bills. Differences among legislators regarding the right of minors to consent to reproductive health care have led to 2 patterns of response: 1) affirmation of the right of minors to receive family planning services on their own consent; or 2) laws mandating parental involvement in a minor's abortion decision. The most troubling aspect of the fertility related legislation endated in 1985 is the effort by a number of legislatures to attach restrictions on abortion counseling and referral to family planning appropriations bills. In 1985, state laws were enacted to regulate the disposal of fetal remains, to prohibit the use of fetal remains for commercial purposes and to impose criminal sanctions for causing the miscarriage of a fetus during a felony.
43 CFR 419.4 - What specific provisions govern operations of the reservoirs?

Science.gov (United States)

2010-10-01

... in the following sections of the TROA . . . Recitals, Definitions Recitals 1 through 9. Definitions (1) through (106). Satisfaction of provisions of law, general operational principles, protection of... 1.F. Administration Sections 2.A through 2.C. Accounting, reporting, forecasting, and monitoring...
Determination of internationally controlled materials according to provisions of the law for the regulations of nuclear source materials, nuclear fuel materials and reactors

International Nuclear Information System (INIS)

1981-01-01

This rule is established under the provisions of the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors, and the former notification No. 26, 1961, is hereby abolished. Internationally regulated goods under the law are as follows: nuclear raw materials, nuclear fuel materials and moderator materials transferred by sale or other means from the governments of the U.S., U.K., Canada, Australia and France or the persons under their jurisdictions according to the agreements concluded between the governments of Japan and these countries, respectively, the nuclear fuel materials recovered from these materials or produced by their usage, nuclear reactors, the facilities and heavy water transferred by sale or other means from these governments or the persons under their jurisdictions, the nuclear fuel materials produced by the usage of such reactors, facilities and heavy water, the nuclear fuel materials sold by the International Atomic Energy Agency under the contract between the Japanese government and the IAEA, the nuclear fuel materials recovered from these materials or produced by their usage, the heavy water produced by the facilities themselves transferred from the Canadian government, Canadian governmental enterprises or the persons under the jurisdiction of the Canadian government or produced by the usage of these facilities, etc. (Okada, K.)
Report on the behalf of sustainable development and land planning commission of a bill aiming at prohibiting the exploration and exploitation on non conventional hydrocarbons, at abrogating exclusive search permits for non conventional hydrocarbon mines, and to ensure more transparency in the mining code

International Nuclear Information System (INIS)

Chanteguet, J.P.

2011-01-01

In the first part of this report, the author (from the opposition party) outlines the opacity of the attribution procedure defined in the mining code for search permits, the lack of recognition of the citizen mobilization, and the inefficient and inapplicable character of the law of 2001 on the search for non conventional hydrocarbon mining sites. In the second part, the author outlines the need for an environment-friendly energy strategy, while recalling the necessity of protection of the environment when exploiting subsoils, the necessity of implementing an energy transition, and the necessity to reform the mining law. The discussion of the commission about the bill articles is reported
The use of vibration monitoring to record the blasting works impact on buildings surrounding open-pit mines

Directory of Open Access Journals (Sweden)

Sołtys Anna

2018-01-01

Full Text Available Environmental protection law and geological and mining law require the mineral mining plant to protect its surroundings from the effects of mining operations. This also applies to the negative impact of vibrations induced by blasting works on people and construction facilities. Effective protection is only possible if the level of this impact is known, therefore it is necessary to record it. The thesis formulated in this way has been and continues to be the guiding principle of the research works carried out in the AGH Laboratory of Blasting Work and Environmental Protection. As a result of these works are procedures for conducting preventive activities by open-pit mines in order to minimize the impact of blasting on facilities in the surrounding area. An important element of this activity is the monitoring of vibrations in constructions, which is a source of knowledge for excavation supervisors and engineers performing blasting works, thus contributing to raising the awareness of the responsible operation of the mining plant. Developed in the Laboratory of the Mine's Vibration Monitoring Station (KSMD, after several modernizations, it became a fully automated system for monitoring and recording the impact of blasting works on the surrounding environment. Currently, there are 30 measuring devices in 10 open-pit mines, and additional 8 devices are used to provide periodic measurement and recording services for the mines concerned.
The use of vibration monitoring to record the blasting works impact on buildings surrounding open-pit mines

Science.gov (United States)

Sołtys, Anna; Pyra, Józef; Winzer, Jan

2018-04-01

Environmental protection law and geological and mining law require the mineral mining plant to protect its surroundings from the effects of mining operations. This also applies to the negative impact of vibrations induced by blasting works on people and construction facilities. Effective protection is only possible if the level of this impact is known, therefore it is necessary to record it. The thesis formulated in this way has been and continues to be the guiding principle of the research works carried out in the AGH Laboratory of Blasting Work and Environmental Protection. As a result of these works are procedures for conducting preventive activities by open-pit mines in order to minimize the impact of blasting on facilities in the surrounding area. An important element of this activity is the monitoring of vibrations in constructions, which is a source of knowledge for excavation supervisors and engineers performing blasting works, thus contributing to raising the awareness of the responsible operation of the mining plant. Developed in the Laboratory of the Mine's Vibration Monitoring Station (KSMD), after several modernizations, it became a fully automated system for monitoring and recording the impact of blasting works on the surrounding environment. Currently, there are 30 measuring devices in 10 open-pit mines, and additional 8 devices are used to provide periodic measurement and recording services for the mines concerned.
Law no. 111/1996 on the safe deployment of nuclear activities - A law central to the Romanian nuclear law system

International Nuclear Information System (INIS)

Chiripus, Vlad-Ionut

2004-01-01

Law no. 111/1996 on the safe deployment of nuclear activities was published in its original form in the Official Gazette of Romania, Part no. 267 of 29th October 1996. The complexity of this law prevents from performing a comprehensive analysis of the legal provisions thereof for which reason the author shall review only those aspects he consider to be relevant to the issues dealt with by this law. Furthermore, as the author intends his undertaking to be a comparative analysis of Law no. 111/1996 in its successive stages - from its issue till the present - he uses mostly the present tense even though the law has been amended and in some respects the changes are quite significant. The presentation contains the following three sections: 1. Passing of Law no. 111/1996 on the safe deployment of nuclear activities - a turning point in the development of the Romanian nuclear law; 2. The successive modifications of Law no. 111/1996 on safe deployment of nuclear activities; 3. Law no. 193/2003 for the modification and completion of Law no. 111/1996 on the safe deployment of nuclear activities - a key moment in the modernization of Romanian nuclear law and harmonization with the relevant international requirement. In conclusion, the issue of Law no. 111/1996 on safe deployment of nuclear activities represents a turning point in the development of Romanian nuclear law. From this moment on one may regard it as a modern area of the Romanian law, European in spirit. The pre-existent legal framework - namely the Law no. 61/1974 on the deployment of activities in the Romanian nuclear field - was no longer up to the existing standards and its replacement by a new, modern law, fully harmonized with the European and NATO accession requirements was a must. Such a new, European law was to fully guarantee the safe deployment of nuclear activities for exclusively peaceful purposes, so that the requirements regarding the nuclear safety, protection of professionally exposed personnel
Multidisciplinary Assessment of Citizenship Approach in Modern Law and Problem of “Denaturalisation” on the Basis of Law and Communication

Directory of Open Access Journals (Sweden)

Ayhan Dolunay

2017-09-01

Full Text Available Through the provision of general definition for the concepts of “modernisation” with many dimensions and “law”1 as there is no main consensus on the doctrine, our study discussed the concept of “modern law” reached through the related impacts” and addressed the issue of “denaturalisation”, which is defined as “against the modern law system” in the field of “cizitezenship law” as one of the modern law domains covering various concepts within, and is not under the scope of European Convention on Nationality and Turkish Law, however is covered under the applicable citizenship law of the Turkish Republic of Northern Cyprus and under the new law on citizenship aiming the revision of existing law and elaborated that the related issue is not only constitute a question of law but also with another significant aspect harms the communication and relationship between state-individual and state and other states/international organizations. Consequently, our study delivered concrete proposals to eliminate/prevent the divergences caused by the relevant organisation regarding the legal, communication and other domains of social sciences.
Application of the United Nations convention on contracts for TEH international sale of goods when the rules of private international law lead to the application of the law of a contracting state

Directory of Open Access Journals (Sweden)

Jovanović Marko

2014-01-01

Full Text Available The paper examines the problems with respect to the application of the UN Sales Convention (CISG by virtue of its Article 1(1(b. To that effect, the author analyzes the legal nature of this provision, describes the prerequisites for its application and explains the relevance of different rules of private international law for the application of the CISG. A special attention is given to the effects of Article 95 reservation. The author presents arguments against a widely spread opinion that the Article 1(1(b is in itself a conflict-of-laws rule, suggests that this provision is suitable to be applied both by courts and arbitral tribunals and explains the importance of the rules on classification and renvoi for the application of the CISG. With respect to the effect of Article 95 reservation, the author gives precedence to the position of the applicable law, rather than the law of the forum, concerning this reservation.
Ministry of Industry and Energy - Decree Law No. 122/93 of 16 April

International Nuclear Information System (INIS)

1993-01-01

The Directorate for Geology and Mines was restructured into a public boy by this Decree-Law and named the Geological and Mining Institute. The Institute is placed under the authority of the Ministry of Industry and Energy and is generally responsible for the management of mineral resources, for establishing and implementing the national policy regarding extractive industries and for proposing and implementing the related regulations. (NEA)
Data mining applications in the context of casemix.

Science.gov (United States)

Koh, H C; Leong, S K

2001-07-01

In October 1999, the Singapore Government introduced casemix-based funding to public hospitals. The casemix approach to health care funding is expected to yield significant benefits, including equity and rationality in financing health care, the use of comparative casemix data for quality improvement activities, and the provision of information that enables hospitals to understand their cost behaviour and reinforces the drive for more cost-efficient services. However, there is some concern about the "quicker and sicker" syndrome (that is, the rapid discharge of patients with little regard for the quality of outcome). As it is likely that consequences of premature discharges will be reflected in the readmission data, an analysis of possible systematic patterns in readmission data can provide useful insight into the "quicker and sicker" syndrome. This paper explores potential data mining applications in the context of casemix by using readmission data as an illustration. In particular, it illustrates how data mining can be used to better understand readmission data and to detect systematic patterns, if any. From a technical perspective, data mining (which is capable of analysing complex non-linear and interaction relationships) supplements and complements traditional statistical methods in data analysis. From an applications perspective, data mining provides the technology and methodology to analyse mass volume of data to detect hidden patterns in data. Using readmission data as an illustrative data mining application, this paper explores potential data mining applications in the general casemix context.
29 CFR 2704.307 - Decision of administrative law judge.

Science.gov (United States)

2010-07-01

... 29 Labor 9 2010-07-01 2010-07-01 false Decision of administrative law judge. 2704.307 Section 2704.307 Labor Regulations Relating to Labor (Continued) FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS Procedures for Considering...
Knowledge acquisition from sources of law in public administration

NARCIS (Netherlands)

Boer, A.; van Engers, T.

2010-01-01

Knowledge acquisition from text, and sources of law in particular, is a well established technique. Text is even - certainly in the context of the Semantic Web - increasingly conceived of as a raw knowledge resource that can be mined for knowledge routinely and automatically. As experience by large
20 CFR 603.4 - What is the confidentiality requirement of Federal UC law?

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What is the confidentiality requirement of Federal UC law? 603.4 Section 603.4 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT....C. 502(a)), State law must include provision for such methods of administration as are found by the...

Overcoming the pitfalls of abandoned mine workings in the Sydney coalfield

Energy Technology Data Exchange (ETDEWEB)

Forrester, D.; Noble, B. [AECOM, Sydney, NS (Canada)

2010-07-01

Previous coal mining activities in Sydney, Nova Scotia (NS) have included the creation of shallow, unrecorded underground coal extraction sites known as bootleg pits. The sites are a public safety hazard and can also impact groundwater flow. This paper presented an outline of the remediation strategies used to mitigate the hazards associated with the bootleg pits as part of a mine site closure and reclamation program currently being completed by the Cape Breton Corporation (ECBC). The strategies included the use of sinkhole subsidence hazard maps. Long-term visual monitoring is also being used in areas associated with sinkhole development. Larger abandoned areas have been cleared, backfilled and re-graded while including provisions for the ongoing drainage of mine waters. Gas monitoring and safety procedures were also reviewed. 2 refs., 4 figs.
RENEGOTIATION MINING CONTRACT: LEGAL PARADIGM RECONSTRUCTION EFFORTS

Directory of Open Access Journals (Sweden)

Marilang -

2014-07-01

Full Text Available Renegotiation contract mining is not a priori notion that was born but is driven by the fact that empirical Work Contract (KK and coal mining concessions of the Works Agreement (Cca that are valid for this resulted in profits which are not comparable between countries with investors (domestic and foreign. In addition, Law No. 4 of 2009 about Mineral and Coal Mining (minerba through article 169 have been injected that though the mining contracts during the validity of this, still respected until the end, however, if the implementation of these contracts give rise to distortions for the national interest, then the Government must encourage the investors to do Renegotiation against existing contracts to comply with legislation minerba forever within a period of one year since the enactment of the legislation this minerba. Renegotiation mining contracts that have been approved on the fact of the matter is simply an attempt to reconstruct the ruling paradigm, so with that paradigm shift, both parties can reach the intersection for the benefit of both parties, i.e. the parties proportionately Indonesia suffered no losses on the one hand, and the benefit of the domestic and foreign investors remain in reasonable limits on the other.
Site provision planning for nuclear power plants and other large-scale projects with environmental relevance in the FRG

International Nuclear Information System (INIS)

Blumel, W.

1977-01-01

As regards conflicts in interest in connection with site planning and site decisions, the author evolves the following theses: 1) Site provision planning by the Federal Government as in Baden-Wuerttemberg and North Rhine-Westphalia; 2) clarification of the Federal Government's competences; 3) prompt and adequate participation of those concerned; 4) increased influence of the Federal Government, e.g. basic site planning by the Federal government and authority of the Federal government to issue directives (section 85 Basic Law) to the Laender regarding site provision planning; 5) solutions to the problems of citizen participation and the question of legal protection; 6) standardization of a design and hearing procedure at an early date within the area planning laws of the Federal government, the area planning laws to be open to further development. (HP) [de
Law of the cloud: on the supremacy of the user interface over copyright law

Directory of Open Access Journals (Sweden)

Primavera De Filippi

2013-07-01

Full Text Available Cloud computing technologies are commonly used for delivering content or information to users who no longer need to store this data onto their own devices. This is likely to have an important impact on the effectivity of copyright law in the context of online applications, insofar as the underlying infrastructure of the cloud is such that is allows cloud operators to control the manner in which and the extent to which users can exploit such content - regardless of whether it is protected by copyright law or it has already fallen in the public domain. This article analyses the extent to which the provisions of copyright law can potentially be bypassed by cloud computing applications whose interface is designed to regulate the access, use and reuse of online content, and how these online applications can be used to establish private regimes of regulation that often go beyond the scope of the traditional copyright regime.
40 CFR 440.140 - Applicability; description of the gold placer mine subcategory.

Science.gov (United States)

2010-07-01

... separation methods for recovering gold from placer deposits. (b) The provisions of this subpart M are not... 40 Protection of Environment 29 2010-07-01 2010-07-01 false Applicability; description of the gold... AGENCY (CONTINUED) EFFLUENT GUIDELINES AND STANDARDS ORE MINING AND DRESSING POINT SOURCE CATEGORY Gold...
Problems of the assessment of contaminated mining sites

International Nuclear Information System (INIS)

Wichterey, K.; Gehrcke, K.; Kuemmel, M.

1999-01-01

In Germany there are numerous relics of former mining activities with enhanced levels of radionuclides of the uranium/radium series. Of special importance are the relics of uranium and other non-ferrous ore mining in the three Federal States of Saxony, Thuringia and Saxony-Anhalt. The majority of these relics is situated in densely populated areas. This gives rise to the question whether measures have to be taken to protect the population from detrimental health impacts. Public concern often concentrates on radioactivity. Health impacts may, however, originate from chemically hazardous substances, too. Such substances like, for instance, arsenic, often accompany radioactive contamination in mining relics. Also, mining safety, landscape conservation and other aspects may play a significant role in the decision-making process, especially for large and complex mining sites. This is, however, outside the scope of the present paper, which is confined to the discussion of problems associated with the assessment of mining sites contaminated with both enhanced levels of naturally occurring radionuclides and chemically toxic/carcinogenic substances. Sites with mixed contaminants like mining relics may cause special problems in the assessment of hazards to human health. Different scientific approaches and historic developments led to considerable differences in existing regulations. Both, on the national and international scale efforts are made towards a harmonization. Having reviewed studies carried out in Germany we arrived at the conclusion that generation of a common risk scale for all kinds of hazards seems to be a too challenging problem to be solved within a foreseeable time scale. It is reasonable, at least in principle, to define a unified metric for carcinogenic effects of ionizing radiation and harmful chemicals. Even this needs a lot of research work as a basis for adaptations in the legal systems. What seems to be reasonable and in our opinion is much more
Southern states radiological emergency response laws and regulations

International Nuclear Information System (INIS)

1990-06-01

The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary. The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic, others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms. State-by-state breakdowns are given for specific states
Perception of the judiciary law by the law-maker

Directory of Open Access Journals (Sweden)

Valeriy V. Lazarev

2016-01-01

Full Text Available Objective to develop conceptualtheoretical provisions and scientific recommendations for the implementation of judiciary decisions in the legislation of the Russian Federation. Methods universal dialectic method of cognition as well as the general scientific and private research methods based on it. Results the necessity to analyze the fundamental precedent judicial decisions for the possible implementation of the legal positions of courts into legislative acts. The problem is not confined to the perception of provisions created by the constitutional charter courts. The paper shows the main directions of future activities on the implementation idea. The operation of the Department is shown which was created at the Institute for Legislation and Comparative Law at the Government of the Russian Federation entrusted with the relevant functions. Scientific novelty the mechanism of implementation of judiciary decisions in the Russian legislation has been developed and introduced into scientific circulation. Practical significance the findings of this paper can be used in scientific legislative and lawenforcement activities and the educational process of institutions of higher education.
International trade law perspectives on paperless trade and inclusive digital trade

OpenAIRE

Mitchell, Andrew D.; Mishra, Neha

2017-01-01

Cross-border paperless trade is increasingly important to generate economic gains in a digitalised economy. Several developing and least developed countries will need to modernise their domestic laws and regulations to facilitate cross-border electronic transmissions, particularly to promote cloud computing and electronic payments. In recent trade agreements, trading partners have committed to deeper and more comprehensive provisions on electronic commerce, including adopting domestic laws on...
Mining lore : Chinese labourers in BC's coal mines

Energy Technology Data Exchange (ETDEWEB)

Baldwin, C.

2010-09-15

This article presented a historical review of Chinese labourers in Canada's industries and how they were often exploited and treated poorly. The 1860 gold rush in British Columbia attracted the first labourers from China. More labourers followed, the majority male, to work in the coal mines around Nanaimo. More than half the employees at coal baron Robert Dunsmuir's Wellington mine on Vancouver Island were Chinese labourers who worked under conditions and wages that other miners would not accept. During a large strike at the Wellington Mine in 1883, the striking white miners were replaced with Chinese from Victoria, which contributed to a brewing anti-Chinese sentiment. The striking miners eventually withdrew their demand for higher wages, insisting only that Dunsmuir rid his mine of the Chinese. Dunsmuir refused, held out, and broke the strike. When an anti-immigration bill was passed in 1884 by the British Columbia (BC) Legislative Assembly, the Canadian government stepped in, only to hire thousands of Chinese labourers to work on the railway. Their low wages saved contractors $3 million, making construction economically feasible. However, just a few weeks after blocking BC's anti-immigration bill, the Canadian government passed a Chinese Immigration Act that would come into effect only after construction was completed. The Act restricted and regulated Chinese immigration, and imposed a head tax on any Chinese entering the country, making it unaffordable to bring a wife and family to Canada. When the railroad was completed, thousands of Chinese labourers were left unemployed with nowhere to go. In 1887, an explosion at a Nanaimo mine killed 150 employees. The miners blamed the Chinese, claiming that their lack of English made them a safety hazard. By the early 1920s, the Chinese community in Victoria formed the Chinese Benevolent Association to provide general welfare assistance and oppose discriminatory laws. In 2006, the Canadian government
Study on Load-displacement Test of Rubber Pads of Coal Mine Roadway Constructed by Shield

Science.gov (United States)

Yang, Yue; Chen, Xiaoguo; Yang, Liyun

2017-12-01

Shield method construction of coal mine roadway is the future trend of the development of deep coal mining. The main shaft supporting is the segment. There is rubber pads between segment and segment. The performance of compression deformation of rubber pad is essential for the overall stability of lining. Through load test, displacement of the rubber pad under load, the thrust force law of the rubber pad deformation, and provide a theoretical basis for the stability analysis of coal mine tunnel shield construction.
24 CFR 3500.13 - Relation to State laws.

Science.gov (United States)

2010-04-01

.... (1) The Secretary may not determine that a State law or regulation is inconsistent with any provision... affiliated business arrangements are inconsistent with RESPA or this part, the Secretary may not construe... that are inconsistent with RESPA or this part are preempted to the extent of the inconsistency. However...
Solid-Gas Coupling Model for Coal-Rock Mass Deformation and Pressure Relief Gas Flow in Protection Layer Mining

OpenAIRE

Zhu, Zhuohui; Feng, Tao; Yuan, Zhigang; Xie, Donghai; Chen, Wei

2018-01-01

The solid-gas coupling model for mining coal-rock mass deformation and pressure relief gas flow in protection layer mining is the key to determine deformation of coal-rock mass and migration law of pressure relief gas of protection layer mining in outburst coal seams. Based on the physical coupling process between coal-rock mass deformation and pressure-relief gas migration, the coupling variable of mining coal-rock mass, a part of governing equations of gas seepage field and deformation fiel...
Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

Directory of Open Access Journals (Sweden)

Mancano Leandro

2016-05-01

Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.
The Potential of Concentrated Solar Power for Remote Mine Sites in the Northern Territory, Australia

Directory of Open Access Journals (Sweden)

M. H. Baig

2015-01-01

Full Text Available The Northern Territory (NT is among the regions in Australia and the world with the highest solar radiation intensities. The NT has many mine sites which consume significant amount of fossil fuel with consequent greenhouse gas (GHG emissions. The environmental concern related to the fossil fuel consumption and availability of immense solar energy resource in the NT open the possibilities for considering the provision of power to the mining sites using proven solar technologies. Concentrating solar power (CSP systems are deemed as the potential alternatives to current fossil fuel based generating systems in mining industry in the NT. The finding is based on consideration of the major factors in determining the feasibility of CSP system installation, with particular reference to the NT mine sites. These are plant design requirements, climatic, environmental, and other requirements, and capital and operating costs. Based on these factors, four mine sites have been identified as having the potential for CSP plants installation. These are McArthur River Mine, Ranger Mine, Northern Territory Gold Mines, and Tanami Operations. Each site could be served by one CSP plant to cater for the needs of mining operation and the local communities.
Requirements on the Wismut rehabilitation project in terms of waste management and planning law

International Nuclear Information System (INIS)

Rengeling, H.W.

2003-01-01

The present paper deals with the question as to what extent the EC Directives, especially the more recent ones, and their transposition into national law entail altered requirements for the rehabilitation and management of radiologically relevant former mining sites. Its main focus is on waste management law. Furthermore, it briefly deals with questions concerning the IVU Directive in conjunction with German Federal Emission Control Law as well as with some issues concerning environmental impact assessments [de
Definition of technical risks in terms of law

International Nuclear Information System (INIS)

Rossnagel, A.

1986-01-01

The legal system has to acknowledge that complete absence of risk is unattainable. The core question of the law governing technological issues therefore is: How safe is safe enough. The law cannot entirely prohibit technical risks; all it can do is aiming at proper control of unavoidable risks, making a distribution between permissible and non-permissible risks, the consequence of this approach being that a permissible risk cannot be termed to be unlawful once it because a real event. It certainly is a difficult task to find legal rules and provisions that are so perfectly geared to the technical facts and problems that they really allow technology to be controlled, supervised and, if necessary, kept in check along the lines set by the law. The article in hand discusses some proposals as to the formulation of technical risks in terms of law in order to improve existing provisions in the body of law. As an example of what needs improvement, the author discusses the acceptance and acceptability of a hazardous activity, which, the author says, is not guaranteed by the procedure alone that is currently available, namely administrative procedure and licensing procedure. The administrative procedures are said to be insufficient and not complex enough to gather all necessary and relevant information for solving the problems involved. The proposal in the article therefore is to put the question 'How safe is safe enough' to the inhabitants of the region concerned, so that the acceptance of a hazardous activity would depend on a licence issued by the competent authority, and on the approval of the population affected, as certained by a non-compulsory administrative referendum. (orig./HSCH) [de
Radiological protection and environmental monitoring in the area of the Asse mine. Annual report 1991

International Nuclear Information System (INIS)

Meyer, H.; Mueller-Lyda, I.

1992-05-01

The personnel at the site has been monitored in accordance with the provisions of the Radiation Protection Ordinance. In addition, ambient dose, ambient dose rate, and radioactivity levels of the air in the mine have been measured pursuant to the health physics provisions of the Radiation Protection Ordinance. None of the measured results indicated any dose received by the persons, or ambient radioactivity levels, exceeding the maximum permissible values determined for occupational exposure. Continuous monitoring of the mine off-gas has shown a minor accumulation of the nuclides, H-3, C-14, Pb-210 and of the short-lived daughter products of Rn-222 and Rn-220. The average annual emission values serving as input data, the concentration levels computed for the environment of the mine for some part have been below the levels of the naturally occurring concentrations of these nuclides. The emission-induced radiation dose measured at the least favourable place in the plant's vicinity has been far below the maximum permissible dose defined in the Radiation Protection Ordinance. All activities carried out in the Asse salt mine for the purpose of research work and storage of radioactive waste in the period under review have been contributing only a negligible amount to the radiation exposure of the population or personnel, as compared to the natural or other man-made radioactivity levels in that area. (orig.) [de
Radiation protection and environmental monitoring in the area of the Asse mine. Annual report 1994

International Nuclear Information System (INIS)

Meyer, H.; Mueller-Lyda, I.

1995-01-01

The personnel at the site has been monitored in accordance with the provisions of the Radiation Protection Ordinance. In addition, ambient dose, ambient dose rate, and radioactivity levels of the air in the mine have been measured pursuant to the health physics provisions of the Radiation Protection Ordinance. None of the measured results indicated any dose received by the persons, or ambient radioactivity levels, exceeding the maximum permissible values determined for occupational exposure. Continuous monitoring of the mine off-gas has shown a minor accumulation of the nuclides. H-3, C-14, Pb-210 and of the short-lived daughter products of Rn-222 and Rn-220. The average annual emission values serving as input data, the concentration levels computed for the environment of the mine for some part have been below the levels of the naturally occurring concentrations of these nuclides. The emission-induced radiation dose measured at the least favourable place in the plant's vicinity has been far below the maximum permissible dose defined in the Radiation Protection Ordinance. All activities carried out in the Asse salt mine for the purpose of research work and storage of radioactive waste in the period under review have been contributing only a negligible amount to the radiation exposure of the population or personnel, as compared to the natural or other man-made radioactivity levels in that area. (orig.) [de
Radiological protection and environmental monitoring in the area of the Asse mine. Annual report 1990

International Nuclear Information System (INIS)

Meyer, H.; Mueller-Lyda, I.

1991-07-01

The personnel at the site has been monitored in accordance with the provisions of the Radiation Protection Ordinance. In addition, ambient dose, ambient dose rate, and radioactivity levels of the air in the mine have been measured pursuant to the health physics provisions of the Radiation Protection Ordinance. None of the measured results indicated any dose received by the persons, or ambient radioactivity levels, exceeding the maximum permissible values determined for occupational exposure. Continuous monitoring of the mine off-gas has shown a minor accumulation of the nuclides. H-3, C-14, Pb-210 and of the short-lived daughter products of Rn-222 and Rn-220. The average annual emission values serving as input data, the concentration levels computed for the environment of the mine for some part have been below the levels of the naturally occurring concentrations of these nuclides. The emission-induced radiation dose measured at the least favourable place in the plant's vicinity has been far below the maximum permissible dose defined in the Radiation Protection Ordinance. All activities carried out in the Asse salt mine for the purpose of research work and storage of radioactive waste in the period under review have been contributing only a negligible amount to the radiation exposure of the population or personnel, as compared to the natural or other man-made radioactivity levels in that area. (orig.) [de

Radiation protection and environmental monitoring in the area of the Asse mine. Annual report 1993

International Nuclear Information System (INIS)

Meyer, H.; Mueller-Lyda, I.

1994-01-01

The personnel at the site has been monitored in accordance with the provisions of the Radiation Protection Ordinance. In addition, ambient dose, ambient dose rate, and radioactivity levels of the air in the mine have been measured pursuant to the health physics provisions of the Radiation Protection Ordinance. None of the measured results indicated any dose received by the persons, or ambient radioactivity levels, exceeding the maximum permissible values determined for occupational exposure. Continuous monitoring of the mine off-gas has shown a minor accumulation of the nuclides. H-3, C-14, Pb-210 and of the short-lived daughter products of Rn-222 and Rn-220. The average annual emission values serving as input data, the concentration levels computed for the environment of the mine for some part have been below the levels of the naturally occurring concentrations of these nuclides. The emission-induced radiation dose measured at the least favourable place in the plant's vicinity has been far below the maximum permissible dose defined in the Radiation Protection Ordinance. All activities carried out in the Asse salt mine for the purpose of research work and storage of radioactive waste in the period under review have been contributing only a negligible amount to the radiation exposure of the population or personnel, as compared to the natural or other man-made radioactivity levels in that area. (orig.) [de
The 'long and winding road' of Serbian Law (back to Europe

Directory of Open Access Journals (Sweden)

Pürner Stefan

2014-01-01

Full Text Available In this article, the author analyses the development of law of the SFRJ and the contemporary Serbian Law since the 1980s up to date in selected areas of law, and examines how 'European' it has been throughout this period. In this context, the term 'European' is not to be understood in terms of harmonization with the acquis but rather as a pre-stage in this course which implies a general orientation towards continental European principles and openness towards other European states (in particular, concerning the legal provisions on foreign investment. The analysis has yielded the following conclusions: Under a 'socialist layer' (including, for example, the Constitution of SFRY, the Law on Associated Labour and some provisions of the Criminal Law such as Article 133, the law of the SFRJ in the 1980s was much more European than it is actually known in Western Europe. The examples may be found in the substantive provisions of the 1978 Law on Obligations and in the field of procedural law, particularly in the Law on Civil Procedure was tailored upon the model of the Austrian Civil Procedure Code (called the 'Klein'sche ZPO'. Moreover, in the field of constitutional and administrative judiciary, the SFRY was not only ahead of the other socialist countries but also ahead of a lot of other Western European countries. The opening towards other European states was also reflected in the legislation on foreign investment. In this context, it is worth noting that the SFRJ was the first socialist state which enacted such legislation as early as in 1967. By enacting the Law on the Social Capital and the Law on Enterprises, the SFRY began the transformation of its legal system in 1988, well before the fall of the Berlin wall and considerable earlier than the traditional socialist states. For these reasons, it is justified to say that the law of the SFRY and Serbia during the socialist time was (underneath the layer of socialist law already more European than a
The United Nations Convention on the Rights of Persons with Disabilities: a new approach to decision-making in mental health law.

Science.gov (United States)

Morrissey, Fiona

2012-12-01

The UN Convention on the Rights of Persons with Disabilities (CRPD) requires us to engage in new approaches to decision-making in mental health law. The reclassification of mental health rights to the realm of disability rights is an important step towards equal treatment for persons with psychosocial disabilities. Law reformers worldwide are beginning to consider the implications of the provisions. Legislators will be required to understand the underlying philosophy of the CRPD to realise the rights set out in it. The CRPD possesses a number of innovative provisions which can transform decision-making in the mental health context. Article 12 provides a new conceptualisation of persons with disabilities and their capacity to participate by requiring support to exercise legal capacity. While good practice exists, the provision has yet to be fully implemented by many State Parties. This article discusses the impact of the CRPD on mental health law, legal capacity law and describes examples of supported decision-making models for mental health care.
Mine drivage in hydraulic mines

Energy Technology Data Exchange (ETDEWEB)

Ehkber, B Ya

1983-09-01

From 20 to 25% of labor cost in hydraulic coal mines falls on mine drivage. Range of mine drivage is high due to the large number of shortwalls mined by hydraulic monitors. Reducing mining cost in hydraulic mines depends on lowering drivage cost by use of new drivage systems or by increasing efficiency of drivage systems used at present. The following drivage methods used in hydraulic mines are compared: heading machines with hydraulic haulage of cut rocks and coal, hydraulic monitors with hydraulic haulage, drilling and blasting with hydraulic haulage of blasted rocks. Mining and geologic conditions which influence selection of the optimum mine drivage system are analyzed. Standardized cross sections of mine roadways driven by the 3 methods are shown in schemes. Support systems used in mine roadways are compared: timber supports, roof bolts, roof bolts with steel elements, and roadways driven in rocks without a support system. Heading machines (K-56MG, GPKG, 4PU, PK-3M) and hydraulic monitors (GMDTs-3M, 12GD-2) used for mine drivage are described. Data on mine drivage in hydraulic coal mines in the Kuzbass are discussed. From 40 to 46% of roadways are driven by heading machines with hydraulic haulage and from 12 to 15% by hydraulic monitors with hydraulic haulage.
Social Licensing in the Uranium Cycle Production (Case of Niger)

Energy Technology Data Exchange (ETDEWEB)

Dari, A., E-mail: dariayouba@yahoo.fr [Ministry of Mining and Energy, Mines Direction/DEM, Niamey (Niger)

2014-05-15

In Niger Republic, uranium exploitation has begun since 1970. It is an economic resource but also causes social and environmental problems. To exploit according to the rule, to protect social environment, to work in safe conditions and contribute to the development of local population one side and Niger Republic in the other side, a mining law was voted in March 1993. It is about the ordinance n°93-16 on mining law which was modified in August 2006 by a new mining law, the ordinance n°2006-26 of 9 August 2006. As well as the presidential decree affecting the application of this new law was issued. Other legislative and regulatory texts have been taken as far as exploration and exploitation mining. For example, the mining agreement, the order n°0073/PM of 4 July 2005 relative to the transparency on mining exploitation; ordinance n°97-001 of 10 January 1997 appointing the environmental studying impact and the law 98–56 of 29 December 1998 relative to the management of environment. For acquisition of an exploration licence or a mining licence, a mining agreement is signed between the mining company and Niger Republic which makes clear social, environmental, financial, and economic conditions in which the mining company must exploit natural resources. The ordinance n°93-16 of 2 March 1993 related to the mining law in chapter IV, clarifies conditions for acquisition of exploration and mining licence in Niger Republic. It clarifies again in the same chapter, title VI, rights and obligations relating to mine or quarry operations for companies and tax provisions relative those activities. In the same order, in title VIII, hygiene and security conditions in mines are been specified. The mining agreement in title IV, specify rights, obligations and administration in mining activities, particularly article 18.2 which stipulates “the mining company undertakes to contribute to the development of municipalities in which it shall carry out activities, by contributing to
Implementation of the provisions of the European social charter on the right to protection of youth from the danger of causing physical and psychological harm in the process of their labor in the labor law of the Russian Federation

Directory of Open Access Journals (Sweden)

Marina Eduardovna Kandel

2015-06-01

Full Text Available Objective to analyze special measures and safeguards enshrined in the provisions of Art. 7 of the European Social Charter which provides protection of children and adolescents from the danger of causing physical or psychological harm in the process of their labor and its implementation in the Labor Law of the Russian Federation in connection with acceptance of obligations under Art. 7 of the European Social Charter. Methods comparative legal research method was applied. Results the comparative legal analysis was carried out of the implementation of measures and warranties expressed in Art. 7 of the European Social Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of their employment within the Russian Labor Law investigation was made of the degree of compliance of norms of the Russian Labor Law with the specified provisions of the Charter and the requirements of European Convention the necessary measures are listed to fill up the norms and gaps in the Russian Labor Law. Scientific novelty for the first time the article presents a comprehensive comparative legal study on the implementation of measures and safeguards embodied in Art. 7 of the Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of labor activity in the Russian norms of Labor Law the degree of their compliance with the Charter is determined practical steps are offered to reform the Russian legislation with the aim of implementation of the assumed Charter obligations by the Russian Federation. Practical value the measures for the protection of children proposed by the author can be used in scientific legislative and lawenforcement practice in Russia. nbsp
Gas migration from closed coal mines to the surface. Risk assessment methodology and prevention means

International Nuclear Information System (INIS)

Pokryszka, Z.; Tauziede, Ch.; Lagny, C.; Guise, Y.; Gobillot, R.; Planchenault, J.M.; Lagarde, R.

2005-01-01

French law as regards renunciation to mining concessions calls for the mining operator to first undertake analyses of the risks represented by their underground mining works. The problem of gas migration to the surface is especially significant in the context of coal mines. This is because mine gas can migrate to the earth's surface, then present significant risks: explosion, suffocation or gas poisoning risks. As part of the scheduled closure of all coal mining operations in France, INERIS has drawn up, at the request of national mining operator Charbonnages de France, a general methodology for assessing the risk linked to gas in the context of closed coal mines. This article presents the principles of this methodology. An application example based on a true case study is then described. This is completed by a presentation of the preventive and monitoring resources recommended and usually applied in order to manage the risk linked to gaseous emissions. (authors)
Copyright Law and the Leadership Classroom: A Primer

Science.gov (United States)

Blackwell, Cindy; Jones, David

2008-01-01

For many educators the fair use provision of the Copyright Act of 1976 and the subsequent Technology, Education, and Copyright Harmonization (TEACH) Act offer "carte blanche" use of various forms of media in the classroom. As Siva Vaidhyanathan (2001) notes, "Copyright myths have had as much power as copyright laws" (p. 5). The…
The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law; Das Recht der Umweltvertraeglichkeitspruefung. Bd. 1. Vorschriftensammlung mit Einfuehrung in das UVP-Recht

Energy Technology Data Exchange (ETDEWEB)

Peters, H.J.

1995-12-31

The present book contains all regulations relevant to EIA in compact form: The EU EIA Directive; the Federal Law on the EIA; the Procedural Rules of Atomic Energy Law; the Ninth Ordinance on the Federal Emissions Control Law including the pertinent general administrative regulation; the Federal Mining Law; the Federal Building Law; the Federal Regional Planning Law; and the EIA laws of the Laender such as implementing regulations, the Land EIA Laws, and the Land Planning Laws. There is a basic introduction to EIA law preceding this collection of regulations and laws. (orig./HP) [Deutsch] Das Buch bietet alle UVP-Vorschriften in kompakter Form, die UVPRL der EU, das UVPG, die Atomrechtliche Verfahrensverordnung (AtVfV) und die 9. BImSchV einschliesslich der entsprechenden Allgemeinen Verwaltungsvorschrift sowie das BBergG, das BauGB, das ROG bis hin zum UVP-Recht der Laender wie DurchfuehrungsVO, LUVPG und Landesplanungsgesetzen. Vorangestellt ist diesen Vorschriften eine grundlegende Einfuehrung in das Recht des UVP. (orig./HP)
Investigation for closedown activities in the uranium mine Zirovski vrh

International Nuclear Information System (INIS)

Cadez, F.; Likar, B.; Logar, Z.

1995-01-01

The uranium mine Zirovski vrh was temporarily shut down by order of Government of the Republic of Slovenia in the second half of the year 1990. After the Slovenian parliament passed the law on definite closing down of the uranium mine exploitation and on rehabilitation the effect of mining on the environment in July 1992 was starting to make the Programme of the Permanent Closing down of the Uranium ore Exploitation and Permanent Protection of the Environment in Uranium Mine that is in final phase. In the meantime the studies that would define necessary parameters for elaborating the projects of closure have been done. Two essential studies for the realization of closure of mine are working out: 1. Previous dewatering of the deposit by boreholes for diminishing of pollution of mine water by uranium; 2. Filling of partially collapsed stops by hydromettallurgical waste to assure permanent stability above the mine spaces. The aim of the first study is to reduce percolation of mine water through the mineralized parts of the deposit by drilling boreholes in the footwall and in the hanging wall. Pollution of mine water which outflows from the lowest tunnel in the local creek Brebovscica should be diminished. Tests of stability and lixiviation on the cubes that are made of hydrometallurgical waste are the topic of the second study. Cement and different additives are added in the cubes and testings have been made in situ. (author). 3 refs, 3 figs, 2 tabs
Reducing stigma in healthcare and law enforcement: a novel approach to service provision for street level sex workers.

Science.gov (United States)

Bodkin, Kate; Delahunty-Pike, Alannah; O'Shea, Tim

2015-04-09

Providing services for street level sex workers requires a multidisciplinary approach, addressing both health and safety concerns typical of their age and gender and those that arise specific to their line of work. Despite being a diverse population, studies have identified some specific health needs for sex workers including addictions treatment, mental health. Additionally, studies have shown a higher risk of physical and sexual assault for this population. The Persons at Risk program (PAR) in London, Ontario, Canada was started in 2005 to address the specific needs of street level sex workers by using a harm-reduction model for policing and healthcare provision. This qualitative study evaluated this model of care in terms of improving access to healthcare and essential police services for street level sex workers. A total of 14 semi-structured interviews were conducted with current and former female street level sex workers enrolled in the PAR program. In addition, 3 semi-structured interviews were conducted with health and law enforcement professionals. The research team then analyzed and coded the transcripts using qualitative description to identify key themes in the data. Results indicated that participants represent a vulnerable population with increased safety concerns and healthcare needs relating to addictions, mental health and infectious disease. Despite this, participants reported avoiding healthcare workers and police officers in the past because of fear of stigma or repercussions. All participants identified the harm reduction approach of the PAR program as being essential to their continued engagement with the program. Other important aspects included flexible hours, the location of the clinic, streamlined access to mental health and addictions treatment and the female gender of the police and healthcare worker. The PAR program provides sex workers access to much needed primary healthcare that is flexible and without judgment. In addition, they are
Regulatory aspects of radiological hazards in mines and works

International Nuclear Information System (INIS)

Metcalf, P.E.; Guy, M.S.C.; Van Sittert, J.M.O.

1987-01-01

The mining and processing of ores containing uranium and thorium can give rise to exposure to ionizing radiation via various pathways to both persons employed in mines and works and to members of the general public living in the vicinity of such facilities. Such exposures to radiation will not give rise to unacceptable levels of risk provided the source of such exposure are identified, quantified and controlled. In order to establish the necessary regulatory framework to ensure such identification, quantification and control, regulations are currently being promulgated under the Mines and Works Act to require that activities involving nuclear hazard material resulting from the mining and processing of materials containing uranium and thorium will be subject to such conditions that will ensure compliance with a system of radiation dose limitation laid down. It is proposed that conditions be established for each mine and works in the form of a Code of Practice specific to the facility, the provisions of which will be commensurate with the potential magnitude of the particular radiological hazards prevailing at that facility. Generic guidelines will be made available to enable suitable Codes of Practice to be drawn up. This paper discusses the various radiological hazards that may have to be considered, the scope and content of the generic guidelines and the dose limitation system with which it will be necessary to comply. 5 refs., 2 tabs
Agreements concluded by the Federal Republic of Germany under international law in the field of environmental protection. Annex: Treaties with the GDR. (Source index in the Federal Law Gazette, part II). (As of September 15, 1987)

International Nuclear Information System (INIS)

Lohse, S.

1987-01-01

This compilation contains all agreements under international law in the field of environmental protection, the FRG has joined and that have been published and/or announced in the Federal Law Gazette, part II. The summary is of September 15, 1987. The classification is made according to the subjects: waste management law, pollution abatement law, nuclear law and energy and mining law and within these according to the date of treaty/agreement. For easier access, there are a chronological index, an index of the contracting states and an index of the places of contract. In the annex the relevant treaties with the German Democratic Republic are indicated. (orig./HP) [de
THE APPLICATION OF THE SPECIALTY PRINCIPLE, CONCERNING THE SPECIAL SEIZURE IN ROMANIAN CRIMINAL LAW

Directory of Open Access Journals (Sweden)

MONICA POCORA

2011-04-01

Full Text Available This paper aims to be a comparative analysis of the special seizure as a safety measure, as it is regulated in Romanian special criminal legislation, and also a way to highlight certain discrepancies between the general and special criminal legislation. Special seizure, as a safety measure, may be disposed under Criminal Code regulations, as a general norm, but also under some stipulations included in special Criminal laws. Moreover, when there are such special stipulations, they have under the rules of specialty principle, priority in implementing to the general norm. In our opinion, in these cases, special seizure is also disposed under the Criminal Code provisions, as general norm, because the general terms nondescript by others field of incidence, are the ones who set by the Criminal law. In fact, in such cases, the special seizure is ordered under both Criminal provisions. In analysis of the paper, is made reference to the applicability of special seizure measure inmatter of corruption offences, in customs, money laundering, illicit trafficking of drugs and fisheries and fish farming, and as a result of their presentation, we concluded that although is in question the specialty principle, mainly would find application the general norm in comparison with special norm. Moreover, corroborating the actually general norm with the provisions of the New Criminal Code, we believe the special seizure, should operate exclusively under the general law, or the provisions of the special norm, should be modified.
Atomic Energy Control Board and its role in the regulation of uranium and thorium mines

International Nuclear Information System (INIS)

Dory, A.B.

1980-05-01

Laws governing the Atomic Energy Control Board (AECB), its structure and functions is described in the context of the Board's role in uranium and thorium mining. The licensing and compliance procedures are described as they pertain to the objectives of the AECB in protecting workers, the public and the environment during construction, operating and closure of uranium and thorium mining and milling facilities. (OT)
Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?

NARCIS (Netherlands)

Burri, S.D.

2013-01-01

The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now
Tribal communities and coal in Northeast India: The politics of imposing and resisting mining bans

International Nuclear Information System (INIS)

McDuie-Ra, Duncan; Kikon, Dolly

2016-01-01

Bans on coal mining have been implemented in two tribal majority states in India's north-east frontier; Nagaland and Meghalaya. In Nagaland the state government imposed the ban in an attempt to capture control of coal extraction and trade, while in Meghalaya India's National Green Commission imposed the ban over concern for the environment and labour conditions. In both cases local communities have opposed the bans, and in some areas resumed mining under the authority of tribal councils and powerful civil society actors. In this paper we explore the politics of coal extraction that resulted in these bans and the response of communities and authorities. In doing so we made three main arguments that contribute to understanding of coal and communities in frontier regions where state control is partial and the legacy of armed conflict is powerful. First, in both locations the majority of the coal mining activity has been initiated and managed by members of tribal communities rather than profit-driven outsiders. Second, in contrast to other contexts in India (notably Orissa and Jharkhand) where large state or private enterprises seek to modify the law to enable coal extraction, in Nagaland and Meghalaya it has been communities that resent and challenge state and national laws being applied to their lands. Third, the right to extract coal is connected to the right of tribal communities to determine what happens on their lands. - Highlights: • Tribal communities initiate and manage coal mining in Nagaland and Meghalaya. • Laws banning coal extraction have been challenged and resisted by local communities. • The right to extract coal is tied to protecting tribal land rights. • Tribal autonomy in coal policy is progressive, yet enables capture by local elites. • Where there has been regulation of coal mining it has come from unexpected sources.
Evaluation of Ecological Environmental Quality in a Coal Mining Area by Modelling Approach

Directory of Open Access Journals (Sweden)

Chaodong Yan

2017-07-01

Full Text Available The purpose of this study was to explore the effective method of the comprehensive evaluation of ecological environmental quality in a coal mining area. Firstly, we analyzed the ecological environmental effect of the coal mining area according to Pigovian Tax theory and, according to the results of the analysis and the demand for the selection of evaluation indices by the comprehensive evaluation, built the corresponding comprehensive evaluation index system. We then used the correlation function method to determine the relative weights of each index. We determined the basic standards of a comprehensive evaluation of ecological environmental quality in a coal mining area according to the actual situation of ecological environmental quality assessments in coal mining areas in our country and the relevant provisions of the government. On this basis, we built the two-level extension comprehensive evaluation model for the evaluation of ecological environmental quality in mining areas. Finally, we chose a certain coal mining area of Yanzhou Coal Mining Company Limited as the specific case. We used the relevant statistic data, technical and economic indices and the extension evaluation model to do the applied research of the comprehensive evaluation and tested the effectiveness of the comprehensive evaluation model.
19 CFR 122.2 - Other Customs laws and regulations.

Science.gov (United States)

2010-04-01

... 19 Customs Duties 1 2010-04-01 2010-04-01 false Other Customs laws and regulations. 122.2 Section 122.2 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY AIR COMMERCE REGULATIONS General Definitions and Provisions § 122.2 Other Customs...
Marriage with an Adopted Child from the Iranian Constitutional Law Perspective

Directory of Open Access Journals (Sweden)

ماهرو غدیری

2017-09-01

Full Text Available Recently Iran passed a law titled “Protection of Children without Guardian or with an Improper Guardian” that provides in part: "... marriage between a guardian and an adopted child is prohibited both during and after custody, unless a competent court, after obtaining the advisory opinion from the (state welfare organization, affirms that it is in the interest of the adopted child." It was claimed that in the absence of a prohibition under Sharia law and silence of the legislation in force, there exist some cases of marriage with an adopted child. Hence, with this regulation a competent court may allow such marriages based on the interest of the adopted child and in this way, at least the child will be protected against possible harms. This claim raises the question that given articles 10, 20 and 21 of the Constitution, to what extent can such a provision protect the sanctity and solidarity of familial relations based on Islamic law and ethics, woman's rights, protecting children without guardians, and equal legal protection for all, including men and women? This paper addresses this question by analyzing the consequences of such a provision, and ultimately suggests that, in order to prevent the immorality of relations within families and the collapse of the family, and to ensure the protection of the child from harms and protect the rights of women, repealing this provision must be placed on the agenda of the Legislature as soon as possible.

THE INFLUENCE OF THE CONSUMER PROTECTION ACT 68 OF 2008 ON THE COMMON LAW WARRANTY AGAINST EVICTION: A COMPARATIVE OVERVIEW

Directory of Open Access Journals (Sweden)

J Barnard

2012-12-01

Full Text Available The implementation of the Consumer Protection Act 68 of 2008 (CPA has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller’s common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the legal position in the United Kingdom – specifically the provisions of the Sales of Goods Act of 1979 – is investigated.
Research on parallel algorithm for sequential pattern mining

Science.gov (United States)

Zhou, Lijuan; Qin, Bai; Wang, Yu; Hao, Zhongxiao

2008-03-01

Sequential pattern mining is the mining of frequent sequences related to time or other orders from the sequence database. Its initial motivation is to discover the laws of customer purchasing in a time section by finding the frequent sequences. In recent years, sequential pattern mining has become an important direction of data mining, and its application field has not been confined to the business database and has extended to new data sources such as Web and advanced science fields such as DNA analysis. The data of sequential pattern mining has characteristics as follows: mass data amount and distributed storage. Most existing sequential pattern mining algorithms haven't considered the above-mentioned characteristics synthetically. According to the traits mentioned above and combining the parallel theory, this paper puts forward a new distributed parallel algorithm SPP(Sequential Pattern Parallel). The algorithm abides by the principal of pattern reduction and utilizes the divide-and-conquer strategy for parallelization. The first parallel task is to construct frequent item sets applying frequent concept and search space partition theory and the second task is to structure frequent sequences using the depth-first search method at each processor. The algorithm only needs to access the database twice and doesn't generate the candidated sequences, which abates the access time and improves the mining efficiency. Based on the random data generation procedure and different information structure designed, this paper simulated the SPP algorithm in a concrete parallel environment and implemented the AprioriAll algorithm. The experiments demonstrate that compared with AprioriAll, the SPP algorithm had excellent speedup factor and efficiency.
Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework

Science.gov (United States)

1999-06-01

interpretive consideration. See Vienna Convention, supra note 51, art. 31(3). 69 On economic sanctions, see Paul Szasz , The Law of Economic Sanctions...COMPUTER NETWORK ATTACK AND THE USE OF FORCE IN INTERNATIONAL LAW : THOUGHTS ON A NORMATIVE FRAMEWORK MICHAEL N...Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law , no person shall be subject to a
The Texas Advanced Directive Law: Unfinished Business.

Science.gov (United States)

Kapottos, Michael; Youngner, Stuart

2015-01-01

The Texas Advance Directive Act allows physicians and hospitals to overrule patient or family requests for futile care. Purposefully not defining futility, the law leaves its determination in specific cases to an institutional process. While the law has received several criticisms, it does seem to work constructively in the cases that come to the review process. We introduce a new criticism: While the law has been justified by an appeal to professional values such as avoiding harm to patients, avoiding the provision of unseemly care, and good stewardship of medical resources, it is applied incompletely. It allows physicians and institutional committees to refuse "futile" treatments desired by patients and families while at the same time providing no way of regulating physicians who recommend or even push "futile" treatments in similar cases. In this sense, the TADA is incomplete on its own terms.
Mining and mining authorities in Saarland 2016. Mining economy, mining technology, occupational safety, environmental protection, statistics, mining authority activities. Annual report

International Nuclear Information System (INIS)

2016-01-01

The annual report of the Saarland Upper Mining Authority provides an insight into the activities of mining authorities. Especially, the development of the black coal mining, safety and technology of mining as well as the correlation between mining and environment are stressed.
9 CFR 354.14 - Authority to waive provisions of § 354.12.

Science.gov (United States)

2010-01-01

... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Authority to waive provisions of Â§ 354.12. 354.14 Section 354.14 Animals and Animal Products FOOD SAFETY AND INSPECTION SERVICE... plants in specific instances where rabbits are to be brought into compliance with a law under the...
Analysis of theories and interpretative criteria in fiscal or tax provisions

Directory of Open Access Journals (Sweden)

María Angélica Nava-Rodríguez

2010-06-01

Full Text Available This article focuses on the subject of the interpretation of Tax law, as it constitutes one of the fundamental legal problems in the area. The basic aim of tax law is to regulate the form by which taxpayers contribute to the public expense of the State within the limits established by the Constitution. This interpretation presents special characteristics because it regulates the relations between the government and tax payers and contains special arrangements in dealing between them in terms of accounting, economics and finance. Because tax liability changes frequently, it is difficult to control the large number of daily specific situations that occur, therefore, the interpreter must determine whether the conduct that creates an obligation falls within the tax provision. The article studies the schools of interpretation, the methods that are located in each of the categories and the criteria of doctrinal interpretation of tax laws, also the interpretation according to the federal tax law.
In Situ Test Study of Characteristics of Coal Mining Dynamic Load

Directory of Open Access Journals (Sweden)

Jiang He

2015-01-01

Full Text Available Combination of coal mining dynamic load and high static stress can easily induce such dynamic disasters as rock burst, coal and gas outburst, roof fall, and water inrush. In order to obtain the characteristic parameters of mining dynamic load and dynamic mechanism of coal and rock, the stress wave theory is applied to derive the relation of mining dynamic load strain rate and stress wave parameters. The in situ test was applied to study the stress wave propagation law of coal mine dynamic load by using the SOS microseismic monitoring system. An evaluation method for mining dynamic load strain rate was proposed, and the statistical evaluation was carried out for the range of strain rate. The research results show that the loading strain rate of mining dynamic load is in direct proportion to the seismic frequency of coal-rock mass and particle peak vibration velocity and is in inverse proportion to wave velocity. The high-frequency component damps faster than the low-frequency component in the shockwave propagating process; and the peak particle vibration velocity has a power functional relationship with the transmitting distance. The loading strain rate of mining dynamic load is generally less than class 10−1/s.
Maritime zones and the new provisions on jurisdiction in the 1997 Vienna protocol and in the 1997 Convention on Supplementary Compensation

International Nuclear Information System (INIS)

Gioia, A.

1999-01-01

The issue of maritime zones and the new provisions on jurisdiction in the 1997 conventions are discussed. The relations between the international law of the sea and maritime zones, and civil jurisdiction for acts outside a state's territory are presented. Main implications of the new provisions are discussed. (K.A.)
Strategies for knowledge management in law firms in Botswana

Directory of Open Access Journals (Sweden)

M.C. Fombad

2009-02-01

Full Text Available This article formulates a route map on how law firms in Botswana may utilise knowledge management to enhance their competitive edge amidst the changing legal environment. It draws from the multiple definitions and perspectives of knowledge management, several frameworks and models together with the empirical findings to recommend a strategy for knowledge management in law firms in Botswana. It underscores the fact that knowledge management is becoming an imperative for the survival of law firms as knowledge intensive organisations. Law firms in Botswana can no longer afford to rely on the traditional methods of managing knowledge because there is a need for the 'best minds' and the best knowledge in their area of practice. It is recommended that lawyers should be proactive, adaptive, innovative, effective and competitive in the provision of outstanding, cost-efficient and effective services to clients. Most previous studies in this area have been carried out in developed countries with large law firms.
Supervision in compliance with nuclear law

International Nuclear Information System (INIS)

Anon.

1989-01-01

Disputes about the exercise of supervision by the state in the course of erection and operation of a nuclear power station are to be dealt with in the first instance by a higher administrative court (Art. 2, Sec. 9, sub-sec (1) No. 1 EntlG). If the state - as provided for in Sec. 7, sub-sec. (1) Atomic Energy Act - in fulfilment of its obligation under the Basic Law, to protect the life, health and property of the citizens, demands a specific licensing procedure to be applied for certain hazardous activities, any citizen whose rights are endangered by such activity hence has the right under public law, on the basis of the procedural provisions to be interpreted in the light of the Basic Law, to claim vis-a-vis all public authorities that the procedure provided for is observed, so as to ensure that infringement of the citizen's rights thus protected cannot be done, or connived, without the license required by the state. (orig.) [de
Corporate Social and Ecological Responsibility of Russian Coal Mining Companies

OpenAIRE

Ravochkin Nikita; Shchennikov Vladimir; Syrov Vasiliy

2017-01-01

Based on the provisions of corporate social responsibility and taking into account the specifics of Russian mining enterprises, the authors attempt to understand theoretically the corporate social and environmental responsibility in this paper. The study shows that the essence of the principles of socially responsible behavior has ancient roots, while the consumer's attitude towards nature begins only in the era of modern times. The genesis, evolution and transformation of social responsibili...
Achieving a deeper understanding of the implemented provisions of the Affordable Care Act.

Science.gov (United States)

Zhang, Shuang Qin; Polite, Blase N

2014-01-01

The Patient Protection and Affordable Care Act (ACA) was signed into law by President Barack Obama on March 23, 2010. Since that time, numerous regulations have been promulgated, legal battles continue to be fought and the major provisions of the law are being implemented. In the following article, we outline components of the ACA that are relevant to cancer health care, review current implementation of the new health care reform law, and identify challenges that may lie ahead in the post-ACA era. Specifically, among the things we explore are Medicaid expansion, health insurance exchanges, essential health benefits and preventive services, subsidies, access to clinical trials, the Medicare Part D donut hole, and physician quality payment reform.
THE IMPLEMENTATION OF LILIFUK CUSTOMARY LAW TOWARDS COASTAL ENVIRONMENTAL DEGRADATION OF KUPANG BAY

Directory of Open Access Journals (Sweden)

Ranny Christine Unbanunaek

2017-02-01

Full Text Available The kuanheun coastal communities have a customary law that help maintain coastal environmental sustainability resourceS called as lilifuk customary law(lilifuk atolan instrument. This research applied empirical method by formulating three problems: what are the values embedded in lilifuk customary law; how is the of lilifuk customary law contribution to prevent coastal environmental degradation; and how is the correlation between lilifuk customary law values and the law provision on coastal areas and small islands management. The result of the research identified the following; the first, Lilifuk customary law contains religious value, ecological value, communal value, social relations value, solidarity and responsibility value, social leadership value, and educational value. Second, the settlement of law violation by lilifuk customary law is conduted by the following steps: reporting; discussion; verdict; and execution. Third, there is a correlation between the lilifuk customary lilifuk values and WP3K Law values. Keywords: lilifuk customary law, environmental degradation, kupang bay
The Committed Changes Within Public Procurement Law in Turkey (2003-2014)

OpenAIRE

Mehmet Nar

2015-01-01

It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA) to be rearranged for the purposes of interest groups when necessary. So, our ...
The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law

International Nuclear Information System (INIS)

Kuehne, G.

2000-01-01

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

Science.gov (United States)

Olswang, Steven G.

1988-01-01

The relationship between faculty union mandatory membership provisions in a collective bargaining agreement and the rights of faculty protected by tenure and academic freedom are examined, and college options and considerations in negotiating contracts under collective bargaining laws are discussed. (MSE)
Viability of healthcare service delivery alternatives for the Australian mining sector.

Science.gov (United States)

Williams, Patricia A H; Giles, Margaret

2012-01-01

The changing and demanding nature of the mining workforce in rural and remote Australia brings unique challenges to the delivery of healthcare services. In an attempt to control costs whilst delivering cost effective and quality healthcare, new models of delivery must be considered. For a workforce that is fly-in/fly-out, the provision of healthcare is problematic given the lack of consistency in location. A cost-benefit framework is analysed comparing three models of service provision using travel to a major location, locum services and remote health monitoring. Ultimately, new models of care must be considered to address the issues of increasing workforce turnover, to cater for rising healthcare costs, and to improve the health of such communities.
Engaging Non-State Security Providers: Whither the Rule of Law?

Directory of Open Access Journals (Sweden)

Timothy Donais

2017-07-01

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

International Nuclear Information System (INIS)

Ronellenfitsch, M.; Wolf, R.

1986-01-01

In the opinion of the author an substantial extension of the protection of the individual against environmental encroachments is not necessary. In many fields of law, for instance in the atomic law or the law for the protection against nuisance, the protection of the individual can be improved by minor corrections. In civil law the same improvement can be gained by an interpretation of existing provisions taking into account the requirements of environmental protection. (WG) [de

16 CFR 460.23 - Other laws, rules, and orders.

Science.gov (United States)

2010-01-01

... Desist Order applies to you but differs from the rules given here, you can petition to amend to order. (b) State and local laws and regulations that are inconsistent with, or frustrate the purposes of, the provisions of this regulation are preempted. However, a State or local government may petition the Commission...
Citation-related reliability analysis for a pilot sample of underground coal mines

Energy Technology Data Exchange (ETDEWEB)

Kinilakodi, H.; Grayson, R.L. [Penn State University, University Park, PA (United States)

2011-05-15

The scrutiny of underground coal mine safety was heightened because of the disasters that occurred in 2006-2007, and more recently in 2010. In the aftermath of the 2006 incidents, the U.S. Congress passed the Mine Improvement and New Emergency Response Act of 2006 (MINER Act), which strengthened the existing regulations and mandated new laws to address various issues related to emergency preparedness and response, escape from an emergency situation, and protection of miners. The National Mining Association-sponsored Mine Safety Technology and Training Commission study highlighted the role of risk management in identifying and controlling major hazards, which are elements that could come together and cause a mine disaster. In 2007 MSHA revised its approach to the 'Pattern of Violations' (POV) process in order to target unsafe mines and then force them to remediate conditions in their mines. The POV approach has certain limitations that make it difficult for it to be enforced. One very understandable way to focus on removing threats from major-hazard conditions is to use citation-related reliability analysis. The citation reliability approach, which focuses on the probability of not getting a citation on a given inspector day, is considered an analogue to the maintenance reliability approach, which many mine operators understand and use. In this study, the citation reliability approach was applied to a stratified random sample of 31 underground coal mines to examine its potential for broader application. The results clearly show the best-performing and worst-performing mines for compliance with mine safety standards, and they highlight differences among different mine sizes.
From explosions to black lung: a history of efforts to control coal mine dust.

Science.gov (United States)

Weeks, J L

1993-01-01

Highlights in the history of efforts to prevent occupational lung disease among coal miners in the United States are reviewed. The Federal Coal Mine Health and Safety Act of 1969 is summarized, and the sources and effects of its provisions to prevent coal workers' pneumoconiosis are examined. Descriptions follow of the identification of coal workers' pneumoconiosis as a disease, identification of respirable coal mine dust as its cause, and establishment and enforcement of an exposure limit. The development of prevention efforts focusing on surveillance of both exposure and outcome and of enforcement of dust control methods is examined.
Implied terms in English and Romanian law

Directory of Open Access Journals (Sweden)

Stefan Dinu

2015-12-01

Full Text Available This study analyses the matter of implied terms from the point of view of both English and Romanian law. First, the introductory section provides a brief overview of implied terms, by defining this class of contractual clauses and by providing their general features. Second, the English law position is analysed, where it is generally recognised that a term may be implied in one of three manners, which are described in turn. An emp hasis is made on the Privy Council’s decision in Attorney General of Belize v Belize Telecom Ltd and its impact. Third, the Romanian law position is described, the starting point of the discussion being represented by the provisions of Article 1272 of the 2009 Civil Code. Fourth, the study ends by mentioning some points of comparison between the two legal systems in what concerns the approach towards implied terms.
METHODICAL SUPPORT OF IMPROVING THE ORGANIZATION OF MARKETING ACTIVITY OF THE COAL-MINING ENTERPRISES OF UKRAINE

Directory of Open Access Journals (Sweden)

Yuliia Zaloznova

2017-11-01

Full Text Available The purpose of the paper is to develop scientific and methodical approaches and proposals for improving the organization of marketing activity of the coal-mining enterprises of Ukraine in the conditions of instability in demand. Methodology. To achieve this goal used methods: statistical analysis, synthesis, comparison, structural and logical, expert evaluation, ranking. Results. Factors affecting the organization of the processes of sales activity of coal mining enterprises are revealed. Trends of the modern development of the domestic coal market in Ukraine are determined. The dynamics of marketing performance of coal mining enterprises is analysed. Proposals for improving the organization of marketing activity of the coal-mining enterprises are developed, principal among which are the formation and development of a system of contractual relationships with various categories of consumers of coal products; rationale for the creation of the syndicate as the organizational-economic mechanism of management of marketing activity of the coal-mining enterprises of various forms of ownership; formation of the methodical approach to the selection of an effective channel of coal sales; information support. Practical implications. The expected economic effect of the implementation of measures to improve the organization of marketing activity of the coal-mining enterprise is designed. It consists of cost savings on marketing by increasing the level of coherence between the enterprise and the loading and transport management at the conclusion of contracts for the provision of transport services; formation of optimal schedules of wagon movement; rational use of cars on duty; reducing maintenance time consumers of coal products. The introduction of a set of measures to improve the organization of marketing activity of enterprise through improving a service of various categories of consumers and improve the contractual relationships will contribute to the
Abuse of law in European tax law: an overview and some recent trends in the direct and indirect tax case law of the ECJ — part 2

OpenAIRE

Weber, Dennis

2013-01-01

This paper examines the right of the EU Member States to combat abuse, as defined in the case law of the European Court, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 2 analyses, inter alia, how specific an anti-abuse provisions should be, the burden of proof, tax jurisdiction shopping and the consequences of abuse
Medical innovation laws: an unnecessary innovation.

Science.gov (United States)

Richards, Bernadette

2016-06-01

Objective This paper aims to demonstrate that any suggestion that there is a need for specific innovation laws is flawed. Innovation is central to good medical practice and is adequately supported by current law. Methods The paper reviews the nature of medical innovation and outlines recent attempts in the UK to introduce specific laws aimed at 'encouraging' and 'supporting' innovation. The current legal framework is outlined and the role of the law in relation to medical innovation explored. Results The analysis demonstrates the cyclic relationship between medical advancement and the law and concludes that there is no requirement for specific innovation laws. Conclusions The law not only supports innovation and development in medical treatment but encourages it as central to a functioning medical system. There is no need to introduce specific laws aimed at medical innovation; to do so represents an unnecessary legal innovation and serves to complicate matters. What is known about the topic? Over recent months, there has been a great deal of discussion surrounding the law in the context of medical innovation. This was driven by the attempts in the UK to introduce specific laws in the Medical Innovation Bill. The general subject matter - negligence and the expected standard of care in the provision of treatment - is very well understood, but not in cases where the treatment can be described as innovative. The general rhetoric in both the UK and Australia around the Medical Innovation Bill demonstrates a lack of understanding of the position of the law with regards to innovative treatment. What does this paper add? This paper adds clarity to the debate. It presents the law and explains the manner in which the law can operate around innovative treatment. The paper asserts that medical innovation is both supported and encouraged by existing legal principles. What are the implications for practitioners? The paper presents an argument that can guide the policy position
Mine Water Treatment in Hongai Coal Mines

Science.gov (United States)

Dang, Phuong Thao; Dang, Vu Chi

2018-03-01

Acid mine drainage (AMD) is recognized as one of the most serious environmental problem associated with mining industry. Acid water, also known as acid mine drainage forms when iron sulfide minerals found in the rock of coal seams are exposed to oxidizing conditions in coal mining. Until 2009, mine drainage in Hongai coal mines was not treated, leading to harmful effects on humans, animals and aquatic ecosystem. This report has examined acid mine drainage problem and techniques for acid mine drainage treatment in Hongai coal mines. In addition, selection and criteria for the design of the treatment systems have been presented.
Mine Water Treatment in Hongai Coal Mines

OpenAIRE

Dang Phuong Thao; Dang Vu Chi

2018-01-01

Acid mine drainage (AMD) is recognized as one of the most serious environmental problem associated with mining industry. Acid water, also known as acid mine drainage forms when iron sulfide minerals found in the rock of coal seams are exposed to oxidizing conditions in coal mining. Until 2009, mine drainage in Hongai coal mines was not treated, leading to harmful effects on humans, animals and aquatic ecosystem. This report has examined acid mine drainage problem and techniques for acid mine ...
The Implications of "Good-Faith" Negotiation Provisions for "Meet and Confer" Laws.

Science.gov (United States)

Baldwin, Grover H.

A review of good faith requirements under meet and confer laws for public sector negotiations raises implications for school district management decisions regarding negotiations. First, it appears that state courts are being influenced by National Labor Relations Board and federal court rulings that pertain to the private sector, causing private…
The effect of time-dependent ventilation and radon (thoron) gas emanation rates in underground uranium mines

International Nuclear Information System (INIS)

Bigu, J.

1987-01-01

A theoretical radiation mine model, suitable for underground uranium mines, has been investigated. In this model, the rate of ventilation and/or the radon (thoron) gas emanation from mine walls are time-dependent. Several cases of practical interest have been investigated including sinusoidal, linear, exponential, stepwise, or a combination of two or more of the above. Analytical solutions were obtained for the time-dependent radon (thoron) gas emanation rate. However, because of the extreme analytical complexity of the solutions corresponding to the time-dependent ventilation rate case, numerical solutions were found using a special Runge-Kutta procedure and the Hamming's modified predictor-corrector method for the solution of linear initial-value problems. The mine model makes provisions for losses of radioactivity, other than by ventilation and radioactive decay, by, say, plate-out on mine walls, and by other mechanisms. Radioactivity data, i.e., radon, thoron, and their progeny, obtained with the above mine model for a number of ventilation and emanation conditions, are presented. Experimental data obtained in an inactive stope of an underground uranium mine for a time-dependent air flow case are shown. Air flow conditions (ventilation rate) were determined by tracer gas techniques using SF 6
Mapping medical marijuana: state laws regulating patients, product safety, supply chains and dispensaries, 2017.

Science.gov (United States)

Klieger, Sarah B; Gutman, Abraham; Allen, Leslie; Pacula, Rosalie Liccardo; Ibrahim, Jennifer K; Burris, Scott

2017-12-01

(1) To describe open source legal data sets, created for research use, that capture the key provisions of US state medical marijuana laws. The data document how state lawmakers have regulated a medicine that remains, under federal law, a Schedule I illegal drug with no legitimate medical use. (2) To demonstrate the variability that exists across states in rules governing patient access, product safety and dispensary practice. Two legal researchers collected and coded state laws governing marijuana patients, product safety and dispensaries in effect on 1 February 2017, creating three empirical legal data sets. We used summary tables to identify the variation in specific statutory provisions specified in each state's medical marijuana law as it existed on 1 February 2017. We compared aspects of these laws to the traditional Federal approach to regulating medicine. Full data sets, codebooks and protocols are available through the Prescription Drug Abuse Policy System (http://www.pdaps.org/; Archived at http://www.webcitation.org/6qv5CZNaZ on 2 June 2017). Twenty-eight states (including the District of Columbia) have authorized medical marijuana. Twenty-seven specify qualifying diseases, which differ across states. All states protect patient privacy; only 14 protect patients against discrimination. Eighteen states have mandatory product safety testing before any sale. While the majority have package/label regulations, states have a wide range of specific requirements. Most regulate dispensaries (25 states), with considerable variation in specific provisions such as permitted product supply sources number of dispensaries per state and restricting proximity to various types of location. The federal ban in the United States on marijuana has resulted in a patchwork of regulatory strategies that are not uniformly consistent with the approach usually taken by the Federal government and whose effectiveness remains unknown. © 2017 Society for the Study of Addiction.
Constitutionalization of international investment law: Indirect expropriation cases, fair and equitable treatment

Directory of Open Access Journals (Sweden)

César Higa

2013-12-01

Full Text Available The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i International Investment Law is part of Peruvian Legal System; (ii provisions of these laws are mandatory and should be applied domestically; and (iii interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development.
China and the United Nations Convention on the Law of the Sea: Operational Challenges

National Research Council Canada - National Science Library

Vincent, Steven D

2005-01-01

...), and has made maritime claims citing historic waters. China asserts that these actions are consistent with the provisions of the United Nations Convention On The Law Of the Sea (UNCLOS) Treaty...
Mine Water Treatment in Hongai Coal Mines

Directory of Open Access Journals (Sweden)

Dang Phuong Thao

2018-01-01

Full Text Available Acid mine drainage (AMD is recognized as one of the most serious environmental problem associated with mining industry. Acid water, also known as acid mine drainage forms when iron sulfide minerals found in the rock of coal seams are exposed to oxidizing conditions in coal mining. Until 2009, mine drainage in Hongai coal mines was not treated, leading to harmful effects on humans, animals and aquatic ecosystem. This report has examined acid mine drainage problem and techniques for acid mine drainage treatment in Hongai coal mines. In addition, selection and criteria for the design of the treatment systems have been presented.
Presentations from the 1992 Coal Mining Impoundment Informational Meeting

Energy Technology Data Exchange (ETDEWEB)

1993-12-31

On May 20 and 21, 1992, the MSHA Coal Mining Impoundment Informational Meeting was held at the National Mine Health and Safety Academy in Beckley, West Virginia. Fifteen presentations were given on key issues involved in the design and construction of dams associated with coal mining. The attendees were told that to improve the consistency among the plan reviewers, engineers from the Denver and Pittsburgh Technical Support Centers meet twice annually to discuss specific technical issues. It was soon discovered that the topics being discussed needed to be shared with anyone involved with coal waste dam design, construction, or inspection. The only way to accomplish that goal was through the issuance of Procedure Instruction Letters. The Letters present a consensus of engineering philosophy that could change over time. They do not present policy or carry the force of law. Currently, thirteen position papers have been disseminated and more will follow as the need arises. The individual paper were not even entered into the database.
Incidence of social resistance in provincial mining legislation. The cases of Córdoba and Catamarca (2003-2008

Directory of Open Access Journals (Sweden)

Lucas Christel

2013-11-01

Full Text Available During the last decade in Argentina, the growth of open pit mining has faced strong social resistance and provincial laws prohibiting such activity. This work aims to analyse the ways in which the different subnational political regimes and economic systems impact upon the possibility of incidence of social resistance on provincial mining legislation, looking at the cases of Cordoba and Catamarca.
Perception of radon risk in typical non-uranium mines in China

International Nuclear Information System (INIS)

Fu Yinhua; Sun Quanfu; Du Weixia; Lei Suwen; Lei Shujie; Wang Haijun; Qian Yekan; Li Xiaoyin; Su Xu

2008-01-01

Objective: To investigate the perception of risk flora occupational exposure to radon among the non-uranium miners in China, and to explore its major influence factors. Methods: 2836 workers from 24 mines in 9 provinces/regions were interviewed. Logit regress analysis was used to identify the major influence factors. Results: Among the interviewed mine workers, 13.3% of them had heard of radon, 29.0% of those miners who had heard of radon had some knowledge of the source of radon. Only 1.8% of the investigated mine workers had correct perception of health risk resulted from exposure to radon. The major factors to influence the radon risk perception included education degree and type of employment, perception was lower in those miners with low education or temporally employed. Perception level differed by province/regions and mines. Sex, age, and working length of the current job were not the main factors to influence the risk perception. Conclusions: The perception of radon risk resulted from occupational exposure among the Chinese non-uranium mine workers is low. More works are needed to effectively implement notification of occupational health hazards, which is stipulated by Chinese law on prevention and control of occupational disease, and one of the important factors in radon mitigation in mines. (authors)
77 FR 55228 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Roof...

Science.gov (United States)

2012-09-07

... death in underground coal mines, regulations 30 CFR 75.215 and 75.220 to 75.223 make it mandatory for.... In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information if the collection of information does not...
29 CFR 2704.101 - Definitions.

Science.gov (United States)

2010-07-01

... hereafter shall be to “administrative law judge”. The Act means the Equal Access to Justice Act 5 U.S.C. 504... Relating to Labor (Continued) FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS General Provisions § 2704.101 Definitions. The following...

Florida's Work-Based Learning and Child Labor Law. Resource Guide.

Science.gov (United States)

Florida State Univ., Tallahassee. School-to-Work Clearinghouse.

This guide was developed to address issues related to work-based learning experiences at an employer's worksite and to explain when and how federal and state (Florida) labor laws and minimum wage provisions apply. It includes the following documents: "Definitions of Terms--Work Based Learning" (Institute for Workforce Competitiveness);…
Environmental compliance requirements for uranium mines in northern Australia

International Nuclear Information System (INIS)

Waggit, P.; Zapantis, A.; Triggs, M.

2001-01-01

The current phase of uranium mining in the Alligator Rivers Region of the Northern Territory of Australia began in the late 70's and is governed by a large number of legislative and administrative requirements. The primary responsibility for environmental regulation rests with the Northern Territory Government but the legislative framework is complex and involves agencies of the Commonwealth Government as well as the Aboriginal traditional owners. Two of the current uranium mining projects, Ranger and Jabiluka, are surrounded by the World Heritage listed Kakadu National Park. Thirteen former mines are located within the Park and one former mine, Nabarlek, is in the same catchment as part of the Park, in West Arnhem Land. For these reasons, environmental management at the operating mines has to be of the highest standard and environmental requirements are attached to all laws and agreements controlling the operating facilities. The paper describes the spirit and rationale behind the regulations as well as the operating details and methodology of the regulatory system in place for the operating mines. An integral part of the overall environmental protection regime is a bi-annual program of Environmental Audits and Environmental Performance Reviews and regular reporting to a stakeholder committee. Other elements include internal and external environmental auditing at the minesites as well as programs of routine monitoring, check monitoring and reporting on a scale and frequency rarely seen elsewhere. Public concern and perception is considered to be a valid issue requiring attention
The Imposition Environmental Cost-Loading Of Companies Investing In Coal Mining

Directory of Open Access Journals (Sweden)

Tomi Risman

2015-08-01

Full Text Available The instrument of environment is an effort to prevent environmental problems caused by mining activities both in forms and its nature. The aims of the study are to analyze and understanding the essence of environment cost-loading in order to restore the environment from coal mining activities both when mining taken place and post-mining. The type of research used is a normative-legal research. This research was conducted in the province of South Kalimantan with the consideration that the South Kalimantan is one of the largest coal-producing Provinces in Indonesia. In addition the environment cost-loading for investor in coal mining have the same properties in all coal mining sites in Indonesia. The results of the research indicated that the imposition and environment-cost in investment activity in the field of coal mining can be seen from the two approaches i.e the economic and legal approach. Economic approach is an approach that emphasizes the economic benefits gained by the owner of activities when they comply with the environmental requirements stipulated by laws and environmental regulations. Realizing the importance of environmental cost-loading for the company that manages the coal mining especially for the utilization of prevention of pollution caused by coal mining activity it is necessary to develop an institutional guarantee of recovery from the effects of pollution by establishing fund insurance for environmental restoration as a result of pollution. Thus in order to optimize the implementation of guarantee fund for environmental restoration are specifically utilized for post-mining reclamation then granting the status of Clean and Clear C amp C for coal mining investor must be presupposing the proof of guarantee fund has been placed for environmental restoration post-mining.
A legal study on mining investment in India

Energy Technology Data Exchange (ETDEWEB)

Lee, Kyeong Han [Korea Institute of Geology Mining and Materials, Taejon (Korea, Republic of)

1997-12-01

India having a high potentiality of mineral resources has been changing its economic structure from a state governing system to a liberalized one since 1991 after Mr. Lao was elected as a Prime Minister. Since then, all the policies have been focused on luring foreign investment through providing lots of tax incentives and favorable investment environment. Mining industry which accounts about 3.5% of the GDP is also opened to foreign investors as well as private sector after amendment of the Mines and Minerals (Regulation and Development) Act in March, 1994. The Indian Government`s Ministry of Mines regulates and promotes mining sector, other than coal, oil and natural gas and atomic minerals. Traditionally as the government is organized to manage industries from upstream to downstream, coal is controlled by the Ministry of Coal and Oil and Natural gas is under the Ministry of Oil and Natural gas. Environmental controls for the mining sector are regulated by the Environment (Protection) Act, 1986, the Forest conservation Act, 1980, the MMRD Act and rules made under it. In Oil and Natural Gas sector, the Central Government is empowered by the Oilfield (Regulation and Development) Act, 1948 to grant mining rights for the exploration and production of mineral oil and natural gas. In 1993, the Coal Mines Nationalization Act, 1973 was amended to permit power and cement plants to mine coal for captive consumption. Recently the government has announced the Integrated Coal Policy (ICP), which envisages allotment of coal mining blocks to any company registered under the Indian Company Law. Social infrastructures are not sufficient to match expected increasing demand. Expansion of transportation facilities and Power capacity are urgent matters to support its economy. Considering the investment environment and resources potentiality, India is one of the attractive country to invest. However, as the policies and other relevant legislative frameworks are revised so fast in
Effect of the Uniform Accident and Sickness Policy Provision Law on alcohol screening and intervention in trauma centers.

Science.gov (United States)

Gentilello, Larry M; Donato, Anthony; Nolan, Susan; Mackin, Robert E; Liebich, Franesa; Hoyt, David B; LaBrie, Richard A

2005-09-01

Alcohol screening and intervention in trauma centers are widely recommended. The Uniform Accident and Sickness Policy Provision Law (UPPL) exists in most states, and allows insurers to refuse payment for treatment of injuries in patients with a positive alcohol or drug test. This article analyzed the UPPL's impact on screening and reimbursement, measured the knowledge of legislators about substance use problems in trauma centers, and determined their opinions about substance use-related exclusions in insurance contracts for trauma care. A nationwide survey of members of the American Association for the Surgery of Trauma was conducted. A separate survey of legislators who are members of the Senate, House, or Assembly and serve in some leadership role on committees responsible for insurance in their state was also performed. Ninety-eight trauma surgeon and 56 legislator questionnaires were analyzed. Surgeons' familiarity with the UPPL was limited; only 13% believed they practiced in a UPPL state, but 70% actually did. Despite lack of knowledge of the statute, 24% reported an alcohol- or drug-related insurance denial in the past 6 months. This appeared to affect screening practices; the majority of surgeons (51.5%) do not routinely measure blood alcohol concentration, even though over 91% believe blood alcohol concentration testing is important. Most (82%) indicated that if there were no insurance barriers, they would be willing to establish a brief alcohol intervention program in their center. Legislators were aware of the impact of substance use on trauma centers. They overwhelmingly agreed (89%) that alcohol problems are treatable, and 80% believed it is a good idea to offer counseling in trauma centers. As with surgeons, the majority (53%) were not sure whether the UPPL existed in their state, but they favored prohibiting alcohol-related exclusions by a 2:1 ratio, with strong bipartisan support. The study documents strong support for screening and intervention
The protection of juveniles under Cameroon criminal law and procedures through the lens of international standards

Directory of Open Access Journals (Sweden)

Thomas Ojong

2017-10-01

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

Directory of Open Access Journals (Sweden)

Raquel Álvares Leão

2005-05-01

Full Text Available Mining activities for urbanization purposes have been practiced in the BrazilianFederal District for the last fifty years. Exploitation of sand, clay, stones, calcareous rocks,and gravel deposits resulted in 0.6% of the territory degraded by mining. Deposits explored inthe last ten years have been reclaimed as demanded by local laws.The natural restoration of areas degraded by mining explotation is unpraticable,because the seed-bed and seedlings-bed is very injuried. Also the superficial layers of soil aretaken off, causing loss of microorganism like fungi, which contributes for environmental’squality improvement for the vegetation reestablishment (Vargas & Hungria, 1997.Fortunatelly, environmental laws oblige miners to replace these superficial layers of soil(CREA-DF Cursos, 2004.The recovering of a degradaded area doesn’t necessarily mean restoration. Restorationonly happens when the damage is minimal, for example, a glade opened by the death of a tree(Fonseca et al., 2001. When an area is hardly damaged, the vegetal climax community,resulting from secondary succession, will never be the same as the one standed there before(CREA-DF Cursos, 2004; Fonseca et al., 2001. In the case of areas degraded by mining,human intervention is necessary, because the vegetation has lost its resilience, and is not ableto commence a secondary succession by itself.
Contracts for joint provision of local public services

Directory of Open Access Journals (Sweden)

Francisco José Villar Rojas

2017-09-01

Full Text Available This paper studies the way a Local authority can provide a public service of its competence jointly or cooperatively with other public authorities. Specifically, article 12.4 of Directive 2014/24 /EU, on «contracts for the joint provision of public services», is analyzed. Its basis and the conditions that must be fulfilled for its valid use are studied, as it is an exception to the rules on public works contracts. The conclusion is that European law supports and regulates a traditional way of managing local public services.
Legal provisions governing the acknowledgment of test results

International Nuclear Information System (INIS)

Strecker, A.

1982-01-01

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

Directory of Open Access Journals (Sweden)

Burçin BOZDOĞANOĞLU

2016-12-01

Full Text Available In our country, despite basis of statement is accepted, determination of reported basis of assessment could be done by tax audition. Located in Tax Law Article 371 penitence and rectification provides the ability to resolve disputes to taxpayer at the administrative stage providing certain conditions, on taxes based on declaration. According to Article 359 of Tax Law, based on the conditions mentioned in Article 371 of the law states with penitence about the status of the penitence to the relevant authorities it is started whether the application of criminal smuggling. So, “payment” condition in Article 371 which is currently taken a place among the conditions to benefit from located penitence institution and tax loss that prevents withdrawal penalty, the issue is not the punishment of trafficking in terms of the current is still in the case of a subject that cannot be agreed upon. However the fate of specified period of time for penitence institute existence of force majeure is controversial issue. In this context; the processing of tax evasion rather than tax loss without penitence institution evaluation of the implementation of equality in taxation. Results can occur within the framework of the provisions on the grounds penitence tax declarations which are not accepted for the reason of given without tax loss rather than a move to focus on the value of properties. In our study, these issues are evaluated, based on tax law and criminal law norms and offers opinions and suggestions for issues raised.
The coal mining: perspectives and future; La mineria del Carbon perspectivas y realidades

Energy Technology Data Exchange (ETDEWEB)

Fernandez-Castano Merediz, C.

1997-04-01

The article analyzes the situation of coal mining after the publication of Law for the regulation of Electric System in Spain, and the publication of the decision 1072/94 CECA to authorize the subsidies for Spanish coal. The production, consumption and perspectives are analyzed.
Radioactive air emissions from non-uranium mining operations

International Nuclear Information System (INIS)

Silhanek, J.S.; Andrews, V.E.

1981-01-01

Section 122 of the Clean Air Act Amendments of 1977, Public Law 9595, directed the Administrator of the Environmental Protection Agency to review all relevant information and determine whether emissions of radioactive pollutants into ambient air will cause or contribute to air pollution which may reasonably be anticipated to endanger public health. A section of this document presented a theoretical analysis of the radioactive airborne emissions from several non-uranium mines including iron, copper, zinc, clay, limestone, fluorspar, and phosphate. Since 1978 EPA's Las Vegas Laboratory has been gathering field data on actual radionuclide emissions from these mines to support the earlier theoretical analysis. The purpose of this paper is to present the results of those field measurements in comparison with the assumed values for the theoretical analysis
Justice Delayed is Justice Denied: Protecting Mines against Occupational Injuries and Diseases: Comments on Mankayi v Anglogold Ashanti Ltd 2011 32 ILJ 545 (CC

Directory of Open Access Journals (Sweden)

CI Tshoose

2011-12-01

Full Text Available In the Mankayai v Anglogold Ashant Ltd 2011 32 ILJ 545 (CC the Constitutional Court was called upon to give meaning and content by interpreting the provision of section 35 of Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA and section 100(2 of the Occupational Diseases in Mines and Works Act 78 of 1973. The Court had to determine if the employee common-law right of recourse against his employer in cases where he sustained occupational diseases is extinguished by virtue of section 35(1 of COIDA. The purpose of this case note is twofold: firstly, it analyses the decision of the Constitutional Court in the Mankayi case; secondly, the case note looks at the significance of the Mankayi case for the system of occupational health and safety in South Africa. In conclusion, the contribution explores the need for the introduction of a unified system which will address issues of occupational health and safety in a coordinated and unified manner.
An ISU study of asteroid mining

Science.gov (United States)

Burke, J. D.

During the 1990 summer session of the International Space University, 59 graduate students from 16 countries carried out a design project on using the resources of near-earth asteroids. The results of the project, whose full report is now available from ISU, are summarized. The student team included people in these fields: architecture, business and management, engineering, life sciences, physical sciences, policy and law, resources and manufacturing, and satellite applications. They designed a project for transporting equipment and personnel to a near-earth asteroid, setting up a mining base there, and hauling products back for use in cislunar space. In addition, they outlined the needed precursor steps, beginning with expansion of present ground-based programs for finding and characterizing near-earth asteroids and continuing with automated flight missions to candidate bodies. (To limit the summer project's scope the actual design of these flight-mission precursors was excluded.) The main conclusions were that asteroid mining may provide an important complement to the future use of lunar resources, with the potential to provide large amounts of water and carbonaceous materials for use off earth. However, the recovery of such materials from presently known asteroids did not show an economic gain under the study assumptions; therefore, asteroid mining cannot yet be considered a prospective business.
The Canadian Nuclear Safety Commission regulatory process for decommissioning a uranium mining facility

International Nuclear Information System (INIS)

Scissons, K.; Schryer, D.M.; Goulden, W.; Natomagan, C.

2002-01-01

The Canadian Nuclear Safety Commission (CNSC) regulates uranium mining in Canada. The CNSC regulatory process requires that a licence applicant plan for and commit to future decommissioning before irrevocable decisions are made, and throughout the life of a uranium mine. These requirements include conceptual decommissioning plans and the provision of financial assurances to ensure the availability of funds for decommissioning activities. When an application for decommissioning is submitted to the CNSC, an environmental assessment is required prior to initiating the licensing process. A case study is presented for COGEMA Resources Inc. (COGEMA), who is entering the decommissioning phase with the CNSC for the Cluff Lake uranium mine. As part of the licensing process, CNSC multidisciplinary staff assesses the decommissioning plan, associated costs, and the environmental assessment. When the CNSC is satisfied that all of its requirements are met, a decommissioning licence may be issued. (author)
EuGH: Innocuousness of the nuclear fuel tax according to the European community law; EuGH: Europarechtliche Unbedenklichkeit der Kernbrennstoffsteuer

Energy Technology Data Exchange (ETDEWEB)

Anon.

2015-08-14

The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.
International mining forum 2004, new technologies in underground mining, safety in mines proceedings

Energy Technology Data Exchange (ETDEWEB)

Jerzy Kicki; Eugeniusz Sobczyk (eds.)

2004-01-15

The book comprises technical papers that were presented at the International Mining Forum 2004. This event aims to bring together scientists and engineers in mining, rock mechanics, and computer engineering, with a view to explore and discuss international developments in the field. Topics discussed in this book are: trends in the mining industry; new solutions and tendencies in underground mines; rock engineering problems in underground mines; utilization and exploitation of methane; prevention measures for the control of rock bursts in Polish mines; and current problems in Ukrainian coal mines.
[Assisted human reproduction techniques: determination of parentage and users in comparative law].

Science.gov (United States)

Germán Zurriaráin, Roberto

2011-01-01

The paper undertakes the determination of parentage and users of assisted reproduction techniques in comparative law, particularly in three European Union countries: Italy, France and Spain. The idea of artificially conceived child protection, present in the Italian provision, is substituted, partially in French law, and totally in Spanish law, by an exclusively individualistic outlook, configuring a true ″right to maternity″ for married women and for those not living with a male partner (single women, divorced or widowed) or with a female partner (lesbians), and for women inseminated artificially by the semen of the husband before or after their death, and for women already having culminated their fertile life.
The order for enforcing the law concerning indemnification of nuclear damage

International Nuclear Information System (INIS)

1980-01-01

The cabinet ordinance is established under the law concerning the indemnification for atomic energy damages. The matters stipulated by the ordinance in the law include the following matters: the operation of reactors; the processing of nuclear fuel materials, such as uranium 235, specified uranium and its compounds, plutonium and its compounds, etc.; reprocessing; the employment of such nuclear fuel materials; the transportation, storage and disposal of such materials, particular spent fuels and the things contaminated by nuclear fuel materials, which occur according to the operation of reactors and other practices above mentioned. The amounts of indemnification are respectively 10 billion yen for the operation of reactors whose thermal outputs are more than 10,000 kilowatts and reprocessing, 2 billion yen for the operation of reactors whose thermal outputs are more than 100 kilowatts and less than 10,000 kilowatts and the transportation of spent fuel accompanying the operation of reactors or reprocessing, 200 million yen for the operation of reactors whose thermal outputs are less than 100 kilowatts, and the processing and employment of nuclear fuel materials, the transportation of nuclear fuel materials accompanying the operation of reactors, and the processing, reprocessing and employment of nuclear fuel materials. The payment of casualty indemnification includes that according to the provisions of the government official casualty indemnification law and that due to official causes under the provisions of the seamen insurance law. (Okada, K.)
Environmental compatibility investigation of the Garzweiler II open cast mine project

International Nuclear Information System (INIS)

Oster, A.; Gaertner, D.

1994-01-01

Based on an EEC directive, the law on the investigation of ecological compatibility came into force in 1990. With the application of these European directives in national law, investigations to determine the ecological compatibility must now be carried out for projects to exploit brown coal. In this connection and in conjunction with the licensing procedure for Garzweiler II, Rheinbraun in 1992 for the first time compiled data on the investigations carried out to determine the ecological compatibility of an open cast mine. The data on these investigations include information on the necessity of the open cast mine and on alternative projects that have been examined, as well as a description of the project in question as regards its nature and extent. As far as the legally specified protected objects are concerned, i.e. people, water, air, nature (animals and plants, soil, climate and landscape) as well as cultural and other material objects, itemized data are furnished on the development and effects of the project and on countermeasures and the planned traffic and transport concept. (orig.) [de

The law concerning liability for nuclear damage

International Nuclear Information System (INIS)

Kinouchi, Kazuo

1978-01-01

This treatise outlines the Law on Compensation for Nuclear Damage (Law No. 147, June 17, 1961) and the Law on Indemnity Agreement for Compensation of Nuclear Damage (Law, No. 148, June 17, 1961) which are both came into effect in March, 1962, and describes how these laws will be executed if an accident occurs actually in nuclear facilities. The first law which prescribes various provisions for compensation of nuclear damage is characterised as having the principle of no-fault liability and hence making a nuclear enterpriser responsible for securing adequate financial resources to indemnify general public for their damages from nuclear accidents. Thus, in compliance with the law a nuclear enterpriser should effect both the contract of the indemnity responsible insurance and the indemnity agreement for compensation of nuclear damage. The second law deals with the indemnity agreement which is concluded by a nuclear enterpriser with the government and constitutes a full measure for compensation of nuclear damage supplementing the indemnity responsible insurance. The indemnity agreement is to insure compensation liabilities for nuclear damages which the indemnity responsible insurance can not cover-that is, damages caused by earthquakes and volcanic eruptions, and also damages from normal operations of nuclear facilities and those occurs after 10 years of an accident. Then, the author describes in detail how these laws apply in a nuclear accident to damages to third parties and those to facilities of related nuclear enterpriser himself and to his employees. Finally, the author refers to the legal systems for compensation of nuclear damage in the United States, Britain, France and West Germany. (Matsushima, A.)
Code of practice on the management of radioactive wastes from the mining and milling of radioactive ores 1982

International Nuclear Information System (INIS)

Anon.

1982-01-01

This Code, issued by the Department of Home Affairs and Environment, was formulated under the provisions of the Environment Protection (Nuclear Codes) Act 1978. The Code provides for prior development, approval and subsequent updating of a waste management programme for each mining or milling operation to which it applies, for the purpose of ensuring an approach to waste management best suited to the particular circumstances of each operation. It also prescribes the duties of the owners, operators and managers of mines and mills. (NEA) [fr
78 FR 9573 - Delegation of Authority To Suspend the Provisions of Title III of the Cuban Liberty and...

Science.gov (United States)

2013-02-08

... Authority To Suspend the Provisions of Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD... Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 22 U.S.C. 6021-6091), as...
Copyright Law in Australia--Fair Dealing for Research or Study Purposes.

Science.gov (United States)

Khan, Anwar (Andy); Hancock, Philip

2001-01-01

Explores several issues involving provisions of the Australian copyright law that allow for "fair dealing for the purpose of research and study" in the use of copyrighted materials. Discusses liability of libraries for improper oversight of illegal photocopying of books and other copyrighted materials. Reviews recent efforts to improve…
Sustainable Mining Environment: Technical Review of Post-mining Plans

Directory of Open Access Journals (Sweden)

Restu Juniah

2017-12-01

Full Text Available The mining industry exists because humans need mining commodities to meet their daily needs such as motor vehicles, mobile phones, electronic equipment and others. Mining commodities as mentioned in Government Regulation No. 23 of 2010 on Implementation of Mineral and Coal Mining Business Activities are radioactive minerals, metal minerals, nonmetallic minerals, rocks and coal. Mineral and coal mining is conducted to obtain the mining commodities through production operations. Mining and coal mining companies have an obligation to ensure that the mining environment in particular after the post production operation or post mining continues. The survey research aims to examine technically the post-mining plan in coal mining of PT Samantaka Batubara in Indragiri Hulu Regency of Riau Province towards the sustainability of the mining environment. The results indicate that the post-mining plan of PT Samantaka Batubara has met the technical aspects required in post mining planning for a sustainable mining environment. Postponement of post-mining land of PT Samantaka Batubara for garden and forest zone. The results of this study are expected to be useful and can be used by stakeholders, academics, researchers, practitioners and associations of mining, and the environment.
Mining and burden of the past - mercy or bane for a region? Proceedings; Bergbau und Altlasten - Segen und Fluch einer Region? Tagungsband

Energy Technology Data Exchange (ETDEWEB)

Helling, Claudia (comp.)

2008-10-29

The volume contains 21 contributions covering the following topics: mining remediation in eastern Germany; brown coal mining area remediation in the Lausitz, the reference project WISMUT: remediation of uranium mining areas; cases of old environmental damage due to coal processing; sulfate in the ground water in the Lausitz; potential hazard of the black coal stockpiles in Sachsen (Saxonia); natural pollutants reduction processes in mining regions; microbial sulfate reduction as remediation measure in contaminated mining areas; use of hydrogeological models; process oriented laboratory experiments concerning leachate behaviour; passive biological treatment of leakage water from the WISMUT stockpile 371; planning of a mine water treatment installation for the Vietnamese anthracite mining; remediation measures for the uranium mining and uranium ore processing in Mailuu-Suu (South Kirgistan); consequences of the German radiation protection law amendment on the evaluation of terminated Mining remediation projects.
Natural γ radioactivity and its modifications by uranium mining in southern Brittany and Vendee, France

International Nuclear Information System (INIS)

Barbaroux, L.

1985-01-01

Uranium mining has increased the gamma radioactivity by up to 80 times in some areas. The activity also varies, by a factor of 5, with rock composition. The most important problems arise from the dispersion of unshielded radioactive material and the lack of rehabilitation of old mining areas. The continued existence of these problems reveals the inadequacy of existing laws, the past absence of social responsibility and a serious gap in the measures for the protection of public health. (author)
Abortion law across Australia--A review of nine jurisdictions.

Science.gov (United States)

de Costa, Caroline; Douglas, Heather; Hamblin, Julie; Ramsay, Philippa; Shircore, Mandy

2015-04-01

This article reviews the current legal status of abortion in Australia and its implications. Australian abortion law has been a matter for the states since before Federation. In the years since Federation there have been significant reforms and changes in the abortion laws of some jurisdictions, although not all. Across Australia there are now nine sets of laws, state and Commonwealth, concerned with abortion. The test of a lawful abortion varies greatly across jurisdictions. In a number of states and territories, it is necessary to establish a serious risk to the physical or mental health of the woman if the pregnancy was to continue. In some cases, the certification of two doctors is required, particularly for abortions at later gestations. There are also physical restrictions on access, such as in South Australia and the Northern Territory where abortion must take place in a hospital. Only in the ACT has abortion been removed from the criminal law altogether. Variations in the law and restrictions arising from these are not consistent with the aims and provision of the universal, accessible health care system aspired to in Australia. There is an urgent need for overall reform and the introduction of uniformity to Australia's abortion laws, including removal of abortion from the criminal law. © 2015 The Royal Australian and New Zealand College of Obstetricians and Gynaecologists.
Contract Mining versus Owner Mining

African Journals Online (AJOL)

Owner

mining companies can concentrate on their core businesses while using specialists for ... 2 Definition of Contract and Owner. Mining ... equipment maintenance, scheduling and budgeting ..... No. Region. Amount Spent on. Contract Mining. ($ billion). Percent of. Total. 1 ... cost and productivity data based on a large range.
Atomic energy law after the opt-out. Alive and fascinating. Report about the 14{sup th} German atomic energy law symposium 2012; Atomrecht nach dem Ausstieg. Lebendig und spannend. Tagungsbericht 14. Deutsches Atomrechtssymposium 2012

Energy Technology Data Exchange (ETDEWEB)

Leidinger, Tobias [Gleiss Lutz Rechtsanwaelte, Duesseldorf (Germany)

2013-01-15

Atomic energy law remains a living, fascinating subject matter. Nearly 200 participants were convinced of this impression at the 14{sup th} German Atomic Energy Law Symposium held in Berlin on November 19-20, 2012. Under the scientific chairmanship of Professor Dr. Martin Burgi, Ludwig Maximilian University of Munich, the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU), after an interruption of 5 years, again organized a scientific conference about practice-related topics of atomic energy and radiation protection law. Atomic energy law once again proved to be a reference area for sophisticated issues of constitutional law and administrative law above and beyond its technical confines. The agenda of the 14{sup th} German Atomic Energy Law Symposium featured a broad spectrum of topics ranging from backfitting of nuclear power plants to European atomic energy and radiation protection law, to challenges facing national legal systems in the execution of atomic energy law, to legal issues connected with decommissioning and waste management, and on to the topical subject of finding a repository site. The 14{sup th} German Atomic Energy Law Symposium, on the whole, again demonstrated that an open discourse between science and practice is able to furnish important contributions to the implementation of laws in a balanced way rooted in practice. Especially the contributions dealing with the independence of public authorities and their organization, the doctrine of the reservation of functions of the executive branch, and planning by laws contain additional provisions able to influence the continued development of administrative law also above and beyond atomic energy law. The BMU also referred to a decision just heard from Brussels to the effect that a new European Safety Directive would be published as early as in 2013. As a consequence of the nuclear stress tests conducted EU-wide, the Directive is to lay down provisions about
Optimization of mining design of Hongwei uranium mine

International Nuclear Information System (INIS)

Wu Sanmao; Yuan Baixiang

2012-01-01

Combined with the mining conditions of Hongwei uranium mine, optimization schemes for hoisting cage, mine drainge,ore transport, mine wastewater treatment, power-supply system,etc are put forward in the mining design of the mine. Optimized effects are analyzed from the aspects of technique, economy, and energy saving and reducing emissions. (authors)
The Ne Bis in Idem Principle in the Enforcement of EU Competition Law

OpenAIRE

Nguyen, Linda

2013-01-01

The current EU competition law enforcement regime was created by Regulation 1/2003 which entered into force on 1 May 2004. In essence, the system is based on a decentralised model where the European Commission and national competition authorities have parallel competences to apply EU competition provisions. National competition authorities and courts are obliged to apply Articles 101 and 102 TFEU whenever they apply national competition law to anti-competitive conduct which may affect trade b...
Survey of Insurance Fraud Detection Using Data Mining Techniques

OpenAIRE

Sithic, H. Lookman; Balasubramanian, T.

2013-01-01

With an increase in financial accounting fraud in the current economic scenario experienced, financial accounting fraud detection has become an emerging topics of great importance for academics, research and industries. Financial fraud is a deliberate act that is contrary to law, rule or policy with intent to obtain unauthorized financial benefit and intentional misstatements or omission of amounts by deceiving users of financial statements, especially investors and creditors. Data mining tec...
Southern states radiological emergency response laws and regulations

International Nuclear Information System (INIS)

1989-07-01

The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary
A First Nations-led social innovation: a moose, a gold mining company, and a policy window

Directory of Open Access Journals (Sweden)

Daniel D. P. McCarthy

2014-12-01

combined with several other factors, including: (1 the high price of gold; (2 a mining company seeking to demonstrate corporate social responsibility to repair its international reputation with indigenous peoples by supporting an innovative, local Indigenous-led initiative; and (3 a new policy context, including Supreme Court of Canada decisions and provisions in the updated Ontario Mining Act, that require meaningful consultation with indigenous peoples has led to the emergence of a indigenous peoples-led collaborative, social innovation. This policy window allowed for the formation of an unprecedented council of indigenous knowledge holders (elders and traditional practitioners to help inform mine restoration and practice as well as to foster the resurgence of traditional language and culture in local indigenous communities. Here, we document this unprecedented social change opportunity.
Provisions against damage in permits of environment-related large facilities

International Nuclear Information System (INIS)

Wagner, H.

1980-01-01

The author in detail covers the legal treatment of technological risks, especially the roles played by experts and those applying the law, when it comes to the application of uncertain legal terms and criteria of evaluating the principle of provision for damage. He finds that an increasingly more important role was played by the legal evaluation of risks stemming from large technical facilities, in addition to the (socio-)political assessment of the consequences of technologies. For risk assessment, engineers had a primary responsibility, but the evaluation of risk in an overall process of weighing legal assets was a responsibility of lawyers. The residual risk to be tolerated legally (without the compulsory need to make provisions for damage) was to be determined by weighing legal assets, by the principle of adequacy, and by comparative risk assessment. (HSCH) [de
Woody vegetation and succession on the Fonde surface mine demonstration area, Bell County, Kentucky

International Nuclear Information System (INIS)

Wade, G.L.; Thompson, R.L.

1999-01-01

The long term impact of surface mining on vegetation and plant succession has always been of concern to environmentalists and residents of Appalachia. The Fonde Surface Mine Demonstration Area is a 7.3-ha, NE-NW-aspect contour coal mine at an elevation of 562 m. It was reclaimed in 1965 to show state-of-the-art surface mine reclamation techniques consistent with then-current law and regulations after coal mining in 1959 and 1963. The mine spoils were lightly graded to control erosion and crates a bench with water control and two sediment ponds. Soil pH ranged from 2.8 to 5.9. About 80 percent of the mine was planted with 18 tree and shrub species including plantations of mixed pine, mixed hardwoods, black locust, and shrubs for wildlife. In a complete floristic inventory conducted 25 years later, the authors found the woody flora consisted of 34 families, 53 genera, and 70 species including 7 exotics. This inventory of the Fonde mine shows that a diverse forest vegetation can be reestablished after extreme disturbances in Appalachia. Black locust, yellow poplar, and Virginia pine reproduction varied significantly among plantation types. Canopy tree species significantly affected ground layer cover, total species richness, number of tree seedling species, and total number of tree seedlings present. Mine soil type affected ground layer percent cover and total species richness. Pre-SMCRA (Surface Mining Control and Reclamation Act of 1977) reclaimed and inventoried mines can be used to evaluate biodiversity on post-SMCRA mines
Woody vegetation and succession on the Fonde surface mine demonstration area, Bell County, Kentucky

Energy Technology Data Exchange (ETDEWEB)

Wade, G.L.; Thompson, R.L.

1999-07-01

The long term impact of surface mining on vegetation and plant succession has always been of concern to environmentalists and residents of Appalachia. The Fonde Surface Mine Demonstration Area is a 7.3-ha, NE-NW-aspect contour coal mine at an elevation of 562 m. It was reclaimed in 1965 to show state-of-the-art surface mine reclamation techniques consistent with then-current law and regulations after coal mining in 1959 and 1963. The mine spoils were lightly graded to control erosion and crates a bench with water control and two sediment ponds. Soil pH ranged from 2.8 to 5.9. About 80 percent of the mine was planted with 18 tree and shrub species including plantations of mixed pine, mixed hardwoods, black locust, and shrubs for wildlife. In a complete floristic inventory conducted 25 years later, the authors found the woody flora consisted of 34 families, 53 genera, and 70 species including 7 exotics. This inventory of the Fonde mine shows that a diverse forest vegetation can be reestablished after extreme disturbances in Appalachia. Black locust, yellow poplar, and Virginia pine reproduction varied significantly among plantation types. Canopy tree species significantly affected ground layer cover, total species richness, number of tree seedling species, and total number of tree seedlings present. Mine soil type affected ground layer percent cover and total species richness. Pre-SMCRA (Surface Mining Control and Reclamation Act of 1977) reclaimed and inventoried mines can be used to evaluate biodiversity on post-SMCRA mines.
Danger defence and risk provision in nuclear law

International Nuclear Information System (INIS)

Breuer, R.

1978-01-01

Starting from the atomic-law term of danger, which is defined as a product of likeliness and volume of damage, the author comments upon the decisive and, as to date, unsolved question of which degree of likeliness a possible course of events must have in order to be taken into consideration as a danger that must be averted. In doing this, it is stressed that the most important point is to find a rationally practicable standard of likeliness or unlikeliness. This standard is then developed from the deterministical point of view. It corresponds with the postulate that effective precautions must be taken against all known causes for incidents and accidents. A standard of practical ratio results from this: damage does not have to be taken into consideration any longer if, due to the precautions taken and the knowledge level of the leading scientists and technicians, if it is not likely to occur. In addition to this preventive protection from danger, paragraph 7, Sec.2 No.3 Atomic Energy Act stipulates another risk under the reservation of precaution, however the technical possibility of realization and the relativity of expenditure and benefit. With regard to these criteria, the author gives his opinion on the judgements of the administrative courts in Wuerzburg and Freiburg which, starting from the same principles, have different points of view on the question of the so-called rupture safety in nuclear power plants. (UN) [de
Should the Red Dragon arise? Assessing China's options vis-à-vis the enactment of a domestic space resources utilization law

Science.gov (United States)

Hao, L.; Tronchetti, F.

2017-05-01

The past couple of years have witnesses one of the most exciting, yet controversial, developments in the field of space law, namely the adoption of domestic laws authorizing the (private) appropriation and utilization of outer space resources. Even though the technology to effectively mine resources in outer space is still under development countries like the United States and Luxembourg have taken this legislative step as a mean to promote the growth of a domestic private space mining sector. The enactment of national space resources utilization laws has generated extensive interest both within academic circles and official fora, such as the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). In this context, several countries have expressed their opinion about these initiatives, by often criticizing their legality vis-a-vis international space law. Despite this remarkable level of interest there is a country that throughout this process has maintained a low profile, namely China. Indeed, China has neither reacted to the US and Luxembourgish moves nor has officially commented on the lawfulness of domestic space mining laws. This conduct is particularly relevant not only in the light of the growing importance of the Chinese space program but also if one considers that China is the country most involved in the exploration and study of celestial bodies and their resources, particularly the Moon. For this reasons it would have been legitimate to expect China to have a more engaged behavior. However, China has acted otherwise. It seems thus worth evaluating whether China should maintain this 'wait and see' approach or should instead switch towards a more assertive position, both internationally and domestically, especially one which includes the adoption of a space resources utilization act.

Radiation protection of workers in the mining and milling of radioactive ores. Code of practice and technical addendum. 1983 ed

International Nuclear Information System (INIS)

1983-01-01

This Code of Practice sets forth the means of ensuring protection against ionizing radiation for workers engaged in mining and milling of radioactive ores: general provisions outlining the responsibilities of the employer and the worker, limits of radiation exposure, administrative organization of radiation protection, radiation surveillance, engineering and administrative protective measures and medical surveillance. It is designed to facilitate the preparation and adoption of national and local regulations and factory rules for radiation protection in mining and milling of radioactive ores.
Deforestation in Decentralised Indonesia: What's Law Got to Do with it?

Directory of Open Access Journals (Sweden)

Luke Lazarus Arnold

2008-09-01

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

Data.gov (United States)

NSGIC Education | GIS Inventory — Coal mining has occurred in Pennsylvania for over a century. A method of coal mining known as Longwall Mining has become more prevalent in recent decades. Longwall...
Islamic Family Law Enactment 1987 (No. 3 of 1987), 20 May 1987.

Science.gov (United States)

1988-01-01

This Islamic Family Law Enactment of Pahang, Malaysia, is based on the model of the Islamic Family Law (Federal Territory) Act, 1984 (Annual Review of Population Law, Vol. 11, 1984, Section 250). It differs from that Law in the following major respects: 1) marriages between Muslims and non-Muslims are prohibited; 2) a wali Hakim (special guardian appointed by the Sultan) is authorized to consent to marriage if the wali (guardian) of the bride unreasonably withholds consent; 3) the grounds for divorce are fewer (failure to maintain and cruelty being omitted), although there is a general provision allowing divorce for any ground that is recognized as valid by Islamic law; 4) a son is to be maintained until the age of 15, not 18; and 5) a religious court, rather than a civil court, may order a putative father to maintain his illegitimate child. full text
Protection of personality rights in civil law

Directory of Open Access Journals (Sweden)

Simonović Ivana

2014-01-01

Full Text Available Personality rights have long been described as the youngest member of the civil law family of absolute subjective (individual civil rights. By establishing these rights, an individual is guaranteed full and direct legal authority and control over one's personal assets, which include the most important human values such as: life, integrity, dignity and privacy. The ultimate importance of these personal assets is supported by appropriate legal protection of personality rights, which have been guaranteed in numerous provisions of constitutional law, civil law, criminal law and administrative law. The legal protection of personality rights stems from the understanding that a human being cannot be reduced to a biological entity; being part of the community, man is also a social being. Taking into account constant interactions and mutual relations between members of the society, man should be guaranteed certain rights. It primarily implies the guaranteed right to inviolability of one's personality, which is the basis for generating other personality rights. These rights are inherent, inalienable and absolute in terms of their effects; as such, they provide protection from the interference of the state and any third party. Focusing on the rules of civil law, the authors have explored the potentials and the scope of legal protection of personality rights provided by awarding a civil sanction. Although civil sanction is basically monetary sanction, it is deemed to be quite appropriate for the protection of personal (non-patrimonial assets.
The risks of liability for former mine operators: the implementation of a plan for preventing legal risks

International Nuclear Information System (INIS)

Martinet, Y.

2004-01-01

Shutting down mines has 'mechanically' increased the risks of cave-ins. The local (communal and/or departmental) administrations responsible for supervising the situation do not necessarily have the means for managing shafts and tunnels. For this reason, two acts were passed in 1994 and 1999 to reform how mines are managed after shutdowns. Managing post-mining operations has spawned lawsuits against former operators, even though they shut down their mines in compliance with the laws and regulations in force at the time. By virtue of these two acts, administrative authorities are now trying to make the former operators fill in shafts and tunnels. Moreover, individuals often try to obtain compensation for the damages caused by shut-down mines. This situation causes uncertainty for various parties; and the legal settlements being proposed are not sufficiently clear. Information is provided for thinking about how to implement a 'legal risk prevention plan', which former mine operators should bear in mind. (author)
Evaluation of technical risks in the application of the law

International Nuclear Information System (INIS)

Sellner, D.

1982-01-01

The problems of definition -''hazard'', ''remaining risk''- will directly lead to the attempt to present the fundamental problems of risk assessment with which the administration of law is confronted. The differing tasks of the executive and the judiciary will also, by their very nature, influence the constellation of problems such as they appear in varying shades. Central to this question in the attempt to practically fulfill the formula of ''measure of practical-minded common sense'', as expressed by the Federal Constitutional Court. The focal point of difficulties centers were around the problems of atomic energy laws. Only in very few cases will if be possible to draw a parallel with the legal provisions governing the licensing of plants subject to the airborne pollution control laws; (BImSchG). (orig./HSCH) [de
76 FR 16703 - Small Business Jobs Act Tour: Selected Provisions Having an Effect on Government Contracting

Science.gov (United States)

2011-03-25

... entrepreneurs and small business owners. The new law also contained numerous provisions to help enhance small... the President in April 2010 to identify ways in which to increase small business participation in the... lending policy, processing, and oversight. Room 3--EXPORTING Discussion of new exporting tools: increased...
The management of radioactive materials and wastes. Implementation of the June 28, 2006 law

International Nuclear Information System (INIS)

Branche, Th.

2009-07-01

This series of slides recalls, first, the 3 axes of the French law from June 28 2006 about the sustainable management of radioactive materials and wastes: national policy of management (enhanced separation-transmutation, deep geologic disposal, storage), transparency and democracy requirements (law from June 13, 2006, researches evaluation by the national commission of evaluation, broadening of the competence field of local committees of information and follow up (CLIS)), economical and financial provisions (new taxes and funds, public subsidies). Then it presents the schedule of the implementation of the law (regulatory corpus, reports, agreement with other countries). (J.S.)
Gravity in minesmdashAn investigation of Newton's law

International Nuclear Information System (INIS)

Holding, S.C.; Stacey, F.D.; Tuck, G.J.

1986-01-01

The evidence that the value of the Newtonian gravitational constant G inferred from measurements of gravity g in mines and boreholes is of order 1% higher than the laboratory value is hardened with new and improved data from two mines in northwest Queensland. Surface-gravity surveys and more than 14 000 bore-core density values have been used to establish density structures for the mines, permitting full three-dimensional inversion to obtain G. Further constraint is imposed by requiring that the density structure give the same value of G for several vertical profiles of g, separated by hundreds of meters. The only residual doubt arises from the possibility of bias by an anomalous regional gravity gradient. Neither measurements of gravity gradient above ground level (in tall chimneys) nor surface surveys are yet adequate to remove this doubt, but the coincidence of conclusions derived from mine data obtained in different parts of the world makes such an anomaly appear an improbable explanation. If Newton's law is modified by adding a Yukawa term to the gravitational potential of a point mass m at distance r, V = -(G/sub infinity/m/r)(1+αe/sup -r/lambda/), then the mine data provide a mutual constraint on the values of α and lambda, although they cannot be determined independently. Our results give αroughly-equal-0.0075 if lambda or =10 4 m, with intermediate values of α between these ranges, but values greater than α = -0.010, lambda = 800 m appear to be disallowed by a comparison of satellite and land-surface estimates of gravity
By-law no 010-2005/AN from 26 April 2005 dealing with nuclear security and the protection against ionizing radiation

International Nuclear Information System (INIS)

2005-01-01

The legal text relates to the field of application, the general principles, the administrative provisions, the penal provisions and the transitional and final provisions. The field of application is relating to the definitions of concepts, with the activities of practices - public and private - implying the imports, exports, handling, transport, storage, the materials trade and radioactive substances. The general principles treat exposure to ionizing rays. The administrative provisions treat the creation and attributions of a structure of implementation and management relating to its activities. The penal provisions codify the sanctions and the legal proceedings according to the seriousness of the infringement. As for the transitional provisions and final, they cancel all the former regulations relating to this law [fr
Application for trackless mining technique in Benxi uranium mine

International Nuclear Information System (INIS)

Chen Bingguo

1998-01-01

The author narrates the circumstances achieving constructional target in Benxi Uranium Mine under relying on advance of science and technology and adopting small trackless mining equipment, presents the application of trackless mining equipment at mining small mine and complex mineral deposit and discusses the unique superiority of trackless mining technique in development work, mining preparation work and backstoping
Mining engineer requirements in a German coal mine

Energy Technology Data Exchange (ETDEWEB)

Rauhut, F J

1985-10-01

Basic developments in German coal mines, new definitions of working areas of mining engineers, and groups of requirements in education are discussed. These groups include: requirements of hard-coal mining at great depth and in extended collieries; application of process technology and information systems in semi-automated mines; thinking in processes and systems; organizational changes; future requirements of mining engineers; responsibility of the mining engineer for employees and society.
The Impact of School Accountability Laws on Measures of Trust between Indiana Public School Superintendents and Teacher Union Leaders within the Forum of Mandatory Discussion

Science.gov (United States)

Downs, Philip G.

2012-01-01

This study examines the impact of the school accountability laws "No Child Left Behind" and Indiana's Public Law 221 on Superintendents' perception of their relationship with the Teachers' Union Leader in their mandatory discussion meetings. Both school accountability laws contain provisions for the Indiana's Department of Education to…
Poverty, Productivity, and Public Health: The Effects of "Right to Work" Laws on Key Standards of Living

Science.gov (United States)

Minor, Darrell

2012-01-01

On February 1, 2012, Indiana Governor Mitch Daniels signed a "right to work" (RTW) provision in the state's labor laws, making Indiana the 23rd RTW state in the nation. In addition to becoming the 23rd RTW state in the nation, Indiana is the first in more than a decade to pass a law undermining the ability of unions to organize and…
Assessment of Quantitative Aftershock Productivity Potential in Mining-Induced Seismicity

Science.gov (United States)

Kozłowska, Maria; Orlecka-Sikora, Beata

2017-03-01

Strong mining-induced earthquakes exhibit various aftershock patterns. The aftershock productivity is governed by the geomechanical properties of rock in the seismogenic zone, mining-induced stress and coseismic stress changes related to the main shock's magnitude, source geometry and focal mechanism. In order to assess the quantitative aftershock productivity potential in the mining environment we apply a forecast model based on natural seismicity properties, namely constant tectonic loading and the Gutenberg-Richter frequency-magnitude distribution. Although previous studies proved that mining-induced seismicity does not obey the simple power law, here we apply it as an approximation of seismicity distribution to resolve the number of aftershocks, not considering their magnitudes. The model used forecasts the aftershock productivity based on the background seismicity level estimated from an average seismic moment released per earthquake and static stress changes caused by a main shock. Thus it accounts only for aftershocks directly triggered by coseismic process. In this study we use data from three different mines, Mponeng (South Africa), Rudna and Bobrek (Poland), representing different geology, exploitation methods and aftershock patterns. Each studied case is treated with individual parameterization adjusted to the data specifics. We propose the modification of the original model, i.e. including the non-uniformity of M 0, resulting from spatial correlation of mining-induced seismicity with exploitation. The results show that, even when simplified seismicity distribution parameters are applied, the modified model predicts the number of aftershocks for each analyzed case well and accounts for variations between these values. Such results are thus another example showing that coseismic processes of mining-induced seismicity reflect features of natural seismicity and that similar models can be applied to study the aftershock rate in both the natural and the
Study on structuring the supervision system of coal mine associated with radionuclides in Xinjiang

International Nuclear Information System (INIS)

Feng Guangwen; Jia Xiahui

2012-01-01

Xinjiang is one of China's rich coal provinces (areas) and it accounts for about 40% national coal reserves. In the long-term radioactive scientific research, monitoring and environmental impact assessment works, we found parts of Yili and Hetian's coal was associated with higher radionuclide, and parts of coal seam even reached nuclear mining level. However the laws and regulations about associated radioactive coal mine supervision were not perfect, and the supervision system is still in the exploration. This article mainly started with the coal mine enterprises' geological prospecting reports, radiation environmental impact assessment and monitoring report preparation for environment acceptance checking and supervisory monitoring, controlled the coal radioactive pollution from the sources, and carried out the research of building Xinjiang associated radioactive coal mine supervision system. The establishment of supervision system will provide technical guidance for the enterprises' coal exploitation and cinders using on the one hand, and on the other hand will provide decision-making basis for strengthening the associated radioactive coal mine supervision for Xinjiang environmental regulators. (authors)
Creation of Rules in National and International Business Law: A Non-National Analytical-Synthetic Comparative Method

DEFF Research Database (Denmark)

Henschel, Rene Franz

in changes and alternative expressions of the legal contents of the provision. If the provision is used as a model for preparing national as well as international rules but is changed more or less extensively, the question is whether these rules have to be interpreted and applied in the same way...... This article centres on the impact the CISG Convention has had on the national and international development of law. It focuses on the rules in Art. 35 CISG, as the contents of the provision has gained wide recognition in a number of jurisdictions. However, this recognition has resulted...
Code of Practice on Radiation Protection in the Mining and Processing of Mineral Sands (1982) (Western Australia)

International Nuclear Information System (INIS)

1982-01-01

This Code establishes radiation safety practices for the mineral sands industry in Western Australia. The Code prescribes, not only for operators and managers of mines and processing plants but for their employees as well, certain duties designed to ensure that radiation exposure is kept as low as reasonably practicable. The Code further provides for the management of wastes, again with a view to keeping contaminant concentrations and dose rates within specified levels. Finally, provision is made for the rehabilitation of those sites in which mining or processing operations have ceased by restoring the areas to designated average radiation levels. (NEA) [fr
International Environmental Law and Naval War: The Effect of Marine Safety and Pollution Conventions During International Armed Conflict

Science.gov (United States)

2000-12-01

propulsion was done with military applications in mind: Könz, 57 AJIL (1963), 109; Szasz , 2 JMLC (1971), No. 3, 553. 313 International Environmental Law and...International Environmental Law and Naval War Report Documentation Page Form ApprovedOMB No. 0704-0188 Public reporting burden for the collection of...other provision of law , no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently

The application of section 8(3) of the constitution in the development of customary law values in South Africa's new constitutional dispensation

OpenAIRE

Ntlama, Nomthandazo

2012-01-01

The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was undertaken out of genuine respect for customary law or merely forgotten in section 8(3) of the Constitution. It is argued that the exclusion of customary law from the provision of the section is nothing more than the advancement of the dominant status enjoyed by common law, as was...
Would Enforcing Competition Law Compromise Industry Policy Objectives?

OpenAIRE

Evenett, Simon J.

2005-01-01

One recurring concern in the debate over the efficacy of enacting competition laws in developing countries is that its enforcement may compromise important industrial policy goals. This concern has been raised in regional fora and in multilateral organizations such as the World Trade Organization, where officials have considered the pros and cons of including competition provisions in international trade agreements. However, the concern is broader and often national debates over the merits of...
Infiltration of surface mined land reclaimed by deep tillage treatments

International Nuclear Information System (INIS)

Chong, S.K.; Cowsert, P.

1994-01-01

Surface mining of coal leads to the drastic disturbance of soils. Compaction of replaced subsoil and topsoil resulting from hauling, grading, and leveling procedures produces a poor rooting medium for crop growth. Soil compaction results in high bulk density, low macroporosity, poor water infiltration capacity, and reduced elongation of plant roots. In the United States, Public Law 95-87 mandates that the rooting medium of mined soils have specific textural characteristics and be graded and shaped to a topography similar to premining conditions. Also, crop productivity levels equivalent to those prior to mining must be achieved, especially for prime farmland. Alleviation of compaction has been the major focus of reclamation, and recently new techniques to augment the rooting zone with deep-ripping and loosening equipment have come to the forefront. Several surface mine operators in the Illinois coal basin are using deep tillage equipment that is capable of loosening soils to greater depths than is possible with conventional farm tillage equipment. Information on the beneficial effects of these loosening procedures on soil hydrological properties, such as infiltration, runoff potential, erosion, and water retention, is extremely important for future mined land management. However, such information is lacking. In view of the current yield demonstration regulation for prime farmland and other unmined soils, it is important that as much information as possible be obtained concerning the effect of deep tillage on soil hydrologic properties. The objectives of this study are: (1) to compare infiltration rates and related soil physical properties of mined soils reclaimed by various deep tillage treatments and (2) to study the temporal variability of infiltration and related physical properties of the reclaimed mined soil after deep tillage treatment
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.
Mining Together : Large-Scale Mining Meets Artisanal Mining, A Guide for Action

OpenAIRE

World Bank

2009-01-01

The present guide mining together-when large-scale mining meets artisanal mining is an important step to better understanding the conflict dynamics and underlying issues between large-scale and small-scale mining. This guide for action not only points to some of the challenges that both parties need to deal with in order to build a more constructive relationship, but most importantly it sh...
Optimization of mine ventilation fan speeds according to ventilation on demand and time of use tariff

International Nuclear Information System (INIS)

Chatterjee, Arnab; Zhang, Lijun; Xia, Xiaohua

2015-01-01

Highlights: • DSM techniques are applied to an underground mine ventilation network. • A minimization model is solved to find the optimal speeds of the main mine fan. • Ventilation on demand (VOD) leads to a saving of USD 213160. • The optimal mining schedule, together with VOD, leads to a saving of USD 277035. • According to a case study, a maximum of 2 540 035 kW h can be saved per year. - Abstract: In the current situation of the energy crisis, the mining industry has been identified as a promising area for application of demand side management (DSM) techniques. This paper investigates the potential for energy-cost savings and actual energy savings, by implementation of variable speed drives to ventilation fans in underground mines. In particular, ventilation on demand is considered in the study, i.e., air volume is adjusted according to the demand at varying times. Two DSM strategies, energy efficiency (EE) and load management (LM), are formulated and analysed. By modelling the network with the aid of Kirchhoff’s laws and Tellegen’s theorem, a nonlinear constrained minimization model is developed, with the objective of achieving EE. The model is also made to adhere to the fan laws, such that the fan power at its operating points is found to achieve realistic results. LM is achieved by finding the optimal starting time of the mining schedule, according to the time of use (TOU) tariff. A case study is shown to demonstrate the effects of the optimization model. The study suggests that by combining load shifting and energy efficiency techniques, an annual energy saving of 2 540 035 kW h is possible, leading to an annual cost saving of USD 277035
BIOETHICAL SENSIBILITY OF THE LAW ON PROTECTION OF PERSONS WITH MENTAL DIFFICULTIES

Directory of Open Access Journals (Sweden)

Velinka Grozdanić

2017-01-01

Full Text Available A more and more obvious gap between the human spiritual development, which mostly stagnates, and often even regresses, and the technological development of society, which intensively and unstoppably grows, has been the initiation of numerous bioethical discussions that cover a wide range of topics, i.e. from a concern for a man and his health to a concern for nature and preservation of life in general. No matter the fact that numerous ethical discussions, which highlighted the last decade, have resulted with commonly accepted principles, several ethical issues were left without clear and unambiguous solutions. Within this context, the legal regulations expected to protect persons from unacceptable and harmful actions, but at the same time not to present an obstacle to scientific and technological development of society, have gained a special meaning. This is a significant challenge due to the fact that through statutory provisions we need to reach a balance between the freedom of scientific research and protection of a man. Although ethical dilemmas follow almost every field of human actions, bioethical contents are especially associated with the unimaginable technological achievements in medicine. Thereby, persons with mental difficulties, as one of the most vulnerable groups of patients, demand a highlighted bioethical sensibility within the meaning of humanity, understanding and enhanced awareness when ethically questionable medical procedures are applied on them, and especially when these patients are included in, sometimes even hazardous, biomedical researches. A basic protective mechanism for this category of persons in the Republic of Croatia is the Law on Protection of Persons with Mental Difficulties. The Law establishes a clear legal framework to proceed with actions designated for persons with mental difficulties, and certain legal provisions embodied within the Law could be considered a quite concrete answer to numerous ethical
Disposal and improvement of contaminated by waste extraction of copper mining in chile

Science.gov (United States)

Naranjo Lamilla, Pedro; Blanco Fernández, David; Díaz González, Marcos; Robles Castillo, Marcelo; Decinti Weiss, Alejandra; Tapia Alvarez, Carolina; Pardo Fabregat, Francisco; Vidal, Manuel Miguel Jordan; Bech, Jaume; Roca, Nuria

2016-04-01

This project originated from the need of a mining company, which mines and processes copper ore. High purity copper is produced with an annual production of 1,113,928 tons of concentrate to a law of 32%. This mining company has generated several illegal landfills and has been forced by the government to make a management center Industrial Solid Waste (ISW). The forecast volume of waste generated is 20,000 tons / year. Chemical analysis established that the studied soil has a high copper content, caused by nature or from the spread of contaminants from mining activities. Moreover, in some sectors, soil contamination by mercury, hydrocarbons and oils and fats were detected, likely associated with the accumulation of waste. The waters are also impacted by mining industrial tasks, specifically copper ores, molybdenum, manganese, sulfates and have an acidic pH. The ISW management center dispels the pollution of soil and water and concentrating all activities in a technically suitable place. In this center the necessary guidelines for the treatment and disposal of soil contamination caused by uncontrolled landfills are given, also generating a leachate collection system and a network of fluid monitoring physicochemical water quality and soil environment. Keywords: Industrial solid waste, soil contamination, Mining waste
Domestic uranium mining and milling industry 1991

International Nuclear Information System (INIS)

1992-12-01

This report was prepared by the Energy Information Administration to provide the Secretary of Energy with basic data and analyses for ninth annual determination of the viability of the domestic uranium mining and milling industry. A viability determination is required annually, for the years 1983 through 1992, by Section 170B of the Nuclear Regulatory Commission (NRC) Authorization Act of 1983, Public Law 97-415, which amend the Atomic Energy Act of 1954. Topics include: evolution of the U.S. uranium industry; nuclear power requirements and uranium industry projections; and attributes of industry viability
Need for consent of a law extending the operating life of nuclear power plants

International Nuclear Information System (INIS)

Degenhart, Christoph

2010-01-01

The article deals with the question whether a law extending nuclear power plant life beyond the residual periods of time laid down in the law of April 22, 2002 requires consent of the Federal Council. The Atomic Energy Act needed the consent of the Federal Council pursuant to Article 87c, Basic Law, as its Section 24 determines that central functions of licensing and supervision be exercised by the federal states on behalf of the Federal Government. This has not changed after the current version of the norm. Increasing the residual quotas of electricity by amending Annex 3 of Sec.7, Para.1a, Atomic Energy Act, per se does not require consent. This is a substantive provision. Sec.24, Atomic Energy Act, does not need to be amended. The Federal Council, which consented to the original legislation, thus does not bear continued responsibility for the law. Every law must be treated as a separate entity in terms of legislative method. The Federal Council, with its first consent to the piece of legislation, ''approves'' this systemic shift. Renewed consent is required only in case of another systemic shift. This is the case when the provision about administrative responsibility takes on a very different meaning and impact no longer supported by the earlier consent. According to decisions by the Federal Constitutional Court, this expressly applies also to administration by commission. What is required is a comparison of administrative duties before and after entry into force of the amending law; mere quantitative shifts of administrative burdens do not cause a systemic shift. Whether the inclusion of backfitting obligations would be associated with regulations in administrative procedures has not been decided. In its ruling of May 4, 2010, the Federal Constitutional Court confirms that these do not require consent within the framework of Art.85 Para.1, Basic Law. (orig.)
Report on the behalf of sustainable development and land planning commission of a bill aiming at prohibiting the exploration and exploitation on non conventional hydrocarbons, at abrogating exclusive search permits for non conventional hydrocarbon mines, and to ensure more transparency in the mining code; Rapport fait au nom de la Commission du Developpement Durable et de l'Amenagement du Territoire sur la proposition de loi, visant a interdire l'exploration et l'exploitation des hydrocarbures non conventionnels, a abroger les permis exclusifs de recherche de mines d'hydrocarbures non conventionnels et a assurer plus de transparence dans le code minier (n. 3690)

Energy Technology Data Exchange (ETDEWEB)

Chanteguet, J.P.

2011-07-01

In the first part of this report, the author (from the opposition party) outlines the opacity of the attribution procedure defined in the mining code for search permits, the lack of recognition of the citizen mobilization, and the inefficient and inapplicable character of the law of 2001 on the search for non conventional hydrocarbon mining sites. In the second part, the author outlines the need for an environment-friendly energy strategy, while recalling the necessity of protection of the environment when exploiting subsoils, the necessity of implementing an energy transition, and the necessity to reform the mining law. The discussion of the commission about the bill articles is reported
Realising social justice in public health law.

Science.gov (United States)

Fox, Marie; Thomson, Michael

2013-03-01

Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.
Handbook on Nuclear Law: Implementing Legislation (Spanish Edition)

International Nuclear Information System (INIS)

Stoiber, C.; Cherf, A.; Tonhauser, W.; Vez Carmona, Maria de Lourdes

2012-01-01

In 2003, the IAEA published the Handbook on Nuclear Law (the 2003 Handbook), which emphasized that the safe and peaceful uses of nuclear energy in any State can only be ensured with the promulgation and implementation of an effective national legal framework to govern this technology. The IAEA has long been involved in providing assistance to its Member States in developing these frameworks, and demand for such assistance has increased dramatically. Since publication of the 2003 Handbook, requests for IAEA legislative assistance have - if anything - been even more numerous, in large part due to the fact that over sixty Member States that currently do not utilize nuclear energy for the production of electrical power have recently expressed interest in pursuing this option. The current nuclear laws in many of these States are limited to non-power uses of ionizing radiation, such as those utilizing radiation sources for medical, agricultural and industrial purposes. If these States move toward nuclear power development, they will need to adopt legislation consistent with the various relevant international legal instruments covering the field (such as the Convention on Nuclear Safety and the Convention on the Physical Protection of Nuclear Material, among others) and with relevant voluntary guidance documents developed under the aegis of the IAEA. The 2003 Handbook has already made an important contribution to enhancing national capabilities to develop the necessary legal frameworks by setting out the general scheme of nuclear law. However, a number of important developments in nuclear law have occurred since its publication. These developments are discussed in the present volume. Also, over the past six years, representatives of many Member States receiving IAEA legislative assistance have suggested that it would be valuable to develop model texts of legislative provisions covering the key elements needed in a national nuclear law. The present volume provides such
Author’s contract in the Albanian copyright law

Directory of Open Access Journals (Sweden)

Oltion Spiro

2016-03-01

Full Text Available The relation between the author and his/her artistic creation is very specific and at the same time a strong one. Such relation defies any property and affective connection that an individual may have with an object (Caron, 2011, 25. Copyright constitutes precisely the legal embodiment of the author’s intimate relationship with his/her work. Copyright is a plurality of legal provisions that belongs to the author of the work, in order to protect his/her ownership and eventually the commercial exploitation of such work. In this context, the author, through legal provisions and international conventions duly ratified by Albania, enjoys a relevant legal arsenal in order to defend his/her artistic works so that such works may have a live of its own (Vivant & Bruguière 2009, 23. One of these legal measures is the contract, which in legal doctrine is well known as the author’s contract. By means of such contract, the author has the right to distribute, reproduce, license or certify rights related to his/her artistic work. In this regard, the contract is an irreplaceable tool in the hands of the author to distribute the work and to give it an undeniable value, turning it into one of the most valuable intangible assets in civil circulation. The contract of the author, as the name indicates it, is a contract that obeys to the rules of civil law with respect to the quality of the parties, the characteristics of the object of the contract, its conclusion, the determination of remuneration and the term of duration. On the other hand, it is undeniable that the contract of the author contains rules which are not specifically contemplated by the Civil Code, such as rules relating to the form, interpretation and existence of some sui generis contracts provided in Law 9380 / 2005 “On copyright and related rights” (hereinafter referred to as “Law 9380/2005” or “Law on Copyright” as well as in the Draft Law On Authors Rights (hereinafter referred
78 FR 9038 - Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202...

Science.gov (United States)

2013-02-07

... DEPARTMENT OF DEFENSE Department of the Air Force Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202 and Department of Defense Directive (DODD) 1000.20: U.S. and Foreign Employees of Air America, Inc. Under the provisions of Section 401, Public Law 95-202...
The migration law of overlay rock and coal in deeply inclined coal seam with fully mechanized top coal caving.

Science.gov (United States)

Liu, Jian; Chen, Shan-Le; Wang, Hua-Jun; Li, Yu-Cheng; Geng, Xiaowei

2015-07-01

In a mine area, some environment geotechnics problems always occure, induced by mined-out region such as the subsidence and cracks at ground level, deformation and destruction of buildings, landslides destruction of water resources and the ecological environment. In order to research the migration of surrounding rock and coal in steeply inclined super high seams which used fully mechanized top coal caving, a working face of a certain mine was made as an example, analyzed the migration law of the overlay rock and coal under different caving ratio of fully mechanized top coal caving with numerical simulation analysis. The results suggest that the laws of overlay rock deformation caused by deeply inclined coal seam were different from horizontal coal seam. On the inclined direction, with an increase of dip angle and caving ratio, the vertical displacement of overlay rock and coal became greater, the asymmetric phenomenon of vertical displacement became obvious. On the trend direction, active region and transition region in goaf became smaller along with the increase of mining and caving ratio. On the contrary, the stable region area became greater. Therefore, there was an essential difference between the mechanism of surface movement deformation with deeply inclined coal seam and that with horizontal coal seam.
On the derivation of a creep law from isothermal bore hole convergence

International Nuclear Information System (INIS)

Prij, J.; Mengelers, J.H.J.

1981-01-01

Some analytical as well as numerical aspects relevant to the creep behaviour of cavity-like structures in salt domes are presented. Two finite element models are presented for the modelling of the bore hole configuration, both dealing with the problem of a correct choice of the amount of salts which must be taken into account. A numerical procedure is suggested to derive a material creep law from measured bore hole convergence. This procedure is applied on convergence measurement in the ASSE mine (Germany) leading to a secondary creep law (depsilon/dt)sup(c)=8.8x10 -11 sigmasup(5.5) (sigma in MPa, (depsilon/dt)sup(c) in days -1 ) which describes the transient convergence behaviour correctly. Some questions concerning the uniqueness of the derived creep law are discussed
The Law on Preventive Radiation Protection. A link between environmental protection and civil defence

International Nuclear Information System (INIS)

Roewer, H.

1988-01-01

The Law on Preventive Radiation Protection defines the legal framework of and the measures to be taken for achieving the purpose of the law, with competences being assigned to a variety of authorities of the Bund or Laender. The bill very quickly passed Parliament and this indeed is a very positive result, as the subject is a delicate one, politically speaking, but the disadvantages of the short law-making period are realized when going through the various provisions. There is a lack of exactness regarding terms and definitions, legal systematics, or assignment of competences. Also, lack of clear demarcation of applicability of the law against other laws in this field is likely to pose problems in practice. The article also presents a survey of tasks and competences assigned to the Bund or the Laender, and the relevant authorities concerned. (orig./HSCH) [de
40 CFR 401.12 - Law authorizing establishment of effluent limitations guidelines for existing sources, standards...

Science.gov (United States)

2010-07-01

... effluent limitations guidelines for existing sources, standards of performance for new sources and... ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) EFFLUENT GUIDELINES AND STANDARDS GENERAL PROVISIONS § 401.12 Law authorizing establishment of effluent limitations guidelines for existing sources, standards of performance...
APPLICATION OF COMPLIANCE RULES UNDER THE LAW No. 13.303/2016

Directory of Open Access Journals (Sweden)

Guilherme Maximiano

2017-12-01

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

Implementation of Paste Backfill Mining Technology in Chinese Coal Mines

Science.gov (United States)

Chang, Qingliang; Zhou, Huaqiang; Bai, Jianbiao

2014-01-01

Implementation of clean mining technology at coal mines is crucial to protect the environment and maintain balance among energy resources, consumption, and ecology. After reviewing present coal clean mining technology, we introduce the technology principles and technological process of paste backfill mining in coal mines and discuss the components and features of backfill materials, the constitution of the backfill system, and the backfill process. Specific implementation of this technology and its application are analyzed for paste backfill mining in Daizhuang Coal Mine; a practical implementation shows that paste backfill mining can improve the safety and excavation rate of coal mining, which can effectively resolve surface subsidence problems caused by underground mining activities, by utilizing solid waste such as coal gangues as a resource. Therefore, paste backfill mining is an effective clean coal mining technology, which has widespread application. PMID:25258737
Shutdown and cleanup of the East German uranium ore mining industry

International Nuclear Information System (INIS)

Runge, W.; Boettcher, J.

1994-01-01

In late 1991, the company was changed from SDAG Wismut into a private company (GmbH under German law) with the sole purpose of cleaning up the decommissioned uranium ore mining and dressing plants in such a way that pollutants, contaminated soil, water and air, and other damage to the environment will be removed both from the plant premises and from associated real estate. (orig./HP) [de
Streamlining Defense Acquisition Laws. Report of the Acquisition Law Advisory Panel to the United States Congress. Chapters 1 through 8 and Appendices

Science.gov (United States)

1993-01-01

section 2392 is derived from a long-standing provision of annual Department of Defense Appropriation Acts commonly referred to as the " Maybank Amendment...34 In 1954, Senator Burnett Maybank of South Carolina authored and achieved passage of a law prohibiting Congress from giving economic preference to areas...of high unemployment. With some exceptions, the " Maybank Amendment" has been enforced in DOD ever since.1 Those exceptions occurred in FY83-85 when
A State-by-State Analysis of Laws Dealing With Driving Under the Influence of Drugs

Science.gov (United States)

2009-12-01

This study reviewed each State statute regarding drug-impaired driving as of December 2008. There : is a high degree of variability across the States in the ways they approach drug-impaired driving. : Current laws in many States contain provisions ma...
Report made on behalf of the commission of economic affairs, of environment and national development about the proposals of law: (no.418) from M. Richard Mallie, about various dispositions relative to miners rights and mines, (no.489) from M. Michel Sordi, about various dispositions relative to mines; Rapport fait au nom de la commission des affaires economiques, de l'environnement et du territoire sur les propositions de loi: (no.418) de M. Richard Mallie, portant diverses dispositions relatives aux droits des mineurs et aux mines, (no.489) de M. Michel Sordi, portant diverses dispositions relatives aux mines

Energy Technology Data Exchange (ETDEWEB)

NONE

2003-06-01

This report concerns two proposals of law which have a common concern: warranting the rights of the miners and retired miners after the disappearing of the national association of retired miners management (ANGR), the members of which are the three companies of Charbonnages de France group (French national coal board), today undergoing a progressive shut-down. In this report, it is proposed to merge the contributions of both proposals with the creation of a new national agency for the warranty of the perenniality of miners' rights. It proposes also some necessary adaptations of the structures of Charbonnages de France group and some dispositions aiming at modernizing the French mining law and ensuring the exploitation of solid mineral fuels after the disappearing of the group. (J.S.)
Mining Minds: an innovative framework for personalized health and wellness support

Directory of Open Access Journals (Sweden)

Oresti Banos

2015-10-01

Full Text Available The world is witnessing a spectacular shift in the delivery of health and wellness care. The key ingredient of this transformation consists in the use of revolutionary digital technologies to empower people in their self-management as well as to enhance traditional care procedures. While substantial domain-specific contributions have been provided to that end in the recent years, there is a clear lack of platforms that may orchestrate, and intelligently leverage, all the data, information and knowledge generated through these technologies. This work presents Mining Minds, an innovative framework that builds on the core ideas of the digital health and wellness paradigms to enable the provision of personalized healthcare and wellness support. Mining Minds embraces some of the currently most prominent digital technologies, ranging from Big Data and Cloud Computing to Wearables and Internet of Things, and state-of-the-art concepts and methods, such as Context-Awareness, Knowledge Bases or Analytics, among others. This paper aims at thoroughly describing the efficient and rational combination and interoperation of these modern technologies and methods through Mining Minds, while meeting the essential requirements posed by a framework for personalized health and wellness support.
Law of the Energy Regulatory Commission

International Nuclear Information System (INIS)

1995-01-01

This Decree-Law consist of three chapters each on divided in articles and subsections and came into force in November 1 st., 1995. Chapter I, with the heading 'Nature and Powers', defines the Energy Regulatory Commission as a decentralized organ of the Energy Secretariat with technical and operative autonomy in terms of the law, and establish the conditions for the sell, generation, exportation and importation of electricity with destination to particular and public services. The sell transport, storage and distribution of natural gas, as well as the gas liquefied from petroleum are also considered. Chapter II with the heading 'Organization and duties' establish that the Commission is integrated by five Committee, the President included. The Committee members will deliberate in collegiate manner and the decisions are by majority, having the President a vote of quality. Chapter III for 'General provisions' is related to the lawsuits arises between the Commission and the users of services. (Author)
Code of practice on radiation protection in the mining and milling of radioactive ores 1987

International Nuclear Information System (INIS)

1987-01-01

This Code was formulated under provisions of the Environment Protection (Nuclear Codes) Act 1978 in close consultation with the Governments of the States and the Northern Territory. It is a major revision of the Code of Practice on Radiation Protection in the Mining and Milling of Radioactive Ores (1980), incorporating changes flowing from advances in internationally agreed radiation protection philosophy, and experience gained in Australia in uranium mining and milling operations and the extraction of monazite from mineral sands. The Code specifies the standards, practices, procedures, and measures to prevent or limit risk to employees and to the public from uranium mining and milling, mineral sands operations and extraction of radioactive ores. To assist the industry in meeting the requirements and responsibilities imposed by the Code, guidelines to the former Code will be reviewed and, if appropriate, revised. New guidelines to assist compliance with changed requirements will also be prepared. The Act provides for the revision of codes of practice. The Code of Practice on Radiation Protection in the Mining and Milling of Radioactive Ores (1987) will be reviewed from time to time and revised if necessary to ensure that the highest standards of radiation protection in the mining and milling of radioactive ores are maintained
Code of practice on radiation protection in the mining and milling of radioactive ores 1987

Energy Technology Data Exchange (ETDEWEB)

1987-01-01

This Code was formulated under provisions of the Environment Protection (Nuclear Codes) Act 1978 in close consultation with the Governments of the States and the Northern Territory. It is a major revision of the Code of Practice on Radiation Protection in the Mining and Milling of Radioactive Ores (1980), incorporating changes flowing from advances in internationally agreed radiation protection philosophy, and experience gained in Australia in uranium mining and milling operations and the extraction of monazite from mineral sands. The Code specifies the standards, practices, procedures, and measures to prevent or limit risk to employees and to the public from uranium mining and milling, mineral sands operations and extraction of radioactive ores. To assist the industry in meeting the requirements and responsibilities imposed by the Code, guidelines to the former Code will be reviewed and, if appropriate, revised. New guidelines to assist compliance with changed requirements will also be prepared. The Act provides for the revision of codes of practice. The Code of Practice on Radiation Protection in the Mining and Milling of Radioactive Ores (1987) will be reviewed from time to time and revised if necessary to ensure that the highest standards of radiation protection in the mining and milling of radioactive ores are maintained.
30 CFR 819.21 - Auger mining: Protection of underground mining.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Auger mining: Protection of underground mining. 819.21 Section 819.21 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... STANDARDS-AUGER MINING § 819.21 Auger mining: Protection of underground mining. Auger holes shall not extend...
A baseline understanding of state laws governing e-cigarettes.

Science.gov (United States)

Gourdet, C K; Chriqui, J F; Chaloupka, F J

2014-07-01

Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.
Contract Mining versus Owner Mining – The Way Forward | Suglo ...

African Journals Online (AJOL)

Ghana Mining Journal ... By contracting out one or more of their mining operations, the mining companies can concentrate on their core businesses. This paper reviews ... The general trends in the mining industry show that contract mining will be the way forward for most mines under various circumstances in the future.
Uranium production, exploration and mine development in Canada

International Nuclear Information System (INIS)

Vance, R. E

2006-01-01

it becomes subject to federal laws and policies and all exports of nuclear substances, including uranium, require export licenses issued by the Canadian Mine Safety Commission. Canada's Nuclear Non-Proliferation Policy and Non-Residential Ownership Policy also apply to the uranium sector. The Canadian uranium industry has earned a reputation for conducting its business in an environmentally and socially responsible manner
THE EFFECTS OF THE PRIMACY OF THE EU LAW ON THE INVESTORSTATE DISPUTE RESOLUTION MECHANISM

Directory of Open Access Journals (Sweden)

Bogdan Biriş

2014-11-01

Full Text Available This paper highlights the existing conflict between EU law and the provisions contained in Bilateral Investment Treaties with respect to the arbitration clause. In the context of the post-Lisbon, the European Union has exclusive competence in the area of investment is the only entitled to conclude investment treaties with third countries. However, many Member States continue to maintain in force bilateral treaties signed pre-Lisbon and jurisdiction clauses which conflict with European law. This paper will analyze the case law and doctrine in the field and will try to find solutions to avoid possible bottlenecks that may arise when a Member State is in a position to choose between compliance with European law and the rest of its international obligations.
21 CFR Appendix A to Subpart A of... - List of Applicable Laws, Regulations, and Administrative Provisions

Science.gov (United States)

2010-04-01

... Manual, the FDA Regulatory Procedures Manual, the FDA Compliance Policy Guidance Manual, the FDA... PRACTICE REPORTS, MEDICAL DEVICE QUALITY SYSTEM AUDIT REPORTS, AND CERTAIN MEDICAL DEVICE PRODUCT...://dg3.eudra.org.] Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid...
Energy law. The legal boundary conditions of power supply. 2. rev. ed.

International Nuclear Information System (INIS)

Stuhlmacher, Gerd; Stappert, Holger; Jansen, Guido

2015-01-01

Now appearing in its second edition, this book presents a comprehensive overview of the legal framework governing the energy sector. It provides readily understandable coverage, across the relevant subfields of law, of the legal regulations applicable to any manner of activity in the energy sector along with a wealth of practical advice on the interpretation and application of legal provisions. The content has been thoroughly revised, updated to reflect the current status of legislation and supplemented with numerous chapters. The 2014 amendment of the Renewable Energy Law (EEG) and its practical impact have also been taken into account. The following topics are covered amongst others: unbundling of network operation; connection and access to networks and metering; network charges and incentive regulation; easement contracts; energy supply and basic services; energy and electricity taxes; cartel law, law on operating aids, procurement law; energy trade OTC and at exchanges; energy trade surveillance law; fuel production and fracking; conventional and nuclear power production; renewable energy production (including offshore production); energy storage and power-to-gas; transmission line construction; climate protection (including the 2014 EEG, emission trade and the Law on the Promotion of Renewable Energy in the Heat Sector); cogeneration law, district heating and contracting; and investment protection.
Non-State Law in Nigeria: A ”Treasure Trove” or “Pandora’s Box”?

Directory of Open Access Journals (Sweden)

Lambert H.B. Asemota

2017-04-01

Full Text Available Nigeria operates a tripartite legal system comprising customary law, Sharia law and the English common law regime. While the former two non-state legal systems predated the coming of the British to that region of Africa, English common law tradition was introduced with colonisation. Consequently, the Nigerian legal system has become submersed with legal pluralism which tends to put critical legal thinkers in two minds. This paper revisits the theories and practices of the established three-tier system within the context of the topical challenges that trickle down from attempting to reconcile the reliance by certain ethnic groups on the concept of self-determination (under the guise of freedom of religion and culture and the opposing provisions of the Nigerian constitution and international treaties and conventions.
Transfer pricing principles in VAT Law

DEFF Research Database (Denmark)

Jensen, Dennis Ramsdahl

2011-01-01

The main part of the article is devoted to a critical analysis of the optional transfer pricing provisions in the EC VAT Directive in the light of the principle of fiscal neutrality. As an integrated part of this analysis, the VAT transfer pricing regime is considered in the light of the well......-known principles for transfer pricing in the area of income tax law, as set out in Art. 9 of the OECD Model Tax Convention. The last part of the article contains a brief discussion of to which extent it is desirable to harmonize the two tax systems´ transfer pricing rules....
Transitory provisions on public gas distribution in the light of the Marzano law

International Nuclear Information System (INIS)

Vedaschi, Arianna

2005-01-01

The article begins by describing community law on public gas distribution service, then it examines legislative decree 164/2000( also called Letta Decree), which implements directive no. 98/30/CE. This directive reforms the gas sector and in particular it reforms the way gas is distributed. Art. 14 of the Letta Decree states that the distribution of natural gas shall be a public service, contractors shall be selected through a public tender and contracts shall be stipulate for a maximum of 12 years. Thus it is evident that the new model is radically different from the previous one. Before, the service was provided by the local authorities (either directly or through a long-term lease); now the new model aims at liberalizing the market by out sourcing gas distribution. Out sourcing is carried out through a public tender and for short periods of time. In order to allow a gradual transition from the old model to the new one, the Letta Decree provides for a transitory period articulated in various phases. This has the aim of guaranteeing a balance between the interest of local authorities, on one hand and the firms that distributed gas before the reform came into effect, on the other. The first part of the article focuses on interpretative problems that arose after law no. 239/2004 (so called Marzano law) was passed. In the second half it compares the different judicial interpretations concerning: a) duration of the transitory period; b) possibility of increasing duration as provided for by art. 15, par.7 of legislative decree 164/2000; c) efficacy of the abrogation of art. 15, par.8 of legislative decree 164/2000 and finally d) whether advanced redemption of the gas distribution service is still possible. With regards to the transitory period, the article compares judgement no. 111/2005 by the Administrative Tribunal of Lombardia, with judgement no. 6187/2005 delivered by the Sixth Section of the State Council. It then argues that the prohibition of concentration has
Overriding Mandatory Rules as a Vehicle for Weaker Party Protection in European Private International Law

NARCIS (Netherlands)

L.M. van Bochove (Laura)

2014-01-01

markdownabstract__Abstract__ The Rome I Regulation on the law applicable to contractual obligations contains several provisions aimed explicitly at the protection of ‘weaker’ contracting parties, such as consumers and employees. However, in addition to this, the interests of weaker parties are

Selection of mining method for No.3 uranium ore body in the independent mining area at a uranium mine

International Nuclear Information System (INIS)

Ding Fulong; Ding Dexin; Ye Yongjun

2010-01-01

Mining operation in the existed mining area at a uranium mine is near completion and it is necessary to mine the No.3 uranium ore body in another mining area at the mine. This paper, based on the geological conditions, used analogical method for analyzing the feasible methods and the low cost and high efficiency mining method was suggested for the No.3 ore body in the independent mining area at the uranium mine. (authors)
Public views of reclaiming an abandoned coal mine: the Macoupin County project

Energy Technology Data Exchange (ETDEWEB)

Bernard, J. R.

1980-07-01

An abandoned underground coal mine waste area in Macoupin County, Illinois, has been reclaimed for demonstration and research purposes near the city of Staunton. According to federal law, end uses of reclaimed coal mines must be determined in part by local concerns. This study examined local residents' preferences for land uses and their social and economic evaluations of reclamation at the Macoupin County site. Personal interviews with 119 residents revealed preferences for recreational use of the demonstration area; however, responses were probably influenced by prior awareness of land-use intentions. Generally, very positive evaluations of the reclamation were received. Willingness to pay for reclamation appears to be linked to fulfillment of desired recreational uses on the site and socioeconomic status of the respondent. In general, the research results provide further evidence that the value of abatement of environmental damage from mining is recognized and supported in economic terms at the public level.
Collections of laws and ordinances concerning radiation injury prevention as of July 24, 1981

International Nuclear Information System (INIS)

Tsuruta, Takao

1981-01-01

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

Directory of Open Access Journals (Sweden)

Zhenyu Wang

2018-01-01

Full Text Available Ecosystem services mapping is becoming increasingly popular through the use of various readily available mapping tools, however, uncertainties in assessment outputs are commonly ignored. Uncertainties from different sources have the potential to lower the accuracy of mapping outputs and reduce their reliability for decision-making. Using a case study in an Australian mining region, this paper assessed the impact of uncertainties on the modelling of the hydrological ecosystem service, water provision. Three types of uncertainty were modelled using multiple uncertainty scenarios: (1 spatial data sources; (2 modelling scales (temporal and spatial and (3 parameterization and model selection. We found that the mapping scales can induce significant changes to the spatial pattern of outputs and annual totals of water provision. In addition, differences in parameterization using differing sources from the literature also led to obvious differences in base flow. However, the impact of each uncertainty associated with differences in spatial data sources were not so great. The results of this study demonstrate the importance of uncertainty assessment and highlight that any conclusions drawn from ecosystem services mapping, such as the impacts of mining, are likely to also be a property of the uncertainty in ecosystem services mapping methods.
Implementation of state-of-art mining knowledge and technologies in design and operation of a safe and efficient deep gold mine stope for 21st Century.

CSIR Research Space (South Africa)

Van der Merwe, JN

2001-02-01

Full Text Available .7 m; and faults in the stope face with throws up to 2.5 m and rolls where the slope angle changes by up to 20o. The performance targets set for the system are a reduction in stope accidents of at least 50 % compared to the industry average, greater... than 15 m face advance per month, dilution and gold losses reduced by 15 % compared to adjacent stoping, consistent provision of recommended environmental conditions and finally cost effectiveness. The main areas of concern with current mining...
Mountaintop removal mining: One coal company's response to the public debate

International Nuclear Information System (INIS)

Emerson, L.D.

1999-01-01

Mountaintop Mining has been practiced in West Virginia and surrounding Central Appalachian states for over twenty years. In recent months, however, media coverage and other events have increased public and regulatory scrutiny of the practice, which has led to mine permitting delays and employee layoffs. A law suit was filed in federal court alleging, among other things, that the construction of valley fills for excess spoil disposal is a violation of the Clean Water Act. West Virginia's Governor appointed a Task Force to study the issue and has made recommendations for further regulations. Arch Coal, Inc., operates four large surface mines in West Virginia, and many of it's mining subsidiaries have won federal and state honors for excellence in reclamation. Arch has also funded several studies that address many of the issues that have been at the core of the public debate. One study involves the assessment of the long term impact of large scale mining and valley fills on downstream water quality and aquatic life. Another evaluates the rate of forest plant invasion onto reclaimed lands. A third study compares the value of the wildlife habitats created on reclaimed lands relative to undisturbed ridge top and stream side habitats. The results of these studies show that mountaintop removal mining, when done responsibly, has minimal impacts on the environment, and can in fact provide valuable lands for future development. Arch Coal, Inc., has taken a leading role in addressing the scientific and public policy aspects of this controversial issue
The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

International Nuclear Information System (INIS)

1987-01-01

General provisions specify the purpose of the Law and definitions of terms used in it. Provisions relating to control of business management for refining cover designation of business operation, requirements for designation, permission and report of alteration, report of commencement of business operation, revocation of designation, recording, and measures for wastes. Provisions relating to control of business management for processing cover permission of operation, requirements for permission, approval of design and construction plan, inspection of facilities, report of commencement of business management, measures for maintenance, suspension of use of facilities, responsible personnel for handling nuclear fuel, and permit, obligations, etc. of responsible personnel for handing nuclear fuel. Provisions relating to control of construction and operation of nuclear reactor cover permission of construction, permission concerning nuclear reactor mounted on foreign nuclear powered ships, requirements for permission, etc. Other articles stipulate provisions relating to control of business management for reprocessing, use of nuclear fuel substances, use of materials and substances covered by international regulations, designation of inspection organizations, and other rules. (Nogami, K.)
Treatment of mine-water from decommissioning uranium mines

International Nuclear Information System (INIS)

Fan Quanhui

2002-01-01

Treatment methods for mine-water from decommissioning uranium mines are introduced and classified. The suggestions on optimal treatment methods are presented as a matter of experience with decommissioned Chenzhou Uranium Mine
Making law work for the poor

Energy Technology Data Exchange (ETDEWEB)

Cotula, Lorenzo

2005-11-15

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

DEFF Research Database (Denmark)

Sørensen, Karsten Engsig; Hansen, Søren Friis

2003-01-01

Based on the many Danish cases on the prohibition against companies advances funds to allow a third party to acquire shares in the company (financial assistance), it is debated if there is a need to reform Article 23 of the Second Company Law Directive, and how this reform should look....
Issues in third party attacks on SMCRA permits. [USA - Indiana

Energy Technology Data Exchange (ETDEWEB)

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

1990-01-01

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

Science.gov (United States)

Fallah, Mina; Niakan Kalhori, Sharareh R

2017-10-01

Smartphones represent a promising technology for patient-centered healthcare. It is claimed that data mining techniques have improved mobile apps to address patients' needs at subgroup and individual levels. This study reviewed the current literature regarding data mining applications in patient-centered mobile-based information systems. We systematically searched PubMed, Scopus, and Web of Science for original studies reported from 2014 to 2016. After screening 226 records at the title/abstract level, the full texts of 92 relevant papers were retrieved and checked against inclusion criteria. Finally, 30 papers were included in this study and reviewed. Data mining techniques have been reported in development of mobile health apps for three main purposes: data analysis for follow-up and monitoring, early diagnosis and detection for screening purpose, classification/prediction of outcomes, and risk calculation (n = 27); data collection (n = 3); and provision of recommendations (n = 2). The most accurate and frequently applied data mining method was support vector machine; however, decision tree has shown superior performance to enhance mobile apps applied for patients' self-management. Embedded data-mining-based feature in mobile apps, such as case detection, prediction/classification, risk estimation, or collection of patient data, particularly during self-management, would save, apply, and analyze patient data during and after care. More intelligent methods, such as artificial neural networks, fuzzy logic, and genetic algorithms, and even the hybrid methods may result in more patients-centered recommendations, providing education, guidance, alerts, and awareness of personalized output.
30 CFR 77.1712 - Reopening mines; notification; inspection prior to mining.

Science.gov (United States)

2010-07-01

... to mining. 77.1712 Section 77.1712 Mineral Resources MINE SAFETY AND HEALTH ADMINISTRATION... prior to mining. Prior to reopening any surface coal mine after it has been abandoned or declared... an authorized representative of the Secretary before any mining operations in such mine are...
New law on extension of liability for nuclear obligations unconstitutional; Verfassungsrechtliche Beurteilung des Referentenentwurfs fuer ein ''Gesetz zur Nachhaftung fuer Rueckbau- und Entsorgungskosten im Kernenergiebereich''

Energy Technology Data Exchange (ETDEWEB)

Posser, Herbert [Freshfields Bruckhaus Deringer, Duesseldorf (Germany)

2015-10-15

The provisions of the draft law are highly relevant with regard to fundamental rights and do not stand up to the required proportionality scrutiny. The following fundamental rights are affected: Article 14 (1), (2) GG (German Basic Law): guaranteed right to property; Article 12 (1) GG: freedom of occupation; Article 9 (1) GG: freedom of association; Article 2 (1) GG: general freedom of action; Article 3 (1) GG: equality before the law. In view of the German system of contingency reserves, which is tried and tested in practice and which has been working for 40 years without objections or failure, the envisaged provisions are not necessary, to begin with. If the draft law such as it is today became actual legislation, this would evidently be contrary to the constitution.
Key state legislative provisions on purchasing alliances.

Science.gov (United States)

Wicks, E K; Curtis, R E; Haugh, K

1994-01-01

In order to function effectively in post-reform healthcare markets, behavioral healthcare professionals must understand and interact with health purchasing alliances. Healthcare reform initiatives based upon the principles of managed competition envision an important role for cooperative health purchasing organizations, or "health alliances," that collect premiums and contract with health plans for the provision of comprehensive health services delivered within the framework of a standardized benefit package. Health purchasing alliances have already been implemented in eight states, and this trend is expected to grow. The following article illustrates the structure and authority of the health alliances that are already in operation, and is presented here to give Behavioral Healthcare Tomorrow journal readers an up-to-date overview of reforming healthcare markets. This matrix arrays recent state laws which we identify as clearly including components of managed competition or purchasing alliances. Other states undoubtedly have elements of reform that include some aspects of these concepts. For example, under legislation, a Vermont health care authority was established and, among other things, charged with developing two comprehensive reform proposals, one of which will involve multipayors and the other a single-payor system. Options will likely embody many of the activities of alliances. Vermont is not included in this matrix because these provisions are still in the developmental stage.
Current Activities of the Ministry of Mines, Islamic Republic of Afghanistan

Science.gov (United States)

Adel, M.

2008-12-01

Beginning in late 2001, the Afghanistan government started developing plans for the revitalization of the Natural Resources sector. This revitalization included the rebuilding and reorganization of the capabilities of the Ministry of Mines and Industries (now the Ministry of Mines) and the Afghan Geological Survey and several other Afghan ministries. The initial focus was on the development of new mining and hydrocarbon laws, which were supported by the World Bank. Concurrent with these activities was the recognized need to identify, organize and compile existing data and information on the natural resources of the country. This has been followed by the use of these data and information to provide preliminary assessments of the oil and gas resources, mineral resources, water resources, coal resources, and earthquake hazards, all based on existing data. A large part of these assessment efforts required the development of a geospatial infrastructure through the use of satellite imagery and other remote sensing technologies. Institutional and capacity building were integral parts of all efforts. With the assessment and law activities ongoing, the Ministry of Mine has now turned to the development of a leasing framework, which address the critical need of transparency of leasing, lease management, and royalty collection. This new leasing system was implemented in spring 2008 with the leasing of the Aynak Copper Deposit, which is located about 25 miles south of Kabul. At the moment, a second world class mineral deposit is being considered for leasing within the next year. Oil and gas lease tracts are also under development in the northern oil and gas basins of Afghanistan. With the support of the Afghan government, the U.S. Geological Survey (USGS) has recently completed the gathering of new data and information in support of the Natural Resources Sector. These data gathering missions include gravity, magnetics, radar, and hyperspectral data, which were gathered through
Effectively Engaging in Tribal Consultation to protect Traditional Cultural Properties while navigating the 1872 Mining Law - Tonto National Forest, Western Apache Tribes, & Resolution Copper Mine

Science.gov (United States)

Nez, N.

2017-12-01

By effectively engaging in government-to-government consultation the Tonto National Forest is able to consider oral histories and tribal cultural knowledge in decision making. These conversations often have the potential to lead to the protection and preservation of public lands. Discussed here is one example of successful tribal consultation and how it let to the protection of Traditional Cultural Properties (TCPs). One hour east of Phoenix, Arizona on the Tonto National Forest, Resolution Copper Mine, is working to access a rich copper vein more than 7,000 feet deep. As part of the mining plan of operation they are investigating viable locations to store the earth removed from the mine site. One proposed storage location required hydrologic and geotechnical studies to determine viability. This constituted a significant amount of ground disturbance in an area that is of known importance to local Indian tribes. To ensure proper consideration of tribal concerns, the Forest engaged nine local tribes in government-government consultation. Consultation resulted in the identification of five springs in the project area considered (TCPs) by the Western Apache tribes. Due to the presence of identified TCPs, the Forest asked tribes to assist in the development of mitigation measures to minimize effects of this project on the TCPs identified. The goal of this partnership was to find a way for the Mine to still be able to gather data, while protecting TCPs. During field visits and consultations, a wide range of concerns were shared which were recorded and considered by Tonto National Forest. The Forest developed a proposed mitigation approach to protect springs, which would prevent (not permit) the installation of water monitoring wells, geotechnical borings or trench excavations within 1,200 feet of perennial springs in the project area. As an added mitigation measure, a cultural resources specialist would be on-site during all ground-disturbing activities. Diligent work on
Searching for the objective good faith in contract law

OpenAIRE

IKONOMI ERGYSA

2016-01-01

: Referring to a classical division of contractual good faith, in order to realize a full study, there are distinguished two senses of it: (1) subjective good faith and (2) objective good faith. The paper is realized as an overview of good faith in the objective sense, analyzing different legal provisions of some contractual laws. This paper aims to explain the meaning, characteristics, role and the application of objective good faith and to find and explain the differences between subjective...
Sor/88-391, 21 July 1988, uranium mines (Ontario) occupational health and safety regulations, amendment

International Nuclear Information System (INIS)

1988-08-01

These Regulations (SOR/84-435) were made to establish uniformity in the laws governing occupational health and safety in mines in the Province of Ontario. To ensure conformity, the legal references in the Regulations have been amended to accord with the 1987 amendment of the Ontario Occupational Health and Safety Act [fr
Acid mine drainage: mining and water pollution issues in British Columbia

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-12-31

The importance of protecting water quality and some of the problems associated with mineral development are described. Negative impacts of mining operations such as sedimentation, water disturbances, and water pollution from waste rock and tailings are considered. Mining wastes, types of water pollution from mining, the legacy of acid mine drainage, predicting acid mine drainage, preventing and mitigating acid mine drainage, examples from the past, and cyanide heap-leaching are discussed. The real costs of mining at the Telkwa open pit coal mine are assessed. British Columbia mines that are known for or are potentially acid generating are shown on a map. 32 refs., 10 figs.

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