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

Transitions in state public health law: comparative analysis of state public health law reform following the Turning Point Model State Public Health Act.

Science.gov (United States)

Meier, Benjamin Mason; Hodge, James G; Gebbie, Kristine M

2009-03-01

Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health.

76 FR 38416 - Notice of Segregation of Public Lands in the States of Arizona, California, Colorado, Nevada, New...

Science.gov (United States)

2011-06-30

... Segregation of Public Lands in the States of Arizona, California, Colorado, Nevada, New Mexico, and Utah... laws, but not the mineral leasing or material sales acts, for a period of 2 years for the purpose of..., approximately 677,384 acres of public lands located in the States of Arizona, California, Colorado, Nevada, New...

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

Private Arbitration of Incidental Public Law Issues

DEFF Research Database (Denmark)

Werlauff, Erik

2009-01-01

 The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

Recognition of the Customary Land Law in the Constitution of Indonesia and Malaysia

OpenAIRE

Napoh, Datu Bua

2015-01-01

Recognition of customary land law is very important for indigenous peoples in their daily lives to protect the existence of the preservation of customary law itself, because this is a traditional lands where they carry out their daily routines and develop their traditional habits which categorized as unique and different from other areas. In Indonesia, the customary land law is recognized as long as it really exists and does not contradict the higher principle and state law. We can see it in ...

RECOGNITION OF THE CUSTOMARY LAND LAW IN THE CONSTITUTION OF INDONESIA AND MALAYSIA

Directory of Open Access Journals (Sweden)

Datu Bua Napoh

2015-12-01

Full Text Available Recognition of customary land law is very important for indigenous peoples in their daily lives to protect the existence of the preservation of customary law itself, because this is a traditional lands where they carry out their daily routines and develop their traditional habits which categorized as unique and different from other areas. In Indonesia, the customary land law is recognized as long as it really exists and does not contradict the higher principle and state law. We can see it in article 3 UUPA in 1960, and article 18b paragraph 1945 Constitution of the Republic of Indonesia; while in Malaysia, customary land law is also protected in the Constitution of Malaysia Certificate 134, Original Certificate in 1954. Moreover, the recognition of indigenous land has also been described by the "UN Declaration on the Rights of Indigenous Peoples in articles 8, 10, 26, 29, 30, 32", the UN explains how they give great recognition of the law of customary land to provide rights and obligations to society custom to protect the existence and preservation of the traditions that they get from their ancestors.

43 CFR 422.5 - Responsibilities of the Law Enforcement Administrator.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Responsibilities of the Law Enforcement Administrator. 422.5 Section 422.5 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS Responsibilities § 422.5 Responsibilities of...

77 FR 47089 - Public Land Order No. 7795; Withdrawal of Public Lands, Clear Creek Serpentine Area of Critical...

Science.gov (United States)

2012-08-07

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAC09000, 16100000.DQ; CACA 051408] Public Land Order No. 7795; Withdrawal of Public Lands, Clear Creek Serpentine Area of Critical Environmental Concern; California AGENCY: Bureau of Land Management, Interior. ACTION: Public Land Order. SUMMARY: This...

43 CFR 422.7 - Authorization to perform law enforcement duties.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Authorization to perform law enforcement duties. 422.7 Section 422.7 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS Program Requirements § 422.7 Authorization to perfor...

43 CFR 422.6 - Responsibilities of the Chief Law Enforcement Officer.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Responsibilities of the Chief Law Enforcement Officer. 422.6 Section 422.6 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS Responsibilities § 422.6 Responsibilities of...

NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

Directory of Open Access Journals (Sweden)

MARIUS VACARELU

2012-05-01

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

75 FR 41237 - Public Land Order No. 7746; Withdrawal of Public Lands, South Fork of the American River; California

Science.gov (United States)

2010-07-15

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAC08000-L1430000-ET0000; CACA 41334] Public Land Order No. 7746; Withdrawal of Public Lands, South Fork of the American River; California AGENCY: Bureau of Land Management, Interior. ACTION: Public Land Order. SUMMARY: This order withdraws 2...

Rediscovering Principles of Public Administration: The Neglected Foundation of Public Law.

Science.gov (United States)

Moe, Ronald C.; Gilmour, Robert S.

1995-01-01

Public administration is at risk of losing its theoretical distinctiveness based on public law, leaving it vulnerable to advocates of the entrepreneurial management model. Administrative principles rooted in law can accommodate useful contemporary management concepts without compromising accountable public sector management. (SK)

International health law : an emerging field of public international law

NARCIS (Netherlands)

Toebes, Brigit

This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent

Expropriation law in France

OpenAIRE

Melot, Romain

2015-01-01

In this publication, the editors present the first comparative overview of expropriation law in Europe covering 15 different jurisdictions. For many of the countries represented, this publication is the first English-language description of their national expropriation law. This survey provides a lot of information for all practitioners in the field of expropriation of land.

STRENGTHENING THE SUSTAINABILITY OF PUBLIC FINANCES BY MEANS OF FINANCIAL LAW FOCUSED ON THE CONTROL AND AUDIT EXERCISE

Directory of Open Access Journals (Sweden)

Ionel BOSTAN

2016-02-01

Full Text Available The activity to prevent embrittlement sustainability of public finances should manifest itself permanently, regardless of economic circumstances - national or European. This, more so as it was set by the Stability and Growth Pact (SGP, which introduces new rules on fiscal policy. Regulations and exercise adequate of financial control and public audit are intended to give certain guarantees on landing approach this topic (most on enhancing sustainability of public finances. Therefore, our approach aims to reveal some aspects of fiscal consolidation by means of financial law focused on exercise fiscal control and public audit. Our references aim the current regulatory of this important organization and functioning rule of law activities and results reported.

Transnational Law of Public Contracts

NARCIS (Netherlands)

Audit, M.; Schill, S.W.

2016-01-01

Public contracts were traditionally conceived as instruments of domestic public law and used within markets confined to the territory of the state party to the contract. Globalization, however, subjects public contracting to an increasing number of processes that take place at a transnational level

International law, constitutional law, and public support for torture

Directory of Open Access Journals (Sweden)

Adam S Chilton

2016-03-01

Full Text Available The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.

Legislating tolerance: Spain's national public smoking law.

Science.gov (United States)

Muggli, Monique E; Lockhart, Nikki J; Ebbert, Jon O; Jiménez-Ruiz, Carlos A; Riesco Miranda, Juan Antonio; Hurt, Richard D

2010-02-01

While Spain's national tobacco control legislation prohibits smoking in many indoor public places, the law provides for an exception to the prohibition of smoking by allowing separate seating sections and ventilation options in certain public places such as bars and restaurants, hotels and airports. Accordingly, Spain's law is not aligned with Article 8 Guidelines of the World Health Organization's Framework Convention on Tobacco Control, which requires parties to ensure universal protection against secondhand smoke exposure in all enclosed public places, workplaces and on all means of public transport. Spain's law is currently being promoted by the tobacco companies in other countries as a model for smoke-free legislation. In order to prevent weakening of smoke-free laws in other countries through industry-supported exceptions, we investigated the tactics used by the tobacco companies before the implementation of the new law and assessed the consequences of these actions in the hospitality sector. Internal tobacco industry documents made public through US litigation settlements dating back to the 1980s were searched in 2008-9. Documents show that tobacco companies sought to protect hospitality venues from smoking restrictions by promoting separate seating for smokers and ineffective ventilation technologies, supporting an unenforceable voluntary agreement between the Madrid local government and the hospitality industry, influencing ventilation standards setting and manipulating Spanish media. The Spanish National Assembly should adopt comprehensive smoke-free legislation that does not accommodate the interests of the tobacco industry. In doing so, Spain's smoke-free public places law would be better aligned with the Framework Convention on Tobacco Control.

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

The Application of Chinese High-Spatial Remote Sensing Satellite Image in Land Law Enforcement Information Extraction

Science.gov (United States)

Wang, N.; Yang, R.

2018-04-01

Chinese high -resolution (HR) remote sensing satellites have made huge leap in the past decade. Commercial satellite datasets, such as GF-1, GF-2 and ZY-3 images, the panchromatic images (PAN) resolution of them are 2 m, 1 m and 2.1 m and the multispectral images (MS) resolution are 8 m, 4 m, 5.8 m respectively have been emerged in recent years. Chinese HR satellite imagery has been free downloaded for public welfare purposes using. Local government began to employ more professional technician to improve traditional land management technology. This paper focused on analysing the actual requirements of the applications in government land law enforcement in Guangxi Autonomous Region. 66 counties in Guangxi Autonomous Region were selected for illegal land utilization spot extraction with fusion Chinese HR images. The procedure contains: A. Defines illegal land utilization spot type. B. Data collection, GF-1, GF-2, and ZY-3 datasets were acquired in the first half year of 2016 and other auxiliary data were collected in 2015. C. Batch process, HR images were collected for batch preprocessing through ENVI/IDL tool. D. Illegal land utilization spot extraction by visual interpretation. E. Obtaining attribute data with ArcGIS Geoprocessor (GP) model. F. Thematic mapping and surveying. Through analysing 42 counties results, law enforcement officials found 1092 illegal land using spots and 16 suspicious illegal mining spots. The results show that Chinese HR satellite images have great potential for feature information extraction and the processing procedure appears robust.

Encyclopedia of Public International Law, 7 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1985-01-01

Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (7. History of International Law. Foundations and Principles of International Law. Sources of International Law. Law of Treaties). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1984

Development of an online tool for public health: the European Public Health Law Network.

Science.gov (United States)

Basak, P

2011-09-01

The European Public Health Law Network was established in 2007 as part of the European Union (EU) co-funded Public Health Law Flu project. The aims of the website consisted of designing an interactive network of specialist information and encouraging an exchange of expertise amongst members. The website sought to appeal to academics, public health professionals and lawyers. The Public Health Law Flu project team designed and managed the website. Registered network members were recruited through publicity, advertising and word of mouth. Details of the network were sent to health organizations and universities throughout Europe. Corresponding website links attracted many new visitors. Publications, news, events and a pandemic glossary became popular features on the site. Although the website initially focused only on pandemic diseases it has grown into a multidisciplinary website covering a range of public health law topics. The network contains over 700 publications divided into 28 public health law categories. News, events, front page content, legislation and the francophone section are updated on a regular basis. Since 2007 the website has received over 15,000 views from 156 countries. Newsletter subscribers have risen to 304. There are now 723 followers on the associated Twitter site. The European Public Health Law Network has been a successful and innovative site in the area of public health law. Interest in the site continues to grow. Future funding can contribute to a bigger site with interactive features and pages in a wider variety of languages to attract a wider global audience. Copyright © 2011 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

Water Rights on Community Lands: LandMark’s Findings from 100 Countries

Directory of Open Access Journals (Sweden)

Liz Alden Wily

2017-11-01

Full Text Available This paper analyzes whether national laws acknowledge indigenous peoples and other rural communities in 100 countries as owners of waters that arise within their lands. Results derive from information collected by LandMark to score the legal status of community land tenure. Findings are positive; half of all countries recognize communities as lawful possessors of water on their lands. Three quarters permit communities to manage the distribution and use of water on their lands. While 71 percent of countries declare water to be a public resource, this belies the substantial existence of privately owned water. In 29 percent of countries, private water is an identified legal category, and in many other countries obtainable rights to water are sufficiently substantial to imply lawful possession. Communities are beneficiaries mainly where customary rights are accorded status as property rights, or where ownership of public lands and water are devolved to rural collectives. However, opposite trends of nationalization and regulation of water suggest that while legal recognition of community land ownership may rise in the future, this will not necessarily include waters on the land. Irrespective of tenure, rural communities in 72 of 77 countries (93.5 percent are legally assured access to water for domestic purposes. This is consistent with the rising definition of safe drinking water as a human right, although access does not necessarily come free of cost.

Convergence of the European law on public notaries

Directory of Open Access Journals (Sweden)

Salma Jožef

2012-01-01

Full Text Available In this paper the author analyzes the functions of public notaries, the evolution of the institution in Europe and its legal features in contemporary European law. The basic normative solutions of the German, Austrian, French, Italian, Hungarian, Slovakian, Slovenian and Croatian law are outlined. The importance of the European law on notaries public is also stressed, which aims to further the cooperation between national chambers on notaries public on European scale, in order to facilitate the cross-border transactions within the territory of the European Union. The gist of the converging common European rules pertaining to notaries public are the principle of independence of notaries and the principle of legality, which means that the notaries are in the performance of their duties bound only by the norms of civil substantive and procedure law. Notaries public perform also a function of public service, since they provide assistance to citizens in drafting their public instruments and private deeds (juridical acts and statements, that produce the required evidentiary strength. Depending on whether a given requirement of form of juridical act can be met only by the assistance of notaries public or by other public bodies, one may distinguish exclusively notarial acts from competing forms of juridical acts.

VARIOUS HISTORICAL CONSIDERATIONS REGARDING THE PUBLIC LAW–PRIVATE LAW DICHOTOMY

Directory of Open Access Journals (Sweden)

Emilian Ciongaru

2014-11-01

Full Text Available Throughout the history of law, has been structured logically in law institutions and branches being considered in a divided or unitary manner. But legal norms have obtained general recognition either taken as a unitary system or divided into divisions or branches as maximum logical-organizational structures. The law originally intersects with the process of formation and evolution of the state. The law has been formed unconsciously as the result of a psychological process in which the individual reacts to certain external stimuli. At the beginning, the law came under the form of nonunitary chaotic customs or practices. In the second phase, the law, though yet rudimentary, became a conscious action being imposed by a public force. The difference between the public law and the private law results from the fact that private law may be attributed to the structure of society, and the public law may be attributed to the superstructure of society. Even nowadays, the delimitation between the public law and the private law is not clear, because the most numerous legal relations refer both to the general interest and the private interest and, basically, the legal norms contribute to public order as the observation thereof brings social peace.

The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

Directory of Open Access Journals (Sweden)

Gerrit Ferreira

2014-11-01

Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

75 FR 26788 - Public Land Order No. 7742; Withdrawal of Public Land for the Manning Canyon Tailings Repository; UT

Science.gov (United States)

2010-05-12

... 79765] Public Land Order No. 7742; Withdrawal of Public Land for the Manning Canyon Tailings Repository... period of 5 years to protect the integrity of the Manning Canyon Tailings Repository and surrounding... withdrawal is to protect public health and safety and the Federal investment in the Manning Canyon Tailings...

Transfer and Transition: Interagency Coordination for Managing Public Lands at UMTRCA Title II Sites in Wyoming – 16614

Energy Technology Data Exchange (ETDEWEB)

Shafer, David S. [U.S. Dpartment of Energy, Office of Legacy Management; Vanek, Tim [U.S.Department of Energy, Office of Legacy Management; Ribeiro, Tracy [U.S. Department of Energy, Office of Legacy Management; Bahrke, Cheri [Navarro Research and Engineering

2016-03-06

By the end of fiscal year 2025, the U.S. Department of Energy (DOE) Office of Legacy Management (LM) is anticipating adding 17 sites remediated under Title II of the Uranium Mill Tailings Radiation Control Act (UMTRCA) to the current inventory of 90 sites that it manages. Among the new sites are ones where federal public lands occur within the proposed long-term care boundary, the boundary determined by the Nuclear Regulatory Commission and LM as necessary to maintain site protectiveness for the entombed uranium mill tailings and residual groundwater contamination. For these sites, public land withdrawals for land and minerals will need to be established. LM’s primary mission at UMTRCA sites is to protect the public and the environment from exposure to contamination at the sites. For the sites with public lands or federally controlled minerals that will be transferring to LM, the Office will apply to the Department of the Interior (DOI) Bureau of Land Management (BLM) for new, public land and mineral withdrawals. At most current LM UMTRCA sites that involved public lands and minerals, DOI granted DOE “full administrative jurisdiction” and permanent withdrawals. Hence, these withdrawals are, permanently, no longer subject to public land, mining, and mineral-leasing laws and regulations. LM is coordinating with DOI/BLM in Wyoming to permanently withdraw full and partial jurisdiction at future UMTRCA Title II sites in that state. This approach would allow LM to fully administer surface lands and minerals, where necessary, and DOI and LM to administer surface lands and leasable minerals where it would not jeopardize sites’ radiological safety and long-term public and environmental protection. This “shared-jurisdiction approach” will meet LM’s strategic goal of protecting human health and the environment but also allow BLM to fulfill their mission to “manage and conserve the lands under the mandate of multiple-use and sustained yield.” In addition, LM

Public Land Survey System - Sections on USDA Forest Service Lands

Data.gov (United States)

Earth Data Analysis Center, University of New Mexico — This feature class depicts the boundaries of Land Survey features called sections, defined by the Public Lands Survey System Grid. Normally, 36 sections make up a...

Encyclopedia of Public International Law, 8 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1986-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (8. Human Rights and the Individual in International Law. International Economic Relations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1985

Land, law and politics in Africa : mediating conflict and reshaping the state

NARCIS (Netherlands)

Abbink, J.; Bruijn, de M.E.

2011-01-01

This volume, which is dedicated to the Dutch legal scholar Gerti Hesseling (1946-2009), examines issues of law, land dispute and conflict mediation in Africa. The focus is on how citizens, State institutions and concerned (inter)national actors attempt to find solutions to land disputes. The issues

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.

77 FR 70463 - Public Land Order No. 7801; Withdrawal of Public Lands for Protection of Proposed Expansion of...

Science.gov (United States)

2012-11-26

... DEPARTMENT OF THE INTERIOR [LLCAD08000-L14300000-ET0000; CACA 51737] Public Land Order No. 7801; Withdrawal of Public Lands for Protection of Proposed Expansion of Twentynine Palms, CA Correction In notice document 2012-23479 beginning on page 58864 of the issue of Monday, September 24, 2012 make the following...

Public Land Survey filled

Data.gov (United States)

California Natural Resource Agency — The 'PLSFILL' layer is a polygon coverage depicting the township, range and sections contained in the Public Land Survey System grid for the State of California....

Encyclopedia of Public International Law, 9 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1988-01-01

Tutvustus: Encyclopedia of Public International Law / published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (9. International Relations and Legal Cooperation in General. Diplomacy and Consular Relations and 10. States. Responsibility of Sates. International Law and Municipal Law). Amsterdam, New York, Oxford : North-Holland Publishing Company, 1986-1987. Pp. XV, 425 and pp. XV, 543

The Public Schools Contracts Law. Focus on School Law Series.

Science.gov (United States)

Dabreu, O. Lisa

New Jersey's Public Schools Contracts Law, enacted on June 2, 1977, places limits on the authority of local and regional boards of education to make purchases and to enter into contracts, agreements, or leases for supplies or services. This publication is designed to provide information and guidance that will assist boards of education in meeting…

Juridifying Corporate Social Responsibility Through Public Law

DEFF Research Database (Denmark)

Buhmann, Karin

2015-01-01

steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR......With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute...... that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR....

Encyclopedia of Public International Law, 6 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1984-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (6. regional Cooperation, Organization Problems). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

Globalization of public health law and ethics.

Science.gov (United States)

Sohn, Myongsei

2012-09-01

The Constitution of the World Health Organization (1946) states that the "enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social position." The international legal framework for this right was laid by the Universal Declaration of Human Rights (1948) and reaffirmed in the International Covenant on Economic, Social, and Cultural Rights (1966) and the Declaration of Alma-Ata (1978). In recent years, the framework has been developed on 10 key elements: national and international human rights, laws, norms, and standards; resource constraints and progressive realization; obligations of immediate effect; freedoms and entitlements; available, accessible, acceptable, and good quality; respect, protect, and fulfill; non-discrimination, equality, and vulnerability; active and informed participation; international assistance and cooperation; and monitoring and accountability. Whereas public health law plays an essential role in the protection and promotion of the right to health, the emergence of SARS (2003) highlighted the urgent need to reform national public health laws and international obligations relating to public health in order to meet the new realities of a globalized world, leading to the WHO Framework Convention on Tobacco Control (2003) and the revision of the WHO International Health Regulations (2005). The Asian Institute for Bioethics and Health Law, in conjunction with the Republic of Korea's Ministry of Health and Welfare and the WHO International Digest of Health Legislation, conducted a comparative legal analysis of national public health laws in various countries through a project entitled Domestic Profiles of Public/Population Health Legislation (2006), which underscored the importance of recognizing the political and social contexts of distinct legal cultures, including Western, Asian, Islamic, and African.

Mapping the scope and opportunities for public health law in liberal democracies.

Science.gov (United States)

Magnusson, Roger S

2007-01-01

The two questions, "What is public health law?" and "How can law improve the public's health?" are perennial ones for public health law scholars. This paper proposes a framework for conceptualizing discussion and debate about the scope and opportunities for public health law within liberal democracies. Part 2 of the paper draws selectively on this framework in order to highlight some areas where law's potential role deserves greater acknowledgment and exploration.

Encyclopedia of Public International Law, 2 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1982-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (2. Decisions of International Courts and Tribunals and International Arbitrations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1981

Encyclopedia of Public International Law, 5 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 5. International Organizations in General. Universal International Organisazations and Cooperation. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

Lease of agricultural land in public ownership

Directory of Open Access Journals (Sweden)

Baturan Luka

2014-01-01

Full Text Available This paper analyzes the legal norms which regulate leasing of agricultural land in public ownership. The basic hypothesis is that the main goal of land leasing should be to achieve an efficient allocation and maximization of public rental income. It was concluded that we should eliminate all restrictions that serve as barriers to market allocation. These include provisions that restrict some groups from participating in the land lease auctions, then the preemptive right of lease, as well as the ban on subleasing. It also criticizes the application of the principles of affectation, or restriction of freedom of local governments in the use of funds received from land leasing.

The space between: land claims and the law in Indonesia

NARCIS (Netherlands)

Bakker, L.; Moniaga, S.

2010-01-01

In this article we look at rights discourses and law as an arena of struggle in which local people attempt to gain and secure access to localities of value. Following administrative decentralisation in 1999, throughout Indonesia, individuals and communities lodged land claims. To support these

Encyclopedia of Public International Law, 3 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 3 (A_M) and 4 (N-Z): Use of Force. War and Neutrality. Peace treaties. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1982

The Space Between: Land Claims and the Law in Indonesia

NARCIS (Netherlands)

Bakker, L.G.H.; Moniaga, S.

2010-01-01

In this article we look at rights discourses and law as an arena of struggle in which local people attempt to gain and secure access to localities of value Following administrative decentralisation in 1999, throughout Indonesia, individuals and communities lodged land claims To support these claims,

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

Law and Politics, an Emerging Epidemic: A Call for Evidence-Based Public Health Law.

Science.gov (United States)

Ulrich, Michael R

2016-05-01

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be placed on the hysteria that accompanies emergencies. Indeed, these examples merely illustrate an unfortunate array of examples where empirical evidence is ignored in the hopes of quelling paranoia. These policy approaches are not only constitutionally questionable, they generate their own risk to public health. The ability of the law to jeopardize public health approaches to infectious disease control can, and should, be limited through a renewed emphasis on science as the foundation of public health, coordination through all levels and branches of government, and through a serious commitment by the judiciary to provide oversight. Infectious disease creates public anxiety, but this cannot justify unwarranted dogmatic approaches as a response. If we as a society hope to ensure efficient, constitutional control over the spread of disease, it is imperative that science take its rightful place at the forefront of governmental decision-making and judicial review. Otherwise, the law becomes its own public health threat.

Public Consultation toward Ethiopia's Family Law Reform ...

African Journals Online (AJOL)

Mandefrot Belay

A comprehensive and open public consultation was conducted during the revision ... in Ethiopia which are expected to guide any legal reform process so that the ... law, the way in which public consultation forums were organized, and the ...

Development of a digital guidance and control law for steep approach automatic landings using modern control techniques

Science.gov (United States)

Halyo, N.

1979-01-01

The development of a digital automatic control law for a small jet transport to perform a steep final approach in automatic landings is reported along with the development of a steady-state Kalman filter used to provide smooth estimates to the control law. The control law performs the functions of localizer and glides capture, localizer and glideslope track, decrab, and place. The control law uses the microwave landing system position data, and aircraft body-mounted accelerators, attitude and attitude rate information. The results obtained from a digital simulation of the aircraft dynamics, wind conditions, and sensor noises using the control law and filter developed are described.

Land Policy Changes and Land Redistribution in Ecuador

Directory of Open Access Journals (Sweden)

María Belén Albornoz Barriga

2016-12-01

Full Text Available This paper examines three distinct periods of policy change and land redistribution in Ecuador through the agrarian reform laws of 1964, 1973 and 2010. A comparative case study of each moment of the law reforms was based on the instruments and policy network approach. In order to explain public policy process design, the high incidence of collective domains led by agribusiness on government management, and the incidence of indigenous organizations and farmers over the state action.

43 CFR 422.9 - Reclamation law enforcement contracts and cooperative agreements.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Reclamation law enforcement contracts and... PROJECTS Program Requirements § 422.9 Reclamation law enforcement contracts and cooperative agreements. (a... Federal laws. (b) Each contract and cooperative agreement authorizing the exercise of Reclamation law...

Informal administrative acts in public economic law

International Nuclear Information System (INIS)

Bauer, H.

1987-01-01

The article deals with agreements between the administration and citizens, which play a considerable part in public commercial law and in atomic energy law. The legal basis can be the doctrine of administrative legal relationship, which clarifies the reciprocity and multilaterality of the legal relationship. In the future informal administrative acts will have an increasing meaning. (CW) [de

Public Policy Exceptions in European Private Law : A New Research Project

NARCIS (Netherlands)

Colombi Ciacchi, Aurelia

2014-01-01

Public policy exceptions arguably exist in all fields of private and commerciallaw, not only in private international law but also in substantive law. In substantive private law, the term 'public policy exception' could be used to indicate general illegality rules that make an act of private

Exponential and power laws in public procurement markets

Czech Academy of Sciences Publication Activity Database

Krištoufek, Ladislav; Skuhrovec, J.

2012-01-01

Roč. 99, č. 2 (2012), 28005-1-28005-6 ISSN 0295-5075 R&D Projects: GA ČR GA402/09/0965 Grant - others:GA UK(CZ) 118310; SVV(CZ) 265 504; GA TA ČR(CZ) TD010133 Institutional support: RVO:67985556 Keywords : Public procurement * Scaling * Power law Subject RIV: AH - Economics Impact factor: 2.260, year: 2012 http://library.utia.cas.cz/separaty/2012/E/kristoufek-exponential and power laws in public procurement markets.pdf

The Notice on the Notion of State Aid and Public Procurement Law

DEFF Research Database (Denmark)

Ølykke, Grith Skovgaard

2016-01-01

uncertainty. Then the elaborations made in the Notice on the notion of aid concerning the relation between the two areas of law are analysed and discussed, in particular, first, the question whether adhering to the procurement procedures laid down in the public procurement directives will eliminate the risk......The Commission Notice on the notion of State aid includes elaboration on the relationship between State aid law and public procurement law. To begin with, the article examines some of the reasons why the relationship between State aid law and public procurement law is surrounded by legal...... of granting State aid and, second, the issues rising from State aid control of in-house situations. It is concluded that even though the Notice on the notion of aid brings some needed clarity that fosters coherence between State aid law and public procurement law, the existing legal uncertainty is not even...

Public and Private School Principals' Knowledge of Special Education Law

Science.gov (United States)

Boyd, Marie Nicole

2018-01-01

The purpose of this study is to examine the knowledge of special education law held by public and private school principals as the law pertains to providing the appropriate services to students with disabilities. Numerous studies have investigated public school principals' level of preparation, training, and role within in special education law.…

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

Origins and framework of environmental law in the United States

Energy Technology Data Exchange (ETDEWEB)

Robinson, N A

1975-11-01

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

Trends in State and Federal land use law relating to inventories, monitoring and evaluation

Science.gov (United States)

Lamb, C. M.

1974-01-01

A description and analysis of selected State and Federal laws relating to land use inventories, monitoring, and evaluation is presented. Legal requirements and information systems for land use in the following states are reviewed: Colorado, Delaware, Florida, Hawaii, Indiana, Kansas, Maine, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Utah, Vermont, and West Virginia.

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…

OUTSIDER EDUCATION: INDIGENOUS LAW AND LAND-BASED LEARNING

Directory of Open Access Journals (Sweden)

John Borrows

2017-01-01

Full Text Available This article examines pedagogical developments in Canadian law schools related to outdoor education. In the process, it shows how recommendations from the Indian Residential Schools Truth and Reconciliation Commission can be applied, which called for law schools to create Indigenous-focused courses related to skills-based training in intercultural competency, conflict resolution, human rights and anti-racism. Land-based education on reserves can give law students meaningful context for exploring these Calls to Action. At the same time this article illustrates that taking students outside law school walls is not solely an Indigenous development. Thus, it first provides a few examples about how outdoors legal education is occurring in non-Indigenous settings. Next, the article examines unique Indigenous legal methodologies for learning law on and from the land. Finally, the author discusses his own experience in teaching Anishinaabe law on his reserve to demonstrate how students can develop deeper understandings of their professional responsibilities.   Dans cet article, l’auteur aborde les développements pédagogiques liés à l’enseignement de plein air dans les écoles de droit du Canada. Ainsi, il montre comment il est possible de donner suite aux recommandations de la Commission de vérité et de réconciliation relative aux pensionnats indiens, notamment en ce qui concerne la création par les écoles de droit de cours axés sur les compétences au regard de l’aptitude interculturelle, du règlement des différends, des droits de la personne et de la lutte contre le racisme. L’éducation axée sur le territoire qui est offerte sur les réserves peut donner aux étudiants en droit un contexte significatif qui les aidera à explorer ces appels à l’action. Au même moment, cet article montre que l’apprentissage du droit à l’extérieur des murs de l’école de droit n’est pas observé uniquement chez les Autochtones. Ainsi

Snowboard jumping, Newton’s second law and the force on landing

Science.gov (United States)

O'Shea, Michael J.

2004-07-01

An application of Newton’s second law to a snowboarder dropping off a vertical ledge shows that the average normal force during landing (force exerted by the ground on the snowboarder) is determined by four factors. It is shown that the flexing of the legs, the softness of the snow, the angle of the landing surface and the forward motion of the snowboarder can contribute significantly to reducing the force on landing. A judicious choice of the geometry of the jump leads to a force on landing that is equal to the force that the snowboarder would feel if they were standing at the landing point independent of the height from which the snowboarder jumps. Thus we are able to explain with a relatively simple model why a snowboarder may jump from rather high ledges and land comfortably. The physics here is also applicable to jumps in other sports including skiing and mountain biking. The importance of knowing the limits of models is discussed and some of the limits of this model are pointed out.

Using the laws and the regularities of public administration in the state strategic planning

Directory of Open Access Journals (Sweden)

O. L. Yevmieshkina

2016-03-01

Full Text Available The article researches the use of laws of public administration in the state strategic planning; defined a methodological basis of state strategic planning. State strategic planning as a function of public administration exists in accordance with its laws and regularities. Author established the use of public administration laws as: unity socio-economic system, required diversity, system integrity, unity techniques and basic functions of social management at all levels of public administration: central, sectorial, regional. At the public administration level this laws as a rule us in working and realization of state strategy, state, region and sectorial program, which directed to improve of political, economic and social process. State strategic planning as a function of public administration exists in accordance with its laws. The law in our research is considered as objective, substantive, necessary, sustainable relationship between events. The most essential feature of law is reflecting the objective state of affairs, objective relations between things, items and phenomenon’s. The other difficult sign of law is necessity as relation, which inevitably revealed in the development process of different things. Law category with regularity category is relation. Regularity is wider category then the law. The state strategic planning is an integrated, systematic process due to the action and use laws and regularities of public administration. That improves the efficiency of public administration.

PUBLIC PROCUREMENT IN GHANA: THE IMPLEMENTATION CHALLENGES TO THE PUBLIC PROCUREMENT LAW 2003 (ACT 663

Directory of Open Access Journals (Sweden)

Ameyaw, Collins

2012-08-01

Full Text Available The purpose of this study was to identify various implementation bottlenecks to the Ghana Public Procurement Law 2003 (Act 663. The study adopted multiple research approaches, including; review of relevant literature, interviews and questionnaire survey of 49 District Assemblies and Metropolitan and Municipal Assemblies in the Ashanti and Brong Ahafo Regions of Ghana. The study identified low capacity of procurement professionals, low interaction between procurement entities and Public Procurement Authority (PPA, deliberate controlling of competition, non-compliance with provisions of the law, splitting of contracts into smaller lots, lack of funds and non-cooperativeness of suppliers, as the major challenges militating against the implementation of the Public Procurement Law.

75 FR 27855 - Certifications Pursuant to Section 609 of Public Law 101-162

Science.gov (United States)

2010-05-18

... DEPARTMENT OF STATE [Public Notice 7013] Certifications Pursuant to Section 609 of Public Law 101... Law 101-162 (``Section 609''), that 13 nations have adopted programs to reduce the incidental capture... 609 of Public Law 101-162 prohibits imports of certain categories of shrimp unless the President...

A Decision Support System for Land Allocation under Multiple Objectives in Public Production Forests in the Brazilian Amazon

Directory of Open Access Journals (Sweden)

Marco W. Lentini

2010-01-01

Full Text Available Logging in natural forests is a vital economic activity in the Brazilian Amazon. However, illegal and unplanned logging is exhausting forests rapidly. In 2006, a new forestry law in Brazil (Lei 11,284/2006 established the legal framework to develop state and national public forests for multiple uses. To support public forest planning efforts, we combine spatially explicit data on logging profits, biodiversity, and potential for community use for use within a forest planning optimization model. While generating optimal land use configurations, the model enables an assessment of the market and nonmarket tradeoffs associated with different land use priorities. We demonstrate the model's use for Faro State Forest, a 636,000 ha forest embedded within a large mosaic of conservation units recently established in the state of Pará. The datasets used span the entire Brazilian Amazon, implying that the analysis can be repeated for any public forest planning effort within the region.

Acquisition of public lands for disposal of low-level radioactive waste

International Nuclear Information System (INIS)

Dawson, J.H.

1983-09-01

It is clear that the Federal Land Policy Management Act (FLPMA) gives broadly extended statutory authority to the Bureau of Land Management (BLM) to effect public land transactions. For the purposes of this study, the focus will be on an examination of the boundaries of BLM's powers to effect the exchange and sale of public lands. In the course of examining these powers, consideration will be given also to certain limitations inherent in the statutes which may delay implementation of BLM powers and the consequent effective transfer of public lands. The principal reason for possible delay is the FLPMA requirement for land use planning. Other delay sources could be the requirement for fair market value and the increased prospect of third party judicial challenge. Finally, some consideration will be given to alternative approaches such as the Federal Asset Management Program, the Recreation and Public Purposes Act and State selection of lands

76 FR 81526 - Notice of Realty Action: Recreation and Public Purposes Act Classification of Public Land...

Science.gov (United States)

2011-12-28

..., approximately 8.45 acres of public land in Comanche County, Oklahoma. The Town of Medicine Park proposes to use... County, Oklahoma AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY...: The following described public land in Comanche County, Oklahoma, has been examined and found suitable...

Nuclear law and public acceptance

International Nuclear Information System (INIS)

Muguet, Tania Mara F.

2009-01-01

After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

Nuclear law and public acceptance

Energy Technology Data Exchange (ETDEWEB)

Muguet, Tania Mara F. [Comissao Nacional de Energia Nuclear (CNEN), Rio de Janeiro, RJ (Brazil). Coordenacao Geral de Assuntos Internacionais], e-mail: tmuguet@cnen.gov.br

2009-07-01

After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

Acquisition of the ownership of agricultural lands in Hungary, taking the EU's and other countries' law into consideration

Directory of Open Access Journals (Sweden)

Szilágyi János E.

2016-01-01

Full Text Available The present article concentrates on the acquisition of ownership (and in some respects: use of agricultural and forestry lands, especially as to the cross-border aspects. One of the hypotheses of the article is that the above mentioned issue is a topical question almost all around the world. Nevertheless, the article focuses on a European aspect of the cross-border acquisition, namely the new land law rules of the EU's Member States having joined the European Union in 2004 and 2007. In 2014 and 2015, the European Commission had assessed the land law of these Member States (i.e. Bulgaria, Hungary, Latvia, Lithuania, Slovakia and initiated infringement procedures against these countries at the Court of Justice of the European Union. Besides the regulation of these new Member States of the EU, the present article deals with the legislation of other Member States as well as the provisions of non-EU states. The article gives substantial consideration to phenomena such as sovereignty, land-hunger or soil degradation which may exercise significant influence on the land law of a state.

THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW

Directory of Open Access Journals (Sweden)

Valentine Charlotte ENE

2014-06-01

Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.

Section Level Public Land Survey - polygons

Data.gov (United States)

Minnesota Department of Natural Resources — Public Land Survey line delineations to the section level. Data are derived primarily from Section corner locations captured from paper USGS seven and one-half...

Section Level Public Land Survey - lines

Data.gov (United States)

Minnesota Department of Natural Resources — Public Land Survey line delineations to the section level. Developed from manually digitized section corners captured from paper USGS seven and one-half map sources.

Public Supervision over Private Relationships : Towards European Supervision Private Law?

NARCIS (Netherlands)

Cherednychenko, O.O.

2014-01-01

The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of

Land Restitution through the Lens of Environmental Law: Some Comments on the South African Vista

Directory of Open Access Journals (Sweden)

A du Plessis

2006-05-01

Full Text Available Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution is seen as an integral step in the democratisation process as well as in the social and economic empowerment of previously marginalised groups. For many, the true test for political transformation will be whether land needs (including protection of and care for the environment are addressed effectively and in a sustainable manner. In recent years, however, government’s addressing of land needs has become a highly controversial issue, especially where land that vests in private owners is claimed back because of its status as ancestral land. Land reform may strongly impact on the environment and sustainable development as protected in section 24 of the Constitution since it involves vast hectares of land, other environmental media and people. Restitution of land processes in terms of section 25(7, as one of the components of land reform, often does not take key provisions contained in environmental and planning law into account. In many instances, for example, government’s restitution projects do not make sufficient provision for harmonisation with environmental principles contained in environmental law and no or limited systems exist whereby to inform and assist land restitution beneficiaries on compliance with environmental and planning law obligations in post settlement development endeavours. These limitations could, inter alia, be linked with the fragmentation of the environmental governance regime and a lack of role clarification. It may furthermore result in significant conflict between sections 24 and 25(7 of the Constitution as overarching framework legislation, and between developmental objectives contained in sectoral-specific subordinate legislation. The restitution of land is, amongst other policies, regulated by section 25(7 of the Constitution and the Restitution of Land Rights

Living apart together: the relationship between public and private international law

NARCIS (Netherlands)

de Boer, T.M.

2010-01-01

There have been times when public and private international law were closely related. As a means to solve conflicts of sovereign jurisdiction, conflicts law used to be considered as an integral part of the law of nations. Even after Savigny shifted the focus of private international law from the

Public Values in Water Law: A Case of Substantive Fragmentation?

OpenAIRE

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various institutional levels. This article assesses whether there is substantive fragmentation in water law at the international, the European, the sub-regional (Danube River Basin), and the Dutch domestic level. ...

Raw materials from the public lands in century 21

Science.gov (United States)

H. Fred Kaiser; James E. Granskog

1996-01-01

Forest management on public lands is undergoing fundamental change. To understand forest management on U.S. public lands in the future, an understanding of the concept of ecosystem management will be needed. Ecosystem management is not a goal unto itself, but a means to an endCand that end goal is sustainability of all resources. A number of commitments have been made...

Public Support for Weight-Related Antidiscrimination Laws and Policies.

Science.gov (United States)

Hilbert, Anja; Hübner, Claudia; Schmutzer, Gabriele; Danielsdottir, Sigrun; Brähler, Elmar; Puhl, Rebecca

2017-01-01

Weight-related discrimination is prevalent and associated with health impairments for those who are targeted, which underscores the need of antidiscrimination legislation. This study is the first to examine public support of weight-related antidiscrimination laws or policies in Germany, compared to the US and Iceland. In a representative German population sample (N = 2,513), public support for general and employment-specific weight-related antidiscrimination policies, weight-based victimization, and weight bias internalization were measured through established self-report questionnaires. Half of the German population sample agreed with antidiscrimination policies. General antidiscrimination laws received lower support than employment-specific laws. Support for policies considering obesity a physical disability was greatest in Germany, whereas support for employment-specific antidiscrimination laws was lower in Germany than in the US and Iceland. Total support for weight-related antidiscrimination policies was significantly predicted by lower age, female gender, obese weight status, residence in West Germany, church membership, and readiness to vote in elections. German support for weight-related antidiscrimination policies is moderate. Increasing awareness about weight-related discrimination and laws prohibiting this behavior may help to promote policy acceptance. © 2017 The Author(s) Published by S. Karger GmbH, Freiburg.

Community energy systems and the law of public utilities

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Nebraska governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitiled ''Community Energy Systems and the Law of Public Utilities--Volume One: An Overview.'' This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

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

Directory of Open Access Journals (Sweden)

Salma Jožef

2012-01-01

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

Development of Systematic Knowledge Management for Public Health: A Public Health Law Ontology

Science.gov (United States)

Keeling, Jonathan

2012-01-01

The Institute of Medicine has stated that legal structures and the authority vested in health agencies and other partners within the public health system are essential to improving the public's health. Variation between the laws of different jurisdictions within the United States allows for natural experimentation and research into their…

Discrimination in Public Employment: The Evolving Law.

Science.gov (United States)

McCarthy, Martha M.

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

At the Intersection between Expropriation Law and Administrative Law: Two Critical Views on the Constitutional Court's Arun Judgment

Directory of Open Access Journals (Sweden)

Ernst Jacobus Marais

2016-08-01

Full Text Available In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence be compensated for the "expropriation" of such excess land if the provision is to comply with section 25(2 of the Constitution. This ruling is problematic for both expropriation law and administrative law. In terms of section 25(2 four objections may be raised against the Arun decision. Firstly, it disregards the function of the public interest requirement for expropriation, as understood in view of the law-of-general-application requirement (which, in turn, is informed by the legality principle. The state cannot expropriate property for purposes that are ultra vires (or ulterior to the authorising legislation. Yet the Arun court seems to allow just this by permitting the local authority to acquire land unrelated to the normal need of the development against payment of compensation instead of setting the attempted expropriation aside. The judgment, secondly, ignores the role of compensation under section 25(2. Merely paying compensation to an affected party cannot turn an invalid expropriation into a valid one, since compensation is merely the result of a valid expropriation and not a justification for it. Thirdly, it makes the distinction between deprivation and expropriation pivot on the effect of the property limitation, which is unable to properly distinguish between these two forms of limitation in all instances. Finally, Moseneke DCJ's ruling seems to afford an election to litigants who are affected by materially defective expropriations to choose whether to accept the expropriation and claim compensation or to have it reviewed and set aside under PAJA. This election, if it indeed exists, subverts the principles of expropriation law

Decree No. 895, Special Law on the expropriation and disposition of rural lands exceeding 245 hectares, 18 February 1988.

Science.gov (United States)

1988-01-01

This Law contains rules on the expropriation of land that was not broken into parcels as mandated by Article 105 of the Constitution of El Salvador. Such land is to be taken over by the Government unless it is the land of farming cooperatives or communities. Under the Law, a legal presumption exists that the owner of such land is responsible for the fact that it has not been broken up. The Salvadoran Institute of Agrarian Transformation (ISTA) is charged with taking possession and disposing of expropriated land. It is to determine indemnification for the land and to pay indemnification by means of agrarian reform bonds, which can be used by the holder for financing various agricultural projects. It is to transfer the land to farmers, farming communities, and farming cooperatives, with preference given to those already exploiting the land; no individual is to receive more than seven hectares. ISTA is also to set the terms by which those given land are to pay for it, and, in no case, is it to receive less than it gave to those from whom it expropriated the land. full text

The Whys and Hows of Certification. Public Librarian Certification Law.

Science.gov (United States)

Wisconsin State Dept. of Public Instruction, Madison. Div. of Library Services.

Under Wisconsin state law (Administrative Code P1-6.03) any librarian employed in a public library system or any municipal public library, except in a city of the first class, supported in whole or in part by public funds, must hold state certification. Qualifications are delineated for three grades of certification: grade 1, for public libraries…

78 FR 44965 - Notice of Proposed Withdrawal Extension and Opportunity for Public Meeting for the Grays Lake...

Science.gov (United States)

2013-07-25

.... 7130 transferred jurisdiction of 37.5 acres of public land withdrawn from settlement, sale, location, or entry under the public land laws, including the United States mining laws, from the U.S. Forest... INFORMATION: The withdrawal created by PLO No. 7130 (60 FR 16585 (1995)), which transferred jurisdiction of 37...

Creating Protected Areas on Public Lands: Is There Room for Additional Conservation?

Directory of Open Access Journals (Sweden)

Rodrigo A Arriagada

Full Text Available Most evaluations of the effectiveness of PAs have relied on indirect estimates based on comparisons between protected and unprotected areas. Such methods can be biased when protection is not randomly assigned. We add to the growing literature on the impact of PAs by answering the following research questions: What is the impact of Chilean PAs on deforestation which occurred between 1986 and 2011? How do estimates of the impact of PAs vary when using only public land as control units? We show that the characteristics of the areas in which protected and unprotected lands are located differ significantly. To satisfactorily estimate the effects of PAs, we use matching methods to define adequate control groups, but not as in previous research. We construct control groups using separately non-protected private areas and non-protected public lands. We find that PAs avoid deforestation when using unprotected private lands as valid controls, however results show no impact when the control group is based only on unprotected public land. Different land management regimes, and higher levels of enforcement inside public lands may reduce the opportunity to add additional conservation benefits when the national systems for PAs are based on the protection of previously unprotected public lands. Given that not all PAs are established to avoid deforestation, results also admit the potential for future studies to include other outcomes including forest degradation (not just deforestation, biodiversity, wildlife, primary forests (not forests in general, among others.

Creating Protected Areas on Public Lands: Is There Room for Additional Conservation?

Science.gov (United States)

Arriagada, Rodrigo A; Echeverria, Cristian M; Moya, Danisa E

2016-01-01

Most evaluations of the effectiveness of PAs have relied on indirect estimates based on comparisons between protected and unprotected areas. Such methods can be biased when protection is not randomly assigned. We add to the growing literature on the impact of PAs by answering the following research questions: What is the impact of Chilean PAs on deforestation which occurred between 1986 and 2011? How do estimates of the impact of PAs vary when using only public land as control units? We show that the characteristics of the areas in which protected and unprotected lands are located differ significantly. To satisfactorily estimate the effects of PAs, we use matching methods to define adequate control groups, but not as in previous research. We construct control groups using separately non-protected private areas and non-protected public lands. We find that PAs avoid deforestation when using unprotected private lands as valid controls, however results show no impact when the control group is based only on unprotected public land. Different land management regimes, and higher levels of enforcement inside public lands may reduce the opportunity to add additional conservation benefits when the national systems for PAs are based on the protection of previously unprotected public lands. Given that not all PAs are established to avoid deforestation, results also admit the potential for future studies to include other outcomes including forest degradation (not just deforestation), biodiversity, wildlife, primary forests (not forests in general), among others.

Evaluating the return in ecosystem services from investment in public land acquisitions.

Directory of Open Access Journals (Sweden)

Kent Kovacs

Full Text Available We evaluate the return on investment (ROI from public land conservation in the state of Minnesota, USA. We use a spatially-explicit modeling tool, the Integrated Valuation of Ecosystem Services and Tradeoffs (InVEST, to estimate how changes in land use and land cover (LULC, including public land acquisitions for conservation, influence the joint provision and value of multiple ecosystem services. We calculate the ROI of a public conservation acquisition as the ratio of the present value of ecosystem services generated by the conservation to the cost of the conservation. For the land scenarios analyzed, carbon sequestration services generated the greatest benefits followed by water quality improvements and recreation opportunities. We found ROI values ranged from 0.21 to 5.28 depending on assumptions about future land use change, service values, and discount rate. Our study suggests conservation is a good investment as long as investments are targeted to areas with low land costs and high service values.

Evaluating the Return in Ecosystem Services from Investment in Public Land Acquisitions

Science.gov (United States)

Kovacs, Kent; Polasky, Stephen; Nelson, Erik; Keeler, Bonnie L.; Pennington, Derric; Plantinga, Andrew J.; Taff, Steven J.

2013-01-01

We evaluate the return on investment (ROI) from public land conservation in the state of Minnesota, USA. We use a spatially-explicit modeling tool, the Integrated Valuation of Ecosystem Services and Tradeoffs (InVEST), to estimate how changes in land use and land cover (LULC), including public land acquisitions for conservation, influence the joint provision and value of multiple ecosystem services. We calculate the ROI of a public conservation acquisition as the ratio of the present value of ecosystem services generated by the conservation to the cost of the conservation. For the land scenarios analyzed, carbon sequestration services generated the greatest benefits followed by water quality improvements and recreation opportunities. We found ROI values ranged from 0.21 to 5.28 depending on assumptions about future land use change, service values, and discount rate. Our study suggests conservation is a good investment as long as investments are targeted to areas with low land costs and high service values. PMID:23776429

77 FR 51560 - Notice of Realty Action: Termination of Recreation and Public Purposes Act Classifications and...

Science.gov (United States)

2012-08-24

... the public land laws generally, including the 1872 Mining Law. The classification termination and... jurisdiction as suitable for lease pursuant to the R&PP Act (44 Stat. 741), as amended, and 43 CFR 2741.5 (64... acres of public land under its jurisdiction as suitable for lease pursuant to the R&PP Act (44 Stat. 741...

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.)

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…

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 Committed Changes Within Public Procurement Law in Turkey (2003-2014

Directory of Open Access Journals (Sweden)

Mehmet Nar

2015-02-01

Full Text Available 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 study is trying to question the content of arrangements which were prepared with great expectations at first during the period of current government, but since 2003, when they were put into practice, they have been changed and criticized significantly. Besides, the impressions in public opinions about the idea that the Law forms a basis for the waste of resources have become the research subject.

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

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-01-01

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

Lease of agricultural land of the Treasury in the light of new regulations

Directory of Open Access Journals (Sweden)

Adam Majchrzak

2012-04-01

Full Text Available After 1992 lease was in Poland the primary form of land management of Treasury agricul-ture property. It was preferred by both the state because of the possibility of quick disposal of property and by farmers because of the need to involve the smaller one-off funding, which could be used instead for production and investment. In recent years the importance of leasing as a way of public land management has been decreasing in favour of the sale. It follows with the growing demand for agricultural land, as well as government policies and actions undertaken by the Agricultural Property Agency. This results in the new law regula-tions on public agricultural property management, which on 3 December 2011 introduced significant changes in the public land lease. The aim of new regulations is to accelerate the privatization of state land resources, which will be carried out in the first place by disabling part of the leased agricultural land from large-area farms, as well as for sale of the land, for which the lease will be ended. In this article the author tries to assess the impact of introduced regulations on the role of leasing of public agricultural land in Poland. It is expected that due to the new law, the lease will concern mainly small plots, while interest in the lease as a way to increase land resources by individual farmers will be reduced.

Public Values in Water Law: A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, M.; Gilissen, Herman Kasper; van Kempen, Jasper

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

Public Values in Water Law : A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

Linking Climate Risk, Policy Networks and Adaptation Planning in Public Lands

Science.gov (United States)

Lubell, M.; Schwartz, M.; Peters, C.

2014-12-01

Federal public land management agencies in the United States have engaged a variety of planning efforts to address climate adaptation. A major goal of these efforts is to build policy networks that enable land managers to access information and expertise needed for responding to local climate risks. This paper investigates whether the perceived and modeled climate risk faced by different land managers is leading to larger networks or more participating in climate adaptation. In theory, the benefits of climate planning networks are larger when land managers are facing more potential changes. The basic hypothesis is tested with a survey of public land managers from hundreds of local and regional public lands management units in the Southwestern United States, as well as other stakeholders involved with climate adaptation planning. All survey respondents report their perceptions of climate risk along a variety of dimensions, as well as their participation in climate adaptation planning and information sharing networks. For a subset of respondents, we have spatially explicity GIS data about their location, which will be linked with downscaled climate model data. With the focus on climate change, the analysis is a subset of the overall idea of linking social and ecological systems.

RESEARCH: Theory in Practice: Applying Participatory Democracy Theory to Public Land Planning

Science.gov (United States)

Moote; Mcclaran; Chickering

1997-11-01

/ Application of participatory democracy theory to public participation in public land planning, while widely advocated, has not been closely examined. A case study is used here to explicate the application of participatory democracy concepts to public participation in public land planning and decision making. In this case, a Bureau of Land Management resource area manager decided to make a significant shift from the traditional public involvement process to a more participatory method-coordinated resource management (CRM). This case was assessed using document analysis, direct observation of CRM meetings, questionnaires, and interviews of key participants. These sources were used to examine the CRM case using participatory democracy concepts of efficacy, access and representation, continuous participation throughout planning, information exchange and learning, and decision-making authority. The case study suggests that social deliberation in itself does not ensure successful collaboration and that establishing rules of operation and decision making within the group is critical. Furthermore, conflicts between the concept of shared decision-making authority and the public land management agencies' accountability to Congress, the President, and the courts need further consideration.KEY WORDS: Case study; Coordinated resource management; Public participation; Administrative discretion; Representation; Consensus; Collaboration

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

78 FR 22761 - Delegation of Functions Under Sections 404 and 406 of Public Law 112-208

Science.gov (United States)

2013-04-16

...--Delegation of Functions Under Sections 404 and 406 of Public Law 112-208 Presidential Determination No. 2013... and 406 of Public Law 112-208 Memorandum for the Secretary of State [and] the Secretary of the... conferred upon the President by sections 404 and 406 of Public Law 112-208 as follows: I hereby delegate to...

The Public Safety Impact of Community Notification Laws: Rearrest of Convicted Sex Offenders

Science.gov (United States)

Freeman, Naomi J.

2012-01-01

Sex offender management is one of the highest-profile issues in public safety today. Although states have enacted community notification laws as a means to protect communities from sexual offending, limited research has been conducted to examine the impact of these laws on public safety. As such, this study used a quasi-experimental design to…

Landscape integration and harmonization assessment guide : wind farm siting project on public land

Energy Technology Data Exchange (ETDEWEB)

Bouchard, M.A.; Boudart, M.; Arsenault, M.; Lauzon, M.; Lizotte, C.; Munoz, P.; Poirier, C.; Guimont, C.; Sainte-Marie, L.

2005-07-01

The development of a wind farm industry depends greatly on obtaining land use rights. This paper describes a program created by the Quebec Government to make public land available for wind farm construction. In particular, the program allows the government to set aside public land to promote the development of the wind industry in the Gaspe Region and the Matane Regional County Municipality. It also awards land rights for wind farm construction to bidders who have signed wind energy sales contracts with Hydro-Quebec Distribution. The program allows the government to set lease rates for public land used for wind farms based on market rates. This document is a guide used by Quebec's Ministry of Natural Resources to evaluate projects and issue leases for parcels of public land to be used for wind turbine arrays. It identifies major landscape issues associated with wind farms and allows proponents to demonstrate the natural and anthropogenic impacts of a wind farm on the landscape and present mitigative measures to minimize these impacts. This document also identifies the wind farm landscape integration and harmonization principles for public lands in Quebec. It was noted that wind farm projects with 10 MW capacity or less are not subject to guidelines established by the Quebec Ministry of Sustainable Development, Environment and Parks. 23 refs., 2 tabs.

75 FR 51841 - Notice of Realty Action: Proposed sale of Public Lands, Churchill County, NV

Science.gov (United States)

2010-08-23

... Lands, Churchill County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action... value, approximately 800 acres of public lands in Churchill County, Nevada, through direct [email protected] . SUPPLEMENTARY INFORMATION: The following described public lands in Churchill County...

Don't Shoot the Messenger: Public Relations for Law Enforcement

Science.gov (United States)

Baxter, David S.

2013-01-01

This communication project provides an overview of public relations as seen through the communication arts. It is specifically focused to give law enforcement officers a general review of the practice of public relations, communication basics, and an understanding of the media. This course also provides the facilitator with multiple tools for…

National public health law: a role for WHO in capacity-building and promoting transparency.

Science.gov (United States)

Marks-Sultan, Géraldine; Tsai, Feng-Jen; Anderson, Evan; Kastler, Florian; Sprumont, Dominique; Burris, Scott

2016-07-01

A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries' legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law - from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance.

National public health law: a role for WHO in capacity-building and promoting transparency

Science.gov (United States)

Tsai, Feng-jen; Anderson, Evan; Kastler, Florian; Sprumont,, Dominique; Burris, Scott

2016-01-01

Abstract A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries’ legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law – from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance. PMID:27429492

Public Land Survey System (PLSS) Quarter Section Polygons, California, 2015, Bureau of Land Management

Data.gov (United States)

U.S. Environmental Protection Agency — PLSSSecondDivision: This data set represents the GIS Version of the Public Land Survey System including both rectangular and non-rectangular surveys. The primary...

Public Land Survey System (PLSS) Township Range Polygons, California, 2015, Bureau of Land Management

Data.gov (United States)

U.S. Environmental Protection Agency — PLSSTownship: This dataset represents the GIS Version of the Public Land Survey System including both rectangular and non-rectangular surveys. The primary source for...

Public Smoking Bans, Youth Access Laws, and Cigarette Sales at Vending Machines

OpenAIRE

Kvasnicka, Michael

2010-01-01

Tobacco control policies have proliferated in many countries in recent years, in particular youth access laws and public smoking bans. The effectiveness of youth access laws is still disputed, however, as are the costs of public smoking bans to the hospitality industry. Using a unique data set on cigarette sales at more than 100k vending machines that provides first objective evidence on the outgoing and customer behavior of smokers, we study both outcome dimensions by investigating several r...

76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2011-02-03

... International Law (ACPIL): Public Meeting on Family Law The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to discuss preparations for the upcoming Special Commission of the Hague Conference on Private International Law on the 1980...

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

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-02-01

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

An analytical guidance law of planetary landing mission by minimizing the control effort expenditure

International Nuclear Information System (INIS)

Afshari, Hamed Hossein; Novinzadeh, Alireza Basohbat; Roshanian, Jafar

2009-01-01

An optimal trajectory design of a module for the planetary landing problem is achieved by minimizing the control effort expenditure. Using the calculus of variations theorem, the control variable is expressed as a function of costate variables, and the problem is converted into a two-point boundary-value problem. To solve this problem, the performance measure is approximated by employing a trigonometric series and subsequently, the optimal control and state trajectories are determined. To validate the accuracy of the proposed solution, a numerical method of the steepest descent is utilized. The main objective of this paper is to present a novel analytic guidance law of the planetary landing mission by optimizing the control effort expenditure. Finally, an example of a lunar landing mission is demonstrated to examine the results of this solution in practical situations

77 FR 53906 - Notice of Proposed Withdrawal and Opportunity for Public Meeting; California

Science.gov (United States)

2012-09-04

... from mining while various studies and analyses are made to support a final decision on the withdrawal... acres of public lands from location and entry under the United States mining laws for a period of 20..., the lands will be segregated from location and entry under the United States mining laws, but not from...

Waste Isolation Pilot Plant, Land Management Plan

International Nuclear Information System (INIS)

1993-01-01

To reflect the requirement of section 4 of the Wastes Isolation Pilot Plant Land Withdrawal Act (the Act) (Public Law 102-579), this land management plan has been written for the withdrawal area consistent with the Federal Land Policy and Management Act of 1976. The objective of this document, per the Act, is to describe the plan for the use of the withdrawn land until the end of the decommissioning phase. The plan identifies resource values within the withdrawal area and promotes the concept of multiple-use management. The plan also provides opportunity for participation in the land use planning process by the public and local, State, and Federal agencies. Chapter 1, Introduction, provides the reader with the purpose of this land management plan as well as an overview of the Waste Isolation Pilot Plant. Chapter 2, Affected Environment, is a brief description of the existing resources within the withdrawal area. Chapter 3, Management Objectives and Planned Actions, describes the land management objectives and actions taken to accomplish these objectives

Waste Isolation Pilot Plant, Land Management Plan

Energy Technology Data Exchange (ETDEWEB)

1993-12-01

To reflect the requirement of section 4 of the Wastes Isolation Pilot Plant Land Withdrawal Act (the Act) (Public Law 102-579), this land management plan has been written for the withdrawal area consistent with the Federal Land Policy and Management Act of 1976. The objective of this document, per the Act, is to describe the plan for the use of the withdrawn land until the end of the decommissioning phase. The plan identifies resource values within the withdrawal area and promotes the concept of multiple-use management. The plan also provides opportunity for participation in the land use planning process by the public and local, State, and Federal agencies. Chapter 1, Introduction, provides the reader with the purpose of this land management plan as well as an overview of the Waste Isolation Pilot Plant. Chapter 2, Affected Environment, is a brief description of the existing resources within the withdrawal area. Chapter 3, Management Objectives and Planned Actions, describes the land management objectives and actions taken to accomplish these objectives.

Collective Land Ownership in the 21st Century: Overview of Global Trends

Directory of Open Access Journals (Sweden)

Liz Alden Wily

2018-05-01

Full Text Available Statutory recognition of rural communities as collective owners of their lands is substantial, expanding, and an increasingly accepted element of property relations. The conventional meaning of property in land itself is changing, allowing for a greater diversity of attributes without impairing legal protection. General identified trends include: (1 declining attempts to deny that community lands are property on the grounds that they may not be sold or are owned collectively; (2 increased provision for communities to be registered owners to the same degree as individual and corporate persons; (3 a rise in number of laws catering specifically to the identification, registration and governance of community property; and (4 in laws that acknowledge that community property may exist whether or not it has been registered, and that registration formalizes rather than creates property in these cases. The research examined the laws of 100 countries to ascertain the status of lands which social communities, either traditionally or in more contemporary arrangements, deem to be their own. Sampling is broadly consistent with numbers of countries per region. The constitutions of all 100 countries were examined. The land laws of 61 countries were scrutinized. Secondary sources were used for 39 countries, mainly due to laws not being available in English. The main secondary source used was LandMark, whose data is publicly available at www.landmarkmap.org.

Privatising the Public University: The Case of Law

Science.gov (United States)

Thornton, Margaret

2011-01-01

"Privatising the Public University: The Case of Law" is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the…

The potential role for management of U.S. public lands in greenhouse gas mitigation and climate policy.

Science.gov (United States)

Olander, Lydia P; Cooley, David M; Galik, Christopher S

2012-03-01

Management of forests, rangelands, and wetlands on public lands, including the restoration of degraded lands, has the potential to increase carbon sequestration or reduce greenhouse gas (GHG) emissions beyond what is occurring today. In this paper we discuss several policy options for increasing GHG mitigation on public lands. These range from an extension of current policy by generating supplemental mitigation on public lands in an effort to meet national emissions reduction goals, to full participation in an offsets market by allowing GHG mitigation on public lands to be sold as offsets either by the overseeing agency or by private contractors. To help place these policy options in context, we briefly review the literature on GHG mitigation and public lands to examine the potential for enhanced mitigation on federal and state public lands in the United States. This potential will be tempered by consideration of the tradeoffs with other uses of public lands, the needs for climate change adaptation, and the effects on other ecosystem services.

78 FR 23952 - Notice of Temporary Closure on Public Lands in Elmore County, ID

Science.gov (United States)

2013-04-23

...] Notice of Temporary Closure on Public Lands in Elmore County, ID AGENCY: Bureau of Land Management, Interior. ACTION: Notice of temporary closure. SUMMARY: Notice is hereby given that the Stout Fire closure to motorized vehicle use is in effect on public lands administered by the Four Rivers Field Office...

Of decentralization of public power Ukrainian land that belonged to Lithuanian (XIII – the early XVII century

Directory of Open Access Journals (Sweden)

C. V. Manuilova

2016-06-01

Full Text Available A comprehensive crisis in Ukraine and continued military confrontation in the Donbass demonstrated the urgent need to establish effective governance, which would imply decentralization of public power. Note that in implementing the decentralization of power in Ukraine insists the International Monetary Fund; United Nations Development Program; the transfer of authority to the field and decentralization of power in Ukraine is one of the points of the Minsk agreements and obligations of Ukraine to the EU. The article deals with the Ukrainian lands topical issue features the decentralization of public power in the XIII - the beginning of XVII century. The importance of the topic due to the need to study the historical experience of the implementation of decentralization. It was, emphasized that the success of the reforms depends largely because of the historical experience and features of the decentralization of public power in the past. Characterized by the development of local government in the Ukrainian lands was part of the Lithuanian state. The purpose of the article is to clarify the characteristics of decentralization of public authority on Ukrainian lands were part of the Lithuanian state during the XVII century XIII. To address this goal, outline decentralization of public power in the state; analyze, competence of local government in the Ukrainian lands that belonged to the Lith uanian State; determine how close to the power of the people. The level of decentralization of public power in the Grand Duchy of Lithuania in the XIII - the beginning of XVII century was high. It was, found that Lithuania had not established a centralized state. It is, noted that the Board of the nobility limited the princely power. The effect of delegated deputies from different parts of the Lithuanian statehood solutions nobility Council.Clarified the facts that confirm the existence of decentralization of public power in Lithuania: the functioning of local

Washington State's Lystedt law in concussion documentation in Seattle public high schools.

Science.gov (United States)

Bompadre, Viviana; Jinguji, Thomas M; Yanez, N David; Satchell, Emma K; Gilbert, Kaiulani; Burton, Monique; Conrad, Ernest U; Herring, Stanley A

2014-01-01

The Lystedt law requires high school athletes who have sustained a concussion to be removed from practice and play and not to be allowed to return until cleared by a medical professional. To determine the effect of the Lystedt law on injury and concussion documentation in the Seattle public high schools. Cross-sectional study. Seattle public high schools. The numbers of students, aged 13 to 19 years in the 2008-2009, 2009-2010, and 2010-2011 school years, were 4348, 4925, and 4806, respectively. All injuries documented in SportsWare by athletic trainers in Seattle public high schools. We evaluated all injuries, including concussions recorded during the 2008-2009 school year, before the Lystedt law, and during the 2 school years after the law took effect (2009-2010 and 2010-2011). Incidence rates before and after the law were estimated and compared. The concussion rate was -1.09% in 2008-2009, 2.26% in 2009-2010, and 2.26% in 2010-2011. A comparison of relative risks showed that the incidence rates of concussions were different before and 1 year after the Lystedt law (relative risk = 2.10; 95% confidence interval [CI] = 1.50, 2.93) and 2 years after the law (relative risk = 2.10; 95% CI = 1.49, 2.93). Overall, the mean number of days out of play after 2008-2009 was almost 7 days greater after the law took effect (difference = 6.9 days; 95% CI = 0.70, 13.1). For females, the mean number of days out of play after 2008-2009 was more than 17 days in 2009-2010 (difference = 17.2 days; 95% CI = 4.81, 29.5) and was more than 6 days in 2010-2011 (difference = 6.3 days; 95% CI = 1.62, 11.0). The number of documented concussions more than doubled after the institution of the Lystedt law, which may be attributed to heightened awareness and closer monitoring.

78 FR 20135 - Notice of Temporary Closure on Public Lands in Boise County, ID

Science.gov (United States)

2013-04-03

...] Notice of Temporary Closure on Public Lands in Boise County, ID AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Temporary Closure SUMMARY: Notice is hereby given that the Springs Fire closure to all human use is in effect on public lands administered by the Four Rivers Field Office, Bureau of...

Community Energy Systems and the Law of Public Utilities. Volume Nine. Connecticut

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description of the laws and programs of the State of Connecticut governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twelve. Georgia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description of the laws and programs of the State of Georgia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community energy systems and the law of public utilities. Volume 20. Louisiana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Louisiana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities--Volume One: An overview. This report also contains a summary of a strategy described in Volume One--An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enchance the likelihood of ICES implementation.

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

The public prosecution's role in criminal proceedings under the rule of law: legal situation in Germany with comparative law remarks on UK and USA

OpenAIRE

Krey, Volker

2009-01-01

"Analyzing the role of Germany as a law-exporting nation the essay deals with a very specific aspect of the Rule of Lawprinciple in criminal proceedings. The author describes the division of functions among police, public prosecution and criminal courts within criminal law enforcement in Germany adding some comparative law remarks. He furthermore provides an overview of structure and organization of the public prosecution in Germany. He focuses on the relationship and interacti...

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 Community Land Act in Kenya Opportunities and Challenges for Communities

Directory of Open Access Journals (Sweden)

Liz Alden Wily

2018-01-01

Full Text Available Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered. A main conclusion is that while Kenya’s law is positive and even cutting-edge in respects, legal loopholes place communities at risk of their lands not being as secure as promised ahead of formalization, and at risk of losing some of their most valuable lands during the formalization process. This is mainly due to overlapping claims by the national and local government authorities. Political will to apply the law is also weak. The truism that the law is never enough on its own to secure social change is illustrated. With or without legal protection, the assistance of non-state actors will be needed to help communities secure their lands under formal collective entitlements. The need for judicial interpretation of disputed legal provisions may also be required to ensure new constitutional principles are delivered.

20 CFR 1002.7 - How does USERRA relate to other laws, public and private contracts, and employer practices?

Science.gov (United States)

2010-04-01

... USERRA relate to other laws, public and private contracts, and employer practices? (a) USERRA establishes... law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false How does USERRA relate to other laws, public...

Land use, worker heterogeneity and welfare benefits of public goods

NARCIS (Netherlands)

Teulings, Coen N.; Ossokina, Ioulia V.; de Groot, Henri L.F.

2018-01-01

We show that investments in public goods change the optimal land use in their vicinity, leading to additional welfare benefits. This occurs through two sorting mechanisms. First, availability of public goods leads to higher population densities. Second, population groups sort according to their

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

Science.gov (United States)

Pomeranz, Jennifer L; Brownell, Kelly D

2008-09-01

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

Public Regulation of the Use of Private Land : Opportunities and Challenges in Kenya

Directory of Open Access Journals (Sweden)

Nixon Sifuna

2009-06-01

Full Text Available In Kenya land is not only one of the most valuable belongings of any person, but a natural heritage that sustains all life forms and one that has to pass on from generation to generation by inheritance. Besides, land is a rather sensitive and emotive issue, for instance, having been central issue in the struggle for independence from colonialism. It is imperative therefore that land be used efficiently and responsibly to ensure it is available to posterity and in a form equitable and beneficial to the present as well as the future generations. Despite its importance, however, land in Kenya is a scarce resource that has to be available to competing uses and needs. It is also a resource whose use may result in environmental harm and degradation, jeopardise the interests of future generations in such land or negatively impact on its various uses. To ensure its efficient use and appropriate distribution of its benefits in the country, there is need for regulation of the use of any land irrespective of its regime of tenure in the public interest-whether is under state ownership, community (communal ownership or private ownership. The power to regulate the use of private land is generally vested in state and is usually exercised by public institutions and officers on behalf of the state and for the citizenry. Indeed a legitimate government especially that which has been popularly and democratically elected by the people is a custodian of the public interest and welfare of the citizens, with the mandate to act on their behalf. Apart from state and governmental entities, this regulation is also exercised by local management institutions, most of which are informal. Despite its beneficial value in terms of promoting the public good, the exercise of the power of public regulation of private land in Kenya faces numerous challenges. Indeed this power if properly employed can not only enforce and promote the public good but ensure sustainable land use

78 FR 39765 - Notice of Proposed Classification of Public Lands/Minerals for State Indemnity Selection, Colorado

Science.gov (United States)

2013-07-02

... Proposed Classification of Public Lands/Minerals for State Indemnity Selection, Colorado AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Proposed Classification. SUMMARY: The Colorado State Board... public lands and mineral estate in lieu of lands to which the State was entitled but did not receive...

Waste Isolation Pilot Plant land management plan

International Nuclear Information System (INIS)

1996-01-01

On October 30, 1992, the WIPP Land Withdrawal Act became law. This Act transferred the responsibility for the management of the WIPP Land Withdrawal Area (WILWA) from the Secretary of the Interior to the Secretary of Energy. In accordance with sections 3(a)(1) and (3) of the Act, these lands open-quotes hor-ellipsis are withdrawn from all forms of entry, appropriation, and disposal under the public land laws hor-ellipsis close quotesand are reserved for the use of the Secretary of Energy open-quotes hor-ellipsis for the construction, experimentation, operation, repair and maintenance, disposal, shutdown, monitoring, decommissioning, and other activities, associated with the purposes of WIPP as set forth in the Department of Energy National Security and Military Applications of Nuclear Energy Act of 1980 and this Act.close quotes. As a complement to this LMP, a MOU has been executed between the DOE and the BLM, as required by section 4(d) of the Act. The state of New Mexico was consulted in the development of the MOU and the associated Statement of Work (SOW)

Waste Isolation Pilot Plant land management plan

Energy Technology Data Exchange (ETDEWEB)

NONE

1996-05-01

On October 30, 1992, the WIPP Land Withdrawal Act became law. This Act transferred the responsibility for the management of the WIPP Land Withdrawal Area (WILWA) from the Secretary of the Interior to the Secretary of Energy. In accordance with sections 3(a)(1) and (3) of the Act, these lands {open_quotes}{hor_ellipsis}are withdrawn from all forms of entry, appropriation, and disposal under the public land laws{hor_ellipsis}{close_quotes}and are reserved for the use of the Secretary of Energy {open_quotes}{hor_ellipsis}for the construction, experimentation, operation, repair and maintenance, disposal, shutdown, monitoring, decommissioning, and other activities, associated with the purposes of WIPP as set forth in the Department of Energy National Security and Military Applications of Nuclear Energy Act of 1980 and this Act.{close_quotes}. As a complement to this LMP, a MOU has been executed between the DOE and the BLM, as required by section 4(d) of the Act. The state of New Mexico was consulted in the development of the MOU and the associated Statement of Work (SOW).

Mapping the Land: Aerial Imagery for Land Use Information. Resource Publications in Geography.

Science.gov (United States)

Campbell, James B.

Intended for geography students who are enrolled in, or who have completed, an introductory course in remote sensing; for geography researchers; and for professors; this publication focuses specifically on those general issues regarding the organization and presentation of land use information derived from aerial imagery. Many of the ideas…

75 FR 26991 - Notice of Realty Action; Competitive Sale of Public Land in Deschutes County, Oregon

Science.gov (United States)

2010-05-13

... Deschutes County, Oregon, at not less than the appraised market value through competitive bidding. The sale... resulted or does hereafter result in: (1) Violations of Federal, State, and local laws and regulations that... hazardous substances(s), as defined by Federal or State environmental laws, off, on, into, or under land...

76 FR 12753 - Notice of Temporary Closures on Public Lands in Ada and Elmore Counties, ID

Science.gov (United States)

2011-03-08

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLIDB00200 LF20000ES.JS0000 LFESFTF60000] Notice of Temporary Closures on Public Lands in Ada and Elmore Counties, ID AGENCY: Bureau of Land... business hours. SUPPLEMENTARY INFORMATION: The Big Fire closure affects public lands located in Ada County...

Accounting for heterogeneity of public lands in hedonic property models

Science.gov (United States)

Charlotte Ham; Patricia A. Champ; John B. Loomis; Robin M. Reich

2012-01-01

Open space lands, national forests in particular, are usually treated as homogeneous entities in hedonic price studies. Failure to account for the heterogeneous nature of public open spaces may result in inappropriate inferences about the benefits of proximate location to such lands. In this study the hedonic price method is used to estimate the marginal values for...

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

Community Energy Systems and the Law of Public Utilities. Volume Eighteen. Kansas

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Kansas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Eleven. Florida

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Florida governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Eight. Colorado

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Colorado governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Seventeen. Iowa

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Iowa governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Nineteen. Kentucky

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Kentucky governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Six. Arkansas

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Arkansas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Five. Arizona

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Arizona governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Three. Alabama

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Alabama governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Sixteen. Indiana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Indiana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty. Nevada

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Nevada governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirteen. Hawaii

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Hawaii governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Seven. California

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of California governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Ten. Delaware

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Delaware governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifteen. Illinois

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Illinois governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Consequences of the Public Contract Law for Purchase of Scientific Appliances in the Czech Republic

Directory of Open Access Journals (Sweden)

Martin Vyklický

2015-01-01

Full Text Available This article essentially covers in more detail the consequences of the present wording of the Public Contract Law for purchase of scientific appliances in the Czech Republic. The beginning of the article deals with increasing public expenses in research; then, the problem is defined concerning unsuitable wording of certain provisions of the Public Contract Law; while subsequently, the solution for the problem is searched together with the final comments. Investing of public funds into science and research is probably the most efficient in a long-term horizon. However, the flow of funds for acquisition of scientific and research equipment should be supported by appropriate legislation with such wording and form not to prevent purchases of that equipment. Availability of public funds for something which in fact cannot be, due to wrongly set legislation, acquired by a contracting authority is the problem which must be eliminated through timely implementation of the above proposed changes in the Public Contract Law.

An assessment of frameworks useful for public land recreation planning.

Science.gov (United States)

Stephen F. McCool; Roger N. Clark; George Stankey

2007-01-01

Public land managers are confronted with an ever-growing and diversifying set of demands for providing recreation opportunities. Coupled with a variety of trends (devolution of governance and decisionmaking, population growth, technological innovation, shifts in public values, economic restructuring) and reduced organizational capacity, these demands represent a...

Communal energy law. An outline. 2. ed.; Kommunales Energierecht. Darstellung

Energy Technology Data Exchange (ETDEWEB)

Henneke, Hans-Guenter; Ritgen, Klaus

2013-08-01

Ensuring a reliable, reasonably priced, environmentally friendly energy supply area-wide belongs to the most important public services that cities, administrative districts and municipalities are required to provide. In preparation of its second edition the present publication was thoroughly revised to do justice to the numerous legislative changes attending the energy turnaround. It presents the wide array of legal instruments at the disposal of municipalities for fulfilling their important duties in matters relating to the energy supply. It discusses the requirements of communal economic law as well as the constitutional and energy economy related framework conditions governing the energy supply. The concession contract, one of the most important instruments in the area of energy supply, has been given a chapter of its own. In regard to another of its focal topics the publication explains how municipal planning autonomy, especially in the area of land use planning, can help municipalities implement energy policies according to their own ideas. The publication concludes with a discussion of topics concerning municipalities as energy consumers, namely energy-related environmental law, the requirements of the Renewable Energy Heat Law and laws on energy saving.

Removal of Public Officers from Office: Law and Justice in a Flux ...

African Journals Online (AJOL)

The courts have striven with changing trends in ensuring balance and justice for both the workers and the industries. The author's appraisal of case law puts in view the state of both substantive and procedural law on the discipline of public officers as expounded by judges in the exercise of their power of judicial review.

The Role of Accounting and Accounting Law in Establishing Public Economic Policies in the Post-crisis Period

Directory of Open Access Journals (Sweden)

Aurelian Virgil BĂLUŢĂ

2012-06-01

Full Text Available The following issues are being adressed in this paper: the relationship of accounting and accounting law with the local economy, the relationship of accounting and accounting law with macroeconomics, establishing public policies for certain categories of enterprises based on information provided by accounting and accounting law, the relationship of accounting and accounting law with macroeconomics foresight and forecast, the relationship of accounting and accounting law with the labor economy, the impact the wage regulations has on public economic policies under firm ownership change.

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

Science.gov (United States)

Howse, Genevieve

2012-09-01

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

The Impact of the Law on the Practice of Public Relations Discourse.

Science.gov (United States)

Pohl, Gayle M.

A review of the literature useful for public relations researchers and students explored the primary legal concerns that public relations practitioners face, including first amendment rights, insider trading, regulations when working with foreign organizations, disclosure, privacy, copyright/trademark law, advertising, and defamation. Public…

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

A Critical Review of the Proposed Palestinian Public Debt Law

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

JIHAD

borrow from external or domestic resources to finance the gap between revenues and ... the Bir Zeit University Institute of Law, who evaluated the study. I would ... service its public debt is shaped by the capital market constraints it faces,.

75 FR 30850 - Final Supplementary Rules for Camping on Undeveloped Public Lands in Montana, North Dakota, and...

Science.gov (United States)

2010-06-02

... Supplementary Rules for Camping on Undeveloped Public Lands in Montana, North Dakota, and South Dakota AGENCY... personal property on undeveloped public lands managed by the BLM in Montana, North Dakota, and South Dakota... public lands throughout Montana, North Dakota, and South Dakota. These final supplementary rules will...

43 CFR 4.452-8 - Findings and conclusions; decision by administrative law judge; submission to Board for decision.

Science.gov (United States)

2010-10-01

... after the time allowed for presenting proposed findings and conclusions, the administrative law judge... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Findings and conclusions; decision by... Findings and conclusions; decision by administrative law judge; submission to Board for decision. (a) At...

Regulatory Powers in Public Procurement Law of Peruvian Administrative Agencies

Directory of Open Access Journals (Sweden)

Juan Carlos Morón Urbina

2017-12-01

Full Text Available Peruvian law has explicitly recognized regulatory powers to administrative agencies, which allows them to have a preponderant role in the production of rules in public procurement. Although these delegations of legislative authority are positively defined, distortions in the system of legal sources arise when agencies exceed delegated powers or when measures issued by administrative entities are mistaken for regulations. This paper aims to identify regulatory powers of Peruvian administrative agencies, as well as the regulatory measures they issue, and their relation with other sources of law.

THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

ROXANA-MARIANA POPESCU

2011-04-01

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

Responding to Public Health Emergencies on Tribal Lands: Jurisdictional Challenges and Practical Solutions.

Science.gov (United States)

Barnard, Justin B

2015-01-01

Response to public health emergencies on tribal lands poses a unique challenge for state and tribal public health officials. The complexity and intensely situation-specific nature of federal Indian jurisprudence leaves considerable question as to which government entity, state or tribal, has jurisdiction on tribal lands to undertake basic emergency measures such as closure of public spaces, quarantine, compulsory medical examination, and investigation. That jurisdictional uncertainty, coupled with cultural differences and an often troubled history of tribal-state relations, threatens to significantly impede response to infectious disease outbreaks or other public health emergencies on tribal lands. Given that tribal communities may be disproportionately impacted by public health emergencies, it is critical that tribal, state, and local governments engage with each other in coordinated planning for public health threats. This Article is offered as a catalyst for such planning efforts. The Article identifies some of the most pressing jurisdictional issues that may confront governments responding to a public health emergency on tribal lands, with the aim of highlighting the nature of the problem and the need for action. The Article goes on to examine the most promising means of addressing jurisdictional uncertainty: intergovernmental agreements. Already utilized in many areas of shared interest between tribe and state, intergovernmental agreements offer neighboring state, local, and tribal governments a vehicle for delineating roles and authorities in an emergency, and may lay the groundwork for sharing resources. The Article surveys various representative tribal public health intergovernmental agreements, and concludes with suggestions for tribes and state or local governments looking to craft their own agreements.

Evaluation of poultry processing practices, related public health laws ...

African Journals Online (AJOL)

Evaluation of poultry processing practices, related public health laws and diseases of chickens at slaughter: A pilot study in Kaduna state. ... The PDF file you selected should load here if your Web browser has a PDF reader plug-in installed (for example, a recent version of Adobe Acrobat Reader). If you would like more ...

The modernization of American public law: health care reform and popular constitutionalism.

Science.gov (United States)

Super, David A

2014-04-01

The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA's structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of "constitutional moment" that has largely replaced Article V's formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments' outcomes springs from broad popular engagement. Despite the Court's ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come. In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA's entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA's failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.

The administrative agreement as a legal form for public services in comparative and roman law

Directory of Open Access Journals (Sweden)

Cristina IONAŞ

2012-01-01

Full Text Available Doctrinal discussions on the administrative agreement have arisen along with the economic, social and industrial development of European countries. The principle of separation of powers adopted in France after the Revolution of 1789, the need to protect private law subjects, has become increasingly necessary as private subjects may be affected by the exercise of public power. Gradually, given the need to protect the interest of both public and private sectors, it has been proceeded to create a system of administrative law, separate from the common law system.

Planning Laws and Policies Which Influence the Use of Land in ...

African Journals Online (AJOL)

... with the view to making proposals which will avail the acquired lands for rational use by the public and the government. It is also recommended that all levels of government embark on appropriate planning schemes as they are empowered by the Lagos State Urban and Regional Planning Act of 1998.. Africa Insight Vol.

Participatory processes for public lands: Do provinces practice what they preach?

Directory of Open Access Journals (Sweden)

Lauren F. Miller

2017-06-01

Full Text Available Here, we analyze the current spaces for public participation in Crown (public land management through a comparative study that focuses on the Canadian provinces of New Brunswick and Nova Scotia. We define spaces for public participation as opportunities for meaningful public involvement in the decision-making arena of forest management. We examine the experiences of public participation in these provinces in an exploratory study comparing perceptions of participatory processes and outcomes of the processes in these two provinces based on 15 years (1999-2014 of informant experience. The objective is to understand more fully the barriers and bridges to meaningful public participation and relate these perceptions to on-the-ground implementation. A primary goal is to understand how, over time, processes with unsatisfying outcomes shape the perceptions of the participants. Rather than focusing on one particular participatory process, this comparative study assesses participation over time to identify the limitations in the participatory environments of these two provinces. We take a qualitative research approach using semistructured interviews with 42 forestry stakeholders, combined with participant observation and document analysis. This research reveals: (1 the importance of historical and cultural context as ongoing power imbalances shape the current dialogue and spaces for participation; (2 periods of robust and sound attempts at public participation in both provinces, with disappointments in implementation giving rise to a sense of futility, a closed system, and mistrust of government and industry over time; (3 a system of privileged access in opposition to the ideals of deliberative democracy and an equitable decision-making process; (4 in New Brunswick, public land policy implementation that is not reflective of participatory processes or of interests outside government and industry; (5 in Nova Scotia, recent efforts to incorporate values

EVALUATION OF SALES VALUE OF OBJECT TAX ON LAND AND BUILDINGS

Directory of Open Access Journals (Sweden)

Titin RULIANA

2014-06-01

Full Text Available Tax revenue today become the backbone of the State reception in the State Budget ( Budget . One of the tax revenue is land and building tax . Basis of property tax is the Sales Value of Object Tax. Sales Value of Object Tax is the average price obtained from the market price , and the price is based on the Decree of the Mayor [3]. Determination Sales Value of Object Tax based on Laws number 12 of 1985 amended by Laws number 12 of 1994 [1]. Determination Sales Value of Object Tax based Formulation of the problem in this paper is as follows : "Is it the Sales Value of Object Tax on Land and Building Tax in Year 2012 in accordance with Laws number 12 of year 1994". This research used a sample of fifty one taxpayers from Income Tax Payable in 2012. Target of research is Sales Value of Object Tax on land and building by comparing the Sales Value of Object Tax contained in the Notification Letter of Tax Payable to the actual situation. Based on the background and formulation of the problem, that : "Calculation Sales Value of Object Tax on Land and Building of 2012 in the District Palaran of Samarinda City not in accordance with Law Number 12 of 1994" . I was concluded that the calculation Sales Value of Object Tax on Land and Buildings in the District Palaran been calculated in accordance with Law on number 12 of 1994 . Difference in the amount of Land and Building Tax to be paid based on The Notification Letter of Tax Payable with the results of research in the field due to lack of public understanding about The Land and Building Tax, so that the taxpayer did not immediately report the wide changes to the tax object owned by the Office of Tax services

Public interest approach to data protection law: the meaning, value and utility of the public interest for research uses of data

OpenAIRE

Stevens, Leslie Anne

2017-01-01

Due to legal uncertainty surrounding the application of key provisions of European and UK data protection law, the public interest in protecting individuals’ informational privacy is routinely neglected, as are the public interests in certain uses of data. Consent or anonymisation are often treated as the paradigmatic example of compliance with data protection law, even though both are unable to attend to the full range of rights and interests at stake in data processing. Curre...

Gender perspective in the implementation of the Victims and Land Restitution Law: a proposal for the characterization of women and girls victims of armed conflict in Colombia

Directory of Open Access Journals (Sweden)

Mariana Castrellón Pérez

2016-08-01

Full Text Available The purpose of this article is to present a methodological proposal to be included by local governments in their planning tools to implement the Victims and Land Restitution Law. Integral reparation measures on behalf of women who have been victimized by the armed actors have to recognize that the victimization oversees the violent episode and exacerbates inequality gaps and the effective enjoyment of rights between men and women. Hence, any attempt to characterize women survivors of the conflict must consider women’s situation in different areas of exclusion such as access to land and housing, educational level, economic independence, among others; as well as the different types of discrimination that women face during peace times. All this to formulate public policy that aims at preventing violence and repairing women in local territories.

The Public Opinion participation in the Nuclear Facilities Licensing Regime: A study for The Egyptian Nuclear Law and other countries laws

International Nuclear Information System (INIS)

Ali, A. M.; Abd El-Moniem, A. E.

2012-12-01

This paper deals with the Nuclear Facilities Licensing Regime and the public Opinion participation. It discusses the general conceptual framework such as the importance of public opinion in the licensing process for nuclear facilities. It deals with the transparency principle and the nuclear safety. It also an analysis the Egyptian nuclear law for regulating the nuclear and radiological activities(law No.7) and its provisions that regulate the participation of the public in the licensing process (Article No.12 paragraph No.7 and 16 ) that staled that the regulatory body will set the regulation to involve the public in the licensing and it will also issues publicly a garrulity report about the nuclear safety situation in the state. It also deals with the legal rules for licensing and the participation of public in it many states such as Japan, France and Germany. The paper concluded that the lunch of a nuclear programme should lunch, in parallel, a programme for the public communications because in the absent of such a public programme, the political decisions of nuclear programme might be lose its effectiveness and the programme might be slow dow. (Author)

Geoportal as a way for monitoring land settlements

Directory of Open Access Journals (Sweden)

Наталя Бубир

2016-10-01

Full Text Available The use of geoportals will improve land monitoring through timely detection of changes in land conditions, mobility access to geospatial data. The result of cadastre geoportals analysis of leading countries, including France, Germany, Great Britain, Austria, USA, Canada, has indicated that their content is correlated to cadastre features in one country and often do not contain complex issues of land monitoring settlements. In Ukraine, there is no public online mapping resource of this topic. It is proposed to establish specialized geoportal monitoring land settlements for public use. The geoportal contents should include an interactive map of each settlement, text information about settlements, laws and regulations, data about existing land use, including land-use violations and carried out or planned environmental activities. An important component of this portal is a personal user panel (Personal office, where he can view, save, print information that is of interest to him, including application forms to the local land management. On this basis we have developed a geoportal monitoring land settlements of Stepnogorsk village council within the student’s research work as part of the relevant geoportals in Zaporizhzhia region. The portal main menu includes: Settlements of Zaporizhzhia region; Monitoring land settlements; Land environmental; Virtual Tour; News. Additional menu contains five tabs: Home (go to home page geoportals; laws; Maps; Photo Gallery; Personal office. Interactive maps of settlements are based on Google maps. Map content includes mapping settlement’s functional areas and distribution of adverse natural and anthropogenic processes. The main map’s advantage is active zone, clicking on which the user is able to see which process is unfavorable in the territory, and which intended purpose is in this land. The user can also edit the map by his personal office. Overall, portal development within student

Classification of public lands valuable for geothermal steam and associated geothermal resources

Energy Technology Data Exchange (ETDEWEB)

Goodwin, L.H.; Haigler, L.B.; Rioux, R.L.; White, D.E.; Muffler, L.J.P.; Wayland, R.G.

1973-01-01

The Organic Act of 1879 (43 USC 31) that established the US Geological Survey provided, among other things, for the classification of the public lands and for the examination of the geological structure, mineral resources, and products of the national domain. In order to provide uniform executive action in classifying public lands, standards for determining which lands are valuable for mineral resources, for example, leasable mineral lands, or for other products are prepared by the US Geological Survey. This report presents the classification standards for determining which Federal lands are classifiable as geothermal steam and associated geothermal resources lands under the Geothermal Steam Act of 1970 (84 Stat. 1566). The concept of a geothermal resouces province is established for classification of lands for the purpose of retention in Federal ownership of rights to geothermal resources upon disposal of Federal lands. A geothermal resources province is defined as an area in which higher than normal temperatures are likely to occur with depth and in which there is a resonable possiblity of finding reservoir rocks that will yield steam or heated fluids to wells. The determination of a known geothermal resources area is made after careful evaluation of the available geologic, geochemical, and geophysical data and any evidence derived from nearby discoveries, competitive interests, and other indicia. The initial classification required by the Geothermal Steam Act of 1970 is presented.

77 FR 14417 - Notice of Temporary Closure on Public Lands in Gooding and Elmore Counties, ID

Science.gov (United States)

2012-03-09

...] Notice of Temporary Closure on Public Lands in Gooding and Elmore Counties, ID AGENCY: Bureau of Land Management, Interior. ACTION: Notice of temporary closure. SUMMARY: Notice is hereby given that the Blair Fire closure to motorized vehicle use is in effect on public lands administered by the Four Rivers and...

Applying the Ecosystem Services Concept to Public Land Management

Science.gov (United States)

We examine the challenges opportunities involved in applying ecosystem services to public lands management, with an emphasis on the work of the USDA Forest Service. We review the history of economics approaches to landscape management, outline a conceptual framework defining the ...

Community Energy Systems and the Law of Public Utilities. Volume Twenty-one. Maine

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Maine governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-eight. Virginia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Virginia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-three. Massachusetts

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Massachusetts governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifty. West Virginia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of West Virginia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-four. Tennessee

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Tennessee governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-seven. Ohio

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Ohio governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-nine. Oregon

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Oregon governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-eight. Montana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Montana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-five. Minnesota

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Minnesota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-five. Texas

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Texas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-six. Utah

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Utah governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilites, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifty-two. Wyoming

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Wyoming governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-nine. Washington

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Washington governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifty-one. Wisconsin

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Wisconsin governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-two. Maryland

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Maryland governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-seven. Missouri

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Missouri governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Workers safety in public psychiatric services: problems, laws and protections.

Science.gov (United States)

Carabellese, F; Urbano, M; Coluccia, A; Gualtieri, G

2017-01-01

The dramatic case of murder of a psychiatrist during her service in her public office (Centro di Salute Mentale of Bari-Libertà) has led the authors to reflect on the safety of workplaces, in detail of public psychiatric services. It is in the light of current legislation, represented by the Legislative Decree of April 9th, 2008 no. 81, which states the implementing rules of Law 123/2007. In particular, the Authors analyzed the criticalities of the application of this Law, with the aim of safeguarding the health and safety of the workers in all psychiatric services (nursing departments, outpatient clinics, community centers, day care centers, etc.). The Authors suggest the need to set up an articulated specific organizational system of risk assessment of psychiatric services, that can prevent and protect the workers from identified risks, and finally to ensure their active participation in prevention and protection activities, in absence of which specific profiles of responsibility would be opened up to the employers.

7 CFR 1901.506 - Book-entry procedure for FmHA or its successor agency under Public Law 103-354 securities...

Science.gov (United States)

2010-01-01

... under Public Law 103-354 securities-issuance and redemption of certificate by Reserve bank. 1901.506... applied to such FmHA or its successor agency under Public Law 103-354 securities, the Reserve bank is... successor agency under Public Law 103-354 securities. (3) A Reserve bank as fiscal agent of the United...

Compulsory Land Acquisitions In Tanganyika Revisiting The British Colonial Expropriation Principles And Practices

Directory of Open Access Journals (Sweden)

Cletus Eligius Ndjovu

2015-08-01

Full Text Available Abstract The British took over Tanganyika from the Germans in 1919 after the First World War. In facilitating colonial economic policies the British Colonial Government enacted Land Ordinance Cap 113 of 1923 and Land Acquisition Ordinance Cap 118 of 1926. These laws facilitated the acquisition of native lands and considerably changed the way expropriation was handled leaving behind permanent marks on the later practice. The colonial practice exposed the inner most economic intents of the British government. Use of legal phrases like for public purpose embedded in the ordinance had multiple legal interpretations and loose definition befitting the colonial economic cravings of the time. Although major provisions of the colonial acquisition laws are reflected in the later laws evidence suggests that a few elements of colonial expropriation practices have also sneaked in as silent laws of expropriation but others have not. Quite a few practices had been deliberately discarded or inadvertently forgotten for lack of a political will to purify and emulate them or due to lack of good record keeping. Using historical data and archival records from the Tanzania National Archives this study explored colonial expropriations mainly by focusing on the principles laws practices and procedures used. The main objective of the study was to identify good practices used during the said era the intended and unintended consequences of these unreported practices especially those which need to be emulated by the current laws and practices. The study concluded by shedding light on bad practices which are being exercised to date uncritically but also acknowledging good colonial expropriation practices which existed then but could be emulated. First the study insists that public purpose clause in expropriation must be affected with good and fair intentions and a mechanism to check this be set. Secondly PAPs involvement in land acquisition and compensation negotiations

Compensation for Expropriated Community Farmland in Nigeria: An In-Depth Analysis of the Laws and Practices Related to Land Expropriation for the Lekki Free Trade Zone in Lagos

Directory of Open Access Journals (Sweden)

Nicholas K. Tagliarino

2018-02-01

Full Text Available In Nigeria, the recurring impoverishment and other negative socioeconomic impacts endured by landholders affected by expropriation are well-documented and call into question the Land Use Act’s (LUA effectiveness in protecting local land rights. The World Bank’s Land Governance Assessment Framework found that, in Nigeria, “a large number of acquisitions occurs without prompt and adequate compensation, thus leaving those losing land worse off, with no mechanism for independent appeal even though the land is often not utilized for a public purpose”. Such negative outcomes may be due to a number of factors, including corruption, limited capacity, and insufficient financing as well as Nigeria’s weak legal framework. According to a recent study of compensation procedures established in national laws of 50 countries, Nigeria’s compensation procedure lags behind many of the countries assessed because the LUA mostly fails to adopt international standards on the valuation of compensation. This article examines Nigerian expropriation and compensation procedures in more detail by combining both an in-depth legal analysis of Nigeria’s expropriation laws as well as survey and qualitative research that indicates, to some extent, how expropriation laws function in practice in Nigeria. Based on our legal assessment, surveys, and interviews with both government and private sector officials involved in the LFTZ, we found that the Nigerian government failed to comply with international standards on expropriation and compensation, both in terms of its laws and its practices in the LFTZ case. This article expands our conference paper written for UN Economic Commission of Africa Conference on Land Policy in Africa, which took place in Addis Ababa, Ethiopia in November of 2017. Under Nigeria’s LUA, affected landholders are not granted the right to participate in expropriation and compensation decision-making or otherwise be consulted on matters

Separation of powers of local administrations and other public authorities, local governments in the sphere of land relations

Directory of Open Access Journals (Sweden)

А. С. Самородов

2015-05-01

Full Text Available Problem Setting. The article studies the issue of demarcation of powers of local administrations and other public authorities, local governments in the sphere of land relations. Emphasized the special legal status of local state administrations is to combine the powers of the authority of general and special jurisdiction. Paper objective. Local administration is a local executive body and is part of the executive power. The local administration within their authority exercises executive power in the territory of the administrative-territorial unit, as well as implementing powers delegated to it by the respective council. Paper main body. Powers of special competence in particular, carry out structural subdivisions of local state administrations, the jurisdiction of which include question of sectoral or functional management in the relevant territory (eg, health administration, financial management, etc.. Conclusions. Analyzing the above legal provisions, the authority of the local administration can be understood as assigned to it by the State and enshrined in law the obligation to exposure to certain social relations. In other words, the powers of local state administrations are certain activities of the state in the face of local state administration. This is consistent with the understanding of the general theory of law the concept of «state functions» - the basic perspectives that express its nature and social purpose in the management of public affairs.

Public Land Survey System of Louisiana, Geographic NAD83, USGS (2003) [plss_la_usgs_2003

Data.gov (United States)

Louisiana Geographic Information Center — This data set portrays the Public Land Surveys of the United States, including areas of private survey, Donation Land Claims, and Land Grants and Civil Colonies....

The Public Value of Urban Vacant Land: Social Responses and Ecological Value

Directory of Open Access Journals (Sweden)

Gunwoo Kim

2016-05-01

Full Text Available This study reviews scholarly papers and case studies on urban vacant land to gain a stronger understanding of its public value in terms of the ecological and social benefits it can bring. This literature review offers a conceptual overview of the potential benefits of vacant land with the goal of addressing gaps in knowledge about vacant land and to provide suggestions to planners and designers on how vacant properties can be integrated with other green infrastructure in cities. There are many opportunities to redevelop vacant land to enhance its ecological and social value, and many design professionals and scholars are becoming interested in finding new ways to exploit this potential, especially with regard to planning and design. A better appreciation of the public value of urban vacant land is vital for any effort to identify alternative strategies to optimize the way these spaces are utilized for both short-term and long-term uses to support urban regeneration and renewal. This study will help planners and designers to understand and plan for urban vacant land, leading to better utilization of these spaces and opening up alternative creative approaches to envisioning space and landscape design in our urban environments.

Public opinion about laws to prohibit weight discrimination in the United States.

Science.gov (United States)

Puhl, Rebecca M; Heuer, Chelsea A

2011-01-01

Weight discrimination is pervasive in American society and impairs quality of life for obese persons. With approximately two-thirds of Americans now overweight or obese, vast numbers of people are vulnerable to weight prejudice and its consequences. Currently, no laws exist to prohibit weight discrimination. This study conducted an online survey with a national sample of 1,001 adults (representing demographics of the United States) to examine public support for six potential legislative measures to prohibit weight discrimination in the United States. Results indicated substantial support (65% of men, 81% of women) for laws to prohibit weight discrimination in the workplace, especially for legal measures that would prohibit employers from refusing to hire, terminate, or deny promotion based on a person's body weight. Laws that proposed extending the same protections to obese persons as people with physical disabilities received the least support, suggesting that Americans may not be in favor of considering obesity as a disability. Findings also highlight specific predictors of support (related to sex, age, education, income, body weight, and political ideology). These findings can be used to inform policy makers in efforts to develop antidiscrimination laws. Such measures will rectify health disparities for overweight Americans and facilitate public health efforts to address obesity.

Taxation of Public Owned Land for Real Estate Reconstruction in Kiev, Ukraine

Directory of Open Access Journals (Sweden)

М.А. Malashevskyy

2016-05-01

Full Text Available Researched of plots and fences used during the reconstruction of real estate in the city Kiev and proposed taxation on public owned land for a period of reconstruction of the real estate. On the base of these calculations, demonstrate the feasibility of such a land taxation.

Land associations in Slovakia

Directory of Open Access Journals (Sweden)

Anna Bandlerová

2017-10-01

Full Text Available The land fragmentation is one of the serious problems in Slovakia which is given by the historical development of the land law. In the past, landowners tried to solve this problem by creation of various forms of land associations oriented to the common cultivation of agricultural land and forest land. Nowadays, the Slovak lawmaker decided to regulate the institute of land associations by the law. Land associations in Slovakia are legal entities conducting agricultural business on agricultural land, forest land or in water areas; moreover, they can provide also other business activities according to particular legal regulations. Land associations conduct business on real estate property or, more commonly, properties, which are usually owned by many co-owners, because the individual cultivation of small part of land plots would not be effective. However, the law is a subject of legal amendments more often than necessary in order to ensure the legal certainty. This paper introduces this recondite legal entity, its activities, its internal government and the ownership rights of its members. A pre-emption right that has a special legal regulation different from the general legal regulations of the pre-emption rights in the Civil Code is one of the special issues.

Public participation in nuclear licensing procedures from the viewpoint of constitutional law

International Nuclear Information System (INIS)

Mutschler, Ulrich

1981-10-01

This paper reviews public participation in the licensing procedure for nuclear installations, in particular in the Federal Republic of Germany. Examples are given of practical experience acquired to date, also in the field of case-law. Finally, the paper stresses the importance of public information in nuclear procedures in view of the growing concerns for the environment. (NEA) [fr

Non formal mechanisms for public water allocation and the ineffectiveness of law in arid western Argentina

Directory of Open Access Journals (Sweden)

Liber Martin

2015-04-01

Full Text Available This work analyzed the informal mechanisms of public water allocation and reallocation in western Argentina from a holistic conception of law. The paper refers to informal uses, its logical but ineffective repression and the continuous regularization processes from a non experimental observational method based on the use of qualitative strategies. The research work focused on the operation of water allocation mechanisms and management practices developed in the absence of law and against the law, at both the delivery and regulatory levels. The findings highlight the tensions and contradictions of these mechanisms under the formal legal system, demonstrating the crisis of both effectiveness and legitimacy of the law and the State in managing public waters.

75 FR 27362 - Notice of Temporary Order Restricting Dogs From Public Lands in the Kasha-Katuwe Tent Rocks...

Science.gov (United States)

2010-05-14

... Temporary Order Restricting Dogs From Public Lands in the Kasha-Katuwe Tent Rocks National Monument in... dogs from public lands within the 5,610- acre Kasha-Katuwe Tent Rocks National Monument. This order... persons with dogs is prohibited on public land in New Mexico Prime Meridian, T. 16 N., R. 5 E., and T. 17...

The association of state law to physical education time allocation in US public schools.

Science.gov (United States)

Perna, Frank M; Oh, April; Chriqui, Jamie F; Mâsse, Louise C; Atienza, Audie A; Nebeling, Linda; Agurs-Collins, Tanya; Moser, Richard P; Dodd, Kevin W

2012-08-01

We examined whether public schools in states with specific and stringent physical education (PE) laws, as assessed by the Physical Education-Related State Policy Classification System (PERSPCS), available on the Classification of Laws Associated with School Students (C.L.A.S.S.) Web site, reported more weekly PE time in the most recent School Health Policies and Programs Survey (SHPPS). Schools (n=410) were grouped by their state's PERSPCS time requirement scores (none, nonspecific requirement, or specific requirement). Average weekly school-level PE was calculated using the SHPPS-reported PE minutes. Weighted analyses determined if PE minutes/week differed by PERSPCS group. Schools in states with specific requirement laws averaged over 27 and 60 more PE minutes/week at the elementary and middle school levels, respectively, compared with schools within states with nonspecific laws and over 40 and 60 more PE minutes per week, respectively, compared with elementary and middle schools in states with no laws. High school results were nonsignificant. Public health guidelines recommend at least 60 minutes of daily physical activity for children, and PE may further this goal. Strong codified law with specific time requirements for PE may be an important tool contributing toward adequate PE time and daily physical activity recommendations.

Theoretical Reflections on the Public-Private Distinction and their Traces in European Union Law

Directory of Open Access Journals (Sweden)

Constanze Semmelmann

2012-06-01

Full Text Available From its inception, EU law has been organised with (economic integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures. Desde su creación, la legislación de la Unión Europea (UE se ha organizado en base al paradigma orientador de la integración (económica. La legislación comunitaria nunca se ha caracterizado por una distinción público-privada como la existente en el derecho civil de numerosos países. Ante la ausencia de esta división en la legislación de la UE, la esfera pública y la privada interactúan de forma indiferente. En primer lugar, el intento de lograr un equilibrio entre el Estado y el mercado refleja la lucha por una delimitación entre el poder público y el privado. En segundo lugar, la evolución del alcance privado de la legislación sobre el mercado interno europeo y los derechos fundamentales hace que se impliquen cada vez más poderes privados en ambas partes. En tercer lugar, el surgimiento del derecho contractual europeo ha dado lugar a

Electronic Signatures in Global and National Commerce Act. Public Law.

Science.gov (United States)

Congress of the U.S., Washington, DC.

This document presents the text of Public Law 106-229, the "Electronic Signatures in Global and National Commerce Act." The act states that, with respect to any transaction in or affecting interstate or foreign commerce: a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or…

78 FR 39767 - Notice of Realty Action: Direct Sale of Public Land in Blaine County, ID

Science.gov (United States)

2013-07-02

... Field Office, proposes to sell a parcel of public land totaling 3.39 acres in Blaine County, Idaho, to... described contains 3.39 acres, more or less. The public land is identified as suitable for disposal in the...

76 FR 68784 - Notice of Realty Action: Direct Sale of Public Land in Santa Clara County, CA

Science.gov (United States)

2011-11-07

... California Limited Liability Company, for the appraised fair market value of $16,000. DATES: Written comments...] Notice of Realty Action: Direct Sale of Public Land in Santa Clara County, CA AGENCY: Bureau of Land...), Hollister Field Office, proposes to sell a parcel of public land consisting of approximately 15.97 acres...

78 FR 63243 - Notice of Public Meeting; Wyoming Resource Advisory Council

Science.gov (United States)

2013-10-23

... Wyoming's ``A Landscape Discussion on Energy Law in Wyoming,'' and follow-up to previous meetings. On..., November 13, ``A Landscape Discussion on Energy Law in Wyoming'' begins at 8:00 a.m. Members of the public... and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land...

Applying the ecosystem services concept to public land management

Science.gov (United States)

Jeffrey D. Kline; Marisa J. Mazzota; Thomas A. Spies; Mark E. Harmon

2013-01-01

We examine challenges and opportunities involved in applying ecosystem services to public land management with an emphasis on national forests in the United States. We review historical forest management paradigms and related economic approaches, outline a conceptual framework defining the informational needs of forest managers, and consider the feasibility of its...

Community Energy Systems and the Law of Public Utilities. Volume Thirty-two. New Jersey

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of New Jersey governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-two. South Carolina

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of South Carolina governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-three. South Dakota

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of South Dakota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-one. Rhode Island

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Rhode Island governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-one. New Hampshire

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of New Hampshire governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One. An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-six. North Dakota

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of North Dakota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community energy systems and the law of public utilities. Volume thirty-four. New York

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of New York governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Soft law in public international law : a pragmatic or a principled choice?

NARCIS (Netherlands)

Brus, Marcel M.T.

2017-01-01

This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally

7 CFR 1901.505 - Certificates of beneficial ownership in FmHA or its successor agency under Public Law 103-354 loans.

Science.gov (United States)

2010-01-01

... ownership in FmHA or its successor agency under Public Law 103-354 loans. (a) Special trust of loans—(1) Establishment of special trusts. From time to time FmHA or its successor agency under Public Law 103-354 will... successor agency under Public Law 103-354 will own an interest in special trusts equal to the amount by...

77 FR 55496 - Notice of Temporary Closure of Public Lands in Eastern Lassen County, California, and Western...

Science.gov (United States)

2012-09-10

... Temporary Closure of Public Lands in Eastern Lassen County, California, and Western Washoe County, Nevada...-managed public lands in the area affected by the Rush Fire in eastern Lassen County, California, and western Washoe County, Nevada, are closed to public access because of dangers posed by the Rush Fire...

Measuring up to the Model: A Ranking of State Public Charter School Laws. Ninth Annual Edition

Science.gov (United States)

Ziebarth, Todd; Palmer, Louann Bierlein

2018-01-01

This ninth edition of "Measuring up to the Model: A Ranking of State Charter School Laws" presents the latest activity in charter public school legislation across the country. For the second year in a row, the 2018 rankings measure each state's charter school law against the National Alliance's updated model charter school law, "New…

The Role of Accounting and Accounting Law in Establishing Public Economic Policies in the Post-crisis Period

OpenAIRE

Aurelian Virgil BĂLUŢĂ

2012-01-01

The following issues are being adressed in this paper: the relationship of accounting and accounting law with the local economy, the relationship of accounting and accounting law with macroeconomics, establishing public policies for certain categories of enterprises based on information provided by accounting and accounting law, the relationship of accounting and accounting law with macroeconomics foresight and forecast, the relationship of accounting and accounting law with the labor economy...

We do not recognise anything 'private': public interest and private law under the socialist legal tradition and beyond

NARCIS (Netherlands)

Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.

2015-01-01

In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at

Conservation of greater sage-grouse on public lands in the western U.S.: Implications of recovery and management policies

Science.gov (United States)

Carl L. Wambolt; Aaron J. Harp; Bruce L. Welch; Nancy Shaw; John W. Connelly; Kerry P. Reese; Clait E. Braun; Donald A. Klebenow; E. Durant McArthur; James G. Thompson; L. Allen Torell; John A. Tanaka

2002-01-01

The role of the Policy Analysis Center for Western Public Lands is to provide integrated social, economic and ecological analyses of public land policies that affect communities in the West. Its mission is to help rural communities, policy makers, resource managers, resource users and others understand, analyze and engage effectively in the public-land policy process...

Labor law violations in Japanese public hospitals from March 2002 to March 2011.

Science.gov (United States)

Ehara, Akira

2013-02-01

According to the Japan Pediatric Society, the mean extra work hours of hospital pediatricians in 2010 was approximately 80 h per month, which is the certification criterion for Karoshi (death from overwork), but there is no precise picture of personnel management at hospitals because the labor authorities do not disclose detailed statistics concerning labor law violations to the public. Most local governments have a disclosure system, and the local governments that operate public hospitals were requested to disclose warning documents issued by the labor authorities from March 2002 to March 2011. A total of 208/369 public hospitals (56.4%) with ≥200 beds in Japan were warned of labor law violations. Offenses included exceeding the limit of working hours (177 hospitals) and non-payment of increased wages for night and holiday work (98 hospitals). Many public hospitals in Japan did not always pay workers including physicians for increased workload because they do not regard night and holiday duties as work hours. © 2012 The Author. Pediatrics International © 2012 Japan Pediatric Society.

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...

A Comparison of Two Methods for Measuring Land Use in Public Health Research

Directory of Open Access Journals (Sweden)

Katherine E. King

2015-06-01

Full Text Available Public health researchers have identified numerous health implications associated with land use. However, it is unclear which of multiple methods of data collection most accurately captures land use, and “gold standard” methods vary by discipline. Five desirable features of environmental data sources are presented and discussed (cost, coverage, availability, construct validity, and accuracy. Potential accuracy issues are discussed by using Kappa statistics to evaluate the level of agreement between data sets collected by two methods (systematic social observation [SSO] by trained raters and publicly available data from aerial photography coded using administrative records from the same blocks in Chicago, Illinois. Significant Kappa statistics range from 0.19 to 0.60, indicating varying levels of intersource agreement. Most land uses are more likely to be reported by researcher-designed direct observation than in the publicly available data derived from aerial photography. However, when cost, coverage, and availability outweigh a marginal improvement in accuracy and flexibility in land-use categorization, coded aerial photography data may be a useful data source for health researchers. Greater interdisciplinary and interorganization collaboration in the production of ecological data is recommended to improve cost, coverage, availability, and accuracy, with implications for construct validity.

77 FR 61023 - Notice of Realty Action: Direct Sale of Public Land in Shasta County, CA

Science.gov (United States)

2012-10-05

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCA930000.L1430000.EU0000. CACA 053115] Notice of Realty Action: Direct Sale of Public Land in Shasta County, CA AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The Bureau of Land Management (BLM), Redding Field Office...

THE PREEMPTION RIGHT REGARDING THE TRANSACTIONS OF AGRICULTURAL LANDS LOCATED OUTSIDE THE BUILT-UP AREAS

Directory of Open Access Journals (Sweden)

Simona Chirică

2015-11-01

Full Text Available The sale of agricultural lands located out-side the built-up areas has been recently limited through the obligation to follow the preemption procedure based on Law no. 17/2014, as subsequently amended (”Law 17”2 on the regulation measures for sale of agricultural lands located out-side the built-up areas and for the amendment of Law no. 268/2011 on the privatization of companies holding in administration public or private State owned agricultural lands and the establishment of the State Domains Agency. The preemptors are: (i the joint owners, (ii the lessees, (iii the neighboring owners, (iv Romanian State, through State Domain Agency. The preemption procedure commence with posting by the seller of its sale offer at the competent city hall and ends with the issuance of the positive/negative sale approval or, as the case may be, the conclusion of the sale agreement with one of the pre-emptors.

Public attitudes toward programs designed to enhance forest related benefits on private lands

Science.gov (United States)

Donald F. Dennis; Mark J. Twery; Michael A. Rechlin; Bruce Hansen

2003-01-01

Public agencies may at times provide education, technical help, tax incentives, or other forms of aid to private landowners to help them enhance their land in ways that benefit the public. Since public funds are used to pay these expenses, it is important that program goals be correlated with underlying public values and concerns. We used a conjoint ranking survey to...

The Implementation of Justice Principle Within the Land Procurement for Public Utilities Construction

OpenAIRE

SH, Sahnan,

2015-01-01

The Indonesia€™s population growth and development increasing makes all parties, in the reality, need more land, especially for government. Land procurement for public utilities construction usually have a problem, because on the process we rarely meet easy process or easy getting deal between landowner and government, or other parties who needs the land. This occurs because is difficult getting deal between government and landowner about compensation. Justice principle implementation someti...

Monitoring Manual for Determining Compliance with Public Law 94-142. Revised.

Science.gov (United States)

South Carolina State Dept. of Education, Columbia.

Designed to assist service providers as they strive to provide a full service goal for all handicapped pupils, this manual consists of checklists for monitoring compliance with Public Law 94-142 (Education for All Handicapped Children Act). Checklists of components in general policy areas are: (1) policy requirements (LEAs - Local Educational…

H.R.2637: This Act may be cited as the Waste Isolation Pilot Plant Land Withdrawal Act of 1991, introduced in the US House of Representatives, One Hundred Second Congress, First Session, November 27, 1991

International Nuclear Information System (INIS)

Anon.

1991-01-01

Land is withdrawn from all forms of entry, appropriation, and disposal under the public land laws, including without limitation the mineral leasing laws, the geothermal leasing laws, the material sale laws, and the mining laws. The land is reserved for the Secretary of Energy for a duration of ten years for the purpose of conducting test phase activities, including the construction, experimentation, operation, repair and maintenance, disposal, shutdown, monitoring, decommissioning, and other authorized activities. The bill establishes management responsibilities and directs the Secretary to provide for domestic livestock grazing, hunting and trapping, wildlife habitat, the disposal of salt tailings remaining on the surface, and mining under certain conditions

76 FR 47237 - Notice of Realty Action: Direct Sale of Public Land in Monterey County, CA

Science.gov (United States)

2011-08-04

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCA9300000 L58790000 EU0000; CACA 50168-14] Notice of Realty Action: Direct Sale of Public Land in Monterey County, CA AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management (BLM...

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

Science.gov (United States)

Henderson, Ana; Fry, Christine R

2011-01-01

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

75 FR 45661 - Notice of Permanent Closure on Public Lands in Ada County, ID

Science.gov (United States)

2010-08-03

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLIDB00100 L17110000.PH0000 241A 4500013040] Notice of Permanent Closure on Public Lands in Ada County, ID AGENCY: Bureau of Land Management, Interior.../2\\NW\\1/4\\ NW\\1/4\\ and N\\1/2\\SW\\1/4\\ NW\\1/4\\ of Section 32, T.1 S., R.3 E., Boise Meridian, Ada...

Namibian women and land.

Science.gov (United States)

Andima, J J

1994-03-01

More than 50% of Namibia's 1.5 million inhabitants live in reserved communal areas; most of these are women who make up a third of the country's total population. Women are the main food producers, but access to land, livestock, water, and fuelwood is determined for women by marriage arrangements and settlements. In some parts of the country, women can obtain land in their own right, but they suffer from such subtle discouragements as receiving inferior land or having their stock mysteriously disappear. In some villages, a fee must be paid to a village head upon the allocation of land. This fee guarantees land tenure until the death or eviction of the person who paid the fee. In some areas, only men or widows (and sometimes divorced women) are eligible, and widows must reapply for permission to stay on their husband's land. Women also have a heavy labor burden. Since most of the men migrate to the urban areas for wage employment, the women must tend livestock and harvest and store the grain as well as run their households. Woman also may be evicted from commercial farms if their husbands die. In some areas, all property reverts to a husband's family upon his death, and the wife must return to her own relative. In some tribes, widows must leave their houses empty-handed; their sisters-in-law inherit any stored grain or clothing available. Other tribes are more liberal, and property remains with the widow. In this case, a male relative will be assigned to help the widow manage the property. Reform efforts which attempt to end such abuses by bringing common and customary law in compliance with the Namibian constitution are having an effect. The Women and Law Committee of the Law Reform and the Development Commission is working with the Customary Law Commission to involve traditional leaders in the adaptation of customary law to modern requirements which make discrimination against women unlawful. Until woman have security of land tenure, they are unwilling to invest

Roman Criminal Law. Contributions to Current Problems in Connection with “Crimes against Public Administration”

Directory of Open Access Journals (Sweden)

Fabio Espitia Garzón

2016-12-01

Full Text Available The secular and detailed study of Roman Private Law institutions has, for centuries, diverted the attention to institutions pertaining to the Public Law sphere. Such studies were a consequence of the triumph of bourgeois ideas from the Enlightenment, which were structured on a set of principles (separation of powers, the principle of legality both considered absolute truths, even though today they seem more like myths. This understanding shifted during the second half of the twentieth century, when scholars of Roman Law began to more comprehensively analyze Rome’s constitutional institutions as well as its criminal repression. This paper begins with a review of some of the most important works and articles produced since the fifties until present day about the so called ‘general ’and ´special’ Criminal Law, and the Law of Criminal Procedure, it then focuses on how useful those texts are in order to solve actual problems, taking as an example the subject of crimes against public administration, given the actual need to pursue the assets obtained from such activities, despite the perpetrator’s death, which means going beyond the principle of the individual nature of penalties.

Understanding the Socioeconomic Effects of Wildfires on Western U.S. Public Lands

Science.gov (United States)

Sanchez, J. J.; Srivastava, L.; Marcos-Martinez, R.

2017-12-01

Climate change has resulted in the increased severity and frequency of forest disturbances due to wildfires, droughts, pests and diseases that compromise the sustainable provision of forest ecosystem services (e.g., water quantity and quality, carbon sequestration, recreation). A better understanding of the environmental and socioeconomic consequences of forest disturbances (i.e., wildfires) could improve the management and protection of public lands. We used a single-site benefit transfer function and spatially explicit information for demographic, socioeconomic, and site-specific characteristics to estimate the monetized value of market and non-market ecosystem services provided by forests on Western US public lands. These estimates are then used to approximate the costs of forest disturbances caused by wildfires of varying frequency and intensity, and across sites with heterogeneous characteristics and protection and management strategies. Our analysis provides credible estimates of the benefits of the forest for land management by the United States Forest Service, thereby assisting forest managers in planning resourcing and budgeting priorities.

Materialities of Law: Celebrity Production and the Public Domain

Directory of Open Access Journals (Sweden)

Esther Milne

2009-12-01

Full Text Available Celebrity production and consumption are powerful socio-economic forces. The celebrity functions as a significant economic resource for the commercial sector and plays a fundamental symbolic role within culture by providing a shared ‘vocabulary’ through which to understand contemporary social relations. A pivotal element of this allure is the process by which the celebrity figure is able to forge an intimate link with its audience, often producing public expressions of profound compassion, respect or revulsion. This process, however, is complicated by emerging participatory media forms whose impact is experienced as new conditions of possibility for celebrity production and consumption. As Marshall argues, video mash-ups of celebrity interviews, such as those of Christian Bale or Tom Cruise, are dramatically changing the relation between celebrity and audience (Marshall, 2006: 640. Meanings produced by these audience remixes challenge the extent to which a celebrity might control her image. So is the celebrity personality, therefore, a public or private commodity? Who owns the celebrity image within remix culture? Although the celebrity figure has been thoroughly researched in relation to its patterns of consumption; semiotic power; and industry construction; less attention has been focused on the forms of celebrity governance enabled by legislative and case law settings. How might the law deal with the significant economic and cultural power exercised within celebrity culture?

Tamarisk control on public lands in the desert of southern California: two case studies

Science.gov (United States)

1994-01-01

As a land manager, the Federal Government faces enormous challenges from exotic pest invasions and associated changes to the structure and stability of native ecosystems (Bureau of Land Management, 1988). On public lands administered by the Bureau of Land Management (BLM) alone, it is estimated that almost three million hectares are occupied by invasive exotic plant species (weeds). Assuming an annual rate of invasion of 14 percent, 930 hectares of BLM-administered land are infested everyday by weeds (Jerry Asher, personal communication). When one considers the fact that BLM administers only about one-third of the public land in the United States (The Keystone Center, 1991), the magnitude of the problem assumes staggering proportions. The scenario described in the quote above portrays only some of the problems associated with the spread of the exotic plant tamarisk, a species on the California Exotic Pest Plant Council’s list of exotic pest plants of greatest concern (California Exotic Pest Plant Council, 1993). In this paper we review the threats posed by tamarisk invasion and proliferation and examine the traits that make the plant such a successful competitor. In addition, we highlight two tamarisk control efforts conducted by the Bureau of Land Management in the southern California desert.

75 FR 32968 - Final Supplementary Rules for Public Land Administered by the Bureau of Land Management in...

Science.gov (United States)

2010-06-10

... specifically for camping purposes and may include designated campsites, delineated spaces, structures, or... vehicle use, and trash dumping, often interferes with legitimate recreational use of public lands, creates... under the pretext of camping, or maintain, construct, place, occupy or use any structure in violation of...

Implications of Boy Scout group use of public lands for natural resource managers: a regional comparison

Science.gov (United States)

Gail A. Vander Stoep

1992-01-01

Resource managers can apply group-specific rather than generic communications and management strategies to different public land user groups. This study compares use patterns of one user group, Boy Scout troops, from two regions of the United States. It identifies their public land use patterns, activities, needs, and motivations. Results can be used by resource...

The Institutionalised and Non-institutionalised Exemptions from EU Public Procurement Law: Towards a more Coherent Approach?

NARCIS (Netherlands)

Janssen, Willem A.|info:eu-repo/dai/nl/374662819

2014-01-01

From a EU public procurement law perspective, contracting authorities have a discretionary power to decide upon who is allowed and best suited to provide public services to the public. When public authorities deem the in-house performance of a service to be the most suitable, the Court of Justice of

78 FR 17716 - Notice Seeking Public Interest for Solar Energy Development on Public Lands in the State of Colorado

Science.gov (United States)

2013-03-22

... Public Interest for Solar Energy Development on Public Lands in the State of Colorado AGENCY: Bureau of... State Office is providing an opportunity for parties to express an interest in proposing solar energy... two designated Solar Energy Zones (SEZs) serialized as COC-074761 (Los Mogotes East SEZ) and COC...

Land Tenure Practices and Women's Right to Land : Implications for ...

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

Women's right to land in Anglophone Cameroon is subject to two conflicting regimes, customary and statutory. This grant will allow a team of researchers to examine women's right to land under statutory and customary law, and how access to land (or lack of it) affects women's economic status and participation in the ...

Adapting to climate change on Western public lands: addressing the ecological effects of domestic, wild, and feral ungulates.

Science.gov (United States)

Beschta, Robert L; Donahue, Debra L; DellaSala, Dominick A; Rhodes, Jonathan J; Karr, James R; O'Brien, Mary H; Fleischner, Thomas L; Deacon Williams, Cindy

2013-02-01

Climate change affects public land ecosystems and services throughout the American West and these effects are projected to intensify. Even if greenhouse gas emissions are reduced, adaptation strategies for public lands are needed to reduce anthropogenic stressors of terrestrial and aquatic ecosystems and to help native species and ecosystems survive in an altered environment. Historical and contemporary livestock production-the most widespread and long-running commercial use of public lands-can alter vegetation, soils, hydrology, and wildlife species composition and abundances in ways that exacerbate the effects of climate change on these resources. Excess abundance of native ungulates (e.g., deer or elk) and feral horses and burros add to these impacts. Although many of these consequences have been studied for decades, the ongoing and impending effects of ungulates in a changing climate require new management strategies for limiting their threats to the long-term supply of ecosystem services on public lands. Removing or reducing livestock across large areas of public land would alleviate a widely recognized and long-term stressor and make these lands less susceptible to the effects of climate change. Where livestock use continues, or where significant densities of wild or feral ungulates occur, management should carefully document the ecological, social, and economic consequences (both costs and benefits) to better ensure management that minimizes ungulate impacts to plant and animal communities, soils, and water resources. Reestablishing apex predators in large, contiguous areas of public land may help mitigate any adverse ecological effects of wild ungulates.

75 FR 13303 - Notice of Realty Action: Direct Sale of Public Lands in Riverside County, CA

Science.gov (United States)

2010-03-19

....37 acres in Riverside County. The appraised fair market value is $2,102,000. The public land is... market value of $2,102,000. DATES: Comments regarding the proposed sale must be received by the BLM on or... market value: San Bernardino Meridian T. 3 S., R. 4 E., Sec. 34, those remaining public lands in the N...

Agriculture: Land Use

Science.gov (United States)

Land Use and agriculture. Information about land use restrictions and incentive programs.Agricultural operations sometimes involve activities regulated by laws designed to protect water supplies, threatened or endangered plants and animals, or wetlands.

The urban public space betterment and land use sustainability Under the human behavior

Science.gov (United States)

Zhao, Xiaofan; Ji, Yanning

2018-02-01

This paper analyzes the differences between Chinese and western public life and environmental behavior habits. Identify specific needs for Chinese urban public Spaces. At the same time, the paper analyzes the problems related to urban construction in China, including micro-land use, transportation and urban pattern. The solution of Chinese urban public space layout is proposed and the prospects of sustainable urban public space. Urban betterment are prospected in the future.

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

Directory of Open Access Journals (Sweden)

Tobias Schulte in den Bäumen

2006-12-01

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

8 CFR 1245.13 - Adjustment of status of certain nationals of Nicaragua and Cuba under Public Law 105-100.

Science.gov (United States)

2010-01-01

... of Nicaragua and Cuba under Public Law 105-100. 1245.13 Section 1245.13 Aliens and Nationality... nationals of Nicaragua and Cuba under Public Law 105-100. (a) Aliens eligible to apply for adjustment. An... Nicaragua or Cuba; (2) Except as provided in paragraph (o) of this section, has been physically present in...

76 FR 50492 - Notice of Realty Action: Direct Sale of Public Land in San Benito County, CA

Science.gov (United States)

2011-08-15

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCA930000.L58790000.EU0000; CACA 50168 13] Notice of Realty Action: Direct Sale of Public Land in San Benito County, CA AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: The Bureau of Land Management (BLM...

Significant differences between the Nordic laws on public access to documents

DEFF Research Database (Denmark)

Jørgensen, Oluf

2017-01-01

Transparency and public access to information work as a check on the exercise of power and the existence of corruption. In Sweden the constitutional right of access to documents is justified precisely by its contribution to democracy, the rule of law and efficiency in the public administration....... The wide access to information in today’s world also makes possible the publication of personal information about individuals’ private life in an unprecedented way. Does this mean that the relative importance of the protection of privacy has to be strengthened at the cost of access to information? What...... will be the impact of the developing information and communication technology on access to information? The right of access to documents has traditionally been discussed on the level of domestic administration but when public administration is internationalised the issue of access to documents makes itself felt also...

75 FR 51099 - Final Supplementary Rules for Public Land in Oregon and Washington

Science.gov (United States)

2010-08-18

... Washington experienced 533 firewood theft incidents and 372 forest product theft incidents. These incidents involved sales of firewood at makeshift sites located on public lands, and other commercial uses of public... firewood or wood pallets containing nails, screws, or other metal hardware. (g) You must not introduce new...

12 CFR 609.910 - Compliance with the Electronic Signatures in Global and National Commerce Act (Public Law 106-229...

Science.gov (United States)

2010-01-01

... Global and National Commerce Act (Public Law 106-229) (E-SIGN). 609.910 Section 609.910 Banks and Banking... with the Electronic Signatures in Global and National Commerce Act (Public Law 106-229) (E-SIGN). (a) General. E-SIGN makes it easier to conduct E-commerce. With some exceptions, E-SIGN permits the use and...

The public principle of the EC environmental law. Das Oeffentlichkeitsprinzip des EG-Umweltrechts

Energy Technology Data Exchange (ETDEWEB)

Schwanenfluegel, M von

1991-01-15

The author discusses questions concerning the significance of the Directive on Free Access to Information Concerning the Environment approved by the European Council of Ministers on 7 June 1990 and first considers the relative importance of free access to information. Further sections deal with the right to information in the member states, EC environmental law and the information of the public. The essential regulations of the directive are presented in detail: the prehistory of the directive, aims, definition of 'information concerning the environment' and public authority, exceptions and procedures. In an outlook consequences for individual regulations of the Law on Administrative Procedures and the Rules of the Administrative Courts are addressed and the urgency of a corresponding ruling for the institutions of the Community themselves is pointed out; the Commission has already announced such a proposal. (RST).

Theoretical concepts "land management process", "land management procedure" and their relationships

Directory of Open Access Journals (Sweden)

Tretiak A.M.

2017-08-01

Full Text Available The state significance of land management activities is manifested in those legal consequences that arise after the issuance of land management documentation and are conditioned by the need to secure unsupported land rights and the use and protection of land in a state-guaranteed manner. The procedural activity of land surveyors and other persons authorized by the state to commit land management operations must be carried out in a certain order established by the state and obey the rights and obligations of the persons specified by the legislation at each stage of the development of such relations.The main goal of applying to land management organizations and land surveyors is landuse documentation, which is made in accordance with the requirements of the law and with which the relevant legal properties of the land management procedure are associated. First of all, let's dwell on such basic concepts as "land management process" and "land management procedure". Consideration of the term "land management process" implies a preliminary analysis of the category "process". At the same time, it must be admitted that the development of the procedural form of this category has not been paid attention. Considering the concept of "land management process", its place and role in the system of social relations, emphasis will be placed on the concept of a broad understanding of the legal process, the problem of which exists for decades.Thus, the legal process is a regulated by the procedural rules procedure for the activities of competent state bodies, consisting of the preparation, adoption and documentary consolidation of legal decisions of a general and individual nature. In the land law, the category "process" is specific and serves to designate relationships that provide regulatory and security land-property relationships. Particularly difficult today is the question of the delimitation of the concepts of "process" and "procedure" in general. Regarding

8 CFR 1245.9 - Adjustment of status of certain nationals of the People's Republic of China under Public Law 102...

Science.gov (United States)

2010-01-01

... of the People's Republic of China under Public Law 102-404. 1245.9 Section 1245.9 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS ADJUSTMENT... nationals of the People's Republic of China under Public Law 102-404. (a) Principal applicant status. All...

Analysis tool public bidding the light of constitutional principles of cf / 88: a debate on the laws 8666 / 1993 and 12,462 / 2011

Directory of Open Access Journals (Sweden)

Cícero Júnior Siqueira dos Santos

2016-04-01

Full Text Available The present work aims at to promote a debate between the General Law of Administrative Contracts and Tenders (Law 8.666/93 and the Law Differentiated Scheme Public Contracting (Law 12.462/2011 Act regarding the observance of the Constitutional Principles of Public Administration in elaboration phase public bidding and execution of these instruments. This required from an initial study on Public Management which had as background rag and the Principles Bidding with emphasis on rol of the Chapeau of article 37 the Federal Constitution of 1988. Bidding procedures retro mentioned laws were also compared. The statement of reasons was made by literature search. As a result of the investigation, it was found that although there is a formal compliance with principled norm with regard respect the principles of public administration in both competitions governed by laws, not an application in hand and visible interest of the Public Power of the DRC in cases of greater relevance and urgency, which deconstructs the reason for this exceptional regime and calls into question the substantive norm of access to potential beneficiaries with full compliance.

Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA Law and Sustainable Development

Directory of Open Access Journals (Sweden)

T Murombo

2008-10-01

Full Text Available One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.

76 FR 72971 - Notice of Intent to Collect Fees on Public Land in Alamosa County, CO

Science.gov (United States)

2011-11-28

... Collect Fees on Public Land in Alamosa County, CO AGENCY: Bureau of Land Management, Interior. ACTION... Act (REA), the Bureau of Land Management (BLM) La Jara Field Office is proposing to collect fees at... ``Expanded Amenity Recreation Fee'' authorized under section 3(g). In accordance with the REA, and the BLM's...

Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

Directory of Open Access Journals (Sweden)

Mariya Riekkinen

2016-01-01

Full Text Available This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public participation of minors implies that children have clearly defined opportunities to take part in decision-making processes concerning those political and public matters affecting their interests.Albeit limited by the clause “regarding the issues concerning them,” the claims for such participation are dictated by emerging standards of international law. The author has examined the process of devising these standards in Russian public law. Moreover, an analysis of the evolution of academic views on public participation of children in Russian legal scholarship is also included in this article.Relying extensively on the method of legal analysis and the comparative analysis of the conformity of national public law standards with respect to international law, the author proposes several legal amendments to the Federal law “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” which would lead to anchoring more solidly the participatory right of minors in the legal system of the Russian Federation.

8 CFR 245.9 - Adjustment of status of certain nationals of the People's Republic of China under Public Law 102...

Science.gov (United States)

2010-01-01

... of the People's Republic of China under Public Law 102-404. 245.9 Section 245.9 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS ADJUSTMENT OF STATUS TO THAT OF PERSON... of China under Public Law 102-404. (a) Principal applicant status. All nationals of the People's...

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

Science.gov (United States)

Bennett, B

2009-03-01

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

75 FR 65377 - Notice of Public Meeting for the National Park Service (NPS) Alaska Region's Subsistence Resource...

Science.gov (United States)

2010-10-22

... Interest Lands Conservation Act, Public Law 96-487, to operate in accordance with the provisions of the Federal Advisory Committee Act. Public Availability of Comments: This meeting is open to the public and.... to 5 p.m. at Sophie Station Hotel, 1717 University Avenue, Fairbanks, AK 99709, (907) 479-3650. The...

Linkages to Public Land Framework: toward embedding humans in ecosystem analyses by using “inside-out social assessment.”

Science.gov (United States)

Joanna Endter-Wada; Dale J. Blahna

2011-01-01

This article presents the " Linkages to Public Land" (LPL) Framework, a general but comprehensive data-gathering and analysis approach aimed at informing citizen and agency decision making about the social environment of public land. This social assessment and planning approach identifies and categorizes various types of linkages that people have to public...

75 FR 79018 - Notice of Realty Action: Proposed Sale of Public Lands in Bear Lake County, ID

Science.gov (United States)

2010-12-17

...-10-0001] Notice of Realty Action: Proposed Sale of Public Lands in Bear Lake County, ID AGENCY... Management (BLM) proposes the sale of 26 parcels of public lands totaling 1,543.14 acres in Bear Lake County... Bear Lake County, Idaho, are proposed for sale under the authority of Sections 203 and 209 of FLPMA (90...

76 FR 62831 - Notice of Realty Action: Direct Sale of Public Land in Shasta County, CA

Science.gov (United States)

2011-10-11

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCA930000.L58790000.EU0000; CACA 48506] Notice of Realty Action: Direct Sale of Public Land in Shasta County, CA AGENCY: Bureau of Land... serial number CACA 24929 and a ROW for a telephone line issued under serial number CACA 26611. 4. A...

The Institutionalised and Non-Institutionalised Exemptions from EU Public Procurement Law: Towards a More Coherent Approach?

Directory of Open Access Journals (Sweden)

Willem A. Janssen

2014-12-01

Full Text Available From a EU public procurement law perspective, contracting authorities have a discretionary power to decide upon who is allowed and best suited to provide public services to the public. When public authorities deem the in-house performance of a service to be the most suitable, the Court of Justice of the EU has allowed these authorities to rely on the institutionalised and non-institutionalised exemptions, which exempt a possible duty to contract out a public contract. The first part of this contribution discusses the recent codification of these exemptions in Article 12 Directive 2014/24/EU on public procurement. It concludes that this codification creates some legal certainty, but it mostly expands the scope of these exemptions from public procurement law. The second part of this contribution proposes a more coherent approach for these exemptions by discussing the challenges of regulating and enforcing the pre-procurement phase (the make-or-buy decision in which a public authority decides to favour the internal or external performance of a service. It concludes by providing legal perspectives to regulate and enforce this decision-making phase.

Women and Land

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

Women in many African countries have a legal right to own land, but ... And so, Banda says, “we've come to see that changing the law and the ... Because the people in charge ... women's insecure tenure, despite gender-neutral statutory laws.

Law across nations

DEFF Research Database (Denmark)

of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

75 FR 17955 - Public Land Order No. 7736; Partial Revocation of the Bureau of Reclamation Order Dated February...

Science.gov (United States)

2010-04-08

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCA930000; CACA 7817] Public Land Order No. 7736; Partial Revocation of the Bureau of Reclamation Order Dated February 19, 1952; California AGENCY: Bureau of Land Management. ACTION: Correction. SUMMARY: The Bureau of Land Management published a...

77 FR 64493 - Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202...

Science.gov (United States)

2012-10-22

... 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..., Public Law 95-202 and DoD Directive 1000.20, the Department of Defense Civilian/Military Service Review...

THE MAN CATEGORY IN PUBLIC POLICIES AND BRAZILIAN LAWS

Directory of Open Access Journals (Sweden)

Samantha Alflen Banin

2016-11-01

Full Text Available This article discusses the view of man as a gender category in public policies and national laws, especially those focused on violence against women. With this objective, it contextualizes the studies of feminisms and masculinities as theories and epistemology that guide the analysis of 17 official Brazilian documents selected for this study. This analysis seeks to clarify how the gendered man has been understood in various documents over the years. It discusses how the formulation of laws can provide a new accountability approach beyond the punishment of these men. It also investigates the regulation of some of the existing groups of men who have used violence against women in the country. It finalizes claiming the importance of these reflections for the debate on gender and masculinities in pursuit of a more effective system of prevention and eradication of violence against women. It discusses and argues in favor of both changing the way this category is addressed in official documents, and formalizing spaces for reflection for men who have used violence against women.

78 FR 69707 - Notice of Temporary Closure to Recreational and Target Shooting on Public Lands at Hartman Rocks...

Science.gov (United States)

2013-11-20

... Temporary Closure to Recreational and Target Shooting on Public Lands at Hartman Rocks Recreation Area, CO... recreational shooting affects public lands at Hartman Rocks Recreation Area in Gunnison County, Colorado. The... Hartman Rocks in Gunnison County, Colorado. The area is unsafe for target shooting due to its proximity to...

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...

78 FR 64260 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2013-10-28

... International Law (ACPIL): Public Meeting on Cross-Border Insolvency The Office of the Assistant Legal Adviser... potential future work related to cross-border insolvency issues under consideration in the United Nations... has developed a number of instruments related to cross- border insolvency law, including the UNCITRAL...

76 FR 2413 - Notice of Realty Action: Direct Sale of Public Land in Lawrence County, SD

Science.gov (United States)

2011-01-13

... Dakota, to Keith Sauls for the appraised fair market value of $183. DATES: Comments regarding the... proposes to sell this land to Keith Sauls for the appraised fair market value of $183. The public land is...

75 FR 35083 - Notice of Realty Action; Direct Sale of Public Lands in Lincoln County, ID

Science.gov (United States)

2010-06-21

... of the surrounding private land for the appraised fair market value of $14,000. The private land... fair market value: Boise Meridian T. 6 S., R. 22 E, Sec. 29, SW\\1/4\\SW\\1/4\\. The area described contains 40 acres in Lincoln County. The appraised fair market value is $14,000. The public land is...

78 FR 76855 - Notice of Realty Action: Non-Competitive (Direct) Sale of Public Land in Campbell County, WY

Science.gov (United States)

2013-12-19

... Department of the Interior and the BLM. The Maintenance Plan Change updated the land disposal map and... sale, the BLM is no longer accepting land use applications affecting the identified public land, except... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWYP070000; L14300000.EU0000; WYW-168374...

Property rights and hierarchies of power: a critical evaluation of land-reform policy in South Africa

Directory of Open Access Journals (Sweden)

André van der Walt

1999-03-01

Full Text Available The programme of land reform laws introduced in South Africa since 1991 is often seen and discussed as nothing more than a highly technical, black-letter aspect of South African law. In this article, the author directs attention to the policies that underly the land reform laws, and discusses the transformative potential and effect of land reform laws in view of these policies. The main question is whether the land reform programme has succeeded in breaking away from or undermining the hierarchies of power that were inherent in traditional common-law property relationships and, particularly, in the politically sanctioned and statutorily entrenched system of apartheid land law. Through the analysis of the most important land reform laws the author concludes that the land reform programme is only partially successful in this regard, since many of the new laws still uphold or entrench the underlying hierarchies o f power that characterised apartheid land law.

Law No. 109/88, 26 September 1988.

Science.gov (United States)

1988-01-01

This Law establishes agrarian reform policy in Portugal. Its main goals are the improvement of the conditions of exploitation of the land; the economic, social, and cultural promotion of farmers and agricultural workers; the protection of their rights; the use of resources to increase agricultural production and productivity; and the protection of the environment, including the fertility of land. Special emphasis is given to consideration of regional ecological characteristics in efforts to maximize agricultural productivity. The Law also has as a goal the promotion of associational agricultural practices. To attain these goals, the Law provides for the expropriation and redistribution of land and introduces incentives designed to provide wide-ranging material support of agricultural activity and integrative measures, which deal with infrastructural development. Expropriation and redistribution of land are to be carried out according to procedures set forth in the Code of Expropriation. The Law, however, introduces the landowner's "right of reserve." Under this right, landowners may apply for the devolution of expropriated land, subject to the limit of 60 hectares per "right of reserve" or, alternately, to the limit of 91,000 productivity points, measured according to criteria of a land productivity schedule, regardless of the physical size of the area subject to expropriation. The "right of reserve" shall be apportioned among co-owners and legal successors of expropriated land. Procedures to be followed in determining the "right of reserve" are set forth in Regulating Decree No. 44/88, 14 December 1988 (Diario da Republica, Series I, No. 287, 14 December 1988, pp. 4915-6). full text

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

Draft of law for land pollution; Proyecto de Ley para la Prevencion y Correccion de la Contaminacion del Suelo

Energy Technology Data Exchange (ETDEWEB)

NONE

2004-07-01

According to the Inventory on Land with Activities or Installations which have the Potential to Pollute the land, drawn up by the Environmental Management Public Company, IHOBE, for the Department of Regional Planning and Environmental Planning, one per cent of the surface area of the Autonomous Community of the Basque Country may currently be classified as potentially polluted land. Last March 2 the Basque Government council passed the draft Bill for the Prevention and Correction of Pollution of Land which was sent to the Basque Parliament for its subsequent debate and passing. (Author)

75 FR 36118 - Public Land Order No. 7743; Partial Revocation of Five Secretarial Orders for Reclamation Project...

Science.gov (United States)

2010-06-24

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCA930000, L14300000.ER0000; CACA 7059, CACA 7060, CACA 7101, CACA 7102, and CACA 7239] Public Land Order No. 7743; Partial Revocation of Five Secretarial Orders for Reclamation Project Purposes on the Colorado River, California. AGENCY: Bureau of Land...

Indicators of the Legal Security of Indigenous and Community Lands. Data file from LandMark: The Global Platform of Indigenous and Community Lands.

NARCIS (Netherlands)

Tagliarino, Nicholas Korte

2016-01-01

L. Alden Wily, N. Tagliarino, Harvard Law and International Development Society (LIDS), A. Vidal, C. Salcedo-La Vina, S. Ibrahim, and B. Almeida. 2016. Indicators of the Legal Security of Indigenous and Community Lands. Data file from LandMark: The Global Platform of Indigenous and Community Lands.

[Surveillance in Spain 3 years since the enactment of the Public Health Law].

Science.gov (United States)

Pousa, Anxela; Godoy, Pere; Aragonés, Nuria; Cano, Rosa; Sierra, María José; González, Francisco; Mayoral, José María

2016-01-01

In 2014, the Epidemiological Surveillance Working Group of the Sociedad Española de Epidemiología (Spanish Society of Epidemiology), carried out a descriptive study in order to evaluate the level of development of the Spanish Public Health Law since its enactment in 2011. A survey collecting data on the existence of information systems and other aspects pertaining to each surveillance section included in the law was sent to all 19 autonomous communities and cities. All regional authorities reported the presence of an information system for communicable diseases, and six also reported an information system for social factors. 18 reported that at least one chronic disease was subject to surveillance and 14 confirmed surveillance of some of its determinants. They all systematically analysed the data derived from the communicable diseases. There is room for improvement in Public Health surveillance in Spain, and action should be aimed at the main health problems. Copyright © 2016 SESPAS. Published by Elsevier Espana. All rights reserved.

Contract Law in a Comparative Perspective

OpenAIRE

Suharnoko, -

2012-01-01

The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but th...

State environmental law and carbon emissions: Do public utility commissions use environmental statutes to fight global warming?

Energy Technology Data Exchange (ETDEWEB)

Sautter, John A.

2010-10-15

In many states environmental statutes provide the authority for public utility commissioners to make decisions to reduce greenhouse gases from electricity generation. This article looks at six such laws and how the presence of these laws affected CO{sub 2} emissions during a nine-year period from 1997 to 2005. (author)

Understanding the Role of the Co-Play between Land Use and Climate on Sediment Flux Laws in Intensively Managed Landscapes

Science.gov (United States)

Abban, B. K.; Papanicolaou, T.; Wilson, C. G.; Giannopoulos, C.; Sivapalan, M.

2017-12-01

In intensively managed landscapes (IMLs), changes in the land cover from what were previously grasslands, and their associated management practices, have led to a high degree of spatial heterogeneity and temporal variability in landscape processes that were absent pre-settlement. This has fundamentally altered terrestrial and instream sediment flux characteristics in regards to net amounts and proportions of source contributions, at shorter time scales. Sediment flux laws are now highly impacted by event-based dynamics. Whereas some events result in highly intermittent fluxes, others result in fluxes that largely propagate in the form of waves. This behavior is governed by the extent of land cover at the given time of the season, as well as the magnitude of the storm event. In addition, flux behavior changes as one moves from the plot scale to the watershed scale, and also with crop rotation. Thus, fluxes are now non-stationary due to continued human activity and its co-play with climate. The goal of this study is to develop a better understanding of the non-stationarity in sediment flux laws that arise from the co-play between land use and climate. Our approach involves the development of a modeling framework that considers all the exchanges between terrestrial and instream sources and addresses the issue of equifinality regarding terrestrial and instream source contributions on net sediment fluxes. The modeling framework couples an established terrestrial erosion model with an established in-stream sediment transport model. As a first step, our study focuses on the Clear Creek Watershed, IA, which is part of the Critical Zone Observatory for Intensively Managed Landscapes. We complement our modeling efforts with extensive terrestrial and instream field observations gathered at different times of the growing season, and in different years. We also used Bayesian sediment sourcing techniques to determine the provenance of transported material as well as the

78 FR 64004 - Notice of Intent To Collect Fees on Public Lands in the Red Cliffs National Conservation Area...

Science.gov (United States)

2013-10-25

... To Collect Fees on Public Lands in the Red Cliffs National Conservation Area, Washington County, UT... Intent to Collect Fees on Public Lands in the Red Cliffs National Conservation Area, Washington County, UT, which contained erroneous information regarding the use of the America the Beautiful passes at...

We do not recognise anything 'private': public interest and private law under the socialist legal tradition and beyond

OpenAIRE

Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.

2015-01-01

In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at the expense of the private one. Specific legal institutions were introduced for this purpose, in the form of legal innovations, loosely, if at all, based on pre-existing Western models. In the Poli...

California Library Statistics, 2009: Fiscal Year 2007-2008 from Public, Academic, Special and County Law Libraries

Science.gov (United States)

Bray, Ira, Ed.

2009-01-01

Each year the State Library sends annual report forms to California's public, academic, special, state agency, and county law libraries. Statistical data from those reports are tabulated in this publication, with directory listings published in the companion volume, "California Library Directory." For this fiscal year, 389 libraries of…

California Library Statistics, 2005: Fiscal Year 2003-2004 from Public, Academic, Special and County Law Libraries

Science.gov (United States)

Bray, Ira, Ed.

2005-01-01

Each year the State Library sends annual report forms to California's academic, public, special, state agency, and county law libraries. Statistical data from those reports are tabulated in this publication, with directory listings published in the companion volume, California Library Directory. For this fiscal year four hundred and eight…

A POLICY EVALUATION ON LAND PROCUREMENT USED FOR NATIONAL ROAD SPREADING IN BANGKA TENGAH REGENCY, KEPULAUAN BANGKA BELITUNG PROVINCE

Directory of Open Access Journals (Sweden)

Wijaya Sukarno Retno Negoro

2017-06-01

Full Text Available The policy of national land procurement is formed under a national consensus which states that land procurement in Indonesia must be implemented by emphasizing the principles of the Indonesian constitution and land law. In terms of land procurement, the local government of Bangka Tengah has a different policy from the national policy. In Bangka Tengah, land values are not included in the calculation of compensation value for the land acquisition. The compensation is only accounted for buildings, crops and other measurable losses. The study attempts to identify the concepts implemented by the local government of Bangka Belitung on their land procurement policy and to describe the conformity of the policy with the national policy under the Indonesian law no. 2 year 2012 No. 2 on Land Procurement for public facilities development. In evaluating the data, Dunn evaluation method is employed.  The method is a formal evaluation that focuses on the conformity in land procurement with the national constitution no 2. year 2012. The study indicates that substantially the land procurement policy implemented in Bangka Tengah is not in contradiction to the national land procurement policy. However, in the future, this kind of local policy will be more difficult to be put into effect.

75 FR 62137 - Notice of Intent To Collect Fees on Public Land in Fremont County, Idaho, Upper Snake Field...

Science.gov (United States)

2010-10-07

... Intent To Collect Fees on Public Land in Fremont County, Idaho, Upper Snake Field Office Under the.... SUMMARY: In accordance with the Federal Lands Recreation Enhancement Act (REA), the Upper Snake Field... months after the publication of this notice, the Upper Snake Field Office will initiate fee collection in...

Population risk and subjective public law in atomic energy law

International Nuclear Information System (INIS)

Winter, G.

1979-01-01

On the basis of jurisdiction in atomic law and in other planning and immission laws, the author deals with the question whether a plaintiff can base his action against a nuclear licence on the fact that the general population risk is very high around the chosen site or because of the type of reactors. Even if jurisdiction negates this question because of the function of the administrative-judicial legal protection (individual involvement), it nevertheless regards it as neccessary with the increasing number and size of NPPs, to make the general population risk accessable to actions. The author critically deals with the protection norm theory of the legal dogmatics and that of the practical jurisdiction. He suggests to replace the 'Nachbarklagen' model in atomic laws by a model of 'Eingriffsverwaltung' and to regard the licences primarily as tolerance declarations to the neighbourhood and secondarily as favouring administrative actions. (UN) [de

Introduction to planning law

International Nuclear Information System (INIS)

Ronellenfitsch, M.

1986-01-01

The author surveys the planning law in the Federal Republic of Germany. He deals with general regulations of the administrative procedure and land-use planning procedure and the main special rules of planning law, according to the Atomic Energy Act, the Nuclear Installation Ordinance and the Federal Act on the Protection against Nuisances. (WG) [de

78 FR 27992 - Notice of Temporary Closures of Public Land in Washoe County, NV

Science.gov (United States)

2013-05-13

.... Leon Thomas, Field Manager, Sierra Front Field Office. [FR Doc. 2013-11284 Filed 5-10-13; 8:45 am... City District Office will temporarily close certain public land near Stead, Nevada, to all public use... call the Federal Information Relay Service (FIRS) at 1- 800-877-8339 to contact the above individual...

77 FR 67023 - Notice of Temporary Closure on Public Lands in Mesa County, CO

Science.gov (United States)

2012-11-08

... soils in place. A temporary closure of public land to vehicle and foot traffic within the burned area is necessary to stabilize soils, prevent erosion and protect public health and safety. The BLM spread a quick... seeds need to be left undisturbed to create root structure and stabilize soils. Soil erosion prevention...

[Evidence-based medicine and public health law: statutory health insurance].

Science.gov (United States)

Dreher, Wolfgang

2004-09-01

Beyond all differences in terminology and legal principles between the laws governing private health insurance, the governmental financial support for civil, servants and statutory health insurance the fundamental issues to be solved by the courts in case of litigation are quite similar. But only a part of these refer to the quality of medical services, which is the main concern of Evidence-based Medicine (EbM); EbM, though, is not able to contribute towards answering the equally important question of how to distinguish between "treatment" and "(health-relevant) lifestyle". The respective definitions that have been developed in the particular fields of law are only seemingly divergent from each other and basically unsuitable to aid the physician in his clinical decision-making because the common blanket clauses of public health law are regularly interpreted as rules for the exclusion of certain claims and not as a confirmatory paraphrase of what is clinically necessary. If on the other hand medical quality is what lies at the core of litigation, reference to EbM may become necessary. In fact, it is already common practice in the statutory health insurance system that decision-making processes in the Federal Committee being responsible for quality assurance (Bundesausschuss) are based on EbM principles and that in exceptional cases only the courts have to medically review the Federal Committee's decisions.

METHODOLOGICAL PROBLEMS OF LAND USE PLANNING LOCALLY IN TERMS OF NEW LAND RELATIONS AND DECENTRALIZATION OF POWER

Directory of Open Access Journals (Sweden)

N. Kapinos

2017-05-01

Full Text Available Summary Fundamental changes of land relations that have been established for the period of land reform in the independent Ukraine and the new socio-economic and environmental problems identified new character and content of the land. During the land reform in Ukraine to land management encountered new challenges that focus on the implementation of land policy and land relations fundamental change. Accordingly, to land management faces new challenges. Today for events to decentralize power facilities, new land - the territory united local communities should determine for whom the prospect of organizing the use and protection of land and other natural resources. However, the current land law the answer to this problem does not. Instead, normalization is an attempt to issues related to improving the quality of drafting documentation spatial planning (urban planning documents establish procedures for integrated development plans of local communities, the introduction of rules regulating local area to establish procedures for planning, construction and other use areas and about objects, improving public hearings to address public interests and relieve tension in the planning and construction of the territories. However, planning documentation does not solve the problems of perspective development of the organization use and protection of land and other natural resources. There is a need to distinguish between objects of regional urban planning and land management. This is because the urban planning regulations covering mainly two categories of land (settlements, industry, transport, communications and other purposes, not including agricultural land, which houses objects of capital construction. However, they make up for Ukraine just 4.2% of the total area. For the remaining seven categories of land (agricultural land, forest and water resources, conservation, recreation, recreational purposes land use planning and their protection should be based on

76 FR 16807 - Notice of Intent To Collect Fees on Public Land in Tangle Lakes, Alaska, Glennallen Field Office...

Science.gov (United States)

2011-03-25

... Intent To Collect Fees on Public Land in Tangle Lakes, Alaska, Glennallen Field Office Under the Federal...), the Bureau of Land Management (BLM) Glennallen Field Office will begin to collect fees in 2011 upon... is encouraged to comment. Effective 6 months after the publication of this notice and upon completion...

7 CFR Exhibit C to Subpart E of... - FmHA or Its Successor Agency Under Public Law 103-354 Financed Contract

Science.gov (United States)

2010-01-01

... or Its Successor Agency Under Public Law 103-354 Financed Contract To: Area Director, Office of... 7 Agriculture 12 2010-01-01 2010-01-01 false FmHA or Its Successor Agency Under Public Law 103-354 Financed Contract C Exhibit C to Subpart E of Part 1901 Agriculture Regulations of the Department of...

PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW

Directory of Open Access Journals (Sweden)

MARIUS ANDREESCU

2011-04-01

Full Text Available A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions. The legal behavior of the state’s institutions consists in their right to appreciate them and the power excess generates the violation of a subjective right or of the right that is of legitimate interest to the citizen. The application and nonobservance of the principle of lawfulness in the activities of the state is a complex problem because the exercise of the state’s functions assumes the discretionary powers with which the states authorities are invested, or otherwise said the ‘right of appreciation” of the authorities regarding the moment of adopting the contents of the measures proposed. The discretionary power cannot be opposed to the principle of lawfulness, as a dimension of the state de jure. In this study we propose to analyze the concept of discretionary power, respectively the power excess, having as a guidance the legislation, jurisprudence and doctrine in the matter. At the same time we would like to identify the most important criterions that will allow the user, regardless that he is or not an administrator, a public clerk or a judge, to delimit the legal behavior of the state’s institutions from the power excess. Within this context, we appreciate that the principle of proportionality represents such a criterion. The proportionality is a legal principle of the law, but at the same time it is a principle of the constitutional law and of other law branches. It expresses clearly the idea of balance, reasonability but also of adjusting the measures ordered by the state’s authorities to the situation in fact, respectively to the purpose for which they have been conceived. In our study we choose theoretical and jurisprudence arguments according to which the principle of proportionality can procedurally be determined and used to delimit the discretionary power and

Flight Test of L1 Adaptive Control Law: Offset Landings and Large Flight Envelope Modeling Work

Science.gov (United States)

Gregory, Irene M.; Xargay, Enric; Cao, Chengyu; Hovakimyan, Naira

2011-01-01

This paper presents new results of a flight test of the L1 adaptive control architecture designed to directly compensate for significant uncertain cross-coupling in nonlinear systems. The flight test was conducted on the subscale turbine powered Generic Transport Model that is an integral part of the Airborne Subscale Transport Aircraft Research system at the NASA Langley Research Center. The results presented include control law evaluation for piloted offset landing tasks as well as results in support of nonlinear aerodynamic modeling and real-time dynamic modeling of the departure-prone edges of the flight envelope.

78 FR 50086 - Notice of Competitive Auction for Solar Energy Development on Public Lands in the State of Colorado

Science.gov (United States)

2013-08-16

... Competitive Auction for Solar Energy Development on Public Lands in the State of Colorado AGENCY: Bureau of...) application and a plan of development for solar energy projects on approximately 3,705 acres of public land in... designated Solar Energy Zones (SEZ): Los Mogotes East SEZ and De Tilla Gulch SEZ. Applications for solar...

Challenges imposed by International Environmental Law to Classical International Law

Directory of Open Access Journals (Sweden)

Fabian Augusto Cárdenas Castañeda

2010-05-01

Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

78 FR 19062 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2013-03-28

... International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for... UNCITRAL's Working Group IV (electronic commerce), the UNCITRAL Secretariat has prepared draft provisions... on electronic transferable records. The public meeting will take place on Tuesday, April 30, 2013...

Law No. 30 modifying and amending Laws No. 135 of 1961, 1a of 1968, and 4a of 1973 and conferring certain competencies on the President of the Republic, 18 March 1988.

Science.gov (United States)

1988-01-01

This Law and regulatory Decree No. 2017 of 12 October 1988 (Diario Oficial, No. 38531, 12 October 1988, pp. 1-7) establish new procedures for the distribution of rural land in Colombia. A major aspect of these laws is the incorporation of the National Council of Economic and Social Policy (CONPES) into the planning and control of the agriculture reform scheme. According to these regulations, the Colombian Institute for Agriculture Reform (INCORA) will be in charge of the creation of the Annual Plan of Activities which establishes the regions subject to a land distribution plan under the supervision of CONPES. Once the Annual Plan of Activities is formulated, the regulations authorize INCORA to negotiate directly with the owners of the lands covered by the regional plan. For this purpose, the land is subject to technical analysis consisting of an on-site visit during which the quality, improvement, and value of the machinery attached to the land are assessed. After the analysis is completed, an offer will be made to the owner, who has a period of 15 days to accept or reject it. If the offer is rejected, INCORA will initiate an expropriation proceeding. Payment will be made in government bonds, maturing in five years. The owners have a right to seek the exclusion of their lots from regional plans. A second major aspect of these laws is that their objectives include not only the redistribution of the land but also the creation of adequate infrastructure for the development of regions subject to agrarian reform. Projects for the construction of railroads or other means of transportation, public service facilities, and cultural centers will be carried out keeping in mind the principle that respect for environmental concerns be maintained. full text

Democratic contract law

NARCIS (Netherlands)

Hesselink, M.W.

2015-01-01

This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will

Preventing Maladministration in Indonesian Public Procurement : A Good Public Procurement Law Approach and Comparison with the Netherlands and the United Kingdom

NARCIS (Netherlands)

Wibowo, R.A.

2017-01-01

The aim of this book is to make recommendations concerning the improvement of public procurement law in Indonesia. The author identifies five fundamental problems commonly arising in the pre-contractual phase in Indonesia: the procurement document may be prepared in a way that favours certain

78 FR 76854 - Notice of Realty Action: Non-Competitive (Direct) Sale of Public Land in Sheridan County, WY

Science.gov (United States)

2013-12-19

... Department of the Interior and the BLM. The Maintenance Plan Change updated the land disposal map and... publication of this NORA, and until completion of the sale, the BLM is no longer accepting land use... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWYP070000; L14300000.EU0000; WYW-168342...

Prognostic framing of stakeholders' subjectivities: A case of all-terrain vehicle management on state public lands

Science.gov (United States)

Stanley T. Asah; David N. Bengston; Keith Wendt; Leif. DeVaney

2012-01-01

Management of all-terrain vehicle (ATV) use on Minnesota state forest lands has a contentious history and land managers are caught between ATV riders, nonmotorized recreationists, private landowners, and environmental advocates. In this paper, we demonstrate the usefulness of framing distinct perspectives about ATV management on Minnesota state public forests,...

State farm-to-school laws influence the availability of fruits and vegetables in school lunches at US public elementary schools.

Science.gov (United States)

Nicholson, Lisa; Turner, Lindsey; Schneider, Linda; Chriqui, Jamie; Chaloupka, Frank

2014-05-01

State laws and farm-to-school programs (FTSPs) have the potential to increase fruit and vegetable (FV) availability in school meals. This study examined whether FV were more available in public elementary school lunches in states with a law requiring/encouraging FTSPs or with a locally grown-related law, and whether the relationship between state laws and FV availability could be explained by schools opting for FTSPs. A pooled, cross-sectional analysis linked a nationally representative sample of public elementary schools with state laws. A series of multivariate logistic regressions, controlling for school-level demographics were performed according to mediation analysis procedures for dichotomous outcomes. Roughly 50% of schools reported FV availability in school lunches on most days of the week. Schools with the highest FV availability (70.6%) were in states with laws and schools with FTSPs. State laws requiring/encouraging FTSPs were significantly associated with increased FV availability in schools and a significant percentage (13%) of this relationship was mediated by schools having FTSPs. Because state farm-to-school laws are associated with significantly higher FV availability in schools-through FTSPs, as well as independently-enacting more state legislation may facilitate increased FTSP participation by schools and increased FV availability in school meals. © 2014, American School Health Association.

LEGAL PROTECTION IN AWARDING PUBLIC CONTRACTS PROCEEDINGS- HARMONISATION OF CROATIAN LAW WITH THE ACQUIS COMMUNAUTAIRE

Directory of Open Access Journals (Sweden)

Damir Aviani

2008-01-01

Full Text Available Every economic activity of public legal bodies, and similarly with the activities of public-legal bodies in awarding public contracts to business partners, is subject to the rules of market competition. In order to secure free market competition, and market oriented activity of public legal bodies, the European Union, with its rules, limits the activity of public power and forces it to act in a market oriented way in its economic activities. The legal inheritance of the Union which is related to the awarding of public contracts (on public procurement, concessions and public-private partnership is based on general principles which arise from the Agreement on the Establishment of the European Union, and from the court practice of the European Court of Justice such as transparency, equal treatment and non-discrimination. The demands which are placed on legal protection within the area of awarding certain public contracts are regulated by two, in important points confl ictive directives of the EU on legal remedies: Directive 89/665/EEC, which is related to legal protection in the so called classic sector and by Directive 92/13/EEC which is related to the legal protection in the services sector. The aforementioned with directives set certain demands which the member states must satisfy during the regulation of legal protection in their national legislative. The Croatian system of legal remedies is not unique in the questions of legal protection in procedures of awarding public contracts. That is, the system of legal protection in the procedure of public procurement is different from legal protection in the procedure of awarding contracts of concession and contracts of public-private partnership. Court control of public administration is recognisable as the fundamental element of the rule of law. However, there exists signifi cant room for improvement of legal, and in particular, court protection in the Republic of Croatia for breach of law during

World law

Directory of Open Access Journals (Sweden)

Harold J. Berman

1999-03-01

Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

Evaluation of Law no. 6306 on Transformation of Areas under Disaster Risk from Perspective of Public Spaces – Gezi Park Case

Directory of Open Access Journals (Sweden)

Sezen Tarakçı

2015-08-01

Full Text Available Throughout history, cities have offered a place for freedom and accommodated differences. Ideological and social developments have taken place in urban spaces where differences, different cultures and ideologies gathered together. Therefore, significant attention should be paid to public-oriented planning and design of urban spaces in the face of social segregation and disintegration experienced in cities. However, cities inTurkeyare mostly transformed under the pressure of international and national capital. The most recent legal instrument governing urban redevelopment, the Law no. 6306 on Transformation of Areas under Disaster Risk contains quite controversial provisions relating to many paradigms. Its uncertainty over public property and public spaces, and the Ministry of Environment and Urban Planning as the sole authority in this field leave all the public spaces at “risk”.GeziPark, a ‘saved’ public space in the backdrop of protests, is still exposed to risks of being stripped off its public nature. This study browses through the literature on public spaces and urban redevelopment, while evaluating the Law no. 6306 on Transformation of Areas under Disaster Risk. It goes on to evaluateGeziParkevents, from the perspective of these experiences and the interviews conducted thereafter. The study concludes how actually the aforementioned Law may itself pose risks for our public spaces.

Are all-terrain vehicle riders willing to pay trail user fees to ride on public lands in the USA?

Science.gov (United States)

Stephanie A. Snyder; Robert A. Smail

2009-01-01

Some public lands in the USA offer opportunities for all-terrain vehicle (ATV) riding, but few charge trail use fees. In a case study in the US state of Wisconsin, the contingent valuation method was used to examine riders' willingness to pay (WTP) to ride on public lands. Information on riders' habits, preferences and responses to a dichotomous choice WTP...

Environmental law and nuclear law: a growing symbiosis

International Nuclear Information System (INIS)

Ennerechts, S.

2008-01-01

This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

Terminological and Definitional Problems of Deficit and Debt in the Polish and EU Law of Public Finance

Directory of Open Access Journals (Sweden)

Ewa Lotko

2016-06-01

Full Text Available In the Polish and the EU public finances law there are serious terminological difficulties concerning the deficit and the debt. They arise first from the terminological chaos in this field and second from the parallel application of the EU and the Polish methodology of calculating of deficit and debt. Thus, the paper aims to explain the terminological and definitional problems of deficit and debt in the public finances law using unobtrusive research consisting of the detailed analysis of the Polish and EU legislation. Although there is no doubt that it would be desirable to order the applied terms, in the current legal situation, it would be extremely difficult, as it would require the changes to the Constitution, laws, and modification of translations of UE acts. The solution to the problem, presenting additional advantages, could consist of full transition to the EU methodology by the renouncement from the Polish methodology.

What people value: an ecosystem services approach to managing public lands

Science.gov (United States)

Marie Oliver; Robert Deal; Nikola Smith; Dale Blahna; Jeff Kline

2016-01-01

Since 1960, the Forest Service has been guided by the multiple-use concept, which recognizes five major uses for public lands—timber, water, range, recreation, and fish and wildlife habitat—and mandates that all five should be equally considered in management plans. In recent decades, however, it has become evident that people also value many other benefits offered by...

Politics or law: what is more in the approaches of public expert monopoly?

Directory of Open Access Journals (Sweden)

Оксана Михайлівна Калужна

2018-03-01

It is concluded that the model of judicial expert support of legal proceedings in Ukraine, that is established by «judicial reform» (Law No. 2147-VIII in the wording that will come into force on March 18, 2018 is a milestone in its historical development, which certainly should be modified depending on its effectiveness and the demand of the society, public, professional and state institutions. So public forensic expert monopoly is not an ideal model of forensic expert support of justice because of corporate and political interests, corruption component, abuse of forensic experts etc. Therefore, it will undergo a review and transformation.

Public-law contracts as the basis for the creation, modification and termination of legal relationships, taking account of tax law

Directory of Open Access Journals (Sweden)

Jörg Pudelka

2017-12-01

Full Text Available According to German legislation, which complies with the legislation of a large number of European and post-Soviet countries, the administrative procedure can be concluded with two different results. In most of cases, administrative actions will be aimed at adopting an administrative act. This is a centralized form of public administration, with which direct rights are justified, modified or discontinued. So, for example, the abstract right to a constitutionally protected property guarantees that a person is allowed to build on the territory that belongs to him (so-called "freedom of construction" is made by a way of passing an administrative act, named a building permit. Only this building permit gives concrete right for the construction of a particular building (according to the submitted architectural documents. Thus, the law on construction can be applied only by issuing a building permit, as well as can be canceled by canceling the construction permit or changing its contents. The second form of administration that can be used to conclude an administrative procedure in accordance with Article 9 of the law is a public contract. In practice, this is much less common in comparison with an administrative act and is not indisputable in general as a tool of government action.

THE METHODOLOGY USED TO INTERPRET CUSTOMARY LAND TENURE

Directory of Open Access Journals (Sweden)

Gerrit Pienaar

2012-09-01

Full Text Available Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure.Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada and indigenous land tenure (in South Africa. The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the

75 FR 39580 - Notice of Realty Action; Direct Sale of Public Lands in Minidoka County, ID

Science.gov (United States)

2010-07-09

... the owners of the surrounding private land for the appraised fair market value of $85,200. The private... amended (43 U.S.C. 1713 and 1719), at not less than the appraised fair market value: Boise Meridian T. 6 S... fair market value is $85,200. The public land is identified as suitable for disposal in the 1985 BLM...

76 FR 29784 - Notice of Realty Action; Direct Sale of Public Lands in Jerome County, ID

Science.gov (United States)

2011-05-23

... adjacent private land, Todd and Bridget Buschhorn, for the appraised fair market value of $5,600. DATES... fair market value: Boise Meridian T. 10 S., R. 19 E., sec. 25, lot 10. The area described contains 7.45 acres in Jerome County. The appraised fair market value is $5,600. The public land is identified as...

Mizan Law Review: Submissions

African Journals Online (AJOL)

Author Guidelines. SUBMISSION GUIDELINES The following submissions are acceptable for publication upon approval by the Editorial Board. Publication of an ... and development of laws; Comments: Case comments that highlight and analyze issues, laws and their interpretation and application in case decisions or fact ...

“Abstractive description” of land registration system based on the theory of “public confidence”

Directory of Open Access Journals (Sweden)

Nasrini Tabatabai Hesari

2014-10-01

Full Text Available the system of land registration is protective formalism that is formed based on the theory of “public confidence”. This theory presumes that what reflected by the land registration offices is based on the legal fact. This theory, which provides legal stability and security in transactions, is manifested in three guiding principles including “mirror principle”, “curtain principle” and “insurance principle”, and offers an “abstractive description” to a land registration system. This character has different effects on diverse legal systems and can be studied for both positive and negative systems.

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

Science.gov (United States)

Maryland State Commission for Women, Baltimore.

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

Evapotranspiration Power Law in Self-Organized and Human-Managed Ecosystems

Science.gov (United States)

Zeng, R.; Cai, X.

2017-12-01

Natural systems display a profound degree of self-organization, often apparent even to the untrained eye. However, in this age of increased coupling among human and natural systems, it is unclear to what degree natural organization principles continue to govern human-managed landscapes. Here we present an emerging characteristic of terrestrial evapotranspiration (ET), one of the key components of the water cycle and energy budget, adhered to by both naturally organized and intensively managed landscapes. We find that ET variance and ET mean for ecosystems throughout the world with diverse climate conditions, vegetation structures, and land covers and land uses organize themselves according to a specific power law curve. From multi-source observations, the ET power law curve stands true through varying spatial scales, from field to region. Moreover, a phenomenon of similar ecosystems gravitating toward particular segments of the power law curve, suggests that the feature of self-optimization of ecosystems establishes the ET power law together with climatic conditions. Perhaps surprisingly, we find that landscapes persistently follow the power law curve even upon human-induced transition from rain-fed to irrigated agriculture in the American High Plains and from wetland to agricultural land in American Midwest. As such, the ET power law can be an informative tool for predicting consequences of anthropogenic disturbances to the hydrologic cycle and understanding constraints to sustainable land use.

78 FR 16567 - Notice of Opportunity for Public Comment on Non-Rule Making Action To Change Land Use From...

Science.gov (United States)

2013-03-15

... Public Comment on Non-Rule Making Action To Change Land Use From Aeronautical to Non-Aeronautical at... layout plan update, if approved, would change the land use on 72.13 acres from aeronautical to non-aeronautical. The property will then be leased for Commercial Development. The location of the land relative to...

The private – public law divide

DEFF Research Database (Denmark)

Gyldenløve Jeppesen-de Boer, Christina; Kronborg, Annette; Svendsen, Idamarie Leth

2013-01-01

. The inconsistencies stemming from it are demonstrated and it is shown how they imply a legal design more preoccupied with traditional divisions of power and positions than with an interest in the reality of the people it is aimed at. In the article it is argued from within the best ingerest principle...... that the historical development neccessitates a re-thinking of the distinction between child welfare law and family law. It shows how the distinction is nationally and institutionally embedded. Further, that the distinction has only been superficially adressed by the CRC Committee....

76 FR 72972 - Notice of Realty Action: Competitive Sale of Public Land in Santa Clara County, CA

Science.gov (United States)

2011-11-28

... appraised fair market value. The appraised value of the public land is $135,000. DATES: Comments regarding... described contains 23.42 acres, more or less, in Santa Clara County, California. Appraised fair market value... no known mineral values in the land proposed for sale. The BLM proposes that conveyance of the...

A Coordinated Approach to Food Safety and Land Use Law at the Urban Fringe.

Science.gov (United States)

Miller, Stephen R

2015-01-01

Much has been written about the rise of the local food movement in urban and suburban areas. This essay tackles an emerging outgrowth of that movement: the growing desire of urban and suburban dwellers to engage rural areas where food is produced not only to obtain food but also as a means of tourism and cultural activity. This represents a potentially much-needed means of economic development for rural areas and small farmers who are increasingly dependent on non-farm income for survival. The problem, however, is that food safety and land use laws struggle to keep up with these changes, waffling between over-regulation and de-regulation. This essay posits a legal path forward to steer clear of regulatory extremes and to help the local food movement grow and prosper at the urban fringe. We must cultivate our garden.

[Public health, prevention and federalism: insights from the implementation of the federal law on health insurance].

Science.gov (United States)

Rüefli, Christian; Sager, Fritz

2004-01-01

In 1996, the new Swiss law on health care insurance (KVG) introduced the coverage of certain preventive measures. This provided an opportunity to include research-based public health issues in federal health policy. The present article examines the problems with which the realization of those goals in a Federalist health care system with strong cantonal autonomy as it is found in Switzerland was confronted. Comparative qualitative case studies design (vaccination of school age children and screening-mammography). Switzerland's federalist health care system strongly hinders the realisation of the Confederation's public health goals. Prevention falls into the cantons' autonomy and the federal KVG (Krankenversicherungsgesetz; Health insurance law) only regulates the coverage of the services provided, but does not contain any instruments to assure implementation in consistency with the policy goals. Under those circumstances, conflicts of interest between the implementing actors, varying cantonal preferences, and scarce resources block the implementation of public health goals. The results imply stronger leadership of the Confederation in prevention policy and an improved consideration of implementation aspects in approving new measures to obligatory insurance coverage.

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

The familiar strangeness of ancient names and the Law of the public use of Slovene

Directory of Open Access Journals (Sweden)

Maja Sunčič

2004-12-01

Full Text Available The paper discusses the alien or familiar quality of ancient names in the naming of Slovene enterprises in view of the Law of the Public Use of Slovene (LPUS and a detailed study by Alenka Gložančev. While the law tries to banish all non-Slovene elements from public use with a special focus on the naming of enterprises, it surprisingly overlooks the issue of ancient names in public use, focusing primarily on English ones. Gložančev rightly points out that foreign names represent the key issue for the language-conscious public, whereas other, more important language questions are largely ignored. The LPUS and the study by Gložančev focus on English words and names, which are considered to be highly undesirable despite globalisation and Slovenia's accession to the European Union in May 2004. The use of ancient names, which are by definition foreign, in the naming of enterprises and venues proves to be a much more difficult issue, since ancient names are often dissociated from the context or signify nothing familiar to the consumer. Can it be expected that, in the name of defending the Slovene language and cultural heritage, the restrictions enforced by the LPUS on the use of foreign names will contribute to the disappearance of antiquity from contemporary everyday life?

75 FR 38545 - Notice of Realty Action: Competitive Auction of Public Lands in White Pine County, NV

Science.gov (United States)

2010-07-02

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNVL01000 L14300000.EU0000 241A; N-86667; 10-08807; MO 4500012445; TAS: 14X5232] Notice of Realty Action: Competitive Auction of Public Lands..., cashier's check, certified check or U.S. postal money order, or any combination thereof, and made payable...

The Integration of Virtual Public-Private Partnerships into Local Law Enforcement to Achieve Enhanced Intelligence-Led Policing

National Research Council Canada - National Science Library

Simeone, Jr, Matthew J

2007-01-01

.... Virtual public-private partnerships (VP3s) offer local law enforcement agencies an effective and efficient way to leverage a vast and resourceful private sector for the purpose of enhancing ILP...

Updated outdoor recreation use values on national forests and other public lands.

Science.gov (United States)

John. Loomis

2005-01-01

This report summarizes more than 30 years of the literature on net economic value of outdoor recreation on public lands. The report provides average net willingness to pay or consumer surplus per day for 30 recreation activities at the national level. Values per day by recreation activity are also presented by census region of the United States. Detailed tables provide...

A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

Science.gov (United States)

Farquharson, Lauren

2017-03-01

Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

Effects of Governance on Availability of Land for Agriculture and Conservation in Brazil.

Science.gov (United States)

Sparovek, Gerd; Barretto, Alberto Giaroli de Oliveira Pereira; Matsumoto, Marcelo; Berndes, Göran

2015-09-01

The 2012 revision of the Brazilian Forest Act changed the relative importance of private and public governance for nature conservation and agricultural production. We present a spatially explicit land-use model for Brazilian agricultural production and nature conservation that considers the spatial distribution of agricultural land suitability, technological and management options, legal command, and control frameworks including the Atlantic Forest Law, the revised Forest Act, and the Amazonian land-titling, "Terra Legal," and also market-driven land use regulations. The model is used to analyze land use allocation under three scenarios with varying priorities among agricultural production and environmental protection objectives. In all scenarios, the legal command and control frameworks were the most important determinants of conservation outcomes, protecting at least 80% of the existing natural vegetation. Situations where such frameworks are not expected to be effective can be identified and targeted for additional conservation (beyond legal requirements) through voluntary actions or self-regulation in response to markets. All scenarios allow for a substantial increase in crop production, using an area 1.5-2.7 times the current cropland area, with much of new cropland occurring on current pastureland. Current public arrangements that promote conservation can, in conjunction with voluntary schemes on private lands where conversion to agriculture is favored, provide important additional nature conservation without conflicting with national agricultural production objectives.

78 FR 77200 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public...

Science.gov (United States)

2013-12-20

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0151] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public Comments AGENCY: Maritime... AFFAIR is: Intended Commercial Use of Vessel: ``Charter Fishing (sport) & sightseeing tours.'' Geographic...

Deregulation and regulation by the national and European antitrust laws. The development and amendment of antitrust laws and their effects on the public utilities. Papers

International Nuclear Information System (INIS)

Baur, J.F.

1994-01-01

The papers presented at the meeting discuss the following subjects: The public utilities and their scope of exemptions from provisions of the antitrust laws as established by court rulings; reimbursement for electricity supplied to the grid and the phasing out of franchise agreements; the competition policy of the Federal Cartel Office towards the public utilities; legal and economic implications of the competition policy adopted by the Federal Cartel Office for the structures of the public sector of the power supply industry; ensuring safe and priceworthy power supply in Europe. The five papers can be separately retrieved from the database. (HSCH) [de

78 FR 7809 - Notice of Realty Action: Proposed (Non-Competitive) Direct Sale of Public Land in Campbell County...

Science.gov (United States)

2013-02-04

... of all legal descriptions for parcels identified for consideration for disposal. The land, if offered... Revocable Trust. DATES: In order to ensure consideration in the environmental analysis of the proposed sale... reply during normal business hours. SUPPLEMENTARY INFORMATION: The following-described public land in...

Contract Law in a Comparative Perspective

Directory of Open Access Journals (Sweden)

- Suharnoko

2012-05-01

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

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

African Journals Online (AJOL)

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

Recomendaciones para una futura Ley de Salud Pública en España Suggestions for the upcoming public health law in Spain

Directory of Open Access Journals (Sweden)

Rosa Urbanos

2010-01-01

Full Text Available La nueva ley estatal de salud pública ha de sustanciar la reforma de la salud pública. El texto legal debería abrir paso a la modernización y a la adaptación de las estructuras de salud pública a las nuevas necesidades. Se precisa un concepto más amplio de salud pública y una redefinición de sus funciones y servicios básicos. La creación de una Agencia Española de Salud Pública y de un Consejo de Salud Pública, la elaboración de una Estrategia Española de Salud Pública y la reforma de la formación de los profesionales, son algunas de las principales recomendaciones para la futura ley.The upcoming public health law must serve as the basis for public health reform. The text of the law should allow public health structures to be modernized and adapted to the country's new needs. A broader concept of public health and a redefinition of its functions and basic services are required. Some of the main suggestions for the upcoming law are the establishment of a Spanish Agency for Public Health and a Public Health Council, the design of a Spanish Strategy of Public Health, and reform of professional training.

Contradictions of labor law during elections

Directory of Open Access Journals (Sweden)

Jorge Márquez

2015-10-01

Full Text Available Our article is part of a research to understand Uruguayan labour law through an analysis of the contradictions that arise between the rights and obligations derived from public law rules in the current stage where labour law is dispersed within the voluminous set of rules that conforms Uruguayan law. Our argument focuses particularly on the topic of the working hours that officers and public notaries invest whenever citizenship is convened to vote in the electoral polls, the most important act in a democracy. We hope this publication may arise a debate that contributes to the construction of new rules helping in the creation of a better labour law.

41 CFR 102-80.90 - Is the Fire Administration Authorization Act of 1992 (Public Law 102-522) relevant to fire...

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Is the Fire Administration Authorization Act of 1992 (Public Law 102-522) relevant to fire protection engineering? 102-80.90 Section 102-80.90 Public Contracts and Property Management Federal Property Management Regulations System...

The growing interrelationship between nuclear law and environmental law

International Nuclear Information System (INIS)

Bourdon, Pierre

2015-01-01

With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may be defined as 'the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused

Design of guidance laws for lunar pinpoint soft landing

NARCIS (Netherlands)

Guo, J.; Han, C.

2009-01-01

Future lunar missions ask for the capability to perform precise Guidance, Navigation and Control (GNC) to the selected landing sites on the lunar surface. This paper studies the guidance issues for the lunar pinpoint soft landing problem. The primary contribution of this paper is the design of

Land use and energy

Energy Technology Data Exchange (ETDEWEB)

Robeck, K.E.; Ballou, S.W.; South, D.W.; Davis, M.J.; Chiu, S.Y.; Baker, J.E.; Dauzvardis, P.A.; Garvey, D.B.; Torpy, M.F.

1980-07-01

This report provides estimates of the amount of land required by past and future energy development in the United States and examines major federal legislation that regulates the impact of energy facilities on land use. An example of one land use issue associated with energy development - the potential conflict between surface mining and agriculture - is illustrated by describing the actual and projected changes in land use caused by coal mining in western Indiana. Energy activities addressed in the report include extraction of coal, oil, natural gas, uranium, oil shale, and geothermal steam; uranium processing; preparation of synfuels from coal; oil refineries; fossil-fuel, nuclear, and hydro-electric power plants; biomass energy farms; and disposal of solid wastes generated during combustion of fossil fuels. Approximately 1.1 to 3.3 x 10/sup 6/ acres were devoted to these activities in the United States in 1975. As much as 1.8 to 2.0 x 10/sup 6/ additional acres could be required by 1990 for new, nonbiomass energy development. The production of grain for fuel ethanol could require an additional 16.9 to 55.7 x 10/sup 6/ acres by 1990. Federal laws that directly or indirectly regulate the land-use impacts of energy facilities include the National Environmental Protection Act, Clean Air Act, Federal Water Pollution Control Act, Surface Mining Control and Reclamation Act, and Coastal Zone Management Act. The major provisions of these acts, other relevant federal regulations, and similar state and local regulatons are described in this report. Federal legislation relating to air quality, water quality, and the management of public lands has the greatest potential to influence the location and timing of future energy development in the United States.

Land use and energy

International Nuclear Information System (INIS)

Robeck, K.E.; Ballou, S.W.; South, D.W.; Davis, M.J.; Chiu, S.Y.; Baker, J.E.; Dauzvardis, P.A.; Garvey, D.B.; Torpy, M.F.

1980-07-01

This report provides estimates of the amount of land required by past and future energy development in the United States and examines major federal legislation that regulates the impact of energy facilities on land use. An example of one land use issue associated with energy development - the potential conflict between surface mining and agriculture - is illustrated by describing the actual and projected changes in land use caused by coal mining in western Indiana. Energy activities addressed in the report include extraction of coal, oil, natural gas, uranium, oil shale, and geothermal steam; uranium processing; preparation of synfuels from coal; oil refineries; fossil-fuel, nuclear, and hydro-electric power plants; biomass energy farms; and disposal of solid wastes generated during combustion of fossil fuels. Approximately 1.1 to 3.3 x 10 6 acres were devoted to these activities in the United States in 1975. As much as 1.8 to 2.0 x 10 6 additional acres could be required by 1990 for new, nonbiomass energy development. The production of grain for fuel ethanol could require an additional 16.9 to 55.7 x 10 6 acres by 1990. Federal laws that directly or indirectly regulate the land-use impacts of energy facilities include the National Environmental Protection Act, Clean Air Act, Federal Water Pollution Control Act, Surface Mining Control and Reclamation Act, and Coastal Zone Management Act. The major provisions of these acts, other relevant federal regulations, and similar state and local regulatons are described in this report. Federal legislation relating to air quality, water quality, and the management of public lands has the greatest potential to influence the location and timing of future energy development in the United States

Constitutional Law and International Law at the Turn of the Century ...

African Journals Online (AJOL)

Administrator

Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and ... To consider how Constitutional Law or International Law were understood in 1900 means to notice the immense .... In the relationship between the political organs of a state the role of the Constitutional Court should be seen ...

Simulated response of water quality in public supply wells to land use change

Science.gov (United States)

McMahon, P. B.; Burow, K. R.; Kauffman, L. J.; Eberts, S. M.; BöHlke, J. K.; Gurdak, J. J.

2008-07-01

Understanding how changes in land use affect water quality of public supply wells (PSW) is important because of the strong influence of land use on water quality, the rapid pace at which changes in land use are occurring in some parts of the world, and the large contribution of groundwater to the global water supply. In this study, groundwater flow models incorporating particle tracking and reaction were used to analyze the response of water quality in PSW to land use change in four communities: Modesto, California (Central Valley aquifer); York, Nebraska (High Plains aquifer); Woodbury, Connecticut (Glacial aquifer); and Tampa, Florida (Floridan aquifer). The water quality response to measured and hypothetical land use change was dependent on age distributions of water captured by the wells and on the temporal and spatial variability of land use in the area contributing recharge to the wells. Age distributions of water captured by the PSW spanned about 20 years at Woodbury and >1,000 years at Modesto and York, and the amount of water <50 years old captured by the PSW ranged from 30% at York to 100% at Woodbury. Short-circuit pathways in some PSW contributing areas, such as long irrigation well screens that crossed multiple geologic layers (York) and karst conduits (Tampa), affected age distributions by allowing relatively rapid movement of young water to those well screens. The spatial component of land use change was important because the complex distribution of particle travel times within the contributing areas strongly influenced contaminant arrival times and degradation reaction progress. Results from this study show that timescales for change in the quality of water from PSW could be on the order of years to centuries for land use changes that occur over days to decades, which could have implications for source water protection strategies that rely on land use change to achieve water quality objectives.

Report on residual radioactive materials on public or acquired lands of the United States

Energy Technology Data Exchange (ETDEWEB)

None

1979-07-01

This report identifies sites located on public or acquired lands of the United States containing residual radioactive materials and other radioactive waste (excluding waste resulting from the production of electric energy) and was developed in accordance with the provisions of Section 114(b) of Public Law 95-604, "Uranium Mill Tailings Radiation Control Act of 1978," enacted on November 8, 1978. Additionally, the report specifies which Federal agency has jurisdiction over such sites and, where appropriate data were available, provides a description of the radiological status of each of the sites reported. For purpose of providing a timely report t o t h e Congress, a termination date of May 31, 1979 was established for the receipt, correlation, and analysis of the input data. As of this date, residual radioactive materials and other radioactive waste have been identified by six Federal agencies at 48 sites throughout the United States. Table 1 on page vi provides a summary listing of the number of sites under the jurisdiction of each of these reporting agencies. A cross listing in tabular form by affected state is presented in Table 2 on page viii. Of the 48 sites reported, 36 are located i n three western states - Colorado (27 sites), Wyoming (5 sites), and Utah (4 sites). Based upon t h e data submitted, the sites were categorized into three broad radiological status categories -- controlled, unstabilized, and risk to the public. At controlled sites, the residue is stabilized, access t o t h e site is controlled, the s i t e is well monitored, and does not currently constitute a risk to the public. At sites in the unstabilized category, a probability exists for the spread of contamination. Sites in the risk category contain residue which represents a long-term risk to the public under present conditions. Of the 48 reported sites,. 9 (approximately 19%) could be classified in the controlled category; 38 (approximately 79%) were in the unstabilized category and

Nanotechnology in global medicine and human biosecurity: private interests, policy dilemmas, and the calibration of public health law.

Science.gov (United States)

Faunce, Thomas A

2007-01-01

This paper considers how best to approach dilemmas posed to global health and biosecurity policy by increasing advances in practical applications of nanotechnology. The type of nano-technology policy dilemmas discussed include: (1) expenditure of public funds, (2) public-funded research priorities, (3) public confidence in government and science and, finally, (4) public safety. The article examines the value in this context of a legal obligation that the development of relevant public health law be calibrated against less corporate-influenced norms issuing from bioethics and international human rights.

Groundwater management in land administration : A spatio-temporal perspective

NARCIS (Netherlands)

Ghawana, T.; Hespanha, J.P.; Zevenbergen, J.A.; Van Oosterom, P.J.M.

2010-01-01

Although the use of land and water is intertwined, specifics for groundwater management are not effectively dealt with in the laws and other institutional mechanisms related to land. Provisions for groundwater aspects in land management are there, but with a focus on the land itself. Land rights and

78 FR 13752 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

Science.gov (United States)

2013-02-28

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0013] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

77 FR 22631 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

Science.gov (United States)

2012-04-16

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0049] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

Decree-Law No. 199/88, 31 May 1988.

Science.gov (United States)

1988-01-01

This Decree-Law establishes criteria for the determination of final compensation for expropriation or nationalization of land or agricultural capital. The lack of legal definition of criteria for the determination of such final compensation was a gap in recent Portuguese legislation on land reform. Although the holdings of many landlords and farmers had been nationalized or expropriated after 11 March 1975, the compensation obtained prior to the enactment of this Decree-Law was provisional and reflected outdated values. This Decree-Law closes this gap by establishing the criteria for the determination of final compensation with adjusted value. Under it, any farmer whose land or capital has been nationalized or expropriated since March 1975 may apply for final compensation, from which shall be deducted the value of any provisional compensation previously obtained and any property previously devolved as a "right of reserve" pursuant to pertinent legislation (see Law No. 109/88 of 26 September 1988 and Decree No. 44/88 of 14 December 1988). The final compensation shall be determined by administrative procedure in which the Ministry of Agriculture, Fisheries, and Food; the Ministry of Finance; and the applicant are represented. full text

lawstat: An R Package for Law, Public Policy and Biostatistics

Directory of Open Access Journals (Sweden)

Wallace Hui

2008-01-01

Full Text Available We present a new R software package lawstat that contains statistical tests and procedures that are utilized in various litigations on securities law, antitrust law, equal employment and discrimination as well as in public policy and biostatistics. Along with the well known tests such as the Bartels test, runs test, tests of homogeneity of several sample proportions, the Brunner-Munzel tests, the Lorenz curve, the Cochran-Mantel-Haenszel test and others, the package contains new distribution-free robust tests for symmetry, robust tests for normality that are more sensitive to heavy-tailed departures, measures of relative variability, Levene-type tests against trends in variances etc. All implemented tests and methods are illustrated by simulations and real-life examples from legal cases, economics and biostatistics. Although the package is called lawstat, it presents implementation and discussion of statistical procedures and tests that are also employed in a variety of other applications, e.g., biostatistics, environmental studies, social sciences and others, in other words, all applications utilizing statistical data analysis. Hence, name of the package should not be considered as a restriction to legal statistics. The package will be useful to applied statisticians and "quantitatively alert practitioners" of other subjects as well as an asset in teaching statistical courses.

French law on Muslim veil wearing in public schools

Directory of Open Access Journals (Sweden)

Božić Marko

2012-01-01

Full Text Available Combining normative analysis of a legal text with a study of a wider social and historical context, this paper tries to prove that the French Law of 15th March 2004, which forbids displaying of religious symbols, and most of all, the Muslim veil in public schools, does not represent a continuation, but a break up with a liberal-democratic tradition of protection of religious rights of the Fifth Republic. The aforementioned legislation radically changes the idea of profane, which is, religiously neutral country, as there is a value itself that is being created out of laicité - an instrumental principle of protection of the freedom of religion, whose protection requires a limitation of the religious freedom. In order to understand the motives of the French legislator, it is necessary to accompany the normative analysis of laws with an observation of a wider social context in which the mentioned problem occurs. Therefore, this paper takes into account the need for a multidisciplinary approach, that is, the need to consider both the historical perspective and the social analysis of the context of the legal prohibition. We are of belief that from a methodological aspect this paper represents a contribution to those positions in legal science which insist on the necessity of studying a wider social background of normative solutions as a prerequisite for a successful analysis of a legal text.

African American and Latino Enrollment Trends among Medicine, Law, Business, and Public Affairs Graduate Programs

Science.gov (United States)

de la Garza, Rodolfo; Moghadam, Sepehr Hejazi

2008-01-01

The purpose of this Tomas Rivera Policy Institute (TRPI) report is twofold: to provide an analysis of the enrollment trends for African American and Latino students among graduate professional programs in the fields of medicine, business, law, and public affairs, and to present other relevant data pertaining to African American and Latino students…

Unjust enrichment in business law

OpenAIRE

Vydrová, Zuzana

2016-01-01

This thesis analyses the concept of unjust enrichment under the business law. First of all the thesis explains the term of business law. Business law is a complex of legal rules concerning the contractual relationships between entrepreneurs arising from their business activities. Business law is a comprehensive field of law which extends into many other fields of law, both private and public law. Equally the regulation of unjust enrichment within the business law expands into many other laws ...

77 FR 77005 - Subsistence Management Program for Public Lands in Alaska; Rural Determination Process

Science.gov (United States)

2012-12-31

...-R7-SM-2012-N248;FXFR13350700640-134-FF07J00000] Subsistence Management Program for Public Lands in Alaska; Rural Determination Process AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service... the Interior initiated a review of the Federal Subsistence Management Program. An ensuing directive...

Considerations regarding the unconstitutionality of articles 55¹ and 99¹ of the law on local public administration

Directory of Open Access Journals (Sweden)

Mihai Cristian Apostolache

2017-06-01

Full Text Available Since its entry into force and to date, Law no. 215/2001 on local public administration has undergone many amendments and completions. One of the questionable additions to this act is done by GEO (OUG no. 41/2015, a regulation which brought two new articles to the body of the framework-law on local public administration, i.e. Article 55¹ and Article 99¹. These two articles regulate a unique way of establishing the local or county council, namely by reconstituting these autonomous collegial bodies. This article examines the legislative intervention made by GEO no. 41/2015 and highlights the unconstitutionality aspects of this legislative intervention, recommending the legislature to urgently repeal the regulations governing the reconstitution of the local and county councils.

Problems of administration of ACCOUNTING OF QUALITY OF LANDs in system of state land of Ukraine

Directory of Open Access Journals (Sweden)

Tykhenko O.V.

2016-08-01

Full Text Available Conditions of land resources of Ukraine and quality of soil getting worse, increasing areas of technogenic pollution. Uncontrolled land use leads to deterioration of soil fertility. To maintain a high level of natural properties of lands is necessary to monitor over their use, which can be achieved by accounting of land quality. Information about the quantity and quality of lands summarizing by the central executive authority that implements the state policy in the sphere of land relations. Summarized information on the quantity and quality of land on gratis personnel provided to state authorities and local governments according to Order of conducting of State Land Cadastre. One of the main problems of accounting quality of lands is in Ukraine now is not only the absence of regulatory documents, but also the reliability of available information According to it’s providing is necessary of availability of actual information about the status of land resources. The absence of qualitative characteristics land plots in cadastral system complicates state control over land use and protection, because there are no grounds for levy fines for the catastrophic decline of soil fertility. One of the layers of Public Cadastral Map of Ukraine are soils. Nowadays is approved by the Cabinet of Ministers of Ukraine ( № 1051 nomenclature list of agro-industrial group of soils, which includes 222 of the agro groups with deciphering by granulometric composition. If with soil units identified, so the indicators that characterize them more difficult. That indicators, which were the basis for accounting of the quality of lands should check up to modern realities and condition of soils. According to the Law of Ukraine "On Land Protection", in the field of land protection and restoration of soil fertility establishes the following standards: maximum allowable soil contamination; qualitative condition of soils; the optimum ratio of lands; indicators of land and soils

78 FR 22281 - Notice of Intent To Collect Fees at the Henneberry House on Public Land in Beaverhead County...

Science.gov (United States)

2013-04-15

..., Montana AGENCY: Bureau of Land Management, Interior. ACTION: Notice of intent. SUMMARY: Pursuant to the... popular recreational activities that are available on the surrounding public lands, including fishing on... accordance with BLM recreation fee program policy, the Business Plan explains the fee collection process and...

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

Public investment does not crowd out private supply of environmental goods on private land.

Science.gov (United States)

Duncan, David H; Kyle, Garreth; Morris, William K; Smith, F Patrick

2014-04-01

In landscapes where private land tenure is prevalent, public funds for ecological landscape restoration are sometimes spent subsidising the revegetation of cleared land, and the protection of remnant vegetation from livestock. However, the total area treated may be unclear because such projects are not always recorded, and landholders may undertake similar activities without subsidisation. In the absence of empirical data, in the state of Victoria, Australia, a reporting assumption has been employed that suggests that wholly privately funded sites match publicly subsidised sites on a hectare for hectare basis (a so-called "x2" assumption). Conversely, the "crowding out" theory of investment in public goods such as environmental benefits suggests that public investment may supplant private motivation. Using aerial photography we mapped the extent of revegetation, native vegetation fencing and restoration on 71 representative landholdings in rural south-eastern Australia. We interviewed each landholder and recorded the age and funding model of each site. Contrary to the local "x2" reporting assumption, about 75% of the total area of the 412 sites was from subsidised sites, and that proportion was far higher for the period after 1997. However, rather than displacing unsubsidised activity, our modelling showed that landholders who had recently been subsidised for a project were more likely to have subsequently completed unsubsidised work. This indicates that, at least in terms of medium-term economic impact, the large increase in public subsidies did not diminish privately funded activity, as might be expected according to the theory of crowding out. Copyright © 2014 Elsevier Ltd. All rights reserved.