WorldWideScience

Sample records for relevant laws regulations

  1. 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

  2. EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

    Directory of Open Access Journals (Sweden)

    Radu-Daniel LOGHIN

    2014-06-01

    Full Text Available In respect to financial reporting, statutory accounting standards and regulations form only a part of the normative landscape. Considering the case of common law countries, besides these classic sources of norms and practices there is an alternative base for exercising the professional judgement of the accountant, the case law precedents which drive and supplement in cases accounting regulations. For the purpose of this paper, goodwill accounting is explored from a normative perspective which draws from case law precedents in Zimbabwe and South Africa, two emerging common law countries which share a rich common law heritage, resulting in a set of findings relevant to the understanding of the nature of goodwill as well as an understanding of the factors which lead to early adoption of International Accounting Standards.

  3. Information Sources on U. S. Radio Regulations in the Law Library.

    Science.gov (United States)

    Lockwood, James D.

    An annotated bibliography gives the radio regulations in the U.S., using sources available in the University of Michigan Law Library as well as the University of Michigan Libraries. Information is applicable to other law, university and public libraries. Relevant material on television regulations is included. Listings cover federal agencies, card…

  4. Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

    DEFF Research Database (Denmark)

    Clausen, Nis Jul

    2011-01-01

    The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

  5. EU Criminal Law and the Regulation of Information and Communication Technology

    Directory of Open Access Journals (Sweden)

    Sarah Summers

    2015-07-01

    Full Text Available The opportunities afforded by the global information space give rise to the potential for the commission of new crimes –crimes such as hacking or denial of service attacks– and for existing crimes, such as speech offences or fraud, to be committed in new ways and with potentially larger consequences. One of the biggest challenges for the regulation of information and communications technology is that the global information space does not respect national boundaries. In order to be successful, any regulatory approach will call for some degree of cooperation between countries. This poses an obvious problem for those seeking to develop a regulatory structure. This challenge is particularly relevant in the criminal law context, as the criminal law has traditionally been considered to be the product and responsibility of national law. This article considers the EU’s regulatory approach in this area. The aim here is not to offer a critique of the EU’s regulatory structure in the context of cybercrime, but rather to use the situation in the EU to illustrate various issues arising in the context of the criminal law regulation of information and communications technology. This article examines some of the issues which have arisen in the context of the regulation of cyber activity at the EU level as a result of this tension between national sovereignty and broader overarching EU regulation and assesses the relevance of these issues in the context of criminal law regulation more broadly. Consideration of the processes of criminalisation and harmonisation provides the basis for an analysis of the manner in which the EU seeks to justify its involvement in criminal law in this field.

  6. Relevance in print of law of administrative regulations according to paragraph 48 BImSchG in the licensing procedure

    International Nuclear Information System (INIS)

    Breuer, R.

    1978-01-01

    The author discusses in great detail the legal problem of administrative regulations according to paragraph 48 of the Bundes-Immissionsschutzgesetz, BImSchG (Federal Act for the prevention of immissions) and their relevance in point of law in licensing procedures. He very carefully and skilfully presents the different opinions stated in the precedents and by the body of doctrine and quite convincingly explains why he rejects the doctrine of allowing the administration some latitude in their judgement, and thus the doctrine of the defensible opinion with regard to the examination by the court of undefined legal terms. According to the auther's view, the administrative regulations should be regarded as anticipated expert opinions because of the way they are drawn up and because of the way the relevant committees setting up the rules are constituted, i.e. they can serve as a basis for judical decisions. In this connection the author points out that in any case it is left to the court's decisions whether a non-formal expert opinion is deemed to be sufficient, or whether the rules of procedure require a formal expert opinion. Furthermore, several ways of enhancing the binding effect of the administrative regulations pursuant to paragraph 48 of the BImSchG by means of legislatory measures are shown. (UN) [de

  7. Competition in energy markets - law and regulation in the European Union

    International Nuclear Information System (INIS)

    Cameron, Peter Duncanson; Brothwood, Michael

    2002-03-01

    Analysis of the origins, aims and implementation of the EU energy directives is essential to an understanding of the emerging internal market in energy in the European Union. This book provides a detailed and practical account of the legislation and the various developments in the Member States that are leading to a competitive energy market for the first time. It explains the legislation, EU case law and the relevant national laws, regulations and competence of the enforcing authorities. (Author)

  8. The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law; Das Recht der Umweltvertraeglichkeitspruefung. Bd. 1. Vorschriftensammlung mit Einfuehrung in das UVP-Recht

    Energy Technology Data Exchange (ETDEWEB)

    Peters, H.J.

    1995-12-31

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

  9. Regulating chemicals: law, science, and the unbearable burdens of regulation.

    Science.gov (United States)

    Silbergeld, Ellen K; Mandrioli, Daniele; Cranor, Carl F

    2015-03-18

    The challenges of regulating industrial chemicals remain unresolved in the United States. The Toxic Substances Control Act (TSCA) of 1976 was the first legislation to extend coverage to the regulation of industrial chemicals, both existing and newly registered. However, decisions related to both law and science that were made in passing this law inevitably rendered it ineffectual. Attempts to fix these shortcomings have not been successful. In light of the European Union's passage of innovative principles and requirements for chemical regulation, it is no longer possible to deny the opportunity and need for reform in US law and practice.

  10. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-02-01

    The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic; others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms

  11. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1990-06-01

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

  12. Bradford's Law and Its Relevance to Researchers

    Science.gov (United States)

    Shenton, Andrew K.; Hay-Gibson, Naomi V.

    2009-01-01

    Bradford's Law has been the subject of much discussion and analysis in library and information science since its formulation in the 1930s and remains frequently debated to this day. It has been applied to various practices within the discipline, especially with regard to collection development, but its relevance to researchers and the potential it…

  13. Radiation protection and the laws and regulations

    International Nuclear Information System (INIS)

    Takada, Takuo

    1980-01-01

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

  14. 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...

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

    International Nuclear Information System (INIS)

    1978-01-01

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

  16. The TEXTBOOK - Directives, Regulations, Case Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    The TEXTBOOK is a collection of carefully selected directives, regulations, and judgments. Whether you are a student, a scholar, or a practitioner of law, this book is a supplemental tool in your work with European business law. It is recommended that you have this book within your reach when you...

  17. 19 CFR 122.30 - Other Customs laws and regulations.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 1 2010-04-01 2010-04-01 false Other Customs laws and regulations. 122.30 Section 122.30 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY AIR COMMERCE REGULATIONS Private Aircraft § 122.30 Other Customs laws and regulations...

  18. The pricing relevance of insider information; Die Preiserheblichkeit von Insiderinformationen

    Energy Technology Data Exchange (ETDEWEB)

    Kruse, Dominik

    2011-07-01

    The publication attempts to describe the so far discussion concerning the feature of pricing relevance and to develop it further with the aid of new research approaches. First, a theoretical outline is presented of the elementary regulation problem of insider trading, its historical development, and the regulation goals of the WpHG. This is followed by an analysis of the concrete specifications of the law. In view of the exemplarity of US law, a country with long experience in regulation of the capital market, the materiality doctrine of US insider law is gone into in some detail. The goals and development of the doctrine are reviewed in the light of court rulings. The third part outlines the requirements of German law in order to forecast the pricing relevance of insider information, while the final part presents a critical review of the current regulations on pricing relevance. (orig./RHM)

  19. AGENCY CONTRACTS – EXISTING REGULATIONS IN ROMANIAN LAWS

    Directory of Open Access Journals (Sweden)

    Cristina Cojocaru

    2012-11-01

    Full Text Available Agency contracts are created as legal instruments with a highly important role for the business activity, given that they are the basis for professional intermediation. Regulations have changed in time, in an attempt to offer a better apprehension of the notion and applicability of this type of contract through the legislative framework. In Romanian law, this type of contract was regulated for the first time by Law no. 509 in 2002 on permanent commercial agents, law that was repealed when the new Civil Code came into force on October 1, 2011.

  20. Legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading

    International Nuclear Information System (INIS)

    Retsch, Alexander T.

    2014-01-01

    The thesis on legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading include the discussion of the following issues: market abuse, its forms of appearance (market manipulation, insider trade, insider information), electricity spot trading, relevant legislative frame, market abuse regulations (WpHG), interdiction of market manipulation and related regulations.

  1. An Introduction to the Law and Economics of Regulation

    NARCIS (Netherlands)

    A.M. Pacces (Alessio); R.J. van den Bergh (Roger)

    2011-01-01

    textabstractAbstract This chapter provides a general framework to analyze regulation with a law and economics approach. It introduces the volume “Regulation and Economics” of the second edition of the Encyclopedia of Law and Economics. This study intends to provide a state-of-the-art overview of

  2. 16 CFR 304.4 - Application of other law or regulation.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Application of other law or regulation. 304.4 Section 304.4 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS RULES AND REGULATIONS UNDER THE HOBBY PROTECTION ACT § 304.4 Application of other law or...

  3. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective

    Directory of Open Access Journals (Sweden)

    Bambang Sutrisno

    2016-06-01

    Full Text Available The Politics of Law holds responsibility to give the surety of all regulations, including Local Regulation, for capable of reflecting the collective will of the public as the owner of the highest sovereignty. Politics of law is always working to bring together the ius constituendum and ius constitutum  at the encounter between realism and idealism. Local Regulation as subsystems of national law, is expected to serve as a guiding instrument and guard direction for development and continuous improvement of Local Government. Therefore the existence of local regulations holds a strategic role for legal certainty, which is a necessary to create a conducive business climate and stability of the country. How To Cite: Sutrisno, B. (2016. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective. Rechtsidee, 3(1, 41-52. doi:http://dx.doi.org/10.21070/jihr.v3i1.131

  4. Concurring Regulation in European Forest Law; Forest Certification and the New EU Timber Regulation

    NARCIS (Netherlands)

    Kistenkas, F.H.

    2013-01-01

    Newly made EU Timber Regulation (EUTR) may prima facie look like competing regulation and an overlap of the existing forest certification schemes of FSC and PEFC as also EUTR combats illegally harvested timber. The novel EUTR, however, is a public law scheme wheras FSC and PEFC are private law

  5. EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

    OpenAIRE

    Radu-Daniel LOGHIN

    2014-01-01

    In respect to financial reporting, statutory accounting standards and regulations form only a part of the normative landscape. Considering the case of common law countries, besides these classic sources of norms and practices there is an alternative base for exercising the professional judgement of the accountant, the case law precedents which drive and supplement in cases accounting regulations. For the purpose of this paper, goodwill accounting is explored from a normative perspective which...

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

    African Journals Online (AJOL)

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

  7. 42 CFR 405.1063 - Applicability of laws, regulations and CMS Rulings.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Applicability of laws, regulations and CMS Rulings... Medicare Coverage Policies § 405.1063 Applicability of laws, regulations and CMS Rulings. (a) All laws and... the MAC. (b) CMS Rulings are published under the authority of the Administrator, CMS. Consistent with...

  8. 40 CFR 146.2 - Law authorizing these regulations.

    Science.gov (United States)

    2010-07-01

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

  9. 5 CFR 2636.302 - Relationship to other laws and regulations.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Relationship to other laws and... Employees § 2636.302 Relationship to other laws and regulations. The limitations and restrictions contained... applicable standards of conduct or by reason of any statute or regulation relating to conflicts of interest...

  10. Regulations relevant to the transport of radioactive materials in Switzerland

    International Nuclear Information System (INIS)

    Smith, L.

    1996-01-01

    As is the case in many countries, the transport of radioactive materials in Switzerland is primarily regulated by the national regulations for the transport of dangerous goods. Currently these regulations, in the case of radioactive material, incorporate the 1985 IAEA Safety Series 6 Regulations for the Safe Transport of Radioactive Material (As amended 1990). However, as is also the case in some other countries, consignors, shippers and carriers of radioactive materials must also comply with additional laws when shipping radioactive materials. The most important of these other laws and their accompanying regulations are those concerned with radiation protection (import, export and carriers licences) and nuclear power (import, export, inland transport and transit licences). This paper sets out to describe the collective requirements resulting from all three of these sets of regulations. (Author)

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

    International Nuclear Information System (INIS)

    Nicklisch, F.

    1984-01-01

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

  12. INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

    Directory of Open Access Journals (Sweden)

    Dhiana Puspitawati

    2015-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Mirosław Bączyk

    2015-06-01

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

  14. Collection of laws and ordinances concerning regulation of atomic energy, 1991 edition

    International Nuclear Information System (INIS)

    1990-01-01

    This is the collection of the laws and ordinances on the regulation of atomic energy, 1991 edition, published under the supervision of Nuclear Safety Bureau, Science and Technology Agency. First, the abbreviated indication of the laws and ordinances is shown. The contents are those as of September 30, 1990. 12 basic laws and ordinances, 45 laws and ordinances on the regulation of nuclear raw materials, nuclear fuel materials and nuclear reactors, 26 laws and ordinances on the prevention of the radiation injuries due to radioisotopes and others, and 29 related laws and ordinances are collected in this book. (K.I.)

  15. Relevance of collagen piezoelectricity to "Wolff's Law": a critical review.

    Science.gov (United States)

    Ahn, Andrew C; Grodzinsky, Alan J

    2009-09-01

    According to "Wolff's Law", bone is deposited and reinforced at areas of greatest stress. From a clinical perspective, this "law" is supported by the strong association between bone density and physical activity. From a mechanistic standpoint, however, the law presents a challenge to scientists seeking to understand how osteocytes and osteoblasts sense the mechanical load. In the 1960s, collagen piezoelectricity was invoked as a potential mechanism by which osteocytes could detect areas of greater stress but piezoelectricity diminished in importance as more compelling mechanisms, such as streaming potential, were identified. In addition, accumulating evidence for the role of fluid-related shear stress in osteocyte's mechanosensory function has made piezoelectricity seemingly more obsolete in bone physiology. This review critically evaluates the role of collagen piezoelectricity (if any) in Wolff's Law--specifically, the evidence regarding its involvement in strain-generated potentials, existing alternate mechanisms, the present understanding of bone mechanosensation, and whether piezoelectricity serves an influential role within the context of this newly proposed mechanism. In addition to reviewing the literature, this review generates several hypotheses and proposes future research to fully address the relevance of piezoelectricity in bone physiology.

  16. 42 CFR 423.2063 - Applicability of laws, regulations and CMS Rulings.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Applicability of laws, regulations and CMS Rulings..., ALJ Hearings, MAC review, and Judicial Review § 423.2063 Applicability of laws, regulations and CMS... on ALJs and the MAC. (b) CMS Rulings are published under the authority of the CMS Administrator...

  17. Right, laws, regulations and technical building systems; Recht, Gesetze, Verordnungen und Technische Gebaeudesysteme

    Energy Technology Data Exchange (ETDEWEB)

    Kranz, H.R. [Siemens AG, Karlsruhe (Germany)

    1995-12-31

    Chapter 23 of the anthology about building control gives an overview of the laws and regulations in the field of technical building systems. The following fields are discussed: license regulations in the field of building trade, communication law, environmental responsibility law, building right, European directives, laws and regulations of the Federal Government and the Laender. (BWI) [Deutsch] Kapitel 23 des Sammelbandes ueber Building Control gibt einen Ueberblick ueber Recht, Gesetze und Verordnungen im Bereich der Technischen Gebaeudesysteme. In diesem Zusammenhang kommen folgende Bereiche in Frage: Lizenzrecht im Bauwesen; Fernmelderecht; Umwelthaftungsgesetz; Baurecht; Europaeische Richtlinien; Gesetze und Verordnungen des Bundes und der Laender. (BWI)

  18. On the significance of the employee status and of the personal scope of labour law regulation

    Directory of Open Access Journals (Sweden)

    Jakab Nóra I.

    2016-01-01

    Full Text Available The essay focuses on the relevance of the labour law regulation's personal scope, what the holistic approach of employee status and its social part mean. There have been discussions in the European Union to which circle of working people shall the protection system of labour law apply, and how the security of employees can be guaranteed under the pressure of flexibility. The debates have been inspired by a changed economic and social environment in the XXth centrury. The essay presents the influence of the changing economic and social environment in the concept of employee status, and more closer in the Hungarian labour law regulation. The decision who is acknowledged to be an employee is made by the legislator. By making this decision the labour law regulation shows a tendency of withdrawal and moving forward in the last decades. The change of employment contract develops at the same time with the expansion of personal scope in Europe and shows a great variety. The legislation, judicial practice, legal practice and the collective bargaining influence the expansion of protection under labour law. The changes of personal scope in the Labour Code of 1992 and 2012 are presented, how it is extended and in which direction. The personal scope is also applied to link the public and private sector by finding a common focal point: the characteristics of employment. While coping with the employment relations on the labour market and trying to fit into the self-employed - employee-like person - employee categories, it is suggested to exceed the contractual framework by means of abstraction and using the concept of personal work relations. Employee status has social part; therefore the essay describes the social consequences of being employee and its relation to the employee status.

  19. State-wide Regulation of Smoking Law in Lagos state Nigeria?

    Directory of Open Access Journals (Sweden)

    Oluwakemi Ololade Odukoya

    2016-07-01

    Awareness of the State Regulation of smoking law was low however ,many of the workers support many aspects of the law. They however, believed the law would negatively impact revenue. Mechanisms to educate these workers and deal with their misconceptions of the perceived negative effects of the law should be implemented. Monitoring the awareness and support of these workers for smoke-free legislation is essential, in line with the guidelines for Article 8 of the WHO FCTC.

  20. [Protecting the labor rights of female nurses: an introduction to relevant laws and the challenges still ahead].

    Science.gov (United States)

    Chiu, Hui-Ju; Cheng, Su-Fen; Lee, Ya-Ling

    2015-02-01

    The Gender Equality in Employment Act was enacted to protect gender equality in the workplace. Increasingly tight controls over operating costs by employers and the increasingly heavy workloads of nurses pose major challenges to the labor rights of female nurses. This article introduces the labor rights of female nurses as stated in relevant laws and regulations such as the Gender Equality in Employment Act, the Labor Standards Act, the Labor Insurance Act, Regulations on Leave-Taking for Workers, Regulations on Implementing Unpaid Parental Leave for Raising Children Pension Act, and the Employment Insurance Act. In addition, this paper introduces three judicial decisions that highlight domestic judicial practice with regard to labor rights in nursing. It is hoped that nurses may gain a better understanding of their rights and challenges from these judicial decisions. Finally, this article makes recommendations to help nurses overcome the difficulties in implementing labor rights. It is hoped that this article helps increase the general awareness among nurses of their labor rights and encourages nurses to pursue and secure their rightful labor rights from their employer.

  1. 76 FR 74755 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2011-12-01

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations AGENCY: Office of Procurement and... Agriculture Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law... respects and follows the policies and laws regarding worker labor protections particularly as they [[Page...

  2. 77 FR 5750 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2012-02-06

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations; Withdrawal AGENCY: Office of... Agriculture Acquisition Regulation at subpart 422.70 entitled ``Labor Law Violations'' that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that...

  3. 76 FR 74722 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2011-12-01

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations AGENCY: Office of Procurement and... Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law Violations... objectives, this proposed rule adds a subpart and clause entitled Labor Law Violations to the Agriculture...

  4. Special feature article. Nuclear new age. Towards reform of laws and regulations

    International Nuclear Information System (INIS)

    Madarame, Haruki; Morokuzu, Muneo; Shiroyama, Hideaki; Nishiwaki, Yoshihiro; Marumo, Syunji; Suzuki, Takahiro; Hariyama, Hideo

    2007-01-01

    Since about half a century passes after the peaceful use of nuclear energy began in Japan, the safety laws and regulations of the nuclear energy becomes difficult to cope enough with the current situation without regulation structure changing. In March 2007, Tokyo University set up nuclear energy legislation study meeting' consisting of members from regulatory bodies, electric utilities, nuclear industries and others. The special feature introduces five opinions obtained through the argument in the meeting. As an example, Law for the Regulations of Nuclear Sources Material, Nuclear Fuel Material and Reactors is applied to basic design about the commercial reactors, but Electric Utilities Industry Law is applied to a detailed design, and different licensing standard is applied in each. Taking the adjustment of licensing standard with unifying these is necessary for efficiency. In addition, current law for the Regulations of Nuclear Sources Material, Nuclear Fuel Material and Reactors regulates according to the businesses such as reactor facilities, fuel fabrication plants and radioactive waste disposal. As for plural businesses, a low procedure and safety measures are demanded every each business. It is also necessary to include structure of the comprehensive licensing that assumed an enterprise running plural businesses. (T. Tanaka)

  5. Procedural problems in phase-out regulations in nuclear law

    International Nuclear Information System (INIS)

    Kloepfer, Michael

    2012-01-01

    The contribution discusses the legal regulations accompanying German nuclear policy during the past twelve years. There were several radical changes in 2002, 2010, and 2011 which reflect the opinions of the then German governments; some of these regulations, according to the author, were not compatible with German constitutional law.

  6. 19 CFR 122.2 - Other Customs laws and regulations.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 1 2010-04-01 2010-04-01 false Other Customs laws and regulations. 122.2 Section 122.2 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY AIR COMMERCE REGULATIONS General Definitions and Provisions § 122.2 Other Customs...

  7. The purpose of uniform choice-of law rules: the Rome II Regulation

    NARCIS (Netherlands)

    de Boer, T.M.

    2009-01-01

    The year 2009 marks the entry into force of the first two EC regulations on choice of law: one on torts and other non-contractual obligations (‘Rome II’), and one on contracts (‘Rome I’). In both regulations, the need for uniform choice-of-law rules is explained, generally, in the preamble. In ‘Rome

  8. Vessel Sewage Discharges: Statutes, Regulations, and Related Laws and Treaties

    Science.gov (United States)

    Vessel sewage discharges can be regulated under multiple statutes, regulations, and laws/treaties, including the Clean Water Act, Title XIV, MARPOL Annex IV and the Vessel General Permit. This page describes how these are applied to vessel sewage.

  9. Collection of laws and ordinances concerning regulation of atomic energy, 1989 edition. 1989 ed.

    International Nuclear Information System (INIS)

    1989-01-01

    The collection of the laws and ordinances concerning the regulation of atomic energy, 1989 edition, was published by the Nuclear Safety Bureau, Science and Technology Agency. First, the abbreviated expressions of 56 laws and ordinances are shown. The contents are divided into Part 1: Fundamental laws and ordinances, Part 2: Regulation of nuclear source materials, nuclear fuel materials and nuclear reactors, Part 3: Prevention of radiation injuries due to radioactive isotopes and others, and Part 4: Related laws and ordinances. In Part 1, Atomic Energy Fundamental Act, Act of Institution of Atomic Energy Commission and Nuclear Safety Commission of Japan, Law Concerning the Technical Standard for Prevention of Radiation Injuries and 9 others are included. In Part 2, Law Concerning Regulation of Nuclear Source Materials, Nuclear Fuel Materials and Nuclear Reactors and 45 others are included. In Part 3, Law Concerning Prevention of Radiation Injuries Due to Radioisotopes and Others and 25 others are included. In Part 4, Electricity Enterprises Act, Road Transport and Vehicles Act, Ships' Safety Law, Labor Safety and Hygiene Law, Japan Atomic Energy Research Institute Law and 29 others are included. The contents are those as of November 30, 1988. (Kako, I.)

  10. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-07-01

    The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary

  11. Law of the energy economy. A practical manual. 4. new rev. ed.

    International Nuclear Information System (INIS)

    Schneider, Jens-Peter; Theobald, Christian

    2013-01-01

    This manual presents the laws governing the electricity and gas markets, a field that has evolved at ever greater speed since the onset of liberalisation. Its content is of practical relevance and well-founded, yet nonetheless readily comprehensible to the layman. Following introductory sections on the technical and economic as well as national and European foundations of energy law are a wealth of contributions offering detailed analyses of the regulation of market structures; planning and licensing of energy infrastructure and energy installations; granting of municipal concessions to energy supply companies; trade in energy and emission permits as well as grid operation and grid utilisation; energy regulatory authorities and procedures; promotion of renewable energy, cogeneration and energy saving. The manual consistently takes account of the relevant regulations of cartel, municipal, environmental, tax, contractual and financial market law. Links to energy law proper are duly covered wherever practically relevant. The following legislation in particular has been incorporated in this new edition: 2011 amendment to the Energy Economy Law (unbundling, transmission system operator, grid development plans, modernisation in metrology, new consumer rights); 2012 amendment to the Nuclear Energy Law; Grid Expansion Acceleration and Transmission System Law of 2011 (NABEG); Renewable Energy Law of 2012; and Cogeneration Law of 2012.

  12. The Improvement Plan on Unifying from Law and Regulations Related to Radiation

    International Nuclear Information System (INIS)

    Jeong, Dong Kyong; Lee, Jong Back; Park, Myung Hwan

    2006-01-01

    This is for the purpose to help the bill related to technologists be systematic and unitary by carefully analyzing a legislation, an enforcement ordinance, and enforcement regulations in the connection with the radiological worker and the radiation workers from the law and regulations related to technologists. Concerning technologists, a legislation, an enforcement ordinance, and enforcement regulations for a sort of medical technician, regarding the radiological worker, the rules of diagnosis radiation equipment safety management, and concerning the radiation workers, atomic energy law, an enforcement ordinance and enforcement regulations were gathered, compared with one another, and analyzed. Among technologists, in the case of working in the department of diagnosis radiation, the title 'Radiological Worker' is used by the Medical Service Law, and in the case of working in the department of radiation tumors or the one of nucleus medicine, the title 'Radiation Workers' is used by the Atomic Energy Law. Besides the technical term that is used by characteristic tasks, unification of the terms that can be used in common is necessary for sure. And when a legislation, an enforcement ordinance, enforcement regulations, and notification, things like that in the radiation field are amended, certainly they should be done by mutual agreement through negotiation between the organization related to radiation and the governmental organization.

  13. Present problems with atomic energy laws and regulations. 2. ed.

    International Nuclear Information System (INIS)

    Bluemel, W.

    1993-01-01

    The report includes two speeches held by the author on the 3rd Japanese-German Atomic Law Symposion in Tokio on 5-7 Oct. 1992. The titles are: 1) Recent developments in the German Laws and regulations ruling atomic energy; 2) Legal aspects of stopping and eliminating nuclear plants in Germany. Both speeches were translated into Japanese. (HP) [de

  14. SHELL DISEASES AND TOXINS REGULATED BY LAW

    Directory of Open Access Journals (Sweden)

    Natalija Topić Popović

    1999-06-01

    Full Text Available There is a long tradition of cultivating shells in Croatia, and the shell industry has a good perspective of further development. Since shells are delicate organisms that require special breeding conditions and climate, they are also subject to many diseases. Bonamiosis, haplospioridiosis, marteiliosis, microcytosis and perkinsosis are stated by the International Bureau for Epizootics as shell diseases that, in keeping with law, must be reported, and iridovirosis as a disease of a potential international importance. The same diseases are regulated by the Veterinary Law from 1997 as infectious diseases prevention of which is of an interest for the Republic of Croatia. Although, according to the law, it does not have to be prevented, in this article the disease Mytilicola is also described. According to the Health Department Statute from 1994, eatable part of shells are being tested for toxins of some marine dinoflagelates that can damage human health, and these are PSP (Paralytic Shellfish Poison, DSP (Diarrhoeic Shellfish Poison and NSP (Neuroparalytic Shellfish Poison.

  15. Legal basis of energy economy. Collection of important laws and regulations of the amended power economy law. 7. ed.; Rechtsgrundlagen der Energiewirtschaft. Sammlung wichtiger Gesetze und Vorschriften zum novellierten Energiewirtschaftsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Herrmann, B.J.; Schweers, E.

    2007-07-01

    The book under consideration is an actual collection of important laws and regulations according to the amended power economy law. It is the 7th edition and contains components of the European and national cartel law. Furthermore, the power economy law, the regulations of mains access, and the regulations of mains fee are revised editorial. The book consist of four main chapters: (a) General energy law; (b) Bylaws to energy economical laws; (c) Law of privileged energy supports; (d) cartel law.

  16. Networks, complexity and internet regulation scale-free law

    OpenAIRE

    Guadamuz, Andres

    2013-01-01

    This book, then, starts with a general statement: that regulators should try, wherever possible, to use the physical methodological tools presently available in order to draft better legislation. While such an assertion may be applied to the law in general, this work will concentrate on the much narrower area of Internet regulation and the science of complex networks The Internet is the subject of this book not only because it is my main area of research, but also because –without...

  17. The importance of product definitions in US e-cigarette laws and regulations.

    Science.gov (United States)

    Lempert, Lauren K; Grana, Rachel; Glantz, Stanton A

    2016-04-01

    How electronic cigarettes and similar products (e-cigarettes) are defined affects how they are regulated, particularly whether existing laws for cigarettes apply, including sales and marketing, youth access, smoke-free and taxation laws. We examined the text of 46 bills that define e-cigarettes enacted in 40 states and characterised how e-cigarettes and similar products were defined. States enact laws creating new product categories for e-cigarettes separate from the 'tobacco product' category (eg, 'alternative nicotine product,' 'vapour product,' 'electronic nicotine device'), with four states explicitly excluding e-cigarettes from 'tobacco products.' Twenty-eight states do not include e-cigarettes in their definitions of 'tobacco products' or 'smoking,' eight include e-cigarettes as 'tobacco products,' three include e-cigarettes in 'smoking.' Sixteen states' definitions of e-cigarettes require nicotine, and five states pre-empt more stringent local laws. Tobacco and e-cigarette industry representatives tried to shape laws that benefit their interests. Definitions separating e-cigarettes from other tobacco products are common. Similar to past 'Trojan horse' policies, e-cigarette policies that initially appear to restrict sales (eg, limit youth access) may actually undermine regulation if they establish local pre-emption or create definitions that divide e-cigarettes from other tobacco products. Comparable issues are raised by the European Union Tobacco Products Directive and e-cigarette regulations in other countries. Policymakers should carefully draft legislation with definitions of e-cigarettes that broadly define the products, do not require nicotine or tobacco, do not pre-empt stronger regulations and explicitly include e-cigarettes in smoke-free and taxation laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

  18. Summary of the law relating to atomic energy and radioactive substances

    International Nuclear Information System (INIS)

    Sim, D.F.; Ritchie, K.J.S.

    1983-04-01

    Intended as a signpost to the relevant law no aspect is covered in detail but a full summary is given. For further details reference has to be made to Acts or regulations themselves. The summary covers the Common Law, the laws in force, regulations under the Factories Act 1961, regulations and orders relating to food and medicines, those concerned with the transport of radioactive materials, regulations under the Social Security Act 1975, Control of Import and Export, the Euratom treaty, important non-statutory codes of practice etc., international conventions, regulations etc. relating to the peaceful use of atomic energy and radioactive substances in which the UK is interested and finally, foreign legislation. The details have been revised as at 31 March 1983. (U.K.)

  19. Legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading; Marktmissbrauchsrechtliche Regelungen des WpHG und der REMIT-VO im Stromspothandel

    Energy Technology Data Exchange (ETDEWEB)

    Retsch, Alexander T.

    2014-07-01

    The thesis on legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading include the discussion of the following issues: market abuse, its forms of appearance (market manipulation, insider trade, insider information), electricity spot trading, relevant legislative frame, market abuse regulations (WpHG), interdiction of market manipulation and related regulations.

  20. Regulating professional behavior: codes of ethics or law? Suggested criteria.

    Science.gov (United States)

    Libman, Liron A

    2013-09-01

    This paper suggests considering a few parameters when making policy decisions as to the proper "tool" to regulate professional behavior: law or professional ethics. This is done on the background of understanding the place of codes of professional ethics between "pure" ethics and law. Suggested criteria are then illustrated using a few examples. Further discourse may reveal additional factors to support a more rational process of decision-making in this field.

  1. Loopholes of laws and regulations related to redevelopment of former sites of radioactive material control area

    International Nuclear Information System (INIS)

    Akatsuka, Hiroshi

    2003-01-01

    We found loopholes of laws and regulations for supervising radioactive materials. It is not obliged to measure the soil radioactivity of the sites that were formerly used as scientific or engineering institutes, or hospitals with a radioactive material control area. If the former institutes or hospitals made studies with radioactive materials before the enforcement of the law concerning prevention from radiation hazards due to isotopes and its detailed regulations, it is concluded that there was the period when the radioactive materials were not under management. If it is found that the radioactive materials were applied at the former site before the enforcement of the related laws and regulations, the radioactivity in the soil of the redeveloped area should be examined, which should be obliged by some laws or regulations. (author)

  2. 77 FR 5714 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2012-02-06

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations; Withdrawal AGENCY: Office of... 422.70 entitled ``Labor Law Violations'' that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that, to the best of its knowledge...

  3. Law of the energy economy. A practical manual. 4. new rev. ed.; Recht der Energiewirtschaft. Praxishandbuch

    Energy Technology Data Exchange (ETDEWEB)

    Schneider, Jens-Peter [Freiburg Univ. (Germany); Theobald, Christian (ed.)

    2013-07-01

    This manual presents the laws governing the electricity and gas markets, a field that has evolved at ever greater speed since the onset of liberalisation. Its content is of practical relevance and well-founded, yet nonetheless readily comprehensible to the layman. Following introductory sections on the technical and economic as well as national and European foundations of energy law are a wealth of contributions offering detailed analyses of the regulation of market structures; planning and licensing of energy infrastructure and energy installations; granting of municipal concessions to energy supply companies; trade in energy and emission permits as well as grid operation and grid utilisation; energy regulatory authorities and procedures; promotion of renewable energy, cogeneration and energy saving. The manual consistently takes account of the relevant regulations of cartel, municipal, environmental, tax, contractual and financial market law. Links to energy law proper are duly covered wherever practically relevant. The following legislation in particular has been incorporated in this new edition: 2011 amendment to the Energy Economy Law (unbundling, transmission system operator, grid development plans, modernisation in metrology, new consumer rights); 2012 amendment to the Nuclear Energy Law; Grid Expansion Acceleration and Transmission System Law of 2011 (NABEG); Renewable Energy Law of 2012; and Cogeneration Law of 2012.

  4. The Law Applicable to Contractual Obligations: The Rome I Regulation in Comparative Perspective

    OpenAIRE

    De Miguel Asensio, Pedro Alberto

    2014-01-01

    The Law Applicable to Contractual Obligations: The Rome I Regulation in Comparative Perspective I. Introduction II. Party Autonomy III. Applicable Law in the Absence of Choice IV. Protection of Weaker Parties V. Overriding Mandatory Rules and Public Policy

  5. Impact of California firearms sales laws and dealer regulations on the illegal diversion of guns.

    Science.gov (United States)

    Pierce, Glenn L; Braga, Anthony A; Wintemute, Garen J

    2015-06-01

    The available evidence suggests that more restrictive state firearm sales laws can reduce criminal access to guns. California has firearm-related laws that are more stringent than many other states and regulates its retail firearms dealers to a unique degree. This research seeks to examine the effect of more restrictive state gun laws and regulations on the illegal diversion of guns to criminals. Survival analyses are used to determine whether state firearm sales laws, particularly California's legal context and regulatory regime, impact the distribution of time-to-crime of recovered firearms in that state relative to other US states. USA. 225,392 traced firearms, where the first retail purchasers and the gun possessors were different individuals, recovered by law enforcement agencies between 2003 and 2006. The increased stringency of state-level firearms laws and regulations leads to consistently older firearms being recovered. California was associated with the oldest recovered crime guns compared with guns associated with other states. These patterns persisted regardless of whether firearms were first purchased within the recovery state or in another state. These findings suggest that more restrictive gun sales laws and gun dealer regulations do make it more difficult for criminals to acquire new guns first purchased at retail outlets. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  6. California's privacy pileup. New state laws meet even newer federal regulations.

    Science.gov (United States)

    Dimick, Chris

    2009-08-01

    In California, teasing apart state and federal breach notification laws highlights the challenges organizations everywhere face in determining their responsibilities under ARRA's new privacy regulations.

  7. International Investment Law and EU Law

    DEFF Research Database (Denmark)

    regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

  8. 42 CFR 9.13 - Other federal laws, regulations, and statutes that apply to the sanctuary.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Other federal laws, regulations, and statutes that apply to the sanctuary. 9.13 Section 9.13 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND... SANCTUARY SYSTEM § 9.13 Other federal laws, regulations, and statutes that apply to the sanctuary. (a...

  9. The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: The European Private International Law Tradition Continued. : Introductory Observations, Scope, System, and General Rules

    NARCIS (Netherlands)

    X.E. Kramer (Xandra)

    2008-01-01

    textabstractThe establishment of Regulation No 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II) is a landmark for European Private International Law. The regulation of torts in the European Union has a history of forty years, starting with the preparation of the Rome

  10. Nuclear Law Bulletin No. 92 - Volume 2013/2

    International Nuclear Information System (INIS)

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

    2013-01-01

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

  11. Nuclear Energy Law and Arbo Law/Safety Law

    International Nuclear Information System (INIS)

    Eijnde, J.G. van den

    1986-01-01

    The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

  12. The regulation of Christian churches: Ecclesiology, law and polity

    Directory of Open Access Journals (Sweden)

    Mark Hill QC

    2016-11-01

    Full Text Available This article examines the internal regulation of religious organisations in terms of their law, order or polity. It offers a systematic comparative analysis of how different Christian traditions structure and regulate themselves. The resultant legal frameworks are expressive of the institutional self-understanding of particular churches and, as such, are a form of applied ecclesiology. The paper draws upon two ongoing research studies: the Colloquium of Anglican and Roman Catholic Canon Lawyers and the Christian Law Panel of Experts, the latter having submitted a detailed submission to the World Council of Churches’ Faith and Order Commission giving a legal critique of its recent document ‘Towards a Common Vision’. Through a detailed methodical and comparative analysis of the various structural and regulatory formulae adopted by the different branches of the Christian family, profound similarities are discernible that are redolent with deeper theological significance. This research represents an emergent platform capable of being utilised within the ecumenical endeavour to give traction in the movement towards greater visible unity in the 21st century.

  13. Basic characteristics of the pollution laws and pollution regulations of the German Democratic Republic

    Energy Technology Data Exchange (ETDEWEB)

    Lammich, S

    1987-02-02

    The paper abstracted informs about the basic principles characterizing the pollution laws and pollution regulations of the German Democratic Republic. The author deals with the constitutional principles, the National Culture Law valid since 1970 and conceived as a general pollution law, the planning of pollution abatement, legal aspects of water pollution abatement, air pollution abatement, waste management, noise pollution abatement and radiation protection. Particular emphasis is on the legal sanctions devised to ensure the observance of environmental laws and restrictions which are both part of the administrative, civil and economic laws and of the disciplinary and criminal laws. (HSCH).

  14. Suicide Rates and State Laws Regulating Access and Exposure to Handguns.

    Science.gov (United States)

    Anestis, Michael D; Anestis, Joye C

    2015-10-01

    Using previous research, we examined the impact of 4 handgun laws (waiting periods, universal background checks, gun locks, and open carrying regulations) on suicide rates. We used publicly available databases to collect information on statewide laws, suicide rates, and demographic characteristics for 2013. Each law was associated with significantly lower firearm suicide rates and the proportion of suicides resulting from firearms. In addition, each law, except for that which required a waiting period, was associated with a lower overall suicide rate. Follow-up analyses showed a significant indirect effect on overall suicide rates through the proportion of suicides by firearms, indicating that the reduced overall suicide rate was attributable to fewer suicide attempts, fewer handguns in the home, suicide attempts using less lethal means, or a combination of these factors. States that implemented any of these laws saw a decreased suicide rate in subsequent years, whereas the only state that repealed 1 of these laws saw an increased suicide rate. Our results were supportive of a potentially vital role in suicide prevention for state legislation that limits access and exposure to handguns.

  15. On the quality of regulating impact of labor law in Russia

    Directory of Open Access Journals (Sweden)

    Yuliya O. Almayeva

    2015-12-01

    Full Text Available Objective to prove that the development of the legislation quality theory in labor law is of great practical importance. Methods the methodological basis of research is universal dialectic method of cognition as well as other general theoretical methods. Taking into account the impossibility to research and solve problems through the use of exclusively legal matter the specific scientific methods were also widely used formallogical comparativelegal etc. Results basing on the analysis of scientific works on the topic it is concluded that the integral characteristics of the labour standards quality requires consideration of not only legal but also social political and moral points of view. With this approach it is logical to allocate not only legal but also sociopolitical and moral quality of the labour law. It is recognized that the existing theoretical legal works on the problem of labor laws quality do not allow to speak about creation of the quality concept development of the research methodology of labour quality standards. It is concluded that the quality of the regulatory impact of labour legislation in Russia is not always at the proper level. Moreover among the main reasons for the imperfection of the normative base regulating sociallabour relations it is necessary to allocate objective and subjective reasons and their quotsymbiosisquot. Scientific novelty it was found that the definition of the quality of the law regulating sociolabour relations should have an indication of properties of their components the content of legal norms which allow to establish whether a particular law is a quality one. Practical significance the theoretical principles formulated in the article can be used in scientific legislative and law enforcement activity educational process of higher vocational education institutions of the legal profile to improve the skills of practitioners and scientificpedagogical staff in the field of jurisprudence. nbsp

  16. Comparative Study Between The IAEA Model Regulations and The Egyptian Nuclear Law

    International Nuclear Information System (INIS)

    Abaza, A.; Hosni, M.

    2015-01-01

    This study deals with the security of radioactive sources due to its great importance, in order to provide the adequate security of these sources from the threat of theft, sabotage, illegal seizure through doing a comparison between the model regulations of the International Atomic Energy Agency (IAEA) (11) and the Egyptian law (No. 7/2010) that regulates nuclear and radiation activities and its executive regulations. The Egyptian legislator has put a chapter entitled n uclear security w ith the aim of organizing the security of nuclear materials. However, there was a review to some regulatory rules issued by the IAEA on the security of these sources which include the responsibilities of the licensee towards it. This chapter also, addressed the security culture through rehabilitation and training, in addition to the obligations of the competent authorities who is responsible for the process of issuing the license when full requirements are met. It has been shown that the Egyptian law and its executive regulations contained the rule that provides the necessary protection for these radioactive sources. Furthermore, more regulations are still needed to provide adequate security and more protection for the radioactive sources and its facilities

  17. The new Portuguese law on surrogacy - The story of how a promising law does not really regulate surrogacy arrangements.

    Science.gov (United States)

    Raposo, Vera Lúcia

    2017-09-01

    Since 2006, surrogacy arrangements have been expressly forbidden within the Portuguese legal order, in any one of its forms, and in some situations, it has even been criminalised. However, since August 2016, surrogacy has been allowed under certain restrictive scenarios, providing it follows several prerequisites. In spite of this progress, the 2016 amendment to the law has not been immune to criticism. One of its most debatable aspects is the lack of the surrogate's right to regret, although it is doubtful that surrogacy contracts will be enforced against a surrogate's wishes. But the weakest point of the new law is its failure to address some of the nuclear issues of surrogacy contracts, leaving solutions either to general contract law or to the clauses stipulated by the parties. Furthermore, it is unclear which clauses are allowed and which are forbidden under the law. This study describes the content of the new Portuguese surrogacy law, exposes its main fragilities and suggests solutions for matters not covered by the law. The conclusion is that a law full of promise fails regarding the issues it is supposed to regulate.

  18. 30 CFR 931.13 - Preemption of New Mexico laws and regulations.

    Science.gov (United States)

    2010-07-01

    ... following provisions of New Mexico law and regulation are hereby preempted and superseded as they may apply... Conservation Act (17-2-37 to 17-2-46 NMSA 1978) to the extent it is inconsistent with provisions of SMCRA...

  19. LAW ENFORCEMENT OF THE BANDUNG REGIONAL REGULATIONS ON THE ORDERLINESS, CLEANLINESS, AND THE BEAUTY

    Directory of Open Access Journals (Sweden)

    Yesmil Anwar

    2017-01-01

    Full Text Available The Number of sidewalk vendors in Bandung has reached 11,000 with no decline in growth according to the survey conducted by Indonesian University of Education/ Universitas Pendidikan Indonesia (UPI in collaboration with Badan Perencanaan dan Pembangunan Daerah (Bappeda or regional development planning agency Bandung. Sidewalk vendor is one of the main contributors to the dirtiness and traffic congestion in Bandung. Bandung has passed a Regional Regulation Numbered 3 and 5 about Cleanliness, Orderliness and the Beauty to prevent and to build the  sidewalk vendors. However, lack of legal awareness and law enforcement may constrain the effectiveness of the regulation. Those regulations are particularly Bandung Regional Regulation Numbered 4/ 2011 concerning sidewalk vendors in which imposing high fine sanction not only for the seller but also for the buyer to prevent them from violating those regulations. To analyze the the compliance level of society and the effectiveness of fine sanction for the violation of regulations, this research used juridical normative approach and comparative method by comparing the regulation in Bandung with other Regional regulations related to sidewalk vendors in other cities in Indonesia such as in Surakarta and Surabaya. This research found that the law enforcement to the violation of sidewalk vendors regulation in Bandung city is not optimum due to lack of awareness to obey the law. The criminal sanction such as fine and forced fees are not able to prevent the violation of sidewalk vendors regulations. This research suggest that The Regional government of Bandung City: (1 needs to find a right model to keep sidewalk vendors in order by looking at the characteristics of the society and its social culture; (2 needs to search for a way to increase society’s compliance to any policies made by the government; and (3 needs to revise the current regulation

  20. Prohibited Possessors and the Law: How Inmates in Los Angeles Jails Understand Firearm and Ammunition Regulations

    Directory of Open Access Journals (Sweden)

    Melissa Barragan

    2017-10-01

    Full Text Available Using data from 140 interviews with individuals detained in the Los Angeles County Jail system, this article examines what gun offenders know about gun and ammunition regulation in California. Though most respondents had a consistent, albeit general, understanding of the regulations limiting gun acquisition and possession, analysis suggests that their understanding of ammunition restrictions was more limited. Our sample’s awareness of firearms law is especially important to consider given that they are the very population targeted by firearms regulations and prohibitions at the local, state, and federal level. By examining what detained offenders know about firearms laws, we can better theorize about individual gaps in legal knowledge and the realistic expectations for how understanding of the law can affect behavior.

  1. A Story of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation and Fiduciary Law

    Directory of Open Access Journals (Sweden)

    Tamar Frankel

    2016-08-01

    Full Text Available How should banks be regulated to avoid their failure? Banks must control the risks they take with depositors' money. If depositors lose their trust in their banks, and demand their money, the banks will fail. This article describes three legal bank regulatory systems: Contract with depositors (U.S.; a mix of contract and trust law, but going towards trust (Japan and a full trust-fiduciary law regulating banks (Israel. The article concludes that bank regulation, which limits the banks' risks and conflicts of interest, helps create trustworthy banks that serve their country best.

  2. Cato Guldberg and Peter Waage, the history of the Law of Mass Action, and its relevance to clinical pharmacology.

    Science.gov (United States)

    Ferner, Robin E; Aronson, Jeffrey K

    2016-01-01

    We have traced the historical link between the Law of Mass Action and clinical pharmacology. The Law evolved from the work of the French chemist Claude Louis Berthollet, was first formulated by Cato Guldberg and Peter Waage in 1864 and later clarified by the Dutch chemist Jacobus van 't Hoff in 1877. It has profoundly influenced our qualitative and quantitative understanding of a number of physiological and pharmacological phenomena. According to the Law of Mass Action, the velocity of a chemical reaction depends on the concentrations of the reactants. At equilibrium the concentrations of the chemicals involved bear a constant relation to each other, described by the equilibrium constant, K. The Law of Mass Action is relevant to various physiological and pharmacological concepts, including concentration-effect curves, dose-response curves, and ligand-receptor binding curves, all of which are important in describing the pharmacological actions of medications, the Langmuir adsorption isotherm, which describes the binding of medications to proteins, activation curves for transmembrane ion transport, enzyme inhibition and the Henderson-Hasselbalch equation, which describes the relation between pH, as a measure of acidity and the concentrations of the contributory acids and bases. Guldberg and Waage recognized the importance of dynamic equilibrium, while others failed to do so. Their ideas, over 150 years old, are embedded in and still relevant to clinical pharmacology. Here we explain the ideas and in a subsequent paper show how they are relevant to understanding adverse drug reactions. © 2015 The British Pharmacological Society.

  3. 48 CFR 252.222-7004 - Compliance with Spanish social security laws and regulations.

    Science.gov (United States)

    2010-10-01

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

  4. Mapping medical marijuana: state laws regulating patients, product safety, supply chains and dispensaries, 2017.

    Science.gov (United States)

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

    2017-12-01

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

  5. Re-Engineering Biosafety Regulations In India: Towards a Critique of Policy, Law and Prescriptions

    Directory of Open Access Journals (Sweden)

    A. Damodaran

    2005-06-01

    Full Text Available This article surveys the structure and essence of India’s biosafety regulations from an evolutionary perspective. After detailing the processes associated with the biosafety law and guidelines in the country, this article looks critically at recent efforts to re-engineer the regulations. It is argued that India’s biosafety regulations should move towards a more inclusive approach, which will facilitate transparent and informed decision-making, based on stakeholder-convergence. It is also suggested that the entire spectrum of laws and regulations that have a direct or indirect bearing on biosafety in India, need to be explored so that greater coherence could be secured in the management of biotechnology products that are sensitive to the environment. Drawing from the experience of the Bt cotton case, the article advocates a greater role for civil society and grassroots organizations.

  6. Legal relevance of the purpose of contract in German law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2013-01-01

    Full Text Available Unlike the French Civil code, the German Civil code belongs to the group of so-called anti-causalistic codifications, since it explicitly does not govern the issue of purpose (cause of contract. Due to this very reason, the delineation between abstract and causal juridical acts gains special importance in German law. The German Civil Code governs a number of juridical acts and other acts of legal importance that are abstract in their nature. Among them the abstract nature of the promise to fulfill an obligation (Schuldversprechung and the acknowledgement of a debt (Schuldannerkennung is traditionally considered the most prominent. However, the relation to the purpose for which they are concluded is not entirely interrupted, since in the case of frustration of their purpose, any asset given to the other party is subject to restitution under the rules of unjustified enrichment. The fact that the issue of purpose of contract is not explicitly governed in the German Civil Code, does not lead to the conclusion, though, that it is legally irrelevant. It gains legal relevance in two different aspects: as a licit and as an illicit purpose. On the one hand, juridical acts concluded with the aim to achieve illicit purposes are considered void, for which the Code's sections on the general confines of the principle of freedom of contract serve the statutory basis - such juridical acts infringe the institution of 'good customs' (gute Sitten, usually referred to as public policy, while the performance of other factual or legal acts in order to achieve illicit purposes are sanctioned under the rules of unjustified enrichment. On the other hand, lawful purposes of the parties gain legal relevance in relation to a range of various institutions. Concerning some of them the Code itself contains formulations implying the necessity to ascertain the purpose of contract, while in other cases the case law and the doctrine have come to such conclusion. The determination

  7. Standard contract terms regulation in the proposal for a common European sales law

    NARCIS (Netherlands)

    Loos, M.B.M.

    2012-01-01

    In this paper, the regulation in standard contract terms in the proposal for a Commono European Sales Law (CESL) is compared with the regulation in the Unfair Terms Directive, the Draft Common Frame of Reference (DCFR) and the Vienna Sales Convention (CISG). The paper starts with an overview of the

  8. Economic analysis of a Japanese air pollution regulation : an optimal retirement problem under vehicle type regulation in the NOx-particulate matter law

    Science.gov (United States)

    2008-06-01

    This paper empirically examines the vehicle type regulation that was introduced under the : Automobile Nitrogen OxidesParticulate Matter Law to mitigate air pollution problems in Japanese metropolitan areas. The vehicle type regulation effectively...

  9. Economic analysis of Japanese air pollution regulation : an optimal retirement problem under the vehicle type regulation in the NOx-particulate matter law

    Science.gov (United States)

    2009-05-01

    This paper examines the vehicle type regulation that was introduced under the Automobile : Nitrogen OxidesParticulate Matter Law to mitigate air pollution in Japanese metropolitan : areas. The vehicle type regulation effectively sets the timing fo...

  10. Whistleblowing in the Slovak labor law regulation

    Directory of Open Access Journals (Sweden)

    Daniel Krošlák

    2015-12-01

    Full Text Available Corrupt behaviour is a common practice with negative effects on the whole of society. For instance, if a company wins a public procurement contract in an unfair way, it enriches itself not only at the expense of competition, but also at the expense of the whole of society, as the best applicant has not necessarily been selected within such a procurement. The same applies in the case of a supplier launching an unsafe product onto the market, threatening the health of everyone who buys it. In order to prevent such malpractice and eliminate their negative effects, the cooperation of persons aware of such behaviours is necessary. In order to ensure such cooperation, however, the existence of instruments protecting whistle-blowers against various sanctions (especially by employers is necessary. As Slovak legislation did not include a regulation of procedures for reporting malpractice and protecting whistle-blowers, a new law aimed at solving such issues was enacted in October, 2014. The given legal regulation took effect on January 1, 2015. This paper endeavours to provide basic knowledge of the environment that the given regulation entered, as well as information on the possibilities of individuals to protect social interests on its grounds.

  11. Federalism and managed care: introductory comments to the American Association of Law Schools' Section on Law, Medicine and Health Care on the role of the states in managed care regulation.

    Science.gov (United States)

    Blum, J D

    1999-01-01

    This section of the Annals of Health Law represents a compilation of materials concerning the state regulation of managed care. The following materials were first presented at the annual meeting of the American Association of Law Schools ("AALS"), Section on Law, Medicine and Health Care in January 1999. Chairman John Blum introduces the subject and questions the dual role assumed by state and federal authorities in regulating managed care.

  12. 25 CFR 900.50 - What Federal laws, regulations, and Executive Orders apply to subcontractors?

    Science.gov (United States)

    2010-04-01

    ... SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Standards for Tribal or Tribal Organization Management..., regulations, and Executive Orders apply to subcontracts awarded under self-determination contracts. As a... 25 Indians 2 2010-04-01 2010-04-01 false What Federal laws, regulations, and Executive Orders...

  13. An Approach to Regulation on Financial Derivatives in the Spanish Law

    Directory of Open Access Journals (Sweden)

    Pablo Sanz Bayón

    2013-07-01

    Full Text Available This review examines the major reforms implemented in the regulations governing the trading of financial derivatives in Spain. This new regulation is intended to harmonize the treatment of derivative products with the legal standards of international markets in the European area as well as improving their competitiveness by enhancing the trading of new products and business lines in the Spanish markets while reducing the systemic risk associated to the clearing and settlement of derivatives contracts. Including measures regarding the conversion of OTC derivatives into assets quoted on organized markets into Spanish law has made an important contribution to a better regulation, security and transparency of the financial system.

  14. Privileging (some forms of) Interdisciplinarity and Interpretation : Methods in Comparative Law

    NARCIS (Netherlands)

    Roy, Surya

    How should comparative law scholars engage with other disciplines? Which social sciences are relevant for the purpose of comparison? Such questions are important for the process of comparison, as disciplinary self-regulation (and interaction between disciplines) is not a neutral and objective

  15. A baseline understanding of state laws governing e-cigarettes.

    Science.gov (United States)

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

    2014-07-01

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

  16. Early experience with 'new federalism' in health insurance regulation.

    Science.gov (United States)

    Pollitz, K; Tapay, N; Hadley, E; Specht, J

    2000-01-01

    The authors monitored the implementation of the Health Insurance Portability and Accountability Act (HIPAA) from 1997 to 1999. Regulators in all states and relevant federal agencies were interviewed and applicable laws and regulations studied. The authors found that HIPAA changed legal protections for consumers' health coverage in several ways. They examine how the process of regulating such coverage was affected at the state and federal levels and under an emerging partnership of the two. Despite some early implementation challenges, HIPAA's successes have been significant, although limited by the law's incremental nature.

  17. Theories of cause (consideration of contract in the Serbian doctrine of civil law after the adoption of the Law on Obligations

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2012-01-01

    Full Text Available The adoption of the Law on Obligations in 1978 can certainly be considered as an event of watershed importance in respect to the analysis of various theoretical points of view on the notion of cause (consideration of contract in the Serbian literature. The fact that it had not been explicitly regulated in Serbian positive law until the adoption of Law had a profound impact on the evolution of doctrine in this period. The range of differing theoretical points of view was very wide, covering essentially all the relevant streams in the doctrine of cause, from the ones accepting it (so-called causalistic theories, through the ones explaining it solely by the notion of exchange of assets (so-called economic theories, to the ones denying its legal significance in any sense (so called anticausalistic theories. The most distinguished authorities in Serbian literature of contract law, who studied the notion of cause of contract in the period until the promulgation of the Law, were Dragoljub Aranđelović, Živojin Perić, Lazar Marković, Andrija Gams, Stevan Jakšić, Vladimir Kapor and Mihailo Konstantinović. The Law on Obligations explicitly regulates the notion of cause of contract as one of the preconditions of validity and effect of a contract, which had a substantial impact on the evolution of doctrine. On the one hand, being an institution of positive law, there is hardly an author who had not devoted some attention to the notion of cause of contract. In this paper the author analyzes the points of view of Stojan Cigoj, Ljubiša Milošević, Živomir Đorđević, Boris Vizner, Martin Vedriš, Želimir Šmalcelj, Jakov Radišić, Slobodan Perović, Jožef Salma and Oliver Antić. On the other hand, the scope of various, often conflicting, theories on cause of contract in Serbian literature shrank. One can recognize a tendency of abandonment of points of view disavowing any legal relevance of cause of contract and the majority of contemporary

  18. Legislation on and regulation of nuclear activities

    International Nuclear Information System (INIS)

    1984-05-01

    This work is a compilation of legislative texts and regulations published by the Atomic Energy Commission's Legal Affairs Department (CEA). It provides a comprehensive source of knowledge and information on nuclear energy law. Legislative texts published over the last forty years, are collected and analytically indexed. The publication covers both French regulations and regulations of international organisations such as the International Atomic Energy Agency and Euratom. It is divided into eight different chapters, dealing with regulations relevant to international and national institutions, nuclear installations, third party liability, protection of persons and the environment, etc. A chronological table of the texts of international and national laws is also included in this work. (NEA) [fr

  19. Subsidy regulation in WTO Law : Some implications for fossil fuels and renewable energy

    NARCIS (Netherlands)

    Marhold, Anna

    2016-01-01

    This contribution discusses WTO subsidies disciplines in the context of the energy sector. After laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies on clean

  20. Considerations on Law no. 78/2014 regarding the Regulation of the Volunteering Activity in Romania

    Directory of Open Access Journals (Sweden)

    Tache BOCĂNIALĂ

    2014-08-01

    Full Text Available In this paper we aim at highlighting the progress in the regulation of volunteering activity in Romania through the recent adoption by the Parliament of the Law no. 78/2014 on the regulation of volunteering in Romania. The new legislative act, which replaced Volunteering Law no. 195 / 2001 (republished tries and we believe that it actually succeeds in providing consistent and harmonized solutions at European level to problems of organizations working with volunteers and thus creating a modern legal framework, appropriately adapted to the national and European context in the field of volunteering.

  1. The commercialization of human genetic information and related circumstances within Turkish law.

    Science.gov (United States)

    Memiş, Tekin

    2011-01-01

    Today, human genetic information is used for commercial purposes as well. This means, based on the case, the direct or indirect commercialization of genetic information. In this study, this specific issue is analyzed in light of the new legal regulations as to the subject in the Turkish Law. Specifically, this study focuses on the issue of whether the commercialization of genetic information is allowed under the Turkish Law. This study also attempts to clarify the issue of whether there is any limitations for the commercialization of genetic information in the Turkish Law provided that the commercialization of genetic information is permitted. Prior to this legal analysis, the problems of the legal ownership for genetic information and of whether genetic information should be considered as an organ of human body is discussed. Accordingly, relevant Turkish laws and regulations are individually analyzed within this context. In the mean time legal regulations of some countries in this respect are taken into account with a comparative approach. In the end a general evaluation and suggestions are provided to the reader.

  2. Counterproliferation, Border Security and Counterterrorism Subject-Related Laws and Regulations, Including Export Control Regimes in South-Eastern European Countries

    International Nuclear Information System (INIS)

    Bokan, S.

    2007-01-01

    gaps exist, much less fill them. All this suggests that, to fulfil obligations under UNSC Resolutions 1540 and 1373, States must enact harmonized criminal prohibitions and authorization for law enforcement cooperation in order to establish a seamless web of security among all nations. Failure to do so implicitly poses a threat to international peace and security. One of the main issues which deserve to be further addressed and which prompts the continuation of the Southeast Europe Counterproliferation, Borger Security and Counterterrorism (CBSC) Working Group is to harmonize national laws and regulations that deal with deterring, detecting and interdicting WMD. Inventory of relevant CBSC subject-related laws of the Southeast Europe countries, including Export Control Laws was created and prepared for further consideration and harmonization by judiciary experts, with the aim to develop m odel laws . Let me very briefly present you the main features of the SEDM CBSC subject-related laws and regulations. This paper will present that inventory which includes the membership in the international Conventions, Treaties and Arrangements and also the membership in Multilateral Export Control Regimes of Southeast Europe countries. Also, it will be presented the membership in the international legal instruments that play an integral part in the global fight against terrorism. (author)

  3. [Direct genetic manipulation and criminal code in Venezuela: absolute criminal law void?].

    Science.gov (United States)

    Cermeño Zambrano, Fernando G De J

    2002-01-01

    The judicial regulation of genetic biotechnology applied to the human genome is of big relevance currently in Venezuela due to the drafting of an innovative bioethical law in the country's parliament. This article will highlight the constitutional normative of Venezuela's 1999 Constitution regarding this subject, as it establishes the framework from which this matter will be legally regulated. The approach this article makes towards the genetic biotechnology applied to the human genome is made taking into account the Venezuelan penal law and by highlighting the violent genetic manipulations that have criminal relevance. The genetic biotechnology applied to the human genome has another important relevance as a consequence of the reformulation of the Venezuelan Penal Code discussed by the country's National Assembly. Therefore, a concise study of the country's penal code will be made in this article to better understand what judicial-penal properties have been protected by the Venezuelan penal legislation. This last step will enable us to identify the penal tools Venezuela counts on to face direct genetic manipulations. We will equally indicate the existing punitive loophole and that should be covered by the penal legislator. In conclusion, this essay concerns criminal policy, referred to the direct genetic manipulations on the human genome that haven't been typified in Venezuelan law, thus discovering a genetic biotechnology paradise.

  4. THE LAW ON EDUCATION OF 2012 AND DEVELOPMENT OF EDUCATIONAL LAW IN RUSSIA

    OpenAIRE

    KOZYRIN A.N.; TROSHKINA TATYANA

    2017-01-01

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

  5. 36 CFR 3.2 - Do other boating laws and regulations apply to me when I operate my boat on park waters?

    Science.gov (United States)

    2010-07-01

    ... regulations apply to me when I operate my boat on park waters? 3.2 Section 3.2 Parks, Forests, and Public... boating laws and regulations apply to me when I operate my boat on park waters? (a) In addition to the.... NPS applies the adopted laws and regulations to vessels and their operation on all waters (navigable...

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

    Directory of Open Access Journals (Sweden)

    Jian Yang

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

  7. 25 CFR 900.148 - How can an Indian tribe or tribal organization secure a determination that a law or regulation...

    Science.gov (United States)

    2010-04-01

    ... determination that a law or regulation has been superseded by the Indian Self-Determination Act, as specified in... SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Waiver Procedures § 900.148 How can an Indian tribe or tribal organization secure a determination that a law or regulation has been superseded by the Indian...

  8. By Law Established

    DEFF Research Database (Denmark)

    Christoffersen, Lisbet

    2017-01-01

    An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017......An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017...

  9. U.S. Laws and Regulations for Renewable Energy Grid Interconnections

    Energy Technology Data Exchange (ETDEWEB)

    Chernyakhovskiy, Ilya [National Renewable Energy Lab. (NREL), Golden, CO (United States); Tian, Tian [National Renewable Energy Lab. (NREL), Golden, CO (United States); McLaren, Joyce [National Renewable Energy Lab. (NREL), Golden, CO (United States); Miller, Mackay [National Renewable Energy Lab. (NREL), Golden, CO (United States); Geller, Nina [National Renewable Energy Lab. (NREL), Golden, CO (United States)

    2016-09-01

    Rapidly declining costs of wind and solar energy technologies, increasing concerns about the environmental and climate change impacts of fossil fuels, and sustained investment in renewable energy projects all point to a not-so-distant future in which renewable energy plays a pivotal role in the electric power system of the 21st century. In light of public pressures and market factors that hasten the transition towards a low-carbon system, power system planners and regulators are preparing to integrate higher levels of variable renewable generation into the grid. Updating the regulations that govern generator interconnections and operations is crucial to ensure system reliability while creating an enabling environment for renewable energy development. This report presents a chronological review of energy laws and regulations concerning grid interconnection procedures in the United States, highlighting the consequences of policies for renewable energy interconnections. Where appropriate, this report places interconnection policies and their impacts on renewable energy within the broader context of power market reform.

  10. [Forensic psychologist's considerations about the new law regulation in cases of sexual crimes].

    Science.gov (United States)

    Gierowski, Józef Krzysztof

    2012-01-01

    The article comments, from the perspective of a forensic psychologist, the changes which have been recently provided to the law regulations on sexual crime and the treatment of the sexual crime perpetrators. It appears that the new law regulations follow the right path, because they create the conditions for holistic and complex solutions in the sexual crime treatment matter. Unfortunately they are still rather incomplete and inconsistent. Their practical implementation is difficult because of the very demanding qualification criteria to the psychotherapy of sexual crime perpetrators, the existence of law criteria to the therapy, the narrow frame of the therapy goals and unclear rules of therapy constraint. Moreover, in Poland there is a lack of complex therapy models of sexual perpetrators, we have little experience in this kind of therapy and there is a deficiency of qualified specialists. Finally the relationship between the treatment of this kind of criminals in prison conditions and ambulatory therapy conditions isn't very clearly precise. On the other hand, a lot of improvements have been provided, such as: continuing the treatment after leaving prison, not only pharmacological treatment but also psychotherapy, the system of prevention. Despite of the strong attempts to promote the special role of pharmacological treatment of sexual crime perpetrators (,,chemical castration"), the new solutions promote a complex and interdisciplinary approach to this problem. In this article, the author described the current Polish experience in the therapy of sexual crime perpetrators and listed several rules of preparing the forensic-psychological expertise according to the described problem in context of new legal regulations.

  11. Energy law. The legal boundary conditions of power supply. 2. rev. ed.

    International Nuclear Information System (INIS)

    Stuhlmacher, Gerd; Stappert, Holger; Jansen, Guido

    2015-01-01

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

  12. Emergence of robust growth laws from optimal regulation of ribosome synthesis.

    Science.gov (United States)

    Scott, Matthew; Klumpp, Stefan; Mateescu, Eduard M; Hwa, Terence

    2014-08-22

    Bacteria must constantly adapt their growth to changes in nutrient availability; yet despite large-scale changes in protein expression associated with sensing, adaptation, and processing different environmental nutrients, simple growth laws connect the ribosome abundance and the growth rate. Here, we investigate the origin of these growth laws by analyzing the features of ribosomal regulation that coordinate proteome-wide expression changes with cell growth in a variety of nutrient conditions in the model organism Escherichia coli. We identify supply-driven feedforward activation of ribosomal protein synthesis as the key regulatory motif maximizing amino acid flux, and autonomously guiding a cell to achieve optimal growth in different environments. The growth laws emerge naturally from the robust regulatory strategy underlying growth rate control, irrespective of the details of the molecular implementation. The study highlights the interplay between phenomenological modeling and molecular mechanisms in uncovering fundamental operating constraints, with implications for endogenous and synthetic design of microorganisms. © 2014 The Authors. Published under the terms of the CC BY 4.0 license.

  13. State aid in the EU law and national law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2011-01-01

    Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

  14. Energy law. An anthology of the most important legislation and regulations. 9. new rev. ed.; Energierecht. Textsammlung der wichtigsten Rechtsvorschriften und Regelungen

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-07-01

    The book under consideration is a current anthology of the most important legislation and regulations on energy law and contains the energy economy law, competition law, general conditions of supply and the tax law.

  15. INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2014-06-01

    Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

  16. Making decisions about decision-making: conscience, regulation, and the law.

    Science.gov (United States)

    Miola, José

    2015-01-01

    The exercise of conscience can have far reaching effects. Poor behaviour can be fatal, as it has occurred in various medical scandals over the years. This article takes a wide definition of conscience as its starting point, and argues that the decision-making processes open to society--legal regulation and professional regulation--can serve to limit the options available to an individual and thus her ability to exercise her conscience. The article charts the law's changing attitude to legal intervention, which now seeks to limit the use of conscience by individuals, and addresses concerns that this may serve to 'de-moralise' medicine. It also examines the reasons for this legal change of approach. © The Author [2015]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  17. A study on the relevance and influence of the existing regulation and risk informed/performance based regulation

    Energy Technology Data Exchange (ETDEWEB)

    Cheong, B. J.; Koh, Y. J.; Kim, H. S.; Koh, S. H.; Kang, D. H.; Kang, T. W. [Cheju National Univ., Jeju (Korea, Republic of)

    2004-02-15

    The goal of this study is to estimate the Relevance and Influence of the Existing Regulation and the RI-PBR to the institutionalization of the regulatory system. This study reviews the current regulatory system and the status of the RI-PBR implementation of the US NRC and Korea based upon SECY Papers, Risk Informed Regulation Implementation Plan (RIRIP) of the US NRC and other domestic studies. Also the recent trends of the individual technologies regarding the RI-PBR and RIA are summarized.

  18. Lives saved by laws and regulations that resulted from the Bloomberg road safety program.

    Science.gov (United States)

    Miller, Ted R; Levy, David T; Swedler, David I

    2018-04-01

    To estimate lives saved during 2008-2023 by traffic safety laws passed in six developing countries while participating in the Bloomberg Road Safety Program (BRSP). BRSP-funded local staff identified relevant laws and described enforcement to the study team. We analyzed road crash death estimates for 2004-2013 from the Global Burden of Disease and projected estimates absent intervention forward to 2023. We amalgamated developing country and US literature to estimate crash death reductions by country resulting from laws governing drink driving, motorcycle helmets, safety belt use, and traffic fines. BRSP helped win approval of traffic safety laws in Brazil, China, Kenya, Mexico, Turkey, and Vietnam. In 2008-2013, those laws saved an estimated 19,000 lives. Many laws only took effect in 2014. The laws will save an estimated 90,000 lives in 2014-2023. Of the 109,000 lives saved, drink driving laws will account for 84%, increased motorcyclist protection for 13%, increased fines and penalty points for 2%, and safety belt usage mandates for 1%. Drink driving reductions in China will account for 56% of the savings and reduced drink driving and motorcycling deaths in Vietnam for 35%. The savings in China will result from a narrow intervention with just 4% estimated effectiveness against drink driving deaths. As a percentage of deaths anticipated without BRSP effort, the largest reductions will be 11% in Vietnam and 5% in Kenya. Viewed as a public health measure, improving traffic safety provided large health gains in developing nations. Copyright © 2018 Elsevier Ltd. All rights reserved.

  19. Health risk reduction programs in employer-sponsored health plans: Part II-law and ethics.

    Science.gov (United States)

    Rothstein, Mark A; Harrell, Heather L

    2009-08-01

    We sought to examine the legal and ethical implications of workplace health risk reduction programs (HRRPs) using health risk assessments, individually focused risk reduction, and financial incentives to promote compliance. We conducted a literature review, analyzed relevant statutes and regulations, and considered the effects of these programs on employee health privacy. A variety of laws regulate HRRPs, and there is little evidence that employer-sponsored HRRPs violate these provisions; infringement on individual health privacy is more difficult to assess. Although current laws permit a wide range of employer health promotion activities, HRRPs also may entail largely unquantifiable costs to employee privacy and related interests.

  20. Health Risk Reduction Programs in Employer-Sponsored Health Plans: Part II—Law and Ethics

    Science.gov (United States)

    Rothstein, Mark A.; Harrell, Heather L.

    2011-01-01

    Objective We sought to examine the legal and ethical implications of workplace health risk reduction programs (HRRPs) using health risk assessments, individually focused risk reduction, and financial incentives to promote compliance. Methods We conducted a literature review, analyzed relevant statutes and regulations, and considered the effects of these programs on employee health privacy. Results A variety of laws regulate HRRPs, and there is little evidence that employer-sponsored HRRPs violate these provisions; infringement on individual health privacy is more difficult to assess. Conclusion Although current laws permit a wide range of employer health promotion activities, HRRPs also may entail largely unquantifiable costs to employee privacy and related interests. PMID:19625971

  1. On how AI & Law can help autonomous systems obey the law: a position paper

    NARCIS (Netherlands)

    Prakken, Hendrik

    2016-01-01

    In this position paper I discuss to what extent current and past AI & law research is relevant for research on autonomous intelligent systems that exhibit legally relevant behaviour. After a brief review of the history of AI & law, I will compare the problems faced by autonomous intelligent systems

  2. Laws on Robots, Laws by Robots, Laws in Robots : Regulating Robot Behaviour by Design

    NARCIS (Netherlands)

    Leenes, R.E.; Lucivero, F.

    2015-01-01

    Speculation about robot morality is almost as old as the concept of a robot itself. Asimov’s three laws of robotics provide an early and well-discussed example of moral rules robots should observe. Despite the widespread influence of the three laws of robotics and their role in shaping visions of

  3. EU international family law: Legal basis, sources, case law of ECJ

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2012-01-01

    Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

  4. Subsidies in WTO Law and Energy Regulation : Some Implications for Fossil Fuels and Renewable Energy

    NARCIS (Netherlands)

    Marhold, Anna

    2018-01-01

    This contribution discusses WTO subsidies disciplines in the context of the energy sector. After laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies on clean

  5. Exploring Faraday's Law of Electrolysis Using Zinc-Air Batteries with Current Regulative Diodes

    Science.gov (United States)

    Kamata, Masahiro; Paku, Miei

    2007-01-01

    Current regulative diodes (CRDs) are applied to develop new educational experiments on Faraday's law by using a zinc-air battery (PR2330) and a resistor to discharge it. The results concluded that the combination of zinc-air batteries and the CRD array is simpler, less expensive, and quantitative and gives accurate data.

  6. Theses on the systematization of environmental law (relevant to regional planning)

    International Nuclear Information System (INIS)

    Erbguth, W.

    1987-01-01

    The 'Central Institute for Regional Planning' (Zentralinstitut fuer Raumplanung) of the University of Muenster carried out an extensive study on the systematization of environmental law. Hence it follows that particularly in the field of atomic law and the law for the protection against nuisance a landwide homogeneous planning level is missing. (WG) [de

  7. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

    The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

  8. EMTALA and patients with psychiatric emergencies: a review of relevant case law.

    Science.gov (United States)

    Lindor, Rachel A; Campbell, Ronna L; Pines, Jesse M; Melin, Gabrielle J; Schipper, Agnes M; Goyal, Deepi G; Sadosty, Annie T

    2014-11-01

    Emergency department (ED) care for patients with psychiatric complaints has become increasingly challenging given recent nationwide declines in available inpatient psychiatric beds. This creates pressure to manage psychiatric patients in the ED or as outpatients and may place providers and institutions at risk for liability under the Emergency Medical Treatment and Labor Act (EMTALA). We describe the patient characteristics, disposition, and legal outcomes of EMTALA cases involving patients with psychiatric complaints. Jury verdicts, settlements, and other litigation involving alleged EMTALA violations related to psychiatric patients between the law's enactment in 1986 and the end of 2012 were collected from 3 legal databases (Westlaw, Lexis, and Bloomberg Law). Details about the patient characteristics, disposition, and reasons for litigation were independently abstracted by 2 trained reviewers onto a standardized data form. Thirty-three relevant cases were identified. Two cases were decided in favor of the plaintiffs, 4 cases were settled, 10 cases had an unknown outcome, and 17 were decided in favor of the defendant institutions. Most patients in these 33 cases were men, had past psychiatric diagnoses, were not evaluated by a psychiatrist, and eventually committed or attempted suicide. The most frequently successful defense used by institutions was to demonstrate that their providers used a standard screening examination and did not detect an emergency medical condition that required stabilization. Lawsuits involving alleged EMTALA violations in the care of ED patients with psychiatric complaints are uncommon and rarely successful. Copyright © 2014 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

  9. Review of Antimicrobial Resistance in the Environment and its Relevance to Environmental Regulators

    Directory of Open Access Journals (Sweden)

    Andrew C Singer

    2016-11-01

    Full Text Available The environment is increasingly being recognised for the role it might play in the global spread of clinically-relevant antibiotic resistance. Environmental regulators monitor and control many of the pathways responsible for the release of resistance-driving chemicals into the environment (e.g., antimicrobials, metals, biocides. Hence, environmental regulators should be contributing significantly to the development of global and national antimicrobial resistance (AMR action plans. It is argued that the lack of environment-facing mitigation actions included in existing AMR action plans is likely a function of our poor fundamental understanding of many of the key issues. Here, we aim to present the problem with AMR in the environment through the lens of an environmental regulator, using the Environment Agency (England’s regulator as an example from which parallels can be drawn globally. The issues that are pertinent to environmental regulators are drawn out to answer: What are the drivers and pathways of AMR? How do these relate to the normal work, powers and duties of environmental regulators? What are the knowledge gaps that hinder the delivery of environmental protection from AMR? We offer several thought experiments for how different mitigation strategies might proceed. We conclude that: 1 AMR Action Plans do not tackle all the potentially relevant pathways and drivers of AMR in the environment; and 2 AMR Action Plans are deficient, in part, because the science to inform policy is lacking and this needs to be addressed.

  10. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

  11. The Liability of the Managing Body within the Insolvency Proceedings in Romania: Case-Law Study

    Directory of Open Access Journals (Sweden)

    Rodica Diana Apan

    2015-11-01

    Full Text Available The study aims at identifying the new elements that the Insolvency Code in Romania, Law 85 of 2014, brings in what concerns entailing the liability of the managing body as well as that of other persons having contributed to the debtor's state of insolvency, compared to the previous regulation provided by Law 85 of 2006. The identification of these elements is carried out by making reference to the types of deeds that, following taken legal action, can entail liability and the coverage of the debts by the members of the managing body as well as by other persons having contributed to the debtor's state of insolvency. The analysis of the deeds concentrates around two connected centers of interest: The analysis of the deeds such as they are regulated by the two regulations and the case where for certain deeds there need to be identified the elements of repeatability in the two regulations and then the relevant case-law applicable for the respective deed is analyzed. In conclusion, in this way are identified the case-law variations met by the regulations applicable to the respective deed, in the judgments grounded on Law 85 of 2006. These variations represent landmarks for the regulations comprised by the Romanian Insolvency Code – Law 85 of 2014. Following the analyzed legal precedents – a number of 30 case-law judgments issued by courts of appeal being at the highest level of jurisdiction, there are identified in concreto, the type of acts which may entail the liability of the managing body for the insolvency of the enterprise. Through the present study we aim to guide the local administrators, as well as the future foreign investors who engage in foreign direct investments (FDI in Romania with regard to the liability of the managing body in within the insolvency proceedings.

  12. State statutes and regulations on radioactive materials transportation

    International Nuclear Information System (INIS)

    Foster, B.

    1981-11-01

    The transport of radioactive material is controlled by numerous legislative and regulatory actions at the federal, state, and local levels. This document is a compilation of the state level laws and regulations. The collected material is abstracted and indexed by states. Each state section contains three divisions: (1) abstracts of major statutes, (2) legislative rules, and (3) photocopies of relevant paragraphs from the law or regulation. This document was prepared for use by individuals who are involved in the radioactive material transportation process. This document will not be updated. The legislative rules section contains the name of the state agency primarily responsible for monitoring the transport of radioactive materials

  13. 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...

  14. Law-Abiding Games

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

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

  15. The regulation for enforcing the law concerning indemnification of nuclear damage

    International Nuclear Information System (INIS)

    1980-01-01

    The regulation is set up under the provisions of the law concerning the indemnification for atomic energy damages, to enforce them. An atomic energy business enterpriser who intends to get the approval of indemnification measures specified under the law shall file an application to the General Director of the Science Technology Agency, attaching particular documents and writing the following matters: his name and address; the kinds of operation of reactors; the names and addresses of works or places of business where reactors are operated; the thermal output of reactors; the kinds and quantities of nuclear fuel materials processed or employed; the kinds and quantities of nuclear fuel materials or contaminated materials to be transported; the kinds and quantities of nuclear fuel materials or contaminated materials to be disposed; beginning dates and expected ending dates of the operation of reactors; and other items stipulated concerning liability insurance and indemnification contracts. The negotiable securities qualified to be trusted include government bonds; municipal bonds; bonds issued by particular legal persons; bonds issued by banks, Central Cooperative Bank for Agriculture and Forestry, or Bank for Commerce and Industrial Cooperatives, and secured debentures under the secured debenture trust law. The recovering of trusted securities and identification cards are defined, respectively. (Okada, K.)

  16. REFLECTIONS ON THE EVOLUTION OF MINOR'S RIGHTS IN CONFLICT WITH THE LAW IN THE EUROPEAN UNION: FROM THE NATIONAL REGULATIONS TO THE COMMUNITY REGULATIONS

    Directory of Open Access Journals (Sweden)

    Gheorghe, BONCIU

    2015-06-01

    Full Text Available The study proposes an examination of the development rights of juveniles in conflict with the law in terms of legal regulations adopted by the Council of Europe, the European Union and its Member States. Approaching the settlement of all matters relating to human rights, including the rights of the child, it searched the extent to provide a mechanism in respect of children's rights and how its rights are reflected both of the European Convention on Human Rights and Fundamental Freedoms and Community and of national regulations of the Member States of the European Union. Declarative character of the Community provisions do not provide sufficient protection and uniformity toward juvenile rights in this matter, being treated differently in different countries depending on national and regional legal regime. Analysis of international treaties, customary, and national case law emphasized the need for prevention of juvenile delinquency and juvenile protection by merging rules at Community level in order to ensure a common, reasonable and sufficient protection for the juvenile in general and those found in conflict with law in particular.

  17. Regulating Internet Hate: A Flying Pig?

    OpenAIRE

    Alkiviadou, Natalie

    2016-01-01

    Abstract: This paper will assess the regulation of the internet in the ambit of hate speech expressed digitally through the internet. To do so, it will provide a definitional framework of hate speech, an overview of the internet’s role in the ambit of hate speech and consider the challenges in legally regulating online hate speech through a discussion of relevant\\ud case-law as well as the Additional Protocol to the Cybercrime Convention. The jurisprudential analysis will allow for a comparis...

  18. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1979-01-01

    The law aims to perform regulations on enterprises of refining, processing and reprocessing of nuclear source and fuel materials and on establishment and operation of reactors to realize the peaceful and deliberate utilization of atomic energy according to the principle of the atomic energy basic law. Regulations of use of internationally regulated substances are also envisaged to observe international agreements. Basic concepts and terms are defined, such as: atomic energy; nuclear fuel material; nuclear source material; reactor; refining; processing; reprocessing and internationally regulated substance. Any person besides the Power Reactor and Nuclear Fuel Material Developing Corporation who undertakes refining shall be designated by the Prime Minister and the Minister of International Trade and Industry. An application shall be filed to the ministers concerned, listing name and address of the person, name and location of the refining works, equipment and method of refining, etc. The permission of the Prime Minister is necessary for any person who engages in processing. An application shall be filed to the Prime Minister, listing name and address of the person, name and location of the processing works and equipment and method of processing, etc. Permission of the Prime Minister, the Minister of International Trade and Industry or the Minister of Transport is necessary for any person who sets up reactors. An application shall be filed to the minister concerned, listing name and address of the person, purpose of operation, style, thermal output of reactor and number of units, etc. (Okada, K.)

  19. A study on the relevance and influence of the existing regulation and risk informed/performance based regulation

    Energy Technology Data Exchange (ETDEWEB)

    Cheong, B. J.; Kang, J. M.; Kim, H. S.; Koh, S. H.; Kang, D. H.; Park, C. H. [Cheju Univ., Jeju (Korea, Republic of)

    2003-02-15

    The goal of this study is to estimate the relevance and Influence of the Existing Regulation and the RI-PBR to the institutionalization of the regulatory system. This study reviews the current regulatory system and the status of the RI-PBR implementation of the US NRC and Korea based upon SECY Papers, Risk Informed Regulation Implementation Plan (RIRIP) of the US NRC and other domestic studies. In order to investigate the perceptions, knowledge level, ground for the regulatory change, a survey was performed to Korean nuclear utilities, researchers and regulators on the perception on the RIR. The questionnaire was composed of 50 questions regarding personal details on work experience, level of education and specific field of work ; level of knowledge on the risk informed performance based regulation (RI-PBR); the perception of the current regulation, the effectiveness, level of procedure, flexibility, dependency on the regulator and personal view, and the perception of the RI-PBR such as flexibility of regulation, introduction time and the effect of RI-PBR, safety improvement, public perception, parts of the existing regulatory system that should be changed, etc. 515 answered from all sectors of the nuclear field; utilities, engineering companies, research institutes, and regulatory bodies.

  20. IMPACT OF THE CONVERGENCE PROCESS TO INTERNATIONAL FINANCIAL REPORTING STANDARDS ON THE VALUE RELEVANCE OF FINANCIAL INFORMATION

    Directory of Open Access Journals (Sweden)

    Marcelo Alvaro da Silva Macedo

    2012-11-01

    Full Text Available Law 11.638/07 marked the start of a series of changes in the laws that regulate Brazilian accounting practices. The main reason for these changes is the convergence process of local with international accounting standards. As a result of Law 11.638/07, the legal precedent was established to achieve convergence. In that context, the aim of this study is to analyze the impact of the convergence process with international accounting standards on the relevance of financial information, based on data for 2007, without and with the alterations Law 11.638/07 introduced and according to the CPC Pronouncements, applicable as from 2008 onwards. Therefore, a value relevance study is used, applying regression analysis to annual stock price information (dependent variable and net profit per share (NPPS and net equity per share (NEPS as independent variables. The main results show that financial information on NPPS and NEPS for 2007, with and without the legal alterations, are relevant for the capital market. A comparison between both regressions used in the analysis, however, shows an information gain for financial information that includes the changes introduced in the first phase of the accounting convergence process with the international standards.

  1. The law applicable to environmental damage in European private international law

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2013-01-01

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

  2. Local ordinances as an instrument of social exclusion: the regulation affecting the homeless is administrative law of the enemy

    Directory of Open Access Journals (Sweden)

    Eduardo Melero Alonso

    2017-03-01

    Full Text Available This paper discusses local ordinances, especially the so-called coexistence ordinances, to the extent they affect the daily activities of the homeless. There are three areas of regulation: the prohibition of begging; a ban on sleeping, washing and perform physiological needs in public spaces; and the prohibition of sorting through garbage. This regulation is subjected to a critical analysis, focusing on the fact that has an impact on the fundamental rights of the homeless. The basic parameters of control are the reserve of law and, above all, the principle of proportionality. The conclusion reached is that, in many cases, this regulation is not only illegal, it can also be included within the category Administrative Law of the enemy.

  3. 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

  4. The Inverse Response Law: Theory and Relevance to the Aftermath of Disasters

    Directory of Open Access Journals (Sweden)

    Suzanne Phibbs

    2018-05-01

    Full Text Available The Inverse Care Law is principally concerned with the effect of market forces on health care which create inequities in access to health services through privileging individuals who possess the forms of social capital that are valued within health care settings. The fields of disaster risk reduction need to consider the ways in which inequities, driven by economic and social policy as well as institutional decision-making, create vulnerabilities prior to a disaster, which are then magnified post disaster through entrenched structural differences in access to resources. Drawing on key principles within the Inverse Care Law, the Inverse Response Law refers to the idea that people in lower socio-economic groups are more likely to be impacted and to experience disparities in service provision during the disaster response and recovery phase. In a market model of recovery, vulnerable groups struggle to compete for necessary services creating inequities in adaptive capacity as well as in social and wellbeing outcomes over time. Both the Inverse Care Law and the Inverse Response Law focus on the structural organisation of services at a macro level. In this article, the Inverse Care Law is outlined, its application to medical treatment following disasters considered and an explanation of the Inverse Response Law provided. Case studies from recent disasters, in London, New Zealand, Puerto Rico and Mexico City are examined in order to illustrate themes at work relating to the Inverse Response Law.

  5. First law regulating school canteens in Brazil: evaluation after seven years of implementation.

    Science.gov (United States)

    Gabriel, Cristine Garcia; Vasconcelos, Francisco de Assis Guedes de; Andrade, Dalton Francisco de; Schmitz, Bethsái de Abreu Soares

    2009-06-01

    The high prevalence of overweight and obesity among schoolchildren in Brazil and worldwide has shown that strategies to promote healthy eating habits are needed. Santa Catarina was the first Brazilian State to promulgate specific legislation to regulate the food commercialized in schools (Law n 12.061/2001). The objective was to assess the functioning of school canteens in eight key municipalities of Santa Catarina, investigating whether the foods sold were in accordance with the Law. A questionnaire was completed by the principals and those responsible for the canteens. Item Response Theory was used to examine the levels of compliance with the Law. In all 345 schools took part. Of these, 156 (45%) had a canteen. The presence of a canteen was significantly higher in the private sector (p educational actions targeting the proprietors of the canteens as well as the schools themselves. Training for the canteen's proprietors may constitute a strategy that will guarantee the economic viability of these establishments and the possibility of them being transforming into places of health promotion.

  6. 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

  7. 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

  8. RUSSIAN LAW SUBJECTS

    Directory of Open Access Journals (Sweden)

    D.N. Bakhrakh

    2006-03-01

    Full Text Available The question about the subjects of law branches is concerning the number of most important and difficult in law science. Its right decision influences on the subject of law regulation, precise definition of addressees of law norms, the volume of their rights and duties, the limits of action of norms of Main part of the branch, its principles. Scientific investigations, dedicated to law subjects system, promote the development of recommendations for the legislative and law applying activity; they are needed for scientific work organization and student training, for preparing qualified lawyers.

  9. MARKET FAIRNESS IN ISLAMIC ECONOMICS LAW AND ETHICS: A Study on Modern and Traditional Market Regulations in Indonesia

    Directory of Open Access Journals (Sweden)

    Mustapa Khamal Rokan

    2015-06-01

    Full Text Available This study has been motivated by unfair market conditions in the form of marginalization of traditional markets in Indonesia due to unequal competition with the modern market. This article tries to find a fair legal formulation to maintain the existence of a small market (traditional. To find the legal formulation, the author attempts to discuss market regulation in Indonesian legislation, analyzed and found it to be optimized to create a fair market arrangements in the perspective of Islamic law. This study propose a paradigm that the market functions not only as an business institution but also as religious and social institutions based on brotherhood which requires mutual respect and responsibility. There are prescriptive law to maintain the existence of traditional markets in Indonesia, which optimizes the concept of ownership as a form of common ownership and optimize the regulation of cooperation between the traditional and the modern market economy based on the doctrine of Islamic law.

  10. Nuclear activity. Decree No. 1.390. Regulation of Law No. 24.804 (27-Nov-1998; B.O. 4-Dec-1998)

    International Nuclear Information System (INIS)

    1998-01-01

    This decree regulates various aspects of the National Law of Nuclear Activity of the Argentine Republic, in order to determine its scope, define the procedures for its application, and establish the executive functions of the institutions emerging from this Law: Empresa Nucleoelectrica Argentina Sociedad Anonima (NASA), Comision Nacional de Energia Atomica (CNEA) and the Autoridad Regulatoria Nuclear (ARN), former Ente Nacional Regulador Nuclear. The National State shall establish the nuclear policy and shall develop the Research and Development functions through the Comision Nacional de Energia Atomica (CNEA) and the regulatory and control functions through the Autoridad Regulatoria Nuclear (ARN). The nuclear activities of production, research, development and service rendering which might be organised commercially, shall be implemented within the framework of the nuclear policy and regulation exercised within the competence of the above mentioned organisms. The Commission shall have to assume the responsibility of the management of radioactive wastes of low, medium and high activity and establish the acceptance requirements that shall have to be approved by the ARN. Moreover, it shall determine the shut-down of the nuclear power plants and any other relevant nuclear facility concurrently with ARN, through the Shut-down Project of each facility. With the aim of the privatisation of the nuclear power generation activity depending from the enterprise NASA, the constitution of a society is set up: 'Generadora Nuclear Argentina Sociedad Anonima' (GENUAR SA). Also, the amount of the royalty that shall be paid to CNEA for research and development activities is fixed. The above mentioned society will be the holder of the concession of the use of nuclear goods and the responsible entity for the construction and/or operation licenses

  11. Divorce by consent in Roman law and contemporary law

    Directory of Open Access Journals (Sweden)

    Ignjatović Marija

    2013-01-01

    Full Text Available The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines the regulation on the consensual divorce in some contemporary legal systems. In addition, the authors provides a substantial analysis of the normative framework on the termination of marriage in the positive Serbian legislation. In the final part of the paper, the authors provides a comparative analysis and underscores the observed similarities and differenced in the regulation of the institute of consensual divorce in Roman law and in the contemporary legislation.

  12. Summary of the law relating to atomic energy and radioactive substances

    International Nuclear Information System (INIS)

    Sim, D.F.; Ritchie, K.J.S.

    1982-01-01

    This Summary is an updated version of a previous revision of the Summary of the United Kingdom's legislation on atomic energy and reviews the main texts in that field. Reference is made to the regulations on atomic energy, nuclear installations, radioactive substances, transport of such substances, radiation protection etc. It is intended to be a signpost to the relevant law, but does not cover any aspect in detail. The Summary also refers to international agreements in the nuclear field: conventions and regulations on the transport of radioactive substances and nuclear material, nuclear third party liability, radiation protection and environmental protection. (NEA) [fr

  13. Nuclear Law

    International Nuclear Information System (INIS)

    Pascal, Maurice.

    1979-01-01

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

  14. Some issues on the Law for the Regulations of Nuclear Source Material, Nuclear Fuel Material and Reactors Amendment after JCO criticality accident

    International Nuclear Information System (INIS)

    Tanabe, Tomoyuki

    2001-01-01

    As the Amendment of the Law for the Regulation of Nuclear Material, Nuclear Fuel Material and Reactors on an opportunity of the JCO criticality accident can be almost evaluated at a viewpoint of upgrading on effectiveness of safety regulation, it is thought to remain a large problem to rely on only enforcement of regulation due to amendment of the Law at future accident. In future, it can be also said to be important subjects to further expand a philosophy on the regulation (material regulation) focussed to hazards of nuclear material itself, not only to secure effectiveness on the multi-complementary safety regulation due to the administrative agency and the Nuclear Safety Commission but also to prepare a mechanism reflexible of a new information to the safety regulation, and to prepare a mechanism to assist adequate business execution and so forth of enterprises. (G.K.)

  15. Regulation of non-relevant metabolites of plant protection products in drinking and groundwater in the EU: Current status and way forward.

    Science.gov (United States)

    Laabs, V; Leake, C; Botham, P; Melching-Kollmuß, S

    2015-10-01

    Non-relevant metabolites are defined in the EU regulation for plant protection product authorization and a detailed definition of non-relevant metabolites is given in an EU Commission DG Sanco (now DG SANTE - Health and Food Safety) guidance document. However, in water legislation at EU and member state level non-relevant metabolites of pesticides are either not specifically regulated or diverse threshold values are applied. Based on their inherent properties, non-relevant metabolites should be regulated based on substance-specific and toxicity-based limit values in drinking and groundwater like other anthropogenic chemicals. Yet, if a general limit value for non-relevant metabolites in drinking and groundwater is favored, an application of a Threshold of Toxicological Concern (TTC) concept for Cramer class III compounds leads to a threshold value of 4.5 μg L(-1). This general value is exemplarily shown to be protective for non-relevant metabolites, based on individual drinking water limit values derived for a set of 56 non-relevant metabolites. A consistent definition of non-relevant metabolites of plant protection products, as well as their uniform regulation in drinking and groundwater in the EU, is important to achieve legal clarity for all stakeholders and to establish planning security for development of plant protection products for the European market. Copyright © 2015 Elsevier Inc. All rights reserved.

  16. Proceedings of the CISDEN meeting on present problems in Community and international law in the nuclear field

    International Nuclear Information System (INIS)

    1981-06-01

    These proceedings of the meeting of the Italian Nuclear Law Study Centre reproduce in full the three papers presented, together with the ensuing discussions. The papers respectively deal with the recent Constitutional Court Decision opposing a referendum on nuclear power plant site selection; international contracts -private autonomy and State law- and the incidence of recent trends on nuclear contracts; problems in relation to the entry into force of the 1980 Euratom radiation protection directive and the revision of relevant Italian regulations. (NEA) [fr

  17. Civil Law and Neuroscience

    NARCIS (Netherlands)

    de Kogel, C.H.; Schrama, W.M.; Smit, M.

    2014-01-01

    The relationship between the brain and human behaviour is receiving increasing attention in legal practice. Much has already been published about the role of neuroscience in criminal law, but surprisingly little is known about its role in civil law. In this contribution, the relevance of

  18. The international law commission and international environmental law

    International Nuclear Information System (INIS)

    Ramcharan, B.G.

    1975-01-01

    If the oceans are destroyed through pollution there will be nothing left to manage. Protection against pollution is thus a fundamental aspect of ocean management. What legal principles are available for the protection of the oceans. This paper brings together the relevant practice of the foremost international body responsible for the codification and development of international law: the International Law Commission. It describes the work of the Commission concerning: 1) pollution of the high seas; 2) pollution of international watercourses; and 3) international responsibility for environmental hazards. It concludes by expressing the hope that the Commission will further study, codify and develop international environmental law

  19. Legal and criminal law protection of children from sexual violence: Proposals de Lege Ferenda

    Directory of Open Access Journals (Sweden)

    Petković Nikola

    2012-01-01

    Full Text Available The legal and criminal law protection of children from sexual violence is a major element of the combat against this complex form of crime. Well-designed laws, consistency in their implementation, evaluation of effects and effectiveness of the measures envisaged by the laws are only some steps that must be made if the positive results are expected in opposing any crime, and therefore to sexual violence. Moreover, if we consider the consequences of attempted and/or committed sexual violence for the victim, which, if they reach the public evoke strong reaction, it is clear why the parts of the relevant legislation that regulate this matter are worthy of special attention to scientific and professional public. However, the mission of finding a fair legislative solution is not simple. In this sense, the United States of America have the richest experience, and we shall just try to point out the importance and complexity of the regulation of criminal law protection of children from sexual violence through critical analysis of their proposals and already adopted solutions, as well as through analysis of certain elements of domestic legislation. The aim of this study is review and critical analysis of selected proposals and existing solutions in the sphere of legal and criminal law protection of children from sexual violence: the U.S. law that regulates formation of the registry of sex offenders which is available to the public ('Megan's law', legal solutions that provide chemical castration of 'pedophiles', as well as those related to the question of establishing the age limit that determines possibility of entering into consensual sexual relations with a minor.

  20. The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Enver BUÇAJ

    2017-03-01

    Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism pheromone in line with principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none-European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in context of cyber-attacks events in attempt to establish legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber-attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

  1. The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Enver Buçaj

    2017-03-01

    Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism phenomena in line with the principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in the context of cyber attacks events in attempt to establish a legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

  2. 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 ...

  3. The Golden Arches Meet the Hallowed Halls: Franchise Law and the Law School Curriculum.

    Science.gov (United States)

    Wright, Danaya

    1995-01-01

    A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…

  4. Space Law and China

    Science.gov (United States)

    Tronchetti, Fabio

    2017-08-01

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

  5. Summary of the law relating to atomic energy and radioactive substances as at March 1979

    International Nuclear Information System (INIS)

    Sim, D.F.; Ritchie, K.J.S.

    1979-01-01

    This summary is intended to be a 'signpost' to the relevant law in the United Kingdom, but does not cover any aspect in detail. It falls under the following headings: common law; legislation (Atomic Energy Act 1946 and subordinate legislation; Radioactive Substances Act 1948 and subordinate legislation; Radioactive Substances Act 1960; Electricity (Amendment) Act 1961; Nuclear Installations Acts 1965 and 1969 and subordinate legislation; the Secretary of State for Trade and Industry Order 1970; Radiological Protection Act 1970 as amended by the Health and Safety at Work etc. Act 1974; Air Navigation (Restriction of Flying)(Atomic Energy Establishments) Regulations 1976; Nuclear Safeguards and Electricity (Finance) Act 1978; legislation relating to the United Kingdom Atomic Energy Authority); regulations under the Factories Act 1961; regulations relating to educational establishments; regulations and orders relating to food and medicines; regulations, rules etc. affecting the transport of radioactive materials; regulations under the Social Security Act 1975; control of import and export; the Euratom Treaty; important non-statutory codes of practice etc.; international conventions, regulations etc. relating to the peaceful use of atomic energy and radioactive substances, in which the United Kingdom is interested; foreign legislation. (U.K.)

  6. Regulations And Control Of Food And Drugs

    International Nuclear Information System (INIS)

    Osuide, G.E.; Director General, National Agency For Food And Drugs Administration And Control, Federal Secretariat, Ikoyi, Lagos, Nigeria.

    1996-01-01

    Effective control of processed food and medicines is crucial for the maintenance of public health. Issues of wholesomeness, quality, efficacy and safety are of paramount concern to both consumers and regulatory agencies alike. Laws and regulatory are put in in place to ensure minimum standards of practice by the various operators in the food and pharmaceutical sub-sectors, such as will guarantee that the regulated products (food, drugs, cosmetics, medical devices, chemicals and bottled water) they deal in satisfy all the parameters of quality, wholesomeness, efficacy and safety. National Agency for Food and Drug Administration and Control (NAFDAC) was established to enforce all relevant laws and regulations on food and drugs among other-regulated products. NAFDAC has put in place appropriate administrative structures and procedures in its efforts to fulfill its mandate. Finally, the agency is in the process of extending its regulatory and control activities to cover irradiated food products in order to safeguard public health

  7. Regulating the relationship between physicians and pharmaceutical companies: a qualitative and descriptive analysis of the impact of Israeli legislation.

    Science.gov (United States)

    Nissanholtz-Gannot, Rachel; Yankellevich, Ariel

    2017-09-26

    The Israeli National Health Insurance Law was amended in 2010 to require the disclosure of payments above 2500 NIS from pharmaceutical companies (PCs) to medical personnel and organizations. We examined if the law had an impact on the relationship between physicians in the Israeli health system and the pharmaceutical industry. We conducted 42 in-depth semi-structured interviews with representatives of relevant stakeholders regarding the effects and extent of the law and the interviewees' attitudes about regulating the relationship between physicians and PCs. In addition, we analyzed reports on payments from PCs to various components of the health system. The majority of interviewees agreed that transparency is important to the relationship between PCs and physicians and none of them opposed the disclosure of payments. Most interviewees reported to have witnessed a change in the regulatory climate of the relationship between PCs and physicians, prompted mostly by self-regulatory measures of the pharmaceutical industry. The most significant change in this relationship appeared to be the enactment of contractual relations between PCs and physicians. There was a pervasive feeling that self-regulation is more effective than state regulation. The impact of the law on the behavior of individual physicians was claimed to be limited at best. Suggested causes were lack of awareness of the law, particularly among physicians; ambiguous definition of "payments" and loopholes in the law that attract other forms of remuneration to physicians and lack of enforcement of the law. According to reports published by the Ministry of Health, Pharma Israel, and the Israeli Medical association, although there had been some disclosure of payments by both donors and beneficiaries, there were inconsistencies between the total payments disclosed by PCs and those disclosed by their beneficiaries. There is a broad agreement that transparency is important to the PCs-physicians relationship. In

  8. Relevance of international humanitarian law to the deployment of ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 6 (2015) >. Log in or Register to get access to full text downloads.

  9. [Medical Devices Law for pain therapists].

    Science.gov (United States)

    Regner, M; Sabatowski, R

    2016-08-01

    Medical Devices Law is a relatively new legal system, which has replaced the Medical Devices Regulations still well-known in Germany. German Medical Devices Law is based on European directives, which are, in turn, incorporated into national law by the Medical Devices Act. The Medical Devices Act is a framework law and covers a number of regulations that address specific topics within Medical Devices Law. In turn, in individual regulations, reference is made to guidelines, recommendations, etc. from other sources that provide detailed technical information on specific topics. Medical Devices Law is a very complex legal system, which needs to be permanently observed due to constant updating and adjustment. In the current article, the design and the structure of the system will be described, but special emphasis will be laid on important problem areas that need to be considered when applying and operating medical products, in this case by pain therapists in particular.

  10. Rule of law and legal epistemology

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel

    2016-01-01

    In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such

  11. Experiences in the last amendment of radiation regulation laws in Japan

    International Nuclear Information System (INIS)

    Numakunai, T.

    2004-01-01

    In the deliberation on the introduction of the ICRP recommendation to the radiation regulation laws in Japan, the Radiation Council opened the meetings and the draft report to the public, and requested comments. Submitted comments were reflected in the deliberation. As for the following three subjects, that is, dose limit of occupational exposure for women, classification of workplaces and limitations of the occupational exposure in the emergency, a lot of opinions were expressed in the process of the deliberation on the council, and there were a lot of various opinions of the genera( public to the draft. These opinions were the opinions from each standpoint where benefit conflicted with damage, opinions based on different ideas, and opinions from a socially different standpoints. The Council drew the conclusion after having examined that the grounds of argument had been well verified in a scientific manner and the conclusion of each subject maintained the correspondence in the whole system of law. In order to improve the current comment requesting system, it was pointed out that further discussions by open system among authors, experts and submitted general publics who had the responsible opinion is desirable. (author)

  12. The Dawn of Criminal Law, Regulation of Punitive Power in the Sumerian, Akk adian and Semite Codes

    Directory of Open Access Journals (Sweden)

    Ramiro J. García Falconí

    2016-06-01

    Full Text Available General and special Law, the regulation of the punitive power appeared since the first codings known in the history of mankind, being clear their religious character, their sacrifice logic, and the violence element that permeate to it. This punitive matrix is found in both Sumerian and Akkadian Codes, as in the later Jewish legislation, in which violence and sacredness fuse. The Talion Law already makes its appearance, as well as the structures on which the Inquisitorial System will be later built, and some traits that survive until today.

  13. Laws on Sex Discrimination in Employment. Federal Civil Rights Act, Title VII State Fair Employment Practices Laws, Executive Orders.

    Science.gov (United States)

    Women's Bureau (DOL), Washington, DC.

    This report describes the applicable laws regarding sex discrimination in employment. In addition to Federal law and two relevant Executive Orders, the report includes 21 state laws and the District of Columbia's law prohibiting discrimination based on sex. This document is a revision of ED 014 611. (BH)

  14. Relevance of the law of international organisations in resolving ...

    African Journals Online (AJOL)

    structures to resolve disputes between states. Uncertainty remains, however, on the availability of effective structures within the system to resolve disputes between international organisations. It is important to note that international organisations were, prior to 1945, not considered subjects of international law so as to be ...

  15. Regulation of advance directives in Italy: a bad law in the making.

    Science.gov (United States)

    Gristina, Giuseppe Renato; Martin, Erica; Ranieri, Vito Marco

    2012-11-01

    The Advance Directives (ADs) have been adopted in many countries to defend patients' autonomy. In Italy, the role of ADs has recently been the subject of heated debate involving political parties and the Roman Catholic Church. In February 2009, the conservative government coalition presented a bill of law on this issue. It has been passed by the Low Chamber and is now being discussed in the Senate. The purpose of the article is to highlight any possible bill's contradiction with Italian Constitution, Italian Code of Medical Ethics (ICME), and Oviedo Convention contents, relevant for intensivists. Analysis of bill's content in the light of Italian Constitution, ICME, Oviedo Convention articles and in comparison with French legislation regarding end of life (Leonetti law). In the Authors' point of view the bill's articles -limit the moral and judicial importance of four main issues as informed consent, permanent incapacity, artificial nutrition/hydration, and withdraw/withhold treatments. In the Authors' opinion the ADs must represent informed preferences made freely by patients within the relationship with their physicians, as part of an advance care planning. When this relationship develops in accordance with the ICME rules, it contains all of the ethical/professional dimensions to legitimate right choices in each case. The law should draw inspiration from ICME principles, assigning them a juridical power, acknowledging their validity in legitimating end-of-life decisions, and defining a framework of juridical legitimacy for these decisions without infringing on patients' right to autonomy with prescriptions on the care.

  16. Building a stronger framework of nuclear law. The IAEA's legislative assistance services

    International Nuclear Information System (INIS)

    Stoiber, C.

    2003-01-01

    The IAEA is publishing a Handbook on Nuclear Law which will provide IAEA Member States with a new resource for assessing the adequacy of their national legal frameworks governing the peaceful uses of nuclear energy; and practical guidance for governments in efforts to enhance their laws and regulations, in harmonizing them with internationally recognized standards, and in meeting their obligations under relevant international instruments. The Handbook responds to the growing demand from many national governments for assistance in the development of nuclear legislation and the need to harmonize their own legal and institutional arrangements with international standards. It also presents concise and authoritative instructional materials for teaching professionals (lawyers, scientists, engineers, health and radiation protection workers, government administrators) on the basic elements of a sound framework for managing and regulating nuclear energy. The Handbook is organized into five general parts: Part I provides a general overview of key concepts in the field: nuclear energy law and the legislative process; the regulatory authority; and the fundamental regulatory activities of licensing, inspection and enforcement. Part II deals with radiation protection. Part Ill covers various subjects arising from nuclear and radiation safety: radiation sources, nuclear installations, emergency preparedness and response, mining and milling, transportation, and waste and spent fuel. Part IV addresses the topic of nuclear liability and coverage. Part V moves to non-proliferation and security related subjects: safeguards, export and import controls, and physical protection. The Handbook also reflects and refers to the extensive range of IAEA Safety Standards covering all fields relevant to peaceful nuclear technology

  17. Law no. 111/1996 on the safe deployment of nuclear activities - A law central to the Romanian nuclear law system

    International Nuclear Information System (INIS)

    Chiripus, Vlad-Ionut

    2004-01-01

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

  18. Networks and informal contract law

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric; Brownsword, Roger; van Gestel, Rob A.J.; Micklitz, Hans-W.

    2017-01-01

    It is often argued that formal contract law cannot treat networks correctly. An analysis of networks in an informal contract law system shows that informal contract law is no panacea. Remaining problems require a different approach to legal regulation and contract practice.

  19. The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition

    Directory of Open Access Journals (Sweden)

    David López Jiménez

    2016-05-01

    Full Text Available Purpose – Electronic commerce or e-commerce constitutes a commercial activity on the rise. Although it has many advantages, there are several lingering factors that prevent its consolidation, such as the lack of trust of the potential consumer/user. In order to overcome that obstacle, instruments of self-regulation were created in the field of advertising. Firms that wish to distinguish themselves favorably against their competitors have the option of adopting those instruments, which play a praiseworthy role regarding the target audience and constitutes a considerable improvement of consumer rights. However, on occasions, problems arise in the market when those systems of self-regulation bind third parties that did not voluntarily enter into a contract. This paper tackles the question of if self-regulation of advertising in the net can be put in place should it affects the honor of the third party not committed with the fair-practices document. Methodology/approach/design – In this article, we will refer to the particularities that arise from a case concerning the Chilean Law no. 20,168, of 2007, on unfair competition and self-regulation of advertising in the Internet pertaining WOM, Movistar, Entel, Claro and Virgin. Findings – The Chilean Law no. 20,168, of 2007 contributes to the goal of discouraging conduct contrary to good faith or good practices in advertising in conjunction with codes of conduct that have been approved in the field related to the systems of self-regulation.

  20. Themes in nuclear law

    International Nuclear Information System (INIS)

    2003-01-01

    The nuclear law was analyzed during a workshop. The main aspects were: the law of population to access to information on nuclear energy and the relationship between the Regulator Organism and the nuclear power plants managers

  1. LAWS, REGULATIONS, FORMALITIES AND FACILITIES/INCENTIVES ON INVESTMENT: A CASE OF BANGLADESH

    Directory of Open Access Journals (Sweden)

    Sharmeen\tAHMED

    2015-12-01

    Full Text Available Investment is a crucial component phenomenon for economic and industrial development of a country. The main objective of this paper is to highlight the present investment related laws and regulations in Bangladesh. An analysis has been made to depict different aspects and their impacts on formulations, promotions, incentives and facilities support provided by BOI, BEPZA, BSCIC, Ministry of Finance, Bangladesh Bank and National Board of Revenue to both local and foreign investors. The results of the study indicate that variables related to investment in Bangladesh are highly positive for economic growth and industrial development of the country.

  2. Liability for contaminated property : the interaction between regulation and the common law

    Energy Technology Data Exchange (ETDEWEB)

    MacWilliam, A.G. [Milner Fenerty, Calgary, AB (Canada)

    1998-12-31

    The criteria used for guidelines by environmental regulators to set acceptable levels of contamination for the purposes of site remediation were discussed. For the purposes of liability under environmental legislation, the guidelines allow `persons responsible` for property contamination to have an idea of the extent to which they must remediate. The guidelines provide a standard of cleanliness which takes into account the protection of environmental quality and human health. This paper describes common law causes of action, including claims in tort and claims in contract. Issues of negligence, nuisance, and liability under Rylands v. Fletcher are also addressed.

  3. Unacceptable but Indispensable: Opium Law and Regulations in Guangdong, 1912–1936

    Directory of Open Access Journals (Sweden)

    Xavier Paulès

    2013-06-01

    Full Text Available During most of the period from 1912 to 1936, Guangdong Province was independent from the central government. The local authorities there were facing a dilemma regarding opium, as others were elsewhere in China. On the one hand, opium was considered the symbol of China’s weakness, and its suppression was a top priority; on the other hand, opium taxes represented an indispensable source of fiscal income. Some Guangdong power holders were truly committed to a suppression agenda, especially from 1913 to 1924. During this period, with the exception of a brief interlude from 1915 to 1916, opium laws were prohibition laws. Even if these laws were not always enforced with full vigor, the drug remained illegal in Guangdong. After 1924, opium was legalized, and the authorities openly ruled an opium monopoly. They came out with increasingly comprehensive regulations, which proved successful in increasing opium revenues. Yet, as this article makes clear, there was nothing like direct government control: traditional tax-farming arrangements with local opium merchants (though under stricter supervision remained the backbone of the monopoly. The article also pays attention to the influence of the Six-Year Plan (1935–1940 launched by the Nanking government. As a credible set of suppression laws, it appealed to the Guangdong progressive elites who were hostile to opium. They urged the local autocrat Chen Jitang to take similar action. Chen made attempts to launch his own plans for suppressing opium, but they were unconvincing and nothing concrete came out of them. This article suggests that, in order to obtain a better understanding of how easily Chen Jitang was driven out of power in the summer of 1936, it is necessary to take into account the significant contribution of the Six-Year Plan in undermining his legitimacy.

  4. Participation in the radioactive waste disposal procedure under consideration of the site selection law; Partizipation bei der Entsorgung radioaktiver Reststoffe - unter besonderer Beruecksichtigung des Standortauswahlgesetzes

    Energy Technology Data Exchange (ETDEWEB)

    Smeddinck, Ulrich; Rossegger, Ulf [TU Braunschweig (Germany). Inst. fuer Rechtswissenschaften

    2013-08-15

    The site selection law has passed the parliament. The history and the content of the law indicate the difficulties of an adequate public participation. The contribution describes and analyzes the relevant and interdisciplinary facets of the issue. The contribution is focused on the legal regulations concerning the participation trying a classification into higher ranking relations. For a final evaluation the further development has to be considered.

  5. Overcoming the hard law/soft law dichotomy in times of (financial crises

    Directory of Open Access Journals (Sweden)

    Rolf H. Weber

    2012-03-01

    Full Text Available Traditional legal doctrine calls for hard law to regulate markets. Nevertheless, in financial markets, soft law has a long tradition, not at least due to the lack of multilateral agreements in this field. On the one hand, the recent financial crisis has shown that soft law does not suffice to avoid detrimental developments; on the other hand, a straight call for hard law would not be able to manage the recognized regulatory weaknesses. Therefore, emphasis should be put on the possibilities of combining hard law and soft law; specific areas allowing realizing such kind of “combination” are organizational issues, transparency requirements, and dispute settlement mechanisms.

  6. The laws. 4. enlarged ed.

    International Nuclear Information System (INIS)

    1988-01-01

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

  7. View points on a not well known law, the nuclear law

    International Nuclear Information System (INIS)

    Arbousset, Herve; Lahorgue, Marie-Beatrice; Rambour, Muriel; Schellenberger, Thomas

    2018-01-01

    While indicating the relevant French decrees and laws which have been building up what can be called the nuclear law, this article first proposes a discussed overview of the evolution of this law between a decree published in 1963 and the law on energy transition, while noticing what went in the USA in this respect. Based on the example of the project of geological storage of nuclear wastes, the authors outline that this nuclear law is evolving out of standards as it is evolves in order to fit with the project, and not the other way. Therefore democratic anchoring is rather fragile. The author outlines the influence of new threats related to terrorism and their influence on the nuclear law. They also comment the issue of compensation for victims of French nuclear tests in Algeria and in French Polynesia, and notice that hope has been followed by disillusion and questions

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

    Science.gov (United States)

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

    2014-01-01

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

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

    Science.gov (United States)

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

    2008-02-01

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

  10. 12 CFR 202.11 - Relation to state law.

    Science.gov (United States)

    2010-01-01

    ... other interested party may request that the Board determine whether a state law is inconsistent with the.... (e) Exemption for state-regulated transactions—(1) Applications. A state may apply to the Board for... OPPORTUNITY ACT (REGULATION B) § 202.11 Relation to state law. (a) Inconsistent state laws. Except as...

  11. Law and psychiatry: regulating psychotherapy or restricting freedom of speech? California's ban on sexual orientation change efforts.

    Science.gov (United States)

    Appelbaum, Paul S

    2014-01-01

    California's new law banning sexual orientation change efforts by licensed therapists for patients under 18 immediately provoked court challenges. Therapists, parents, and patients argued that the statute infringed constitutional rights to freedom of speech and parental rights to select treatments for their children. The U.S. Court of Appeals for the Ninth Circuit rejected all of these claims in a unanimous decision upholding the law. However, the decision evokes concerns that other forms of psychotherapy could be subject to similar regulation. Tort remedies may provide less intrusive means for discouraging use of ineffective and potentially harmful therapies.

  12. Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

    Directory of Open Access Journals (Sweden)

    Altynbekkyzy Alua

    2017-06-01

    Full Text Available The relevance of comparative analysis of legal regulation of environmental protection is due to several reasons. Firstly, it expands the boundaries of interpretation of legal norms and acts of environmental law. Secondly, it allows relying on experience in the latest achievements of legislative activity in developed countries. Thirdly, taking into consideration the legislative mistakes of other countries, it helps to avoid similar mistakes in the process of improving Kazakh legislation. And finally, it is the starting point for multilateral and bilateral cooperation in the field of environmental law.

  13. Human law and computer law comparative perspectives

    CERN Document Server

    Hildebrandt, Mireille

    2014-01-01

    This book probes the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law, and the challenges posed by computing technologies traditional legal thinking and the regulation of human affairs.

  14. Author: MC Roos IS LAW SCIENCE?

    African Journals Online (AJOL)

    10332324

    2014-02-05

    Feb 5, 2014 ... regulate human interaction, order society, create certainty and are applied, .... law students, practitioners, academics and law-makers will be measured against the ... education, and distinguished between law as a science and law as ..... a question or a problem – in short, by something theoretical".60.

  15. THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

    Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

  16. Law society breaches competition rules over financial regulation training for conveyancers

    OpenAIRE

    Johnson, D.

    2017-01-01

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

  17. Islamic law of tort

    OpenAIRE

    Mohamad, Abdul Basir Bin

    1997-01-01

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

  18. Euthanasia and criminal law

    OpenAIRE

    Ullrichová, Petra

    2008-01-01

    71 8. Summary- Euthanasia and criminal law Euthanasia is often regarded as a controversial topic that is being discussed all around the world. The legislative rules differ among the countries to various extent. The scope of this work is to offer a summary of legal regulations in euthanasia, particulary in the area of criminal law and a several examples of these regulations in Europe, USA and Australia. In the first chapter, the term of euthanasia is defined which is necessary for the purpose ...

  19. Energy law. The legal boundary conditions of power supply. 2. rev. ed.; Grundriss zum Energierecht. Der rechtliche Rahmen fuer die Energiewirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Stuhlmacher, Gerd [E.ON Global Commodities SE, Duesseldorf (Germany); Stappert, Holger; Jansen, Guido (eds.) [Luther Rechtsanwaltsgesellschaft mbH, Duesseldorf (Germany); Schoon, Heike [BDEW Bundesverband der Energie- und Wasserwirtschaft e.V., Berlin (Germany)

    2015-11-01

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

  20. 16 CFR 305.23 - Effect on other law.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Effect on other law. 305.23 Section 305.23 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS RULE CONCERNING... Effect on other law. This regulation supersedes any State regulation to the extent required by section...

  1. Prognostic relevance of molecular subtypes and master regulators in pancreatic ductal adenocarcinoma

    International Nuclear Information System (INIS)

    Janky, Rekin’s; Binda, Maria Mercedes; Allemeersch, Joke; Van den broeck, Anke; Govaere, Olivier; Swinnen, Johannes V.; Roskams, Tania; Aerts, Stein; Topal, Baki

    2016-01-01

    Pancreatic cancer is poorly characterized at genetic and non-genetic levels. The current study evaluates in a large cohort of patients the prognostic relevance of molecular subtypes and key transcription factors in pancreatic ductal adenocarcinoma (PDAC). We performed gene expression analysis of whole-tumor tissue obtained from 118 surgically resected PDAC and 13 histologically normal pancreatic tissue samples. Cox regression models were used to study the effect on survival of molecular subtypes and 16 clinicopathological prognostic factors. In order to better understand the biology of PDAC we used iRegulon to identify transcription factors (TFs) as master regulators of PDAC and its subtypes. We confirmed the PDAssign gene signature as classifier of PDAC in molecular subtypes with prognostic relevance. We found molecular subtypes, but not clinicopathological factors, as independent predictors of survival. Regulatory network analysis predicted that HNF1A/B are among thousand TFs the top enriched master regulators of the genes expressed in the normal pancreatic tissue compared to the PDAC regulatory network. On immunohistochemistry staining of PDAC samples, we observed low expression of HNF1B in well differentiated towards no expression in poorly differentiated PDAC samples. We predicted IRF/STAT, AP-1, and ETS-family members as key transcription factors in gene signatures downstream of mutated KRAS. PDAC can be classified in molecular subtypes that independently predict survival. HNF1A/B seem to be good candidates as master regulators of pancreatic differentiation, which at the protein level loses its expression in malignant ductal cells of the pancreas, suggesting its putative role as tumor suppressor in pancreatic cancer. The study was registered at ClinicalTrials.gov under the number NCT01116791 (May 3, 2010). The online version of this article (doi:10.1186/s12885-016-2540-6) contains supplementary material, which is available to authorized users

  2. Occupational safety and health law handbook

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-09-01

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

  3. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1985-01-01

    This ordinance is stipulated under the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors. The designation for refining and processing businesses under the law shall be obtained for each works or enterprise where these operations are to be practiced. Persons who intend to accept the designation shall file applications attaching business plans and the other documents specified by the ordinances of the Prime Minister's Office and other ministry orders. The permission for the installation of nuclear reactors under the law shall be received for each works or enterprise where reactors are to be set up. Persons who intend to get the permission shall file applications attaching the financing plans required for the installation of reactors and the other documents designated by the orders of the competent ministry. The permission concerning the reactors installed on foreign ships shall be obtained for each ship which is going to enter into the Japanese waters. Persons who ask for the permission shall file applications attaching the documents which explain the safety of reactor facilities and the other documents defined by the orders of the Ministry of Transportation. The designation for reprocessing business and the application for it are provided for, respectively. The usage of nuclear fuel materials, nuclear raw materials and internationally regulated goods is ruled in detail. (Kubozone, M.)

  4. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1981-01-01

    This ordinance is stipulated under the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors. The designation for refining and processing businesses under the law shall be obtained for each works or enterprise where these operations are to be practiced. Persons who intend to accept the designation shall file applications attaching business plans and the other documents specified by the ordinances of the Prime Minister's Office and other ministry orders. The permission for the installation of nuclear reactors under the law shall be received for each works or enterprise where reactors are to be set up. Persons who intend to get the permission shall file applications attaching the financing plans required for the installation of reactors and the other documents designated by the orders of the competent ministry. The permission concerning the reactors installed on foreign ships shall be obtained for each ship which is going to enter into the Japanese waters. Persons who ask for the permission shall file applications attaching the documents which explain the safety of reactor facilities and the other documents defined by the orders of the Ministry of Transportation. The designation for reprocessing business and the application for it are provided for, respectively. The usage of nuclear fuel materials, nuclear raw materials and internationally regulated goods is ruled in detail.(Okada, K.)

  5. Conflict-of-Laws Rules in System of Precepts of Law

    Directory of Open Access Journals (Sweden)

    Victoria A. Kosovskaya

    2016-06-01

    Full Text Available In the present article author has considered features of conflict-of-laws rules as the special norms allowing to resolve a conflict question by means of the choice of applicable law. The structure of conflict norm is analysed. Difficulties in use of such specific norms having referential character are revealed and also possible ways of their overcoming are shown. In the conclusion the author emphasizes that presence of a foreign element demands use of the special social mechanism of regulation which is mediated through conflict-of-laws rules.

  6. | Yilma | Mizan Law Review

    African Journals Online (AJOL)

    The current information age requires intellectual property laws to catch up with and proactively regulate unfolding technological realities. The dynamic advances in the domain of the Internet have thus necessitated corresponding changes in Ethiopias intellectual property legal regime including copyright laws in relation with ...

  7. GENDER ASPECTS OF INHERITANCE MANAGEMENT IN GEORGIA CULTURAL PRACTICES VS LAW REGULATIONS

    Directory of Open Access Journals (Sweden)

    Maia Araviashvili

    2014-12-01

    Full Text Available After gaining independence in 1991 Georgia adopted the new constitution, received liberal laws and joined international conventions, which formally guarantee gender equality. However, law regulations do not come in accordance with cultural values, and are not shared by society. Consequently, the problems of gender inequality are still vital issues in Georgian society. Traditionally, informal practice of dowry giving protected women and gave them independence in a new family. Nowadays, in Georgia a daughter and a son formally have equal access to their parent’s inheritance, but there are very rare cases when a woman demands her part of it. This is not justified by society to contend for the inheritance with a brother. Formal institutions are not strong to prevent this economic form of domestic violence. The methodology of the research is complex: expert interviews were recorded and analyzed, to study data about the inheritance registration and court records pertaining to inheritance litigations, the method of content analysis was used; apart from this, ethnographic resources and surveys were examined. The findings of the proposed research article provide a complex picture of this really vital problem still affecting the post-soviet Georgian society.

  8. Environmental law. 3. rev. ed.

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de

  9. JURIDICAL REGIME OF THE INTEREST IN THE ROMANIAN LAW. PARTICULAR CASE. COMPARISON BETWEEN THE REGULATIONS OF THE REMUNERATORY INTEREST VERSUS THE PENALIZING INTEREST, IN THE ROMANIAN BANKING LAW

    Directory of Open Access Journals (Sweden)

    Silvia Lucia Cristea

    2015-11-01

    Full Text Available The analysis of a case where the rate of the conventional interest is not specified made me investigate what is the maximal limit that can be obtained in this case, under the regulation in force, in the Romanian law (sect.1!To formulate a solution, I considered as necessary to analyze : the provision on the moratory damages (according to the Roman Civil Code and the putting of the debtor in default, in order to know what is the date starting from which the moratory damages are calculated (according to the Roman Civil Code-sect.2; the juridical regime of the interest (according to the Roman Bankin Law-sect.3;comparison between the remuneratory interest and the penalizing interest (according to the Roman Banking Law-sect.4;solution for the case and conclusions-sect. 5.

  10. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

  11. Constitutional relevance of atomic energy law

    International Nuclear Information System (INIS)

    Lettow, S.

    1980-01-01

    In a decision publicized on December 20, 1979 the German Federal Constitutional Court rejected a claim of unconstitutionality in connection with the licensing procedure of the Muelheim-Kaerlich Nuclear Power Station currently under construction. This constitutes confirmation, by the 1st Department of the Court, of a decision in 1978 by the 2nd Department about the Kalkar fast breeder power plant, in which the peaceful utilization of nuclear energy had been found to be constitutional. However, the new decision by the Federal Constitutional Court particularly emphasizes the constitutional relevance of the rules of procedure under the Atomic Energy Act and their function with respect to the protection of civil rights. (orig.) [de

  12. Internal Controls and Compliance with Laws and Regulations for the DOD Military Retirement Trust Fund Financial Statements for FY 1995

    National Research Council Canada - National Science Library

    1996-01-01

    ... No. 94-01, "Form and Content of Agency Financial Statements," November 16, 1993. In addition, we assessed the internal controls and compliance with laws and regulations related to the financial statements...

  13. Internal Controls and Compliance with Laws and Regulations for the DOD Military Retirement Trust Fund Financial Statements for FY 1996

    National Research Council Canada - National Science Library

    Lane, F

    1997-01-01

    ... No. 94-01, "Form and Content of Agency Financial Statements," November 16, 1993. In addition, we assessed the internal controls and compliance with laws and regulations related to the financial statements...

  14. Acoustofluidics 10: Scaling laws in acoustophoresis

    DEFF Research Database (Denmark)

    Bruus, Henrik

    2012-01-01

    In Part 10 of the thematic tutorial series “Acoustofluidics – exploiting ultrasonic standing waves forces and acoustic streaming in microfluidic systems for cell and particle manipulation”, we present and analyze a number of scaling laws relevant for microsystem acoustophoresis. Such laws...

  15. Business Law

    OpenAIRE

    Marson, James; Ferris, Katy

    2016-01-01

    Marson & Ferris provide a thorough account of the subject for students. Essential topics are introduced by exploring current and pertinent examples and the relevance of the law in a business environment is considered throughout. This pack includes a supplement which considers the effects of the Consumer Rights Act 2015.

  16. THE ROLE OF THE EMPLOYEES’ REPRESENTATIVES IN THE LIGHT OF THE NEW ROMANIAN SOCIAL DIALOGUE LAW

    Directory of Open Access Journals (Sweden)

    IULIA BADOI

    2012-05-01

    Full Text Available In the environment of constant social and legislative changes, the field of labor law, as part of the private law domain, is always a subject of debates. The year 2011 is a relevant benchmark for the major modifications brought to the field of labor law in Romania. The amendments of the labor law significant acts had as role to find efficient means of dialogue between the social partners. The legislative provisions represent only a premise for a successful social dialogue. In fact, the key of communication between the social partners is the negotiation. The employees’ representatives, as social partners, may represent the employees’ interests within a unit, in the absence of a union. In the light of the new Social Dialogue Law the employees’ representatives may also participate in negotiations even in the presence of a union organization. There is no doubt that the new Social Dialogue law and Labor Code inserted new concepts meant to facilitate the labor relationships and social dialogue. It’s only to be seen in which way these new regulations will affect the labor relationships.

  17. Laws and regulations associated with ownership of human biological material in South Africa

    Directory of Open Access Journals (Sweden)

    Kishen Mahesh

    2015-05-01

    Full Text Available Ownership with regard to human biological material (HBM is addressed to some extent within South African law, specifically in chapter eight of the National Health Act (NHA and its associated regulations. However, members of the legal fraternity struggle to conceptualise ownership of such materials without objectifying a person or people and risking reducing such individuals to a state of property. This then infers a reduction in human dignity by rendering one-self or parts of that same self as a commodity. The complexity of the issue raises much debate both legally as well as ethically. 

  18. Nevada Nuclear Waste Storage Investigations: A review of requirements for biological information in federal, state, and local environmental laws and regulations

    International Nuclear Information System (INIS)

    Collins, E.; O'Farrell, T.P.

    1987-01-01

    Biological information concerning Yucca Mountain collected since 1980 is evaluated to determine if it is sufficient to satisfy the requirements of the various federal, state, and local laws and regulations that pertain to environmental protection or to development of waste repositories. The pertinent requirements of each law are summarized, missing information is identified, and recommendations are made for studies to fill these gaps. 11 refs., 2 figs., 1 tab

  19. Law on protection against ionising radiation and nuclear safety in Slovenia

    International Nuclear Information System (INIS)

    Breznik, B.; Krizman, M.; Skrk, D.; Tavzes, R.

    2003-01-01

    The existing legislation related to nuclear and radiation safety in Slovenia was introduced in 80's. The necessity for the new law is based on the new radiation safety standards (ICRP 60) and the intention of Slovenia to harmonize the legislation with the European Union. The harmonization means adoption of the basic safety standards and other relevant directives and regulations of Euratom. The nuclear safety section of this law is based on the legally binding international conventions ratified by Slovenia. The general approach is similar to that of some members of Nuclear Energy Agency (OECD). The guidelines of the law were set by the Ministry of the Environment and Spatial Planning, Nuclear Safety Administration, and Ministry of Health. The expert group of the Ministry of Environment and Spatial Planning and the Ministry of Health together with the representatives of the users of the ionising sources and representatives of the nuclear sector, prepared the draft of the subject law. The emphasis in this paper is given to main topics and solutions related to the control of the occupationally exposed workers, radiation safety, licensing, nuclear and waste safety, and radiation protection of people and patients. (authors)

  20. How to opt into the Common European Sales Law? Brief comments on the Commission's proposal for a regulation

    NARCIS (Netherlands)

    Hesselink, M.

    2012-01-01

    Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The

  1. How to opt into the Common European Sales Law? Brief comments on the Commission's proposal for a regulation

    NARCIS (Netherlands)

    Hesselink, M.W.; Claeys, I.; Feltkamp, R.

    2013-01-01

    Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The

  2. Should virtual cybercrime be regulated by means of criminal law? A philosophical, legal-economic, pragmatic and constitutional dimension

    NARCIS (Netherlands)

    Strikwerda, Litska

    2014-01-01

    This paper will be about the question of whether or not virtual cybercrime should be regulated by means of criminal law. By virtual cybercrime I mean activities such as the stealing of virtual property or the killing of an avatar (a player's virtual representation) within the virtual worlds of

  3. Handbook for Military Justice and Civil Law

    National Research Council Canada - National Science Library

    2000-01-01

    .... When speaking of the "law of evidence" one does not refer to a single set of laws contained in a particular book; the law of evidence is to be found in the Constitution, statutes, court rules, court decisions, service regulations, scholarly writings, administrative decisions, and the common law.

  4. Legal means of the energy development in the respect of the environment in French law: research on the law of the sustainable development

    International Nuclear Information System (INIS)

    Grammatico, L.

    2003-05-01

    The energy regulation, in France, appears autonomous compared. to the environmental law. It was necessary to seek the reality of this autonomy, which resulted in analyzing its application at both national and community level. However, the autonomy of energy regulation has been kept in perspective through the influences of both public and economic policies, along with the general framework of life. This autonomy does not prevent the interdependence with environmental law. Indeed, the energy regulation is influenced by the environmental law, which can appear from differing viewpoints as either constraints for the energy sector or as opportunities. Here, the two regulations coexist with t:he environmental law trying to integrate completely with energy regulation. This seems to take place with difficulty through sustainable development, either requiring an evolution in traditional legal instruments or by the creation of new instruments. (author)

  5. INFLUENCE OF INTERNATIONALIZATION OF TAX LAW ON RUSSIAN TAX LAW ENFORCEMENT IN THE AREA OF CORPORATE TAXATION

    Directory of Open Access Journals (Sweden)

    Karina Ponomareva

    2017-01-01

    Full Text Available Subject. The influence of internationalization of tax law on Russian tax law enforcement in the area of corporate taxation is considered in the article.The purpose of the paper is to analyze influence of internationalization of tax law on Russian tax law enforcement in the area of corporate taxation.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and methods of comparative law.Results, scope of application. The development of Russian tax legislation is influenced by acts of international organizations, primarily the Action Plan aimed at combating base erosion and profit shifting (BEPS.Trends of regulation of corporate taxation in relationships with participation of a foreign element are considered in the article. The main issues of realization of norms in the area of corporate direct taxation are brought into light, and namely, taxation of royalties, intra-group expenses, thin capitalization rules and transfer pricing. Tax agreements concluded by the Russian Federation do not contain special rules aimed at combating abuses (in contrast, for example, from European anti-avoidance rules.In recent years Russian tax law introduced institutions that had been established and applied in the tax law of foreign countries. These processes are moving forward and are characterized by frequent changes of legislation, which indicates that the concept of deoffshorization and implementation of the BEPS plan is not always elaborated at the stage of adoption of bills.Conclusions. The author comes to the conclusion that the most relevant and most controversial issues are taxation of payment of royalties, debt financing and intra-group expenses. The practice of applying the CFC rules is just starts forming. In addition, there is a tendency to increase the quality and quantity of information sources used by tax authorities to collect

  6. Crossing boundaries: a comprehensive survey of medical licensing laws and guidelines regulating the interstate practice of pathology.

    Science.gov (United States)

    Hiemenz, Matthew C; Leung, Stanley T; Park, Jason Y

    2014-03-01

    In the United States, recent judicial interpretation of interstate licensure laws has found pathologists guilty of malpractice and, more importantly, the criminal practice of medicine without a license. These judgments against pathologists highlight the need for a timely and comprehensive survey of licensure requirements and laws regulating the interstate practice of pathology. For all 50 states, each state medical practice act and state medical board website was reviewed. In addition, each medical board was directly contacted by electronic mail, telephone, or US registered mail for information regarding specific legislation or guidelines related to the interstate practice of pathology. On the basis of this information, states were grouped according to similarities in legislation and medical board regulations. This comprehensive survey has determined that states define the practice of pathology on the basis of the geographic location of the patient at the time of surgery or phlebotomy. The majority of states (n=32) and the District of Columbia allow for a physician with an out-of-state license to perform limited consultation to a physician with the specific state license. Several states (n=5) prohibit physicians from consultation without a license for the specific state. Overall, these results reveal the heterogeneity of licensure requirements between states. Pathologists who either practice in multiple states, send cases to out-of-state consultants, or serve as consultants themselves should familiarize themselves with the medical licensure laws of the states from which they receive or send cases.

  7. Nuclear law reviewed

    International Nuclear Information System (INIS)

    1970-01-01

    When an Agency Seminar on the Development of Nuclear Law was held in Bangkok during April, those taking part included two previous trainees with the Agency's Legal Division. Both hold important positions with their national Atomic Energy Commissions, one as Legal Adviser and the other as Chief Legal Officer. All others who attended are closely associated with drafting laws and regulations for nuclear activities. (author)

  8. 46 CFR 560.5 - Receipt of relevant information.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Receipt of relevant information. 560.5 Section 560.5... FOREIGN PORTS § 560.5 Receipt of relevant information. (a) In making its decision on matters arising under... submissions should be supported by affidavits of fact and memorandum of law. Relevant information may include...

  9. Relevancy of Law No. 10 Year 2009 about Tourism Towards Creative Economy as a New Platform Of Tourism Development in Indonesia

    Directory of Open Access Journals (Sweden)

    Akiko Nada Atsmara

    2014-01-01

    Full Text Available It is necessary for human beings to become as creative as possible in order to maintain their viability. It can be said that human creativity emerges ever since the existence of humans on planet earth itself. Since year 2011 until now, Indonesia is the only country in the world having a big institution that uses the term creative economy that is the Ministry of Tourism and Creative Economy, formerly known as Ministry of Culture and Tourism. The emergence of the term Creative Economy itself hints that within the tourism development in Indonesia, the government is seeking to optimize creative economy sector, besides the country’s natural and cultural heritage. On the other hand, up until now Indonesia still uses the Law No. 10 Year 2009 about Tourism as a platform in Indonesia’s tourism development. This matter of course brings up challenges about several issues such as why does the government of Indonesia emphasizes on creative economy in their tourism development and is Law No. 10 Year 2009 about Tourism still relevant towards the development of creative economy in Indonesia. This research is based on a qualitative type, descriptive approach, and emphasize on the literature study.Keywords: Law No. 10 Year 2009, Creative Economy, Tourism Development

  10. 49 CFR 386.54 - Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations...

  11. The balancing of interests in environmental-law in the case of public interest in the use of renewable energies

    International Nuclear Information System (INIS)

    Unterpertinger, L.

    2015-01-01

    This study examines the conflict between the public interests in the use of renewable energy on the one hand and environmental protection on the other hand. Considering the current legal situation, the first part of the thesis elaborates on what theses concrete public interests are, and how they are regulated by law. Likewise, it shall be asked to what extent the legislator defines overriding public interests, and its impact on balance of interests. The second part focuses on balance of interests from an administrative law perspective. It overviews the current debates on whether balance of interests is meant to have discretion. In this context, the recent establishment of a two-level administrative jurisdiction has posed new questions. It is, therefore, necessary to conduct a profound analysis of the administrative control. With reference to the case law of the Administrative Court, it will also be shown that balance of interests is based on a proportional assessment. Moreover, with respect to the administrative procedures for hydropower projects, there is a relevant provision in the Austrian Water Act, which has specific characteristics, yet was interpreted inconsistently up to this point. Thus, this provision will be examined in detail. The relevant administrative body does not only use legal provisions, but also criteria documents which are internal administrative regulations. Those documents will be further discussed as well. (author) [de

  12. Some internationl law elements of national nuclear regulations from the Polish point of view

    International Nuclear Information System (INIS)

    Gadkowski, T.

    1992-01-01

    The essential contents of the Polish Nuclear Act from 1986 reflects on one hand needs and possibilities of the industrial use of nuclear energy and, on the other, international obligations of Poland. Poland is a State with a limited activity regarding to industrial use of nuclear energy; the main international-law elements of national nuclear regulations can be described as follows: 1. The good-neighborliness principle concerning the siting of nuclear installations in border areas. 2. An adequate concept of nuclear damage. 3. An adequate concept of liability for nuclear damage. (orig./HSCH)

  13. Transposition of the basic safety standards. Potential impact on French laws and regulations

    Energy Technology Data Exchange (ETDEWEB)

    Godet, J.L.; Perrin, M.M.; Saad, N.; Bardelay, C. [Autorite de Surete Nucleaire (ASN), Paris (France)

    2013-07-01

    The new proposal for a Council Directive laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation is about to be adopted. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 4 years after adoption of the final text. As far as France is concerned, these evolutions will mainly impact the labour code (for occupational issues) and the public health code for both legal and regulatory requirements. The most significant improvements of the current version of the project are the introduction of graded approach to regulatory control and the enhancement of requirements for protection against natural radiation sources (in particular exposure to radon and naturally occurring radioactive material). This project also aims at achieving a better harmonisation between Member States for topics such as the organization of radiation protection for workers, the justification of medical devices and non-medical imaging exposure situations. ASN has already identified major issues for the transposition of the Directive concerning both French laws and regulations. Main topics should concern the impact of ICRP terminology (planned exposure situation, existing exposure situation versus lasting exposure situation, reference level versus maximum activity level for exposure to radon..) and the extension of both justification and optimisation principles to new activities involving natural radiation sources, such as industries processing naturally occurring radioactive material. Furthermore, France will have to decide whether it will adjust some positions about the prohibition of nonmedical imaging exposures and the release of materials from regulatory control according to generic values. Indeed, the project mentions the possibility to introduce derogations to those major principles. Finally, and according to the graded approach, the project introduces a new

  14. 7 CFR 1900.102 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 12 2010-01-01 2010-01-01 false Applicable law. 1900.102 Section 1900.102 Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE... GENERAL Applicability of Federal Law § 1900.102 Applicable law. Loans made by FmHA or its successor agency...

  15. THE DEVELOPMENT OF INDONESIAN ISLAMIC LAW: A Historical Overview

    Directory of Open Access Journals (Sweden)

    Ahmad Yasa

    2015-06-01

    Full Text Available Islamic Law is a set of promoted regulations adjusting human relationship to the Creator, human being and the environment based on Islamic doctrines. The Islamic Law has been established in Indonesia and effectively implemented in Indonesian Religious Court based on Law Number 7 of 1989. The law covers the areas of marriage, inheritance, will, bequest, benefaction and alms. In addition, especially in Aceh, with its peculiar feature, Islamic Law has been applied normatively, and in several areas it has been applied based on Local Regulations. However to perform the Islamic Law, it depends on faith and piety of the members of Islam. Thereby, although the formal law in juridical manner of Islamic Law in Indonesia was justly applied in limited civil law, however the Muslim society have stepped forward in applying Islamic Law in various Islamic social institutions.

  16. The Relevance of Business Law Education for Future Accountants: A New Zealand Perspective

    Science.gov (United States)

    McCourt, Alison; Low, Mary; Tappin, Ella

    2013-01-01

    The importance of business law education is emphasised by the fact that there is a compulsory commercial law topic in the academic requirements for a chartered accountants' programme of study. However, researchers over time have pointed out that there was a gap between the legal awareness and understanding expected of graduate accountants and the…

  17. Law and Investment in Africa

    OpenAIRE

    Simplice A., Asongu

    2011-01-01

    Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...

  18. 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

  19. 50 CFR 404.12 - International law.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a...

  20. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

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

  1. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

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

  2. Government Contract Law (9th Edition)

    Science.gov (United States)

    1987-04-01

    This Ninth Edition, like its predecessors, will serve as the textbook for the Government Contract Law taught at the School of Systems and Logistics...drawn from Government Contract Law -Cases, 1987 edition, for a rounded approach to the subject. This edition of the text includes coverage of the...Government Contract Law complements the Federal Acquisition Regulation and provides a preventive law treatment for contracting personnel. While it may

  3. The ethics of international animal law

    OpenAIRE

    Kivinen, Tero

    2014-01-01

    This thesis analyzes international animal law, understood broadly as any international legal regulation pertaining to animals. The purpose of the thesis is to explain the moral implications of this branch of international law: how the law perceives the animal and how it believes animals ought to be treated. It attempts to do so by contrasting the law with moral philosophy pertaining to the status and treatment of animals as well as the core characteristics of the branch of animal law found in...

  4. 3-D bioprinting law regulation perspectives.

    Science.gov (United States)

    Pashkov, Vitalii; Harkusha, Andrii

    Achieved level of technical progress moves us closer and closer to practical use of 3-d bioprinting technologies in real life. Such perspective raise a wide variety of crucial legal issues from the acceptable model of regulation of the science and its' societal effects to problems of the commercialization of the technology and potential restrictions of its use. Some key points on concept of legal regulation of abovementioned sphere is a base of this study. Scientific discussion on 3-D bioprinting, European Union`s and US experience in patenting of 3-D bioprinting technologies, European Medicine Agency (EMA) or the US Food and Drug Administration (FDA) regulations, European Medical Technology Industry Association (EUCOMED) Acts. Article is based on dialectical, comparative, analytic, synthetic and comprehensive research methods. General debate of last few years comes down to an attempt to resolve hesitation between legal attempts for regulation of 3-D biobrinting and concept of complete prohibition of such activities. An adequate response to the mentioned challenge is a reasonable position between some aspects of prohibition and self-regulation, resulting in a moderate number of regulations and standards for developing and marketing. Such regulations may concern an intellectual property (IP) rights, regulation of distribution, premarket restrictions, control mechanism etc. Scientific approach and regulatory settlement of 3-D bioprinting sphere must unite to achieve a fair balance between the interests of humanity and of individuals - on the one hand, and development of science and business benefits for stakeholders - on the other. The main instruments for this must be balanced regulation of intellectual property (IP) rights, regulation of access and distribution, premarket restrictions, control mechanism etc.

  5. 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.

  6. European media law

    NARCIS (Netherlands)

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

    2008-01-01

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

  7. State-level school competitive food and beverage laws are associated with children's weight status.

    Science.gov (United States)

    Hennessy, Erin; Oh, April; Agurs-Collins, Tanya; Chriqui, Jamie F; Mâsse, Louise C; Moser, Richard P; Perna, Frank

    2014-09-01

    This study attempted to determine whether state laws regulating low nutrient, high energy-dense foods and beverages sold outside of the reimbursable school meals program (referred to as "competitive foods") are associated with children's weight status. We use the Classification of Laws Associated with School Students (CLASS) database of state codified law(s) relevant to school nutrition. States were classified as having strong, weak, or no competitive food laws in 2005 based on strength and comprehensiveness. Parent-reported height and weight along with demographic, behavioral, family, and household characteristics were obtained from the 2007 National Survey of Children's Health. Bivariate and logistic regression analyses estimated the association between states' competitive food laws and children's overweight and obesity status (body mass index [BMI]-for-age ≥85th percentile). Children (N = 16,271) between the ages of 11-14 years with a BMI for age ≥5th percentile who attended public school were included. Children living in states with weak competitive food laws for middle schools had over a 20% higher odds of being overweight or obese than children living in states with either no or strong school competitive food laws. State-level school competitive food and beverage laws merit attention with efforts to address the childhood obesity epidemic. Attention to the specificity and requirements of these laws should also be considered. Published 2014. This article is a U.S. Government work and is in the public domain in the USA.

  8. 31 CFR 10.32 - Practice of law.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Practice of law. 10.32 Section 10.32... of law. Nothing in the regulations in this part may be construed as authorizing persons not members of the bar to practice law. ...

  9. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

    Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

  10. Problems and legislative remedies of the parallel law systems in Japan for nuclear power reactors

    International Nuclear Information System (INIS)

    Irie, Kazutomo

    2011-01-01

    There are two established laws governing nuclear power reactors in Japan. One is the Electricity Utilities Industry Law, which regulates the nuclear power reactors, and the other is the so-called 'Reactor Regulation Law', which dually regulates the reactors in some phases. When a graded approach on the regulation of nuclear reactors was adopted, it extended over these two laws and was legislatively imperfect. Such imperfection created problems from the beginning. Also, the original regulatory structures presented by these laws had become obscure during the operation process of the graded regulation. The situation becomes further complicated by the revision of these laws in recent years. It appears that the trait of the regulatory procedural structure of the Electricity Utilities Industry Law has been weakened. As there is a pressing need to review the entire regulatory structure and to propose a unified regulatory system by combining these laws, this paper examines the merits and demerits of combining these laws under a unified regulation. (author)

  11. Law in orbit

    International Nuclear Information System (INIS)

    Whitehouse, D.

    1988-01-01

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

  12. Private law

    DEFF Research Database (Denmark)

    working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... blind reviewed and edited for quality. They represent the contributions of leading academics, early career researchers and others from an increasing number of countries, universities and institutions around the world. They set a benchmark for discussion of the current issues arising in the subject area...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...

  13. ‘Fortress Europe’: Compliance of the Dublin II Regulation with the European Convention for the Protection of Human Rights and Fundamental Freedoms

    Directory of Open Access Journals (Sweden)

    Joanna Lenart

    2012-06-01

    Full Text Available Recently, the Dublin II Regulation, a cornerstone of the emerging Common European Asylum System, has been gravely criticised, especially in context of the living conditions and general situation of asylum seekers in Greece. The main concerns regard the potential noncompliance of the Dublin II Regulation with the European Convention on Human Rights ('ECHR', particularly with Article 3 - the prohibition of torture or inhuman or degrading treatment. This article examines the competing views in this respect. It analyses the relationship between EU law and the ECHR, protection of rights of refugees under the 1951 Convention relating to the Status of Refugees and main deficiencies of the Dublin II Regulation. The analysis starts with the non-equivalent protection of asylum seekers throughout the EU and finishes with the very limited definition of a family member and case law relevant to the principle of non-refoulement. This article concludes that the Dublin II Regulation per se cannot be deemed noncompliant with the ECHR. However, it emphasises the urgent need to change relevant legal provisions, or at least enforcement, and proposes possible solutions therein.

  14. Community perspectives on the use of regulation and law for obesity prevention in children: A citizens' jury.

    Science.gov (United States)

    Street, Jackie M; Sisnowski, Jana; Tooher, Rebecca; Farrell, Lucy C; Braunack-Mayer, Annette J

    2017-05-01

    Childhood obesity is a significant challenge for public health internationally. Regulatory and fiscal measures propagated by governments offer a potentially effective response to this issue. Fearing public criticism, governments are often reluctant to use such measures. In this study we asked a descriptively representative and informed group of Australians their views on the use of legislation and fiscal measures by governments to address childhood obesity. A citizens' jury, held in South Australia in April 2015, was asked to consider the question: What laws, if any, should we have in Australia to address childhood obesity? The jury agreed that prevention of obesity was complex requiring multifaceted government intervention. Recommendations fell into the areas of health promotion and education (n=4), regulation of food marketing (n=3), taxation/subsidies (n=2) and a parliamentary enquiry. School-based nutrition education and health promotion and mandatory front-of-pack interpretive labelling of food and drink were ranked 1 and 2 with taxation of high fat, high sugar food and drink third. The recommendations were similar to findings from other citizens' juries held in Australia suggesting that the reticence of decision makers in Australia, and potentially elsewhere, to use legislative and fiscal measures to address childhood obesity is misguided. Supporting relevant informed public discussion could facilitate a politically acceptable legislative approach. Copyright © 2017 Elsevier B.V. All rights reserved.

  15. Revise of the law concerning prevention from radiation hazards due to radioisotopes, etc

    International Nuclear Information System (INIS)

    Sakamoto, Yoshiaki; Sendo, Muneaki

    2004-01-01

    The Law Concerning Prevention from Radiation Hazards due to Radioisotopes, etc. was revised in 2004. The regulation about disposal of RI waste was fixed at this revise of the law. Regulation of an application about the disposal of the RI waste was added to former radioactive waste control business. And regulation of confirmation of waste disposal by a regulation body was added. By this law revision, a necessary system for the RI waste disposal is ready. Furthermore, the Basic Safety Standard (BSS) and the following rationalization of related to regulation were introduced into the Law Concerning Prevention from Radiation Hazards due to Radioisotopes, etc. by this law revision. The regulation for a handling of radionuclides will be changed a lot due to the introduction of the BSS. (author)

  16. Constitutional collisions of criminal law

    Directory of Open Access Journals (Sweden)

    Sergey M. Inshakov

    2016-12-01

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

  17. A study of influences of the workers' compensation and injury management regulations on aviation safety at a workplace.

    Science.gov (United States)

    Yadav, Devinder K; Nikraz, Hamid; Chen, Yongqing

    2016-01-01

    As the aviation industries developed, so too did the recognition that there must be an effective regulatory framework to address issues related to the workers' compensation and rehabilitation. All employees would like to work and return home safely from their workplace. Therefore, the efficient management of workplace injury and disease reduces the cost of aviation operations and improves flight safety. Workers' compensation and injury management laws regulate a majority of rehabilitation and compensation issues, but achieving an injury-free workplace remains a major challenge for the regulators. This paper examines the clauses of the workers' compensation and injury management laws of Western Australia related to workplace safety, compensation, and rehabilitations of the injured workers. It also discusses various provisions of common law under the relevant workers' health injury management legislations.

  18. Environmental protection - Penal Law. Umweltschutz-Strafrecht

    Energy Technology Data Exchange (ETDEWEB)

    Sack, H J

    1980-01-01

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

  19. International and European regulations in the energy law: selected issues

    International Nuclear Information System (INIS)

    Schwarz, F.

    2010-01-01

    This work deals with four selected legal aspects or issues in the energy sector, which are mainly located in the international, European and at the interface to national law. The first question is 'The status of the investor to the Energy Charter' and addresses issues regarding the investor position and their characteristics according to the Energy Charter Treaty. The second question is 'aspects of energy competence under the Treaty of Lisbon' and deals among others questions with the new energy expertise offense, as well as direct investment. The third issue, titled 'The admissibility of ownership unbundling' illuminates terms of a proposal, which plan a full ownership unbundling of transmission system operators, in more detail. The fourth issue is 'aspects for the implementation of directive 2006/32/EC' and deals with aspects of the implementation of this directive in Austria. This work is making an attempt to shed light on these questions and their issues in more detail by also taking into account the Austrian perspectives. In my view the energy sector is an economically important and politically embossed area that always has a current relevance to daily life and will raise more legal questions in future. (kancsar) [de

  20. 29 CFR 530.201 - Conflict with State law.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Conflict with State law. 530.201 Section 530.201 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS EMPLOYMENT... Conflict with State law. No certificate will be issued pursuant to § 530.101 of subpart B above authorizing...

  1. Law and Finance in Africa

    OpenAIRE

    Simplice A. Asongu

    2012-01-01

    This paper assesses how legal origin influences financial development through regulation quality and the rule of law. It employs all the dimensions identified by the Financial Development and Structure Database of the World Bank. The law channels are instrumented with legal origins to account for financial intermediary dynamics of depth, efficiency, activity and size. The results broadly support the benefits of law mechanisms in financial development. The findings only show partial support fo...

  2. 14th German nuclear law symposium

    International Nuclear Information System (INIS)

    Burgi, Martin

    2013-01-01

    Nuclear law is still relevant and topical. The nuclear power phase-out in response to the nuclear accident of Fukushima and the turnaround in German energy policy raise new legal issues. In several lectures of practioners and scientists the 14th German Nuclear Law Symposium examined questions regarding the retrofitting of nuclear power plants, their decommissioning and disposal, the current developements in the European nuclear and radiation protection law and the search for a final nuclear waste repository. The nuclear law provides examples for central challenges of administrative law, such as the independence of authorities and the protection of third parties. The discussions between the almost 150 participants are documented in several reports.

  3. The Nuclear Safety Convention - does it confirm existing German law, and update international law?

    International Nuclear Information System (INIS)

    Lindemann, C.

    1995-01-01

    Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de

  4. Punishability of office-holders in environmental law

    International Nuclear Information System (INIS)

    Papier, H.J.

    1988-01-01

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

  5. Concretization of rules of law in the field of environmental law

    International Nuclear Information System (INIS)

    Kunert, F.J.

    1989-01-01

    The article deals with the relation between administrative standardization and decisions on a particular case. The author discusses the question whether the legislator may assign the task of concretizing rules of law exclusively to the top executive powers who are entitled to issue administrative regulations, or whether this task may in certain cases be achieved by way of decisions on a particular case. The question is discussed against the background of the principles of exercise of discretion, and the character and functions of administrative regulations. The article is arranged in two parts, entitled as follows: Impulses given by the environmental law, and should standardization prevail over individual decisions in administrative law matters? The author explains the development of the practice of the courts referring to the Voerde judgment of the Federal Administrative Court, the Wyhl judgment of the Federal Constitutional Court, (1982), another judgment in the Wyhl case given by the Fed. Administrative Court in 1985, and the decision of the Lueneburg Higher Administrative Court in the case of the Buschhaus power plant. (RST) [de

  6. A Chemically Relevant Model for Teaching the Second Law of Thermodynamics.

    Science.gov (United States)

    Williamson, Bryce E.; Morikawa, Tetsuo

    2002-01-01

    Introduces a chemical model illustrating the aspects of the second law of thermodynamics which explains concepts such as reversibility, path dependence, and extrapolation in terms of electrochemistry and calorimetry. Presents a thought experiment using an ideal galvanic electrochemical cell. (YDS)

  7. Relevant documents to IAEA regulations for the safe transport of radioactive materials

    International Nuclear Information System (INIS)

    El-Shinawy, R.M.K.; Sabek, M.G.; Gomma, M.

    1998-01-01

    IAEA regulations for the safe transport of radioactive materials provide standards for insuring a high level of safety of people, property, and environment against radiation, contamination, and criticality hazards as well as thermal effects associated with the transport of radioactive materials. IAEA routinely publishes technical reports which are relevant to radioactive material transportation such as INTERTRAN, directory of transport packaging test facilities, and others. A case study was performed to assess the impact of transporting radioactive materials through the suez canal using the two computer codes namely INTERTRAN and RADTRAN-4 which are part of IAEA technical documents. A comparison of the results of these two codes is given

  8. Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States

    Directory of Open Access Journals (Sweden)

    Stanislav E. Kuzmin

    2015-01-01

    Full Text Available The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the

  9. 12 CFR 213.9 - Relation to state laws.

    Science.gov (United States)

    2010-01-01

    ... interpretative responsibilities for the state consumer leasing law, may apply to the Board for a preemption determination. (b) Exemptions—(1) Application. A state may apply to the Board for an exemption from the... LEASING (REGULATION M) § 213.9 Relation to state laws. (a) Inconsistent state law. A state law that is...

  10. Law, autonomy and advance directives.

    Science.gov (United States)

    Willmott, Lindy; White, Ben; Mathews, Ben

    2010-12-01

    The principle of autonomy underpins legal regulation of advance directives that refuse life-sustaining medical treatment. The primacy of autonomy in this domain is recognised expressly in the case law, through judicial pronouncement, and implicitly in most Australian jurisdictions, through enactment into statute of the right to make an advance directive. This article seeks to justify autonomy as an appropriate principle for regulating advance directives and relies on three arguments: the necessity of autonomy in a liberal democracy; the primacy of autonomy in medical ethics discourse; and the uncontested importance of autonomy in the law on contemporaneous refusal of medical treatment. This article also responds to key criticisms that autonomy is not an appropriate organising principle to underpin legal regulation of advance directives.

  11. ABOUT THE RECENT INTERPRETATION OF CJEU IN THE MATTER OF UNFAIR TERMS OF CONSUMER CREDIT CONTRACTS RELEVANT MEANINGS FOR THE NATIONAL CASE LAW

    Directory of Open Access Journals (Sweden)

    Gina Orga-Dumitriu

    2014-11-01

    Full Text Available The original formula established by the EU legislator for the repression of unfair terms (by the use of the criteria for the establishment of the abusive character – the lack of negotiation of the clause, the significant unbalance between the rights and obligations of the parties and the infringement, by the professional, of the good faith requirement was consolidated by the developments made at case law level through the exercise, by the Court in Luxembourg, of its interpretative function. The study starts with a diachronic view of the solutions that highlighted the manifest tendency of CJEU to provide the effective protection of consumers by the admission of the judicial control performed ex officio over the unfair terms in Océano Grupo, Mostaza Claro and Cofidis, such judgments being also reconfirmed on occasion of the ulterior interventions from Pannon GSM, Asturcom Telecomunicaciones and Pénzügyi Lízing or, with particular reference to the consumer credit contracts, in Banco Español de Crédito and, lately, in Aziz (I. Afterwards, following a general description of the casuistic background of the disputes between credit consumers and banks in Romania (II, the analysis of the juridical meanings of the interpretations related to the recent Kásler case law from the 30th of April 2014, respectively Sánchez Morcillo and Abril García case laws from the 17th of July 2014 may not be extended also by the realistic assessment of the effects thereof in our national law and of the (potential implications that are relevant for the Romanian courts of law (III.

  12. Features of Responsibility for Commission of Tax Crimes Regulation under the Criminal Legislation of England

    Directory of Open Access Journals (Sweden)

    Ekaterina I. Gruzinskaya

    2014-03-01

    Full Text Available In the present article, author discusses features of regulating liability for tax offenses in British criminal law. Author researches question of taxation criminalization. Author emphasizes that it is important to separate tax evasion (illegal different ways from tax optimization (within the law. Author analyzes concept of "tax fraud", which can be defined as the deliberate actions of person to reduce taxes and committed through falsification of documents relevant to the tax authorities. In addition author considers tax fraud and other forms of criminal actions on the tax system under the British law, including tax cuts, tax resistance and refusal to pay taxes. Author concludes that forms of British economic crime compositions, depending on the way they were committed differentiates criminal liability. This question is more relevant in the process of punishment individualization because not all fraudulent evasion techniques will actually produce a much greater danger to society than "passive avoidance".

  13. Theoretical points of view on the notion of cause (consideration of contracts in the Serbian doctrine of civil law till the adoption of the law on obligations

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2011-01-01

    Full Text Available In this paper the author analyzes the different points of view on the notion of cause (consideration in contract in the Serbian doctrine of civil law as until the adoption of the Law on Obligations in 1978. Having in mind that the Law, adhering to the normative solutions of the French Civil Code, explicitly regulates the institution of cause of contract, as one of the conditions of formation and validity of contract, its adoption can certainly be considered as an event of a watershed importance in respect of the analysis of various theoretical points of view on the notion of cause of contract in the Serbian literature. The fact that the institution of cause of contract had not been explicitly regulated in Serbian positive law as until the adoption of Law on Obligations had its effect on the evolution of doctrine in this period in two ways. On one hand, the range of differing theoretical points of view was very wide, covered as good as all the relevant streams in the doctrine of cause, from the ones accepting this institution (so-called causalistic theories to the ones denying its legal significance in any sense (so-called anticausalistic theories. By the adoption of the Law on Obligations in 1978 the notion of cause of contract became a legal institution in Serbian positive law that had a profound impact on the evolution of doctrine. On one hand, the cause of contract was not a neglectable legal notion any more, therefore it seems entirely logical that there is as good as no authority since then who has not dedicated to the notion of cause of contract an article or two, or at least a separate part in their textbooks. On the other hand, the determination of the legislator to assign the Serbian legal system to the family of legal systems in which the notion of cause of contract is stipulated as one of conditions of formation and validity of contract, led to the shrinkage of the diapason of various, often conflicting, points of view on cause of

  14. Labour Law Patrimonial Liabilities. General Aspects

    Directory of Open Access Journals (Sweden)

    Georgiana COVRIG

    2014-06-01

    Full Text Available The damages under labour law are assessed according to special legal provisions and in the absence of such regulations, civil law regulations must be applied in relation to the prices at the time at which the agreement of will was made or the damaged person may bring the action before the court. In the case of goods’ damage, the damage assessment is done in all cases taking into account the real degree of wear of the asset.

  15. 43 CFR 422.3 - Reclamation law enforcement policy.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Reclamation law enforcement policy. 422.3 Section 422.3 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS § 422.3 Reclamation law enforcement policy. The law enforcement...

  16. 32 CFR 776.57 - Unauthorized practice of law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Unauthorized practice of law. 776.57 Section 776... Rules of Professional Conduct § 776.57 Unauthorized practice of law. (a) Unauthorized practice of law. A... law in a jurisdiction where doing so is prohibited by the regulations of the legal profession in that...

  17. Report made on behalf of the commission of economic affairs about the proposal of law aiming at authorizing the end-users to get back to the regulated power supply tariff, about the proposal of law aiming at authorizing the reversibility of the use of eligibility rights for the purchase of electric power, and about the proposal of law aiming at preserving the purchasing power of households by maintaining the regulated prices of electricity and natural gas

    International Nuclear Information System (INIS)

    2007-01-01

    This report concerns the examination of three proposals of law in relation with the regulated prices of electricity and gas. Since July 1, 2007, the French households can freely quit their historical energy supplier and subscribe to other suppliers with de-regulated energy prices. In front of the rise of free energy prices observed during the last years, some households who made the choice of free tariffs have encountered serious financial problems. For this reason, a law is proposed by the commission of economic affairs which aims at allowing the end-users to get back to the regulated tariffs of electricity and gas. (J.S.)

  18. Laws on technical safety. Vol. 1

    International Nuclear Information System (INIS)

    Eberstein, H.H.; Strecker, A.

    1981-01-01

    Loose-leaf collection containing the full text of 1) Law on the safety of technical equipment and materials, with administrative regulations and ordinances; 2) Section 24 of the Trading and Industrial Code, and ordinance on the use of compressed air; 3) Ordinance on the handling of hazardous materials; 4) Working Site Ordinance; 5) Law concerning works doctors, safety engineers and other personnel responsible for occupational safety; 6) Law for the protection of minors in working conditions; 7) Atomic Energy Law; 8) Radiation Protection Ordinance; 9) X-ray Ordinance; 10) Law on hazardous chemical substances; 11) Law on the carriage of dangerous goods. (HP) [de

  19. Atomic energy laws in Germany

    International Nuclear Information System (INIS)

    Lukes, R.H.P.

    1980-01-01

    The regulations of German atomic energy laws are based in large on the fundamental law of the Federal Republic of Germany-the constitution. Atomgesetz of 1959, as amended on October 31, 1976, constitutes the core of atomic energy laws (Atomrecht), and is supplemented by orders (Verordnungen). The Federal Republic has the right to legislate Atomrecht, and the enforcement of such laws and orders is entrusted to each province. The peaceful uses of radioactive materials are stipulated by Atomgesetz and orders. Atomgesetz seeks two objects, first it is to enable the handling of radioactive substances for the acquisition of energy, medical treatment, food treatment and the harmless examination of things by radioactive materials, and secondly to ensure the protection from danger in the handling of such materials. The control of radioactive materials by the state including imports and exports, storage and possession, disposal and processing, etc., is established by the law to secure the protection from danger of atomic energy. The particular indemnification responsibility for the harm due to radiation is defined in Atomgesetz, and only the owners (Inhaber) of atomic energy facilities are liable for damage. The violation of the regulations on the transaction of radioactive materials is punished by fines up to 100,000 German marks of imprisonment of less than five years. Orders are established on roentgen ray, the protection from radiation, the treatment of foods by electron beam, gamma ray, roentgen ray or ultraviolet ray and the permission of medicines. The regulations of the EURATOM treaty have legality as Atomrecht. (Okada, K.)

  20. Air pollution control regulation. [Japan

    Energy Technology Data Exchange (ETDEWEB)

    Sogabe, K

    1975-05-01

    The Basic Law for Environmental Pollution Control is reviewed. The fundamental ideology of pollution control, range of pollution control, environmental standards, and national policy concerning pollution control are discussed. The content of the Air Pollution Control Law is summarized. The purpose of the Air Pollution Control Law, a list of substances regulated by the law, the type of facilities regulated by the law, control standards, type of control means, and emission standards for flue gas (sulfur oxides, particulate matters, and toxic substances) are described. The environmental standard for each pollutant and the target date for achieving the environmental standard are also given. The list of cities where the 7-rank K value control regulation for SOx is enforced is given. The procedure for registration in compliance with the law is also described.

  1. Environmental law. Important laws and ordinances for environmental protection. As of July 1, 1989. 5. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    1989-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment.The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de

  2. Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

    OpenAIRE

    Altynbekkyzy Alua; Bekezhanov Dauren Nurzhanovich

    2017-01-01

    The relevance of comparative analysis of legal regulation of environmental protection is due to several reasons. Firstly, it expands the boundaries of interpretation of legal norms and acts of environmental law. Secondly, it allows relying on experience in the latest achievements of legislative activity in developed countries. Thirdly, taking into consideration the legislative mistakes of other countries, it helps to avoid similar mistakes in the process of improving Kazakh legislation. And f...

  3. Online Law Dictionaries

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2012-01-01

    Online dictionaries that assist users in writing legal texts in English as a foreign language are important lexicographic tools. They can help law students bridge the factual and linguistic gaps between the two legal universes involved. However, existing online law dictionaries with English...... as the target language primarily focus on terms, but students also need to write the remainder of the texts in factually and linguistically correct English. It is therefore important to have a sound theoretical foundation before embarking on a dictionary project that aims to help law students communicate...... in English as a foreign language. The function theory of lexicography offers an appropriate basis as it focuses on three key concepts: user needs, user competences, and user situations. It is proposed that online dictionaries should be designed to satisfy the lexicographically relevant user needs...

  4. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

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

  5. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

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

  6. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory...... developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally.......Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human...

  7. Rehabilitating the regulative use of reason: Kant on empirical and chemical laws.

    Science.gov (United States)

    McNulty, Michael Bennett

    2015-12-01

    In his Kritik der reinen Vernunft, Kant asserts that laws of nature "carry with them an expression of necessity" (A159/B198). There is, however, widespread interpretive disagreement regarding the nature and source of the necessity of empirical laws of natural sciences in Kant's system. It is especially unclear how chemistry-a science without a clear, straightforward connection to the a priori principles of the understanding-could contain such genuine, empirical laws. Existing accounts of the necessity of causal laws unfortunately fail to illuminate the possibility of non-physical laws. In this paper, I develop an alternative, 'ideational' account of natural laws, according to which ideas of reason necessitate the laws of some non-physical sciences. Chemical laws, for instance, are grounded on ideas of the elements, and the chemist aims to reduce her phenomena to these elements via experimentation. Although such ideas are beyond the possibility of experience, their postulation is necessary for the achievement of reason's theoretical ends: the unification and explanation of the cognitions of science. Copyright © 2015 Elsevier Ltd. All rights reserved.

  8. Internal Controls and Compliance With Laws and Regulations for the FY 1996 Financial Statements of the "Other Defense Organizations" Receiving Department 97 Appropriations

    National Research Council Canada - National Science Library

    1997-01-01

    The overall audit objective was to assess internal controls and compliance with laws and regulations and to review and evaluate the adjustments to the FY 1996 "Other Defense Organizations" financial statements...

  9. Environmental impact evaluation: law no. 16.466 of 1994 01 14 and regulations

    International Nuclear Information System (INIS)

    2007-01-01

    No.16.466 law of January 9, 1994, known as the Law on Prevention and Environmental Impact Assessment EIA or just law is probably the law marked the beginning of a new generation of environmental standards in Uruguay, together with other like Hazardous Waste Act (Act 17 220 1999), the law of Natural Protected Areas System (Law 17 234 2000) and especially the General Law Protection Environment (Law no. 17 283 of November 28, 2000), but which also reaches to the Constitution of the Republic, with the inclusion of environment in the new wording of Article 47 of the 1996 reform.

  10. VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Alina Leția

    2013-11-01

    Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

  11. European Corporate Law

    DEFF Research Database (Denmark)

    Dorresteijn, Adriaan; Teichmann, Christoph; Werlauff, Erik

    , and the United Kingdom are taken into account; Italy is now included in this new edition. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located...... initiatives in such aspects of the corporate environment as regulation of financial institutions and non-financial reporting obligations with a view to sustainability and other social responsibility concerns. The authors, all leading experts in European corporate law, describe current and emerging trends...

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

    OpenAIRE

    Brîndușa Vartolomei

    2015-01-01

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

  13. [International experience in the legal regulation of the circulation of medicines through the prism of the law of the world trade organization].

    Science.gov (United States)

    Pasechnyk, Olena V; Hendel, Nataliia V

    2018-01-01

    Introduction: The development of international legal cooperation in the field of health has largely been driven by the trade interests of states. The aim: The article analyzes the legal regulation of the circulation of medicines through the prism of the law of the World Trade Organization. Materials and methods: Using the historical legal method has allowed to analyze the genesis of legal regulation of the circulation of medicines through the prism of the law of the World Trade Organization. The dialectical method is widely used, in particular, when it comes to the issue of the ratio of market regulation of medicines circulation and public health protection, the formal logic method, in particular, in formulating the general principles, principles and methods of legal regulation in the field of medicines, as well as the systemic method, in particular, in defining the institutional component of legal regulation in the field of medicines. Review: The activities of the WTO include several areas related to health protection: international control over infectious diseases, international legal regulation of food safety (food security), tobacco control, environmental protection, international legal aspects of access and treatment of medicinal and pharmaceutical products, international legal regulation of medical services provision. Conclusions: It is proved that the right to health is a right to access to medicines. However, for many developing countries, it is problematic to obtain patents for the production of necessary medicines or to pay a license fee, which creates a barrier to the realization of the right to health.

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

    Directory of Open Access Journals (Sweden)

    Mirjanić Željko

    2014-01-01

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

  15. Comparative study of conditions and instruments of economic regulation of networked public services

    International Nuclear Information System (INIS)

    Henry, Claude; Curien, Nicolas; Gassner, Katharina; Krom, Hans de

    1999-11-01

    In order to provide a comparative view on implemented regulations regarding networked public services like electric power distribution, train transport, telecommunications, or mail services, this collective publication gathers six studies which respectively address the cases of Germany, Spain, Italy, the Netherlands, the United Kingdom, and Sweden. For each of them, the authors report, analyse and discuss the evolution and implementation of regulation or deregulation processes, the content of the relevant laws which can be specific to a sector, the role and the importance of public and private actors, and the market status and operation

  16. 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....

  17. Environmental protection - Penal Law. 2nd ed.

    International Nuclear Information System (INIS)

    Sack, H.J.

    1980-01-01

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

  18. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1980-01-01

    The law intends under the principles of the atomic energy act to regulate the refining, processing and reprocessing businesses of nuclear raw and fuel metarials and the installation and operation of reactors for the peaceful and systematic utilization of such materials and reactors and for securing public safety by preventing disasters, as well as to control internationally regulated things for effecting the international agreements on the research, development and utilization of atomic energy. Basic terms are defined, such as atomic energy; nuclear fuel material; nuclear raw material; nuclear reactor; refining; processing; reprocessing; internationally regulated thing. Any person who is going to engage in refining businesses other than the Power Reactor and Nuclear Fuel Development Corporation shall get the special designation by the Prime Minister and the Minister of International Trade Industry. Any person who is going to engage in processing businesses shall get the particular admission of the Prime Minister. Any person who is going to establish reactors shall get the particular admission of the Prime Minister, The Minister of International Trade and Industry or the Minister of Transportation according to the kinds of specified reactors, respectively. Any person who is going to engage in reprocessing businesses other than the Power Reactor and Nuclear Fuel Development Corporation and the Japan Atomic Energy Research Institute shall get the special designation by the Prime Minister. The employment of nuclear fuel materials and internationally regulated things is defined in detail. (Okada, K.)

  19. Nuclear law within the field of tension between engineering and law

    International Nuclear Information System (INIS)

    Lukes, R.

    1978-01-01

    Technical safety laws - legal regulations concerned with requirements made on the state and the behaviour of industrial production facilities, production and production - is getting more voluminous. However, as in a lot of cases undefined legal terms are used, the intensity of regulation decreases. The concretization of undefined legal terms by courts leads to requirements becoming unpredictable, as the Voerde and Wyhl decisions have shown. To a limited extent, legal standards which are to regulate technical matters can be formulated more clearly. However, other forms of concretization have to be looked for. (orig.) [de

  20. 12 CFR 226.28 - Effect on State laws.

    Science.gov (United States)

    2010-01-01

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

  1. Comparison of the Canadian and US Laws, Regulations, Policies, and Systems of Oversight for Animals in Research.

    Science.gov (United States)

    Griffin, Gilly; Locke, Paul

    2016-05-01

    The Canadian and United States' approaches to oversight of animals in research are both based on the "3Rs" principles outlined in Russell and Burch's classic text, The Principles of Humane Experimental Technique. Each country seeks to protect the welfare of animals, while permitting the legitimate goals of scientific research to be attained according to the legal principles, cultures, and strengths and constraints of their jurisprudential and societal traditions. Canada is one of the most decentralized federations in the world, and regulation of activities is based to a great extent on custom and practice. The United States is more hierarchical and, at least with respect to laws governing animal research, more centralized. Accordingly, the Canadian approach is rooted in the concepts of social contracts, with a greater emphasis on guidance and policy and less reliance on legislation. No federal (national) direct legislation of laboratory animal welfare exists, although the federal government uses its criminal and spending authorities to shape behavior. The central feature of the Canadian system is the Canadian Council on Animal Care, which was formed to support universities and government departments involved in animal-based science. Animal care committees play a central role in implementing the guidelines and policies in facilities that carry out animal research. The United States has enacted two federal (national) laws applicable to animals in research. The Animal Welfare Act is a more traditional, command-and-control law that gives authority to the US Department of Agriculture to promulgate regulations, inspect facilities, and enforce violations. The Health Research Extension Act, which amended the US Public Health Services (PHS) Act, applies to any activity conducted or supported by the PHS, including research efforts supported by the US National Institutes of Health. It is largely nonregulatory and establishes a system of assurances and policies that covered

  2. Law of the cloud: on the supremacy of the user interface over copyright law

    Directory of Open Access Journals (Sweden)

    Primavera De Filippi

    2013-07-01

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

  3. Public regulators and CSR

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2016-01-01

    of such public regulatory governance, this article explores and explains developments towards a juridification of CSR entailing efforts by public regulators to reach beyond jurisdictional and territorial limitations of conventional public law to address adverse effects of transnational economic activity. Through...... analysis of an expansion of law into the normative framing of what constitutes responsible business conduct, we demonstrate a process of juridification entailing a legal framing of social expectations of companies, a proliferation of law into the field of business ethics, and an increased regulation by law...

  4. 40 CFR 258.3 - Consideration of other Federal laws.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 24 2010-07-01 2010-07-01 false Consideration of other Federal laws... CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS General § 258.3 Consideration of other Federal laws. The owner... rules, laws, regulations, or other requirements. ...

  5. 26 CFR 509.102 - Applicable provisions of law.

    Science.gov (United States)

    2010-04-01

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

  6. 45 CFR 5.68 - Exemption seven: Law enforcement.

    Science.gov (United States)

    2010-10-01

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

  7. Energy law '90

    International Nuclear Information System (INIS)

    1990-01-01

    The International Bar Association's Section on Energy and Natural Resources Law selected eight key topics for discussion at their ninth seminar in the Netherlands in 1990. Only two papers specifically related to nuclear power and these were within the topic of environmental issues facing the energy industries. Both papers dealt with the legal aspects of nuclear plants sited near national borders and covered international law and the need for standardized regulations and agreements on issues such as environmental impacts, safety, radiological protection, public information and emergency plans in case of accidents. (UK)

  8. Nuclear Law Bulletin Index Nos. 1 to 99

    International Nuclear Information System (INIS)

    2017-01-01

    This new edition of the Nuclear Law Bulletin Index covers the first 99 issues of the Nuclear Law Bulletin (NLB). By established practice, the plan of the Index is not a replica of the Bulletin, as it was considered more useful for research purposes to group together all the information concerning legislative and regulatory activities, case law and bilateral agreements and to classify this information by country. Following classification by country, references to the work of international organisations, multilateral agreements, studies and articles are set out in separate sections. The 'Bibliography and News Briefs' section is omitted from the Index. A separate chapter of the Index has been devoted to the listing of the instruments published in the Supplements to the Bulletin, or in the Chapter 'Texts' from past Bulletins, up until the present date. Each item in the Index is followed by a reference to the relevant Bulletin. Legislative and regulatory texts, as well as agreements reproduced in the Bulletins or their Supplements, are also referenced. Plan of index: 1 - Reports and commentary 1a - Classification by country Legislative and regulatory activities (Environmental protection, Food irradiation, General legislation, regulations and instruments, International co-operation, Liability and compensation, Licensing and regulatory infrastructure, Nuclear installations, Nuclear safety and radiological protection - including nuclear emergency planning, Nuclear security, Nuclear trade - including non-proliferation, Nuclear-powered ships, Organisation and structure, Radioactive materials - including physical protection, Radioactive waste management, Transport of radioactive materials); Case law; Administrative decisions; Agreements; 1b - International organisations; 1c - Multilateral agreements; 2 - Studies and articles; 3 - Texts reproduced in the nuclear law bulletin; 3a - Classification by country; 3b - International organisations; 3c

  9. The nullum crimen sine iure principle in contemporary International Law

    Directory of Open Access Journals (Sweden)

    Hector Olásolo Alonso

    2014-03-01

    Full Text Available This paper deals with the evolution and current content of the nullum crimen sine iure principle in international law. It analyses the development of the nullum crimen principle from its definition as a principle of justice at the end of Second World War, to its current definition as an individual right imposing a limitation upon States’ sovereignty. The article also explains that, nowadays, the nullum cri- men principle requires for the relevant conduct to be a crime at the time of its com- mission, according to any of the sources of criminal law in the relevant national or international legal system. No written law is necessarily required. As a result, accessibility and foreseability are the main elements of the nullum crimen principle in current international law.

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

    Directory of Open Access Journals (Sweden)

    Loretta Feris

    2014-12-01

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

  11. The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

    Directory of Open Access Journals (Sweden)

    Abdullah Gofar

    2017-07-01

    Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

  12. How four U.S. states are regulating recreational marijuana edibles.

    Science.gov (United States)

    Gourdet, Camille; Giombi, Kristen C; Kosa, Katherine; Wiley, Jenny; Cates, Sheryl

    2017-05-01

    Sales of edible marijuana products have been strong in Colorado and Washington State since the legalization of recreational marijuana. Initially, these states did not have comprehensive labelling or packaging requirements in place. In response to increases in marijuana-related emergency room visits and poison control centre calls, additional regulations were implemented. Currently, Alaska, Colorado, Oregon, and Washington each have passed into law various labelling and packaging requirements for edibles. This article presents the primary legal research findings of relevant statutes and regulations for edibles in Alaska, Colorado, Oregon, and Washington. These laws were identified by using Boolean terms and connectors searches in these states' legal databases in LexisNexis. Alaska, Colorado, Oregon, and Washington vary greatly in how they regulate labelling and packaging. Colorado, Oregon and Washington require a Universal Symbol to be affixed to edibles, but only Oregon and Washington require that the use of pesticides be disclosed on the label. Only Colorado and Oregon require that the packaging for edibles bear a Nutrition Facts Panel on the label. Δ 9 -Tetrahydracannabinol (THC) in a single serving or single edible product as Alaska and Oregon. All four states prohibit the manufacture or packaging of edibles that appeal to youth. State laws governing recreational marijuana edibles have evolved since the first recreational edible products were available for sale. Alaska, Colorado, Oregon, and Washington now require edible product labels to disclose a variety of product information, including risk factors associated with consumption. However, there still remain concerns about the regulatory gaps that exist in each of these states, inherent difficulties in enforcing laws around the labelling, packaging, and manufacturing of edibles, and the outstanding question of whether these edible laws are actually informing consumers and keeping the public safe. Copyright

  13. 29 CFR 825.701 - Interaction with State laws.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Interaction with State laws. 825.701 Section 825.701 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS THE FAMILY... Agreements on Employee Rights Under FMLA § 825.701 Interaction with State laws. (a) Nothing in FMLA...

  14. Internal Controls and Compliance With Laws and Regulations for the Defense Finance and Accounting Service Working Capital Fund Financial Statements for FY 1998

    National Research Council Canada - National Science Library

    1999-01-01

    .... The Director, Defense Finance and Accounting Service (DFAS), who is the fund manager of the DFAS Working Capital Fund, is responsible for establishing and maintaining adequate internal controls and for complying with applicable laws and regulations...

  15. New Tool to Draft National Nuclear Laws. Second Nuclear Law Handbook Available Online

    International Nuclear Information System (INIS)

    Kaiser, Peter

    2011-01-01

    Drafting new national nuclear laws and reviewing existing laws and regulations requires extensive and specialized expertise. For many countries this represents a significant challenge. The IAEA's legislative assistance programme was established to help Member States adopt adequate national nuclear legislation. In 2003, the legistlative assistance programme published the Handbook on Nuclear Law. The reference text provides a fundamental understanding of the key elements and principles of national nuclear legislation. The Handbook is widely utilized by Member States, industry and experts. A second volume of the Handbook was released during the IAEA's 54th General Conference, which convened in Vienna from 20 to 24 September 2010.

  16. Environmental law. 6. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    1991-01-01

    This pocketbook contains major federal regulation on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environments law is devided as follows: Constitutional law on the environment. Common administative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters waste management, protection against nuisances, nuclear energy are radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. The transitional provisons required for estaslishing the unified Germany are given in an annex. (orig.) [de

  17. The Second Look in European Union Competition Law

    DEFF Research Database (Denmark)

    Sørensen, Jakob B; Torp, Kristian

    2017-01-01

    Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside...... the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally...... a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries....

  18. Bio fuels in the framework of law of the World Trade Organization under special consideration of their ecologically relevant properties; Biokraftstoffe im Rechtsregime der WTO unter besonderer Beruecksichtigung ihrer umweltrelevanten Eigenschaften

    Energy Technology Data Exchange (ETDEWEB)

    Kahl, Hartmut

    2008-07-01

    The increasing world market for bio fuels urgently needs a framework of law which regulates the conflict potentials of the cultivation of energy plant. Under this aspect, the author of the contribution under consideration reports on the trade with bio fuels in the World Trade Organization and discusses the legal negotiability of sustainability criteria for the production of bio fuel. Apart from the creation of a specific duty nomenclature for the new product line, straight in the agrarian sector the regulations of the world trade law for national subsidies are to be considered. With bio fuels from non-ecologic production, the contract texts permit import-controlling and marketing-adjusting measures to the World Trade Organization while the extraterritorial employment of the genetic engineering only is limited controllable by according to commercial law instruments. The mutual obligations of some members of the World Trade Organization also can play a role in the public procurement department if bio fuels become the criterion with the national placing of orders. For developing countries, the World Trade Organization law plans some special arrangements which facilitate their participation in the bio fuel trade. The contribution under consideration is addressed to lawyers, decision makers and advisors in politics and authority practice.

  19. Information Warfare and International Law

    National Research Council Canada - National Science Library

    Greenberg, Lawrence T; Goodman, Seymour E; Soo Hoo, Kevin J

    1998-01-01

    .... Some legal constraints will certainly apply to information warfare, either because the constraints explicitly regulate particular actions, or because more general principles of international law...

  20. Protecting Biodiversity: National Laws Regulating Access to Genetic ...

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

    This book is the first to compare such laws and policies across a range of countries in ... and developing worlds, including Argentina, Canada, Colombia, Costa Rica, ... conservation, the environment, intellectual property, and related issues; ...

  1. Bowett's law of international institutions

    CERN Document Server

    Sands, Philippe

    2009-01-01

    Bowett's Law of International Institutions is the leading introduction to this complex, important and growing area of international law, with increasing significance for developments at the national level. Covering all the major global, regional and judicial institutions and all international organisations that regulate aspects of development and providing an introductory overview of the law of international organisations, including international courts and tribunals as a whole. The book offers a basic framework, insights into some of the more essential issues, and indications of where to find more detail. Bowett's is essential reading for students of international law and international relations and will also be of considerable interest to lawyers practising in the area.

  2. 7 CFR 360.400 - Preemption of State and local laws.

    Science.gov (United States)

    2010-01-01

    ... local laws. (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political... of the Plant Protection Act, the regulations in this part preempt all State and local laws and... 360.400 Agriculture Regulations of the Department of Agriculture (Continued) ANIMAL AND PLANT HEALTH...

  3. 14 CFR 243.15 - Conflict with foreign laws.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Conflict with foreign laws. 243.15 Section... PROCEEDINGS) ECONOMIC REGULATIONS PASSENGER MANIFEST INFORMATION § 243.15 Conflict with foreign laws. (a) If a... portion of this part is not required because of a conflict with applicable foreign law. [Doc. No. OST-95...

  4. Triblex thematic analysis of the case law of the ILO Administrative Tribunal

    CERN Document Server

    International Labour Organization. Geneva

    Triblex is a thematic database on the case law of the Administrative Tribunal of the International Labour Organization, which hears complaints from serving and former officials of the ILO, or of one of the thirty-odd international organizations that recognise its jurisdiction, about breach of the terms of their appointment or staff rules or regulations. Relevant passages of the Tribunal's reasoning can be located in the Triblex database in various ways, mainly using terms (descriptors) from the Triblex Thesaurus. The database is in English and French and can be searched in either language. It is intended for litigants, counsel, staff representatives, personnel managers and anyone with an interest in the law of the international civil service. Triblex est une base de données thématique sur la jurisprudence du Tribunal administratif de l'Organisation internationale du Travail. La saisine du Tribunal est ouverte aux fonctionnaires ou anciens fonctionnaires du Bureau international du ou des normes statutaires o...

  5. The regulations for enforcing the law concerning prevention from radiation hazards due to radioisotopes

    International Nuclear Information System (INIS)

    1979-01-01

    The regulations are wholly revised under the law concerning prevention from radiation hazards due to radioisotopes and the provisions of the order for enforcing the law. Basic concepts and terms are defined, such as: employee engaged in radiation work; person regularly entering into the controlled area; the maximum permissible exposure dose; accumulative dose; the maximum permissible accumulative dose; the maximum permissible concentration in the air; the maximum permissible concentration under water; the maximum permissible surface density. The application for permission of the uses shall be made according to the form attached and include as appendix following documents: copy of register of the applicant legal person; plane drawings of the works or the enterprise and their surroundings in reduced scales and with directions, centering on facilities in use, of storage and disposal, etc. The report of the uses shall list name and address of the user, object and method of the uses, and include as annex copy of register of the user legal person and papers explaining the expected date of beginning and the period of the uses, etc. Standards of the uses, refilling, storage, transport and disposal are in detail stipulated. Specified measures shall be taken for measurement, prevention of radiation hazards, finding out of persons injured by radiation and others. (Okada, K.)

  6. The regulations for enforcing the law concerning prevention from radiation hazards due to radioisotopes

    International Nuclear Information System (INIS)

    1978-01-01

    These provisions are established on the basis of and to enforce the ''Law for the prevention of radiation hazards due to radioisotopes'' and the Enforcement Order for the ''Law concerning the prevention of radiation hazards due to radioisotopes''. The Regulation includes the definitions of terms, applications for the permission of the use of radioisotopes, standards on usage, obligation of measurement, persons in charge of radiation, etc. Terms are explained, such as persons engaging in radiation works, persons who enter at any time the control areas, radiation facilities, maximum permissible exposure dose, cumulative dose, maximum permissible cumulative dose, maximum permissible concentration in the air, maximum permissible concentration in water and maximum permissible surface density. The applications for permission in written forms are required for the use, sale and abandonment of radioisotopes. Radioisotopes or the apparatuses for generating radiation shall be used in the using facilities. The measurement of radiation dose rate, particle flux density and contamination due to radioisotopes shall be made with radiation-measuring instruments. At least one person shall be chosen as the chief radiation-handling person in each factory, establishment, selling office or abandoning establishment by a user, a trademan or a person engaged in abandonment of radioisotopes. The forms for the application for permission, etc. are attached. (Okada, K.)

  7. Federal approaches to the regulation of noncigarette tobacco products.

    Science.gov (United States)

    Freiberg, Michael J A

    2012-11-01

    Under a grant funded by ClearWay Minnesota(SM) and in partnership with nationally recognized experts in tobacco product regulation, the Public Health Law Center investigated how laws at every level apply, or fail to apply, to noncigarette tobacco products--also called "other tobacco products." During the years 2010-2011, standard legal research techniques were used to identify and compile relevant statutes, regulations, decisions, pleadings, proposals, and related materials. Sources included standard commercial legal databases such as LexisNexis and Westlaw, online sources for pending rules and legislation, and direct contact with courts for legal pleadings and unpublished decisions. These legal authorities related to many aspects of the regulation, including price, flavorants, youth access, marketing restrictions, and product design of other tobacco products. Five of these products were used as case studies: dissolvable tobacco products, electronic cigarettes, little cigars, snus, and water pipes. Research during the years 2010-2011 revealed that the federal regulation of other tobacco products lags behind the regulation of more "traditional" tobacco products, such as cigarettes and moist snuff. Federal regulatory options to expand regulation of these products were identified. The article highlights several federal policy interventions that would address gaps in the regulation of other tobacco products. The FDA must determine whether these interventions will benefit public health and, if so, to what extent--the legal criteria for intervention under the federal Family Smoking Prevention and Tobacco Control Act. Copyright © 2012 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

  8. 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

  9. Themes in nuclear law; Temas de Derecho Nuclear

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2003-07-01

    The nuclear law was analyzed during a workshop. The main aspects were: the law of population to access to information on nuclear energy and the relationship between the Regulator Organism and the nuclear power plants managers.

  10. 40 CFR 403.4 - State or local law.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 28 2010-07-01 2010-07-01 true State or local law. 403.4 Section 403.4... GENERAL PRE-TREAT-MENT REGULATIONS FOR EXIST-ING AND NEW SOURCES OF POLLUTION § 403.4 State or local law... prohibitions, established by State or local law as long as the State or local requirements are not less...

  11. 31 CFR 91.14 - Penalties and other law.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Penalties and other law. 91.14... CONDUCT IN OR ON THE BUREAU OF THE MINT BUILDINGS AND GROUNDS § 91.14 Penalties and other law. Whoever...). Nothing contained in the regulations in this part shall be construed to abrogate any other Federal laws or...

  12. LAW ENFORCEMENT PREPAREDNESS FOR THE IMPLEMENTATION OF INDONESIA’S LAW ON JUVENILE JUSTICE SYSTEM

    Directory of Open Access Journals (Sweden)

    Dani Krisnawati

    2014-03-01

    Full Text Available Paradigmatic changes stipulated in Law Number 11 of 2012 on Juvenile Justice System, including regulations concerning restorative justice and diversion require the competency and skills of the law enforcement officers. This research identifies measures that have been taken and the existing barriers in preparing for the implementation of this Law. The research demonstrates that the readiness of the investigators and child prosecutors are merely limited to the outreach of Law Number 11 of 2012, whilst knowledge of the court judges only covers the draft Law. The number of officers receiving outreach is limited and should be increased. Negative perception on the officers due to the risk of a bribery accusation is feared to hamper the implementation of diversion regulation based on a restorative justice. Perubahan paradigmatik yang termuat dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak, termasuk diantaranya ketentuan mengenai keadilan restoratif dan diversi, memerlukan kompetensi dan keahlian aparat penegak hukum. Penelitian ini mengidentifikasi langkah yang telah dilakukan dan kendala persiapan implementasi Undang-Undang tersebut. Hasil penelitian memperlihatkan bahwa kesiapan penyidik dan penuntut umum anak masih terbatas pada partisipasi sosialisasi Undang-Undang Nomor 11 Tahun 2012, sedangkan hakim anak memiliki pengetahuan hanya pada Rancangan Undang-Undang. Jumlah aparat yang menerima sosialisasi Undang-Undangmasih terbatas dan perlu ditingkatkan jumlahnya. Pandangan negatif terhadap aparat karena bisa menimbulkan dugaan suap dikhawatirkan menjadi penghambat diterapkannya ketentuan diversi dengan pendekatan keadilan restoratif.

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

    Directory of Open Access Journals (Sweden)

    Daniel BERLINGHER

    2014-12-01

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

  14. Taxation of Income from Selling Property: Changes of New Income Tax Law Draft

    Directory of Open Access Journals (Sweden)

    Canatay HACIKÖYLÜ

    2016-12-01

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

  15. Contemplations on the further development of nuclear law

    International Nuclear Information System (INIS)

    Mahlmann, W.

    1977-01-01

    Various considerations on the further development of nuclear law are made. The necessity is pointed out to do away with the 'jungle of regulations' and to regain more legal security and transparency in nuclear law. (HP) [de

  16. Public international law and civil law liability for compensation for damages by virtue of international environmental law

    International Nuclear Information System (INIS)

    Rest, A.

    1982-01-01

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

  17. One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

    OpenAIRE

    Werner Krawietz

    2014-01-01

    In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

  18. Globalization, Inequality & International Economic Law

    Directory of Open Access Journals (Sweden)

    Frank J. Garcia

    2017-04-01

    Full Text Available International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be examined for how it may contribute to the lessening of inequality. To do so will require a shift in the way that we think, in order to address inequality as a problem of an emerging global market society, and how best to regulate that society and its institutions.

  19. General presentation of nuclear law

    International Nuclear Information System (INIS)

    Nercy, B. de

    1981-01-01

    This article defines the characteristics and origin of nuclear law, in particular the recent existence of this legal discipline in view of the novelty of atomic energy and the need to take into account radiation protection of workers and the population, the increasing internationalisation of this law, and the importance given to non-proliferation physical protection and to control of nuclear activities. Following an analysis of the main international regulations elaborated in the respective frameworks of Euratom, NEA/OECD and IAEA, the author reviews French legislation in this field and finally, he describes the principal fields of application of nuclear law. (NEA) [fr

  20. Soil erosion and sediment control laws. A review of state laws and their natural resource data requirements

    Science.gov (United States)

    Klein, S. B.

    1980-01-01

    Twenty states, the District of Columbia, and the Virgin Islands enacted erosion and sediment control legislation during the past decade to provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and/or urban lands. That legislation and the state programs developed to implement these laws are quoted and reviewed. The natural resource data requirements of each program are also extracted. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws. Laws which provides for legislative review of administrative regulations and LANDSAT applications and/or information systems that were involved in implementing or gathering data for a specific soil erosion and sediment control program are summarized as well as principal concerns affecting erosion and sediment control laws.

  1. Reasons for deficiencies in health information laws in Iran.

    Science.gov (United States)

    Moghaddasi, Hamid; Hosseini, Azamol-sadat; Sajjadi, Samad; Nikookalam, Maryam

    2014-01-01

    Laws, regulations, and guidelines are necessary external stimuli that influence the management of health data. They serve as external mechanisms for the reinforcement and quality improvement of health information. Despite their inevitable significance, such laws have not yet been sufficiently formulated in Iran. The current study explores reasons for inadequacies in the health information laws. In this descriptive study, health-related laws and regulations from the United States, the United Kingdom, and Iran were first collected, using a review of the literature and available data. Then, bearing in mind the significant deficiencies in health information laws in Iran, the researchers asked a group of managers and policy makers in the healthcare field to complete a questionnaire to explore the reasons for such deficiencies. A test-retest method was used to determine the reliability of the questionnaire. Descriptive statistics and tables were then used to analyze the data. Experts' opinion on reasons for deficiencies in health information laws and regulations in Iran are divided into four principal groups: cultural conditions of the community, the status of the health information system, characteristics of managers and policy makers in the healthcare field, and awareness level among public beneficiaries about laws. The health departments or ministries in developed countries have brought about suitable changes in their affiliated organizations by developing external data enhancement mechanisms such as information-related laws and standards, and accreditation of healthcare organizations. At the same time, healthcare organizations, under obligations imposed by the external forces, try to elevate the quality of information. Therefore, this study suggests that raising healthcare managers' awareness of the importance of passing health information laws, as an effective external mechanism, is essential.

  2. Nuclear Law Bulletin No. 99. Volume 2017/1

    International Nuclear Information System (INIS)

    Burns, Stephen G.; Lamm, Vanda; Pelzer, Norbert; Popov, A.; ); Chirtes, A.P.; ); Raetzke, C.; Chennoufi, F.; Beyens, M.; Vandeputte, G.; Saric, J.; Touitou-Durand, F.; Pelzer, N.; Adomaityte, U.; Pavlovic, P.; Skraban, A.; Carroll, S.; Averbach, A.; Brown, O.; Irving, I.; Joyner, D.

    2017-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include: 'Reformed and reforming: Adapting the licensing process to meet new challenges'; 'Reflections on the development of international nuclear law'; and 'Facing the challenge of nuclear mass tort processing'

  3. Environmental law. 2. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Koch, H.J. (ed.) [Hamburg Univ. (Germany). Forschungsstelle Umweltrecht

    2007-07-01

    The text book under consideration already is addressed to lawyers and students of jurisprudence. It enables an introduction into the general environmental law and consists of sixteen autonomous chapters: (a) International law in the field of ecology (Matthias Buck, Roda Verheyen); (b) European and national environmental constitutional law (Johannes Caspar); (c) General environmental administrative law (Ulrich Ramsauer); (d) Pollution abatement law (Hans-Joachim Koch); (e) Water protection law (Silke Laskowski, Cornelia Ziehm); (f) Recycling economy law and waste management law (Martin Dieckmann, Moritz Reese); (g) Nature conservation law (Christian Maass, Peter Schuette); (h) Soil conservation law and contaminated sites law (Nikolaus Herrmann); (i) Energy legal regulations as an instrument of environmental protection (Wolfgang Ewer); (j) Atomic energy law (Klaus Jankowski); (k) Genetic engineering law (Ursula Prall); (l) Law of hazardous materials (Eckhard Pache); (m) Environmental law in planning law (Nikolaus Hermann); (n) Environment and traffic (Philipp Hermann, Ekkehard Hofmann); (o) Agriculture and ecology (Ulf-Henning Moeker); (p) Liberal trade and environmental protection (Matthias Buck).

  4. South African law and policy regulating learner absenteeism

    African Journals Online (AJOL)

    Packard Bell

    Department of Psychology of Education, College of Education, University of ... Keywords: ecosystemic theory; learner absenteeism; management approach; South African law and policy ..... learners, but can also be cultural and systemic ..... tesis. Pretoria, Suid-Afrika: Universiteit van Suid-. Afrika. Beskikbaar te .... Phd thesis.

  5. Technical standards in the law of technical safety

    International Nuclear Information System (INIS)

    Marburger, P.

    1985-01-01

    Technical standards are of great importance for the closer definition of inexact terms of law, for instance ''generally accepted technical rules'', ''state of the art'', ''state of science and technology'' or similar normative terms, in the law of technical safety. The paper discusses with whom the authority for regulating this sector of law rests, deals with the different ways of how technical standards are used by the law (''anticipated expert opinion'', reference to such standards in law and administration) and points out demands on the procedure of standardization. (orig.) [de

  6. A Comparison of Child Protection Law Between Indonesia and Malaysia

    OpenAIRE

    Jauhari, Iman

    2014-01-01

    This paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content analysis method of a variety of relevant references is used and a comparative approach to child protection law in Indonesia and Malaysia is taken. There are many similarities between childprotection law in Malaysia and Indonesia, in which both systems specify the state, family, and parents...

  7. National regulations for diagnostics in health surveillance, therapy and compensation of hand-transmitted vibration injury in Japan.

    Science.gov (United States)

    Yamada, Shin'ya

    2002-01-01

    During the period of technological innovation and rapid economic development, portable power tools were introduced on a large scale in Japan. Vibration disease from the operation of those tools and its prevention and therapy became urgent social problems in the 1970s. This paper aims to introduce national regulations in Japan for diagnostics in the health surveillance, certification, therapy and compensation of vibration disease and evaluates them in the present perspective. Relevant laws, regulations and administrative directives were described in chronological order. Effect of those laws, regulations and directives were evaluated by statistics. Relevant regulations were established in 1947 and were revised in the 1960s and 1970s. According to those regulations, administrative directives were issued. Relevant vibration-disease statistics improved from the 1970s to 1990s. The annual ratio of workers examined was 95% to 100% in national forests (NFs), 47.3% in 1980 and 40.8% in 1990 in private industry (PI). The number of workers certified in NFs was 1,796 from 1971-1975, with a decrease to nine from 1991-1995, while in PI there were 9,783 from 1976-1980, decreasing to 2,331 from 1991-1995. However, in the construction industry the number increased again in the 1990s. The top four workers certified by the type of tool from 1994-1997 were operators of rock drills, chainsaws, pick hammers and concrete vibrators. The annual number of workers under treatment (at highest level) was 3,605 (1982; NFs) and 13,501 (1987; PI), with a decrease to 3,481 (1997; NFs) and 8,958 (1997; PI). Regulations for compensation covered 3,670 workers from 1965 to 1997 (NFs) and 22,723 from 1976 to 1997 (PI) in medical treatment benefits, and 189 (NFs) and 15,448 (PI) in disability benefits during the same term. The national regulations developed in Japan since 1965 for health surveillance, certification, therapy and compensation of hand-transmitted vibration disease have proven effective for

  8. Is the State of Indonesia In Charge to Provide Law Protection to the Indonesian Migrant Workers ?

    Science.gov (United States)

    Rahayu, D.

    2018-01-01

    Right to work is assured in the regulation of 1945 Constitution (amendment) Article 28 D Clause (2) mandating that every person deserves to work and in return they get wages, fair and proper treatment in the relation of employment. Working as migrant worker is accessible job opportunity, especially to people who have low education and skill with promising income. Many case facedto the migrant worker. It is necessary to analyze how the state’s position in providing protection to its citizens experiencing problems overseas. Country has the right to protect its citizens overseas and to intervene diplomatically. It cannot provide direct protection because if there is a criminal act committed by Migrant Worker of Indonesia, then the applicable law is the law of country where the Migrant Worker works. The actual protection is to make bilateral agreements with the destination country. Law No 39 Year 2004. Article 77 regulates the right to obtain protection from pre-placement, placement period to post-placement. Employment or the right to work is one of human rights that is the right to social freedom, namely the right to meet the basic needs. Regarding the legal protection for women migrant workers, the relevant human rights theory used is the natural rights theory because the right to work in this case is the right that every human being possesses

  9. CIVIL AND CRIMINAL RULES OF THE BABYLONIAN LAW

    Directory of Open Access Journals (Sweden)

    Ion Tutuianu

    2013-12-01

    Full Text Available By its age and principles, Babylonian law has drawn attention of all epochs, laying at the basis of scientific development of modern law. The regulation, more than 4000 years ago, of property, family, obligations, public administration, succession, probation principle, represents the proof that the institutions which today regulate these aspects, have been a preoccupation for mankind ever since its beginning. Even if penalties were distributed depending on social status, a progressive element is represented by the fact that the act could only be punished if it met the condition of intent. The legal monument of this system of law, Hammurabi Code, has an important signification by the fact that upon that date, the law and the judges aimed at ensuring life to citizens and to guarantee them certain rights, considerably more than other countries in the epoch. It is striking that in antiquity, the right of succession lies all the children regardless of the number of marriages and criminal aspect beyond class character, crimes regulation retained the substance, the changes incurred on penalties take into account the evolution of human rights, as how malpractice mutilation was replaced by pecuniary or administrative penalty.

  10. the harmonisation and approximation of commercial laws

    African Journals Online (AJOL)

    While the trade protocols have been adopted and much has been made of the harmonisation of stock exchange listing requirements and central banking regulation, it is an effort at harmonising corporate law that is noticeably absent. This article focuses on the harmonisation of business law including the supporting financial ...

  11. Nuclear laws and radiologic accidents

    International Nuclear Information System (INIS)

    Frois, Fernanda

    1997-01-01

    Some aspects of the nuclear activities in Brazil, specially concerning the Goiania s accident are demonstrated using concepts from environmental and nuclear law. Nuclear and environmental competence, the impossibility of the states of making regional laws, as the lack of regulation about the nuclear waste, are discussed. The situation of Goiania when the accident happened, the present situation of the victims and the nuclear waste provisionally stored in Abadia de Goias is reported

  12. Source index A: Federal law, without agreements under international law. As of December 31, 1994

    International Nuclear Information System (INIS)

    1995-01-01

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

  13. 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

  14. Environmental impact statement law and environmental impact statement administration regulation

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1991-01-01

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

  15. CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

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

  16. Company Risk-related Disclosures in a Code Law Country: A Synopsis

    Directory of Open Access Journals (Sweden)

    Jonas Oliveira

    2013-03-01

    Full Text Available This synopsis provides a concise historical contextualisation of current risk disclosure issues, highlights major factors influencing contemporary risk reporting practices, and engages in a reflective overview of four recently published papers on aspects of corporate risk-related disclosures in a code law country, Portugal. The breadthand depth of our analysis is modest. Nonetheless we report findings indicating that risk-related disclosures are inadequate, lack transparency, and compound the difficulty of assessing the risk profile of a company. We contend that recent regulation initiatives have been of dubious effectiveness in improving the quality of riskinformation disclosed. In respect of the Portuguese context, we find that companies disclose risk-related information principally to reduce agency costs and to enhance corporate reputation. We contend that enhanced corporate accountability would be more likely to ensue if further disclosures of relevant risk-related information were mandated. One mechanism to do so would be through regulations recommended by the International Integrated Reporting Committee (IIRC.

  17. Nuclear fuel cycle and legal regulations

    International Nuclear Information System (INIS)

    Shimoyama, Shunji; Kaneko, Koji.

    1980-01-01

    Nuclear fuel cycle is regulated as a whole in Japan by the law concerning regulation of nuclear raw materials, nuclear fuel materials and reactors (hereafter referred to as ''the law concerning regulation of reactors''), which was published in 1957, and has been amended 13 times. The law seeks to limit the use of atomic energy to peaceful objects, and nuclear fuel materials are controlled centering on the regulation of enterprises which employ nuclear fuel materials, namely regulating each enterprise. While the permission and report of uses are necessary for the employment of nuclear materials under Article 52 and 61 of the law concerning regulation of reactors, the permission provisions are not applied to three kinds of enterprises of refining, processing and reprocessing and the persons who install reactors as the exceptions in Article 52, when nuclear materials are used for the objects of the enterprises themselves. The enterprises of refining, processing and reprocessing and the persons who install reactors are stipulated respectively in the law. Accordingly the nuclear material regulations are applied only to the users of small quantity of such materials, namely universities, research institutes and hospitals. The nuclear fuel materials used in Japan which are imported under international contracts including the nuclear energy agreements between two countries are mostly covered by the security measures of IAEA as internationally controlled substances. (Okada, K.)

  18. The accounting law and the Globalisation Era

    Directory of Open Access Journals (Sweden)

    Gheorghe LEPĂDATU

    2010-06-01

    Full Text Available The accounting law appeared as a new procedure together with the globalisation period and the knowledge economy. The accounting information relevance for company patrimony approach is both an economic theoretical issue and an accounting law one. Apart from the norms regarding significance breakeven and economic axiom, contractual aspects are also important. The most precise, organized and significant data can be obtained only from accounting. In this way, managers and administrators would like to get information ignoring the real capacity of accounting as much as possible. For this kind of situations, it is the accounting law that puts things into light.

  19. 29 CFR 570.129 - Relation to other laws.

    Science.gov (United States)

    2010-07-01

    ... Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION General Statements of Interpretation of the Child Labor... employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance...

  20. The Vulnerable Subject of Negligence Law

    OpenAIRE

    Stychin, C.

    2012-01-01

    The approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law...

  1. The Existence of Customary Rights of Customary Law Community and Its Regulation in the Era of Special Autonomy of Papua

    Directory of Open Access Journals (Sweden)

    Roberth Kurniawan Ruslak Hammar

    2018-03-01

    Full Text Available The protection and recognition of ulayat rights of customery law community is a constitutional obligation as written in 1945 constitution Verse 18B. Therefore, bettering knowledge and comprehension of ulayat rights in every tribe existed in Papua is believed as an effort to minimize potential conflicts among government, businessman and indigenous people of Papua. In addition, the knowledge and understanding should be legitimated as the local law as a means to accelerate the regional development as well as community’s welfare. This research was conducted in Arfak people from 2008 to 2009 and continued in 2016. The purpose of this research is to investigate the existence of ulayat rights in indigenous people of Arfak. It is a normative-empirical study that was analyzed by descriptive qualitative method. This study showed that: (1 the protection and implementation of ulayat rights is found in the constitution number 21 year 2001 and implemented in Special Regional Law number 23 year 2008 which says “the ulayat rights of indigenous people is acknowledged and protected by the nation, government, provincial government, district and is implemented by a committee and accommodated in regent or major’s policy.” (2 Indigenous people of Arfak have a graded ulayat rights which are great tribe of Arfak and the smaller tribes which consist of Hatam, Sougb, Meyah, ulayat rights of Mnu, ulayat rights of Keret and the family, as well as the regulation and use of ulayat rights is regulated by their own Mananir.

  2. Naval Law Review, Volume 50, 2004

    National Research Council Canada - National Science Library

    Noone, Gregory P; Fleming, Christian P; Morean, Robert P; Danner, Jr., John V; Fluhr, Jr., Philip N; Shapiro, Jonathan I; Hodgkinson, Sandra L; Romero, Joseph; Yim, Anthony; Galvin, Joseph E

    2004-01-01

    ...: Issues in Modern Warfare," by Commander Gregory P. Noone, et al. This article discusses the history of the treatment of prisoners of war, the law of armed conflict as it pertains to them, and relevant U.S. policy...

  3. 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)

  4. Nuclear Law Bulletin No. 96. Volume 2015/2

    International Nuclear Information System (INIS)

    Reynolds, M.; Thiele, L.; Touitou-Durand, F.; Pelzer, N.; Tafili, V.; Manually, Y.; Adomaityte, U.; Adamczyk, K.; Nowacki, T.; Chiripus, V.; Pistekova, Z.; Skraban, A.; Knopp Pisi, S.; Hoang, V.; Rothschild, T.; Durand, A.; Rivera, S.R.; Salter, I.

    2015-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Treaty implementation applied to conventions on nuclear safety' and 'Crisis, criticism, change: Regulatory reform in the wake of nuclear accidents'. (authors)

  5. Religious Values and Conflict of Laws

    Directory of Open Access Journals (Sweden)

    Sara Tonolo

    2016-02-01

    Abstract: The wide evolution of private international law is currently recalling attention to the general aspects of the discipline. Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should also deal with individual identities. To the extent that the European systems have hitherto offered to the application of foreign laws, we are faced with the problem of survival in Europe of an idea of the personality of laws. In fact it’s generally accepted that conflict of laws faces the individual identities of people involved in international relations. Cultural identity may be considered collective and individual at the same time, because each member of the group has an identity of its own. Religious values ontribute to defining the cultural identity of individuals: be it in Europe or other countries, cultures, values, civilization, religion, are never absent from the solutions of personal status. Stepping back from the analysis of some cases where religious values are relevant, this Article aims at a theoretical analysis of the subject, involving the contrast between value pluralism, conflict of laws and fundamental rights.

  6. Law project relative to the energy markets

    International Nuclear Information System (INIS)

    2002-01-01

    This document presents the law project relative to the energy markets. It aims to open the french gas market to the competition and defines the gas utilities obligations. The first part presents the main topics of the law: the natural gas distribution access, the natural gas sector regulation, the gas utilities, the natural gas transport and distribution, the underground storage, the control and penalties. The second part details the commission works concerning this law project. (A.L.B.)

  7. Nuclear Law Bulletin No. 97. Volume 2016/1

    International Nuclear Information System (INIS)

    Fischer, D.; Saric, J.; Touitou-Durand, F.; Mannully, Y.; Parle, M.; Adomaityte, U.; Majerus, P.; Adamczyk, K.; Nowacki, T.; Pavlovic, P.; Dovale Hernandez, I.; Ammon, B.; Popov, A.; Drillat, C.; Reynaers Kini, E.

    2016-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Nuclear third party liability in Germany' and 'Towards nuclear disarmament: State of affairs in the international legal framework'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

  8. Private regulation in EU better regulation : Past performance and future promises

    NARCIS (Netherlands)

    Verbruggen, Paul

    The promotion of private regulation is frequently part of better regulation programmes. Also the Better Regulation programme of the European Union (EU) initiated in 2002 advocated forms of private regulation as important means to improve EU law-making activities. However, for various reasons the

  9. LATEST AMENDMENTS TO LAW NO 62/2011 ON SOCIAL DIALOGUE ENACTED BY LAW NO 1/2016

    Directory of Open Access Journals (Sweden)

    Aurelian Gabriel ULUITU

    2016-05-01

    Full Text Available Law no 62/2011 regarding the social dialogue is the most important regulation of the collective labor relations. Since 2011, when it was adopted, Law no 62/2011 was modified several times, the last legislative intervention being done by Law no 1/2016. The main modification are regarding the following aspects: method of payment by the trade union’s members of their monthly subscription; new rules regarding the possibility of the trade union or employer to affiliate at a higher level organization; the rules regarding the employers and employer’s representatives in the collective bargaining.

  10. 49 CFR 1542.219 - Supplementing law enforcement personnel.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Supplementing law enforcement personnel. 1542.219 Section 1542.219 Transportation Other Regulations Relating to Transportation (Continued) TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY CIVIL AVIATION SECURITY AIRPORT SECURITY Operations § 1542.219 Supplementing law...

  11. 31 CFR 240.1 - Scope of regulations.

    Science.gov (United States)

    2010-07-01

    ... this regulation supersede existing Federal common law to the extent that they are inconsistent with Federal common law rules relating to counterfeit checks. Under the provisions of this regulation, the risk...

  12. Law for Accelerated Network Expansion (NABEG) / Law on the Expansion of Energy Supply Lines (EnLAG) / Energy Economy Law (EnWG). Commentary on laws concerning the construction of energy supply lines.; NABEG/EnLAG/EnWG. Kommentar zum Recht des Energieleitungsbaus

    Energy Technology Data Exchange (ETDEWEB)

    Steinbach, Armin (ed.) [Bundeswirtschaftsministerium, Berlin (Germany)

    2013-09-01

    The legislative package which launched the energy turnaround in 2011 has brought with it a fundamental reform of licensing regulations for energy supply lines. The new legal framework brought about by the Law for Accelerated Network Expansion (NABEG) and the amendment to the Energy Economy Law (EnWG) impact on the entire planning and licensing process, starting from demand planning for new supply lines and ending with planning approval for specific supply line projects. The instrument of special federal planning has taken the place of regional impact assessments. Moreover a number of procedural innovations have been introduced, notably in the area of public participation. Beside being charged with regulatory tasks the Federal Network Agency will in future also be the authority responsible for the planning and licensing of the electricity motorways. In short: With this reform the legislature has ventured on untrodden ground both in institutional terms and with respect to substantive law. The new regulations confront all involved - network operators, public authorities, legal consultants and others - with the challenge of applying them in practice. The present book is intended to provide practical orientation in interpreting and applying this new body of regulations.

  13. Rent control and other aspects of tenancy law in Sweden, Denmark and Finland

    DEFF Research Database (Denmark)

    Norberg, Per; Juul-Sandberg, Jakob

    In the Nordic EU member states legislation on landlord’s and tenant’s rights is defined from a socio-economic aspect. The three countries share a common legal »core« which originates from common contract law principles. Tenancy law regulation is different in major areas – especially rent regulation....... In other areas the regulation is quite alike and the results are most often a result of trying to keep the balance between the tenant’s rights to dispose over a home contrary to the landlord’s rights as a property owner. This paper will explore some different aspects of tenancy law regulation – especially...

  14. Legal order and the principles of law: Case of the Republic of Slovenia

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Bojan Tičar

    2012-12-01

    Full Text Available In this article author defines law a system of rules and principles that regulate, within the boundaries of legal regularity, the vitally important external conduct and behavior of the subjects in a state-organized society. In this context he upgrades rethinking of law with definition of legal order. A legal system or legal order author see as an integrated whole of the hierarchically regulated principles of law, rules, and general legal acts which apply in a certain country, are published, and enter into effect from a certain date following adoption. In central part of the article author explains the case of legal regulation in Slovenia. He describes which legal acts are adopted in Slovenia and how is it done in the context of EU regulation. Author concludes the article with an idea that legal theoreticians have still not agreed on a uniform definition of the essence of law. Author thinks that law can be understood instrumentally. Instrumental law is a tool prescribed in advance which is composed of rules that are suitable for preventing and resolving conflicts between subjects in society.

  15. The No.I. Law (1980) on atomic energy

    International Nuclear Information System (INIS)

    1980-01-01

    The Atomic Energy Law regulates all aspects of the use and application of nuclear energy. The four basic principles of the law are as follows: 1. Nuclear energy can be applied only for peaceful purposes, and this must be promoted by effective international cooperation. 2. The materials, equipment and establishments serving the application of nuclear energy are generally in social ownership. 3. Nuclear energy can be applied only with satisfactory safety precautions, and its uses are determined and regularly controlled by the state. 4. The compensation of the damages caused by nuclear energy applications is regulated by special rules. The enforcement of the law and the direction, control and development of the application of nuclear energy is the responsibility of the Council of Ministers. (R.J.)

  16. South African Journal of Bioethics and Law

    African Journals Online (AJOL)

    AFRICAN JOURNALS ONLINE (AJOL) · Journals · Advanced Search · USING ... The South African Journal of Bioethics and Law is a bi-annual journal for health ... law and human rights in clinical practice, health policy and regulation and research. ... A study of the role and functions of inspectors of anatomy in South Africa ...

  17. Transposition of the new European Union audit regulation into the Croatian national law

    Directory of Open Access Journals (Sweden)

    Sanja Sever Mališ

    2016-11-01

    Full Text Available The audit reform in the EU had as a consequence the adoption of the new regulatory framework. The European Parliament adopted Directive 2014/56/EU amending the Directive 2006/43/EC on statutory audit in the EU and the EU Regulation No. 537/2014 containing requirements that relate specifically to the statutory audit of public interest entities. Each Member State needs to transpose the Directive into its national legislation and also ensure its implementation. Within the framework of transposing the Directive into the national regulation, each Member State had many options that allows them to tailor the provisions of the national law according to their needs and specific aspects of the national audit markets. However, the number of options brings risks that are connected to additional audit procedures and inefficiencies in the process of performing audit with the potential effects on the quality and cost of audits. The aim of this article is to analyse the most important (not used options of the Directive and Regulation according to the Croatian national legislation. In that sense, the article provides information about the definition of statutory audit and the subjects of statutory audit as well as the definition of public interest entities in Croatia. In addition, the audit profession in Croatia is analysed in the context of the “European audit passport”. The results of this research can be a base for future comparisons between Croatia and the other EU Member States. Finally, the implementation of this provisions will answer the question: Does the implementation of different options bring convergence or divergence within the single EU audit services market?

  18. The integration of law and integrality of the legislation as necessary conditions for the success of law enforcement in interstate integration

    Directory of Open Access Journals (Sweden)

    Sergey Baburin

    2017-01-01

    Full Text Available УДК 341.1+342.2Subject. The article substantiates the need for a special system of legislation for any project of international integration. Only such system, being integral, may, firstly, become the basis for the formation of an integrative law of this integration project, and secondly, have a supranational constitutionality, giving the ability to individual enforcement.Purpose. The purpose of this paper is the design of the constitutional-legal mechanisms of international integration in the scope of an integrative understanding of law and law enforcement.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and comparative law.Results, scope of application. The author points out that the formation of a single legal space in the Eurasian Economic Union (EEU, as well as in Customs Union and the Eurasian Economic Community before, is a development of constitutional law of supranational level, not of international law. The integration of law and integrality of the legislation are prerequisite for the success of the interstate Eurasian integration.Integration of law means the completeness of its internal structure, implies the indissoluble inner coherence of the law, its wholeness, unity. Coherent legal norms, embodied in legislation, can only create the phenomenon of law. The law should be understood as a metasystem, supersystem, it accumulates all socially significant systems and integrates the values of the law itself, its principles, values, other social regulators and regulated spheres of social relations. Attempts to apply the concept of "integration", but to abandon the notion of "integrality" are unreasonable, this terminological dichotomy is just a word game.If we talk about law, it is more appropriate to talk about it’s iintegrity, but if we talk about legislation, emerging to accelerate and deepen integration

  19. LAW OF SPORT AND ATHLETE FOOTBALL PROFESSIONAL

    Directory of Open Access Journals (Sweden)

    Tomy Michael

    2015-09-01

    Full Text Available Prosperity of athlete football professional or employees is the right of every employees. The responsibility of the organization of professional football clubs to occupational with their health and safety. Organization of professional football clubs have full responsibility in this regard. With normative legal research. The result obtained there is no correlation between positive of law in Unity State Republic of Indonesia and the statuten made by FIFA. Organization of professional football clubs have not been absolutly run in Law of Republic of Indonesia No. 13 of 2003, Article 87 on labour in which every company must implement a health and safety of management system integrated working with the health management system. As a suggestion, require the rule of law which is in sync with the regulations made by FIFA, PSSI respected to the regulations in Indonesia related to sports that do not event of contradiction before publish the statuten of the organization so that no event of resignation athlete professional football in the future, they shall take into account the contennt of their contract, the public take an active role in infraction notice made by PSSI or other organizations professional football clubs on the regulation of professional football athlete contract that have been made, and the researchers of science of law are examining the country’s sovereignty and the sovereignty of FIFA.

  20. 20 CFR 222.13 - Common-law marriage relationship.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Common-law marriage relationship. 222.13 Section 222.13 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Wife, Husband, or Widow(er) § 222.13 Common-law marriage...

  1. WATER LAW AND MODEL OF RESPONSIBLE WATER USAGE

    Directory of Open Access Journals (Sweden)

    Dmitri Olegovitch Sivakov

    2017-03-01

    Full Text Available As it is known, the water law regulates dynamic social relationships concerning study, usage and protection of water objects, as well as their transformation. The water law explicitly regulates water economic activities. The regulatory method of the water law has a mixed nature and thus is not distinctive. It predetermines in some cases equality and independence of subjects of relationships (water usage agreement and in other – power and submission (permissive nature of water usage. The aim of the publication is to promote scientific ideas about the fate of the water law in order to make a further polygonal and productive discussion in which the reader is invited to participate. Scientific novelty. In 2016 the monograph of D.O. Sivakov “Water law: dynamics, problems, perspectives: monograph” (second edition, reviewed and updated. Moscow: Stolitsa, 2016. 540 p. was published. In 2017 the author reconsidered some conclusions of his monograph and applied scientific achievements of theory of state and law in water sphere. In accordance with this, it is important to mention research of Petrov D.E. related to issues of differentiation and integration of structural formations of Russian legal system. The scientific novelty of the article includes the synthesis of ideas of the monograph and some achievements of theory of state and law. Methods of research. The author of the article relies on some collective and individual monographic studies in the sphere of theory of state and law, natural resource law, arctic law, financial law. Basic results of research. The author promotes the model of responsible water usage. This model shall be based not on the unstable balance of economic and environmental interests (which shall practically lead to the domination of economic interests, but on the obligatory combination of economic activities with technologies, ensuring maximal preservation of water resources. Responsible water usage shall mean a system of

  2. Toward a harmonized approach to animal welfare law in Canada.

    Science.gov (United States)

    Fraser, David; Koralesky, Katherine E; Urton, Geoff

    2018-03-01

    Animal protection law in Canada varies across the country. Federal animal protection law exists in the Criminal Code, in regulations for the transport of animals, and in regulations for humane handling and slaughter at abattoirs that are inspected by the Canadian Food Inspection Agency. Provincial animal protection laws often include provisions that i) describe a duty of care toward animals; ii) prohibit causing or permitting animal "distress;" iii) specify exemptions from prosecution; and iv) reference various national and other standards. Inconsistencies lead to duplication of effort, create difficulty in working across jurisdictions, and may erode public trust. A more consistent approach might be achieved by i) referencing a common suite of standards in provincial statutes; ii) citing the federal transport and humane slaughter regulations in provincial regulations; iii) establishing agreements so provincial authorities may enforce federal regulations; iv) wider and more uniform adoption of enforcement tools that require people to take immediate action to protect animal welfare; v) developing new standards; and vi) national consultation to define frequently used terms.

  3. The second laws of quantum thermodynamics.

    Science.gov (United States)

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

    2015-03-17

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

  4. The atomic energy basic law

    International Nuclear Information System (INIS)

    1977-01-01

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

  5. Using law to strengthen health professions: frameworks and practice.

    Science.gov (United States)

    Verani, André; Shayo, Peter; Howse, Genevieve

    2011-01-01

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

  6. REFLECTION ON THE REVISION OF THE BOOK OF THE LAW OF CRIMINAL LAW AND LAW OF CRIMINAL PROCEDURE OF INDONESIA

    Directory of Open Access Journals (Sweden)

    Marwan Mas

    2015-05-01

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

  7. Universal mortality law and immortality

    Science.gov (United States)

    Azbel', Mark Ya.

    2004-10-01

    Well-protected human and laboratory animal populations with abundant resources are evolutionarily unprecedented. Physical approach, which takes advantage of their extensively quantified mortality, establishes that its dominant fraction yields the exact law, which is universal for all animals from yeast to humans. Singularities of the law demonstrate new kinds of stepwise adaptation. The law proves that universal mortality is an evolutionary by-product, which at any given age is reversible, independent of previous life history, and disposable. Life expectancy may be extended, arguably to immortality, by minor biological amendments in the animals. Indeed, in nematodes with a small number of perturbed genes and tissues it increased 6-fold (to 430 years in human terms), with no apparent loss in health and vitality. The law relates universal mortality to specific processes in cells and their genetic regulation.

  8. Competing Transnational Regimes under WTO Law

    Directory of Open Access Journals (Sweden)

    Carola Glinski

    2014-02-01

    Full Text Available Against a common perception of CSR being a business concept without binding legal effect, this article discusses legitimate legal effects of private standards in public international law, using the issue of private labels as “international standards” under WTO law. WTO law shows certain openness for external transnational standards. This article argues that the references to “international standards” in the TBT Agreement can be applied for the selection between competing public or private norms that claim relevance. Thereby, the most legitimate standard for governing the problem at issue should be chosen. This is exemplified with the case of Tuna Dolphin II where the Appellate Body has emphasised the requirement of procedural legitimacy. The article argues that the requirements for legitimate standards depend on the interests at stake and that a private standard can well be more legitimate than a (competing public standard. As the justifying effect of Article 2.5 TBT mainly interferes with economic interests, a relevant “international standard” may well consist of a representative business standard, e.g. a private label. In contrast, an international standard in the terms of Article 2.4 TBT which interferes with a democratic decision in favour of public interests such as environmental protection must reflect these public interests in a legitimate way. The article concludes that CSR can play an important role in defining legally valid justifying or minimum standards in public international law.

  9. Summary of the law relating to atomic energy and radioactive substances

    International Nuclear Information System (INIS)

    Sim, D.F.; Ritchie, K.J.S.

    1981-04-01

    A summary is given of the law relating to atomic energy and radioactive substances revised as at 31 March 1981 under the following headings: (1) The common law. (2) The legislation. (3) Regulations under the factories act 1961. (4) Regulations relating to educational establishments. (5) Regulations and orders relating to food and medicines. (6) Regulations, rules, etc. affecting the transport of radioactive materials. (7) Regulations under the social security act 1975. (8) Control of import and export. (9) The Euratom treaty. (10) Important nonstatutory codes of practice, etc.. (11) International conventions, regulations, etc. relating to the peaceful use of atomic energy and radioactive substances, in which the United Kingdom is interested. (12) Foreign legislation. (U.K.)

  10. Decision-making authority and substance abuse treatment for adolescents: a survey of state laws.

    Science.gov (United States)

    Lallemont, Tori; Mastroianni, Anna; Wickizer, Thomas M

    2009-04-01

    State laws concerning decision-making authority for voluntary inpatient substance abuse (SA) treatment of minors may be a potential barrier to appropriate treatment. We sought to identify and classify relevant laws related to the provision of voluntary inpatient SA treatment to adolescents 12 to 17 years (minors) as an exploratory assessment to improve understanding of how these laws might affect treatment decisions. In summer 2006, we conducted a survey of statutes, regulations, and legal cases in the 50 states and the District of Columbia regarding the authority of parents (or guardians) and minors to make treatment decisions for voluntary inpatient SA treatment. All 50 states have laws applicable to voluntary inpatient SA treatment for adolescents, and the laws vary significantly throughout the nation. If a minor and parent disagree about SA treatment, some states defer to the decision-making authority of the minor, whereas other states defer to the parent. Most significantly, the majority of states fail to specify whether the minor's or the parent's decision will control in the event of a conflict. The lack of clarity in state laws regarding decision-making authority for voluntary inpatient SA treatment of minors may create a potential barrier to treatment for adolescents, especially those with more serious SA problems. This lack of clarity could lead to confusion among parents, adolescents, healthcare professionals, and treatment facilities, and ultimately could result in a failure to treat adolescents in need of medical attention. Policymakers should ensure that state laws clearly specify procedures to enable treatment if a conflict arises between adolescents and parents, including procedures to ensure that the due process rights of adolescents are protected.

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

    Directory of Open Access Journals (Sweden)

    Mohamad Mova Al'Afghani

    2006-06-01

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

  12. Law, Economic Growth and Human Development: Evidence from Africa

    OpenAIRE

    Asongu Simplice

    2011-01-01

    This paper cuts adrift the mainstream approach to the legal-origins debate on the law-growth nexus by integrating both overall economic and human components in our understanding of how regulation quality and the rule of law lie at the heart of economic and inequality adjusted human developments. Findings summarily reveal that legal-origin does not explain economic growth and human development beyond the mechanisms of law. Our results support the current consensus that, English common-law coun...

  13. E-Commerce in Europe - Relevant Law when Concluding a Contract on the Internet

    Czech Academy of Sciences Publication Activity Database

    Matejka, Ján; Štědroň, B.

    2004-01-01

    Roč. 4, č. 1 (2004), s. 45-49 ISSN 1213-4678 R&D Projects: GA AV ČR KJB7068402 Institutional research plan: CEZ:AV0Z7068917 Keywords : e- commerce * contract law * information society Subject RIV: AG - Legal Sciences

  14. Nuclear Law Bulletin No. 98. Volume 2016/2

    International Nuclear Information System (INIS)

    Wetherall, Anthony C.; Soedersten, Anna; Berger, Marjorie; Paez, M.R.; Touitou-Durand, F.; Pelzer, N.; Adomaityte, U.; Majerus, P.; Nowacki, T.; Pospisil, M.; Skraban, A.; Noelliste, N.E.; Popov, A.; Drillat, C.; Reynaers Kini, E.

    2016-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Strengthening the international legal framework for nuclear security: Better sooner rather than later'; 'Brexit, Euratom and nuclear proliferation'; and 'McMunn et al. v Babcock and Wilcox Power Generation Group, Inc., et al.: The long road to dismissal'

  15. What Do Transgender Women’s Experiences Tell Us about Law? Towards an Understanding of Law as Legal Complex

    Directory of Open Access Journals (Sweden)

    Esen Ezgi Tascioglu

    2011-01-01

    Full Text Available Based on ethnographic study conducted in Istanbul, this thesis investigates the effects of law and legal operations on transgender women’s sex work and daily lives, and seeks to disentangle the multidimensional ways through which they and their conduct are governmentalized by law in Turkey. The first part of the thesis discusses the legal dynamics surrounding transgender sex work and delineates how transgender women are expulsed from regulated sex work by the interaction of the socially produced desire around their bodies and law. Led to work outside the regulated sex trade, transgender women navigate spaces which are regulated in an ambivalent manner yet which have the net effect of drawing transgender women into street sex work. The second part shows that these legal practices on sex work do not apply to all sex workers but to nearly all transgender women, depriving them from their most basic rights. Overall my analysis demonstrates that transgender women find themselves in a multitude of legal and institutional practices that are borne out of the interaction of their social contexts, their bodily performances and legal texts and their application, and that this is done through various regulatory agents. I argue that such an examination demonstrates law’s multiplicity and heterogeneity against the unitary and sovereigntist understandings of law which prevail in popular discourse as well as scholarly and activist thinking in Turkey and abroad. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1730260

  16. 26 CFR 301.7327-1 - Customs laws applicable.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Customs laws applicable. 301.7327-1 Section 301.7327-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PROCEDURE AND ADMINISTRATION PROCEDURE AND ADMINISTRATION Other Offenses § 301.7327-1 Customs laws applicable. For regulations...

  17. Amendment of the atomic energy basic law and other related laws and establishment of the nuclear safety commission

    International Nuclear Information System (INIS)

    Ochi, Kenji

    1978-01-01

    The Atomic Energy Basic Law and related several laws were amended in the recent diet session. The amendment of the laws was requested after the radiation leakage from nuclear-powered ship ''Mutsu''. The reform of administrative system of atomic energy development and utilization are consisted of two important points: one is to establish the Nuclear Safety Commission for strengthening nuclear safety administration, and the other is to give an authority to each ministry or agency to regulate nuclear power reactor from the establishment to operation according to its original mission. (author)

  18. Abstract of the law relating to the nuclear industry and radioactive substances

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    This summary of the law relating to Atomic Energy and Radioactive substances as at March 1980 is divided into sections headed: (1) The common law. (2) Legislation. (3) Regulations under the Factories Act 1961. (4) Regulations, rules etc. affecting the transport of radioactive materials. (5) The Euratom treaty. (U.K.)

  19. The Ruggie Framework: Polycentric regulation and the implications for corporate social responsibility

    Directory of Open Access Journals (Sweden)

    Mark B. Taylor

    2011-05-01

    Full Text Available The United Nations ‘Protect, Respect and Remedy’ Framework,developed by the U.N. Special Representative JohnRuggie, brings together social expectations and law into anemerging policy framework of direct relevance to corporatesocial responsibility, CSR. The principle source of theFramework’s significance for the policy and practice of CSRis its definition of the theory of business responsibility forhuman rights as arising from business activities and relationships,and its deployment of due diligence for humanrights risk as the core operational concept of this theory ofresponsibility. The article considers the responsibility torespect human rights in light of theories about polycentricregulatory regimes and draws the conclusion that the RuggieFramework creates a regulator dynamic in which bothvoluntarism and law have relevant and reinforcing roles toplay in governing business behavior. In the wake of theadaptation of the Framework by the UN, the challenge forthe field of CSR will be to adapt to an emerging reality inwhich business responsibility for ‘the social’ is increasinglya question of compliance and beyond.

  20. Corporate Social Responsibility: what role for law?

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2006-01-01

    , the article questions the conception that CSR is to do “more than the law requires”. CSR is discussed with the triple bottom line as a point of departure, focussing on social (esp. labour and human rights) and environmental dimensions. It is argued that CSR functions as informal law, and that important...... principles of law function as part of a general set of values that guide much action on CSR. Furthermore, it is argued that aspects of law in the abstract as well as in the statutory sense and as self-regulation influence the substance, implementation and communication of CSR, and that the current normative...

  1. STATE`S EVIDENCE AND FUNDAMENTAL RIGHTS OF THE PASSIVE SUBJECT OF CRIMINAL PERSECUTION AS A RESULT OF THE REGULATION INSERTED IN LAW 12.850/2013

    Directory of Open Access Journals (Sweden)

    Américo Bedê Freire Júnior

    2017-05-01

    Full Text Available The Criminal Law - and the Procedural Law that takes care of its effectiveness - works, at the same time, as a mechanism available to the State to realize its punitive power and as a limit to the exercise of this same power. This second meaning represents what has been called the humanization of criminal law, marked by the understanding of several rights and guarantees intended to protect the subject of criminal prosecution. The institute of state`s evidence, as an unorthodox method, used especially in the fight against organized crime, raised expressive mistrust in the doctrine about its compatibility with the current system of rights and guarantees designed in the Federal Constitution, so that references to the institute as police practice, exceptional, responsible for the involution of Criminal Law, are very common. However, especially since the advent of the new legislation to combat organized crime, the state`s evidence has gained new theoretical and practical inspiration in Brazil, with wide acceptance of jurisprudence, recommending that it be appreciated with accuracy not only its theoretical aspects, but also the criticisms relevance.

  2. Integrated care in Norway: State of affairs years after regulation by law

    Directory of Open Access Journals (Sweden)

    Jorunn Bjerkan

    2011-01-01

    Full Text Available Introduction: A mandatory multidisciplinary plan for individual care, the 'Individual care Plan', was introduced by law in Norway in 2001. The regulation was established to meet the need for improved efficiency and quality of health and social services, and to increase patient involvement. The plan was intended for patients with long-term and complex needs for coordinated care. The aim of this study was to elaborate on knowledge of such planning processes in Norwegian municipalities.Method: A piloted questionnaire was sent to 92 randomly selected municipalities in 2005-2006, addressing local organization and participation in the work with individual care plans. Local political governance, size of the population, funds available for health care, and problems related to living conditions were indicators for analysing the extent to which the individual care plan was used five years after the regulation was introduced.Results: Our results showed that 0.5% as opposed to an expected 3% of the population had an individual care plan. This was independent of the political, social and financial situation in the municipalities or the way the planning process had been carried out. The planning process was mostly taken care of by local health and social care professionals, rather than by hospital staff and general practitioners.Discussion and conclusion: The low number of care plans and the oblique responsibility among professionals for planning showed that the objectives of the national initiative had not been achieved. More research is needed to determine the reasons for this lack of success and to contribute to solutions for improved multidisciplinary cooperation.

  3. Integrated care in Norway: State of affairs years after regulation by law

    Directory of Open Access Journals (Sweden)

    Jorunn Bjerkan

    2011-01-01

    Full Text Available Introduction: A mandatory multidisciplinary plan for individual care, the 'Individual care Plan', was introduced by law in Norway in 2001. The regulation was established to meet the need for improved efficiency and quality of health and social services, and to increase patient involvement. The plan was intended for patients with long-term and complex needs for coordinated care. The aim of this study was to elaborate on knowledge of such planning processes in Norwegian municipalities. Method: A piloted questionnaire was sent to 92 randomly selected municipalities in 2005-2006, addressing local organization and participation in the work with individual care plans. Local political governance, size of the population, funds available for health care, and problems related to living conditions were indicators for analysing the extent to which the individual care plan was used five years after the regulation was introduced. Results: Our results showed that 0.5% as opposed to an expected 3% of the population had an individual care plan. This was independent of the political, social and financial situation in the municipalities or the way the planning process had been carried out. The planning process was mostly taken care of by local health and social care professionals, rather than by hospital staff and general practitioners. Discussion and conclusion: The low number of care plans and the oblique responsibility among professionals for planning showed that the objectives of the national initiative had not been achieved. More research is needed to determine the reasons for this lack of success and to contribute to solutions for improved multidisciplinary cooperation.

  4. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

  5. Defense against terroristic hazards and risk by building planning law

    International Nuclear Information System (INIS)

    Hopkins, Richard

    2012-01-01

    The book on defense against terroristic hazards and risk by building planning law includes the following issues: Introduction: civil engineering and safety. Risk, hazards and urban planning: historical and actual examples for the constructional danger prevention, terroristic threat and urban planning. Risk, hazards and terrorism: sociology and risk, law and risk, terrorism - risk or hazard? Answer to uncertainty - risk prevention, catastrophe law as link. Risk, hazard, terrorism and the public building and regional planning law: regional planning law as point of origin, building law and terrorism, possibility of control by the legal building regulations.

  6. Offshore finfish aquaculture in the United States: An examination of federal laws that could be used to address environmental and occupational public health risks.

    Science.gov (United States)

    Fry, Jillian P; Love, David C; Shukla, Arunima; Lee, Ryan M

    2014-11-19

    Half of the world's edible seafood comes from aquaculture, and the United States (US) government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

  7. Is sustainable resource utilisation a relevant concept in Avanersuaq? The walrus case

    DEFF Research Database (Denmark)

    Andersen, Astrid Oberborbeck; Heide-Jorgensen, Mads Peter; Flora, Janne

    2018-01-01

    analyse how walruses acquire multiple values as they circulate in different networks. Sustainable resource utilisation, we conclude, is a concept that is relevant in Avanersuaq and beyond, because it works as a biological standard, and hence organises laws, norms, and practices of formal management......This article addresses the role of Atlantic walrus (Odobenus rosmarus rosmarus) in present-day Avanersuaq from anthropological and biological perspectives, and asks whether or not sustainable resource utilisation is a useful concept in northwest Greenland. We describe the relations that unfold...... around walrus and walrus hunting, in the communities living adjacent to the North Water polynya on the eastern side of Smith Sound. We examine the interplay of walrus population abundance, hunting practices, uses, and formal (governmental) and informal (traditional) ways of regulating the hunt, and we...

  8. Infectious disease-related laws: prevention and control measures

    Directory of Open Access Journals (Sweden)

    Mijeong Park

    2017-07-01

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

  9. 31 CFR 129.6 - Penalties specified by law.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Penalties specified by law. 129.6 Section 129.6 Money and Finance: Treasury Regulations Relating to Money and Finance PORTFOLIO INVESTMENT SURVEY REPORTING § 129.6 Penalties specified by law. Reporters are advised that the Act provides the...

  10. A Note on Georisk, Sustainable Development and Law

    International Nuclear Information System (INIS)

    Paterson, John

    2006-01-01

    Whatever science has to say about risk and sustainable development, ultimately relevant decisions will be taken by political actors. The means they will most often use in order to implement those decisions, however, will be legal (for example, regulations). While law may, therefore, be the point of contact, as it were, between scientific expertise and policy decisions, on the one hand, and the individual or corporate actor, on the other, it can equally appear to be no more than a tool in the hands of more powerful forces and thus low in the list of priorities to be examined in this complex field. Within law, however, there has been increasing discussion in recent years about whether it is actually able to produce the sort of social change that policy actors (and perhaps also scientists) believe that it can. It is, therefore, important to know whether law as it is traditionally understood can deliver what is expected of it and, if not, what sort of adaptations may be required in order to increase the likelihood of success. This paper will begin by briefly reviewing some of the key literature on regulatory failure and consider the ways in which such a problem could serve to exacerbate the risk from seismic events. The paper will then move on to consider a concrete example: the Chernobyl nuclear accident. Although this clearly belongs to the domain of technological rather than seismic risk, it is instructive for present purposes for at least two reasons. Firstly, this was an incident with an impact on a scale comparable to a major seismic event: while it certainly presented a severe challenge in the emergency phase, it has equally stretched scientists, policy makers and regulators in the ongoing rehabilitation phase and exposed many of the shortcomings of traditional regulatory approaches. Secondly, the common political and legal history of the countries affected by this event and many of those in the Black Sea to Caspian region - as former Soviet, transition

  11. A Note on Georisk, Sustainable Development and Law

    Science.gov (United States)

    Paterson, John

    2006-03-01

    Whatever science has to say about risk and sustainable development, ultimately relevant decisions will be taken by political actors. The means they will most often use in order to implement those decisions, however, will be legal (for example, regulations). While law may, therefore, be the point of contact, as it were, between scientific expertise and policy decisions, on the one hand, and the individual or corporate actor, on the other, it can equally appear to be no more than a tool in the hands of more powerful forces and thus low in the list of priorities to be examined in this complex field. Within law, however, there has been increasing discussion in recent years about whether it is actually able to produce the sort of social change that policy actors (and perhaps also scientists) believe that it can. It is, therefore, important to know whether law as it is traditionally understood can deliver what is expected of it and, if not, what sort of adaptations may be required in order to increase the likelihood of success. This paper will begin by briefly reviewing some of the key literature on regulatory failure and consider the ways in which such a problem could serve to exacerbate the risk from seismic events. The paper will then move on to consider a concrete example: the Chernobyl nuclear accident. Although this clearly belongs to the domain of technological rather than seismic risk, it is instructive for present purposes for at least two reasons. Firstly, this was an incident with an impact on a scale comparable to a major seismic event: while it certainly presented a severe challenge in the emergency phase, it has equally stretched scientists, policy makers and regulators in the ongoing rehabilitation phase and exposed many of the shortcomings of traditional regulatory approaches. Secondly, the common political and legal history of the countries affected by this event and many of those in the Black Sea to Caspian region — as former Soviet, transition

  12. Fixes regulations for application of dispositives of the Law 4,118 (as of August 27, 1962), and its regulation approved by the Decree 51,726 (as of February 19, 1963) referred to the nuclear minerals, ores and of interest for nuclear energy

    International Nuclear Information System (INIS)

    1965-01-01

    The present resolution establishes regulations for provision of the Law 4118 (dated of August 27, 1962) and his regulation a proved by Decree 51,726 (dated of February 19, 1963) as referring to the minerals, nuclear ores and of interest for the nuclear energy, substituting the Resolution 1/63

  13. Afriforum v Malema: The limits of law and complexity | Buitendag ...

    African Journals Online (AJOL)

    More specifically, by reading the judgment through an autopoietic systems theory lens, some points of criticism on the judgment in particular and the law in general become apparent. It is contended ... An attempt is made to open law to considerations external to what it traditionally considers to be relevant to its operation.

  14. Faculty, Copyright Law and Online Course Materials

    Science.gov (United States)

    Sweeney, Phyllis C.

    2006-01-01

    Copyright and fair use laws that regulate educational materials seem to be fairly well understood by the U.S. courts and educators for use in face-to-face (f2f) classrooms (Post and Trempus, 1998). Ever-changing revisions to these laws blur the distinction between tangible and intangible materials shared with students in f2f, online and hybrid…

  15. 29 CFR 801.5 - Effect on other laws or agreements.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Effect on other laws or agreements. 801.5 Section 801.5 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 General § 801.5 Effect on other laws or...

  16. Climate protection laws in Taiwan

    International Nuclear Information System (INIS)

    Chiu, Yen-Lin Agnes

    2014-01-01

    The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

  17. Civil liability for nuclear damage law

    International Nuclear Information System (INIS)

    1974-01-01

    This Law has as its main objective to regulate civic responsability on damages or injuries that may be brought about by the usage of nuclear reactors and the use of nuclear substances or fuels and their consecuent wastes. The text of this law is consituted by 5 chapters that deal with the following subjects: CHAPTER ONE.- Objective and Definitions. CHAPTER TWO.-On Civic Responsability on Nuclear Damages or Injuries. CHAPTER THREE.- On the Limits of Responsability. CHAPTER FOUR.- On Prescription. CHAPTER FIVE.- General Regulations Concepts such as the following are defined concretely and precisely: Nuclear Accident, Nuclear Damage or Injury, Atomic Energy, Operator of a Nuclear Facility, Nuclear Facility, Radioactive Product or Waste Material, Nuclear Reactor, Nuclear Substances Remittance and Hazardous Nuclear Substance

  18. Multidisciplinary Assessment of Citizenship Approach in Modern Law and Problem of “Denaturalisation” on the Basis of Law and Communication

    Directory of Open Access Journals (Sweden)

    Ayhan Dolunay

    2017-09-01

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

  19. Some of Indonesian Cyber Law Problems

    Science.gov (United States)

    Machmuddin, D. D.; Pratama, B.

    2017-01-01

    Cyber regulation is very important to control human interaction within the Internet network in cyber space. On the surface, innovation development in science and technology facilitates human activity. But on the inside, innovation was controlled by new business model. In cyber business activities mingle with individual protection. By this condition, the law should keep the balance of the activities. Cyber law problems, were not particular country concern, but its global concern. This is a good opportunity for developing country to catch up with developed country. Beside this opportunity for talented people in law and technology is become necessity. This paper tries to describe cyber law in Indonesia. As a product of a developing country there are some of weakness that can be explained. Terminology and territory of cyber space is become interesting to discuss, because this two problems can give a broad view on cyber law in Indonesia.

  20. Gender Equity and the Law.

    Science.gov (United States)

    Rosenberg, Judith H.

    These instructional materials focus on federal laws and executive orders that prohibit sex discrimination in employment and education. The materials consist of the following: (1) a list of some of the legislation covered; (2) a list of relevant materials and resources; (3) a list of 14 instructional activities, each described by one or a few…

  1. A matter of fact? Adolescents' assumptions about crime, laws, and authority and their domain-specific beliefs about punishment.

    Science.gov (United States)

    Oosterhoff, Benjamin; Shook, Natalie J; Metzger, Aaron

    2018-01-01

    This study examined adolescents' beliefs about the amount of punishment individuals should receive for violating different laws and whether these beliefs are connected with their informational assumptions (i.e., perceived facts) about crime, laws, and authority. American adolescents (N = 340; M age  = 16.64, 58.2% female) reported their judgments concerning the appropriate punishment for violating laws regulating domain-specific behaviors and their informational assumptions regarding the prevalence and causes of crime, beliefs that authority is knowledgeable, and the purpose of punishment. Greater internal attributions for crime was associated with stronger punishment judgments for violating laws that regulate moral and conventional issues. Greater beliefs that punishment teaches right from wrong was associated with stronger punishment judgments for violating laws that regulate drug-related prudential issues, and lower punishment judgments for violating laws that regulate personal issues. Greater beliefs that authorities are more knowledgeable than others was associated with stronger punishment judgments for violating laws that regulate personal issues. Copyright © 2017 The Foundation for Professionals in Services for Adolescents. Published by Elsevier Ltd. All rights reserved.

  2. 48 CFR 52.233-4 - Applicable Law for Breach of Contract Claim.

    Science.gov (United States)

    2010-10-01

    ... Provisions and Clauses 52.233-4 Applicable Law for Breach of Contract Claim. As prescribed in 33.215(b), insert the following clause: Applicable Law for Breach of Contract Claim (OCT 2004) United States law... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Applicable Law for Breach...

  3. Nuclear Law Bulletin No. 95. Volume 2015/1

    International Nuclear Information System (INIS)

    2015-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella'; 'Towards a new international framework for nuclear safety: Developments from Fukushima to Vienna'; 'Nuclear arbitration: Interpreting non-proliferation agreements'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

  4. Using information technology to help business students learn about contract law

    Directory of Open Access Journals (Sweden)

    John S. Edwards

    1995-12-01

    Full Text Available Almost all business students study law. However, business students have a different perspective on law from that of law students. A common problem, therefore, in legal courses for business students is how to provide a sufficiently wide-ranging, practically relevant programme without the sacrifice of intellectual depth. At Aston Business School, one approach adopted has been to supplement lectures with role-play exercises, rather than conventional tutorials.

  5. Global approaches to regulating electronic cigarettes

    OpenAIRE

    Kennedy, Ryan David; Awopegba, Ayodeji; De Le?n, Elaine; Cohen, Joanna E

    2016-01-01

    Objectives Classify and describe the policy approaches used by countries to regulate e-cigarettes. Methods National policies regulating e-cigarettes were identified by (1) conducting web searches on Ministry of Health websites, and (2) broad web searches. The mechanisms used to regulate e-cigarettes were classified as new/amended laws, or existing laws. The policy domains identified include restrictions or prohibitions on product: sale, manufacturing, importation, distribution, use, product d...

  6. eContracting according to Dutch law

    NARCIS (Netherlands)

    Schaub, M.Y.

    2002-01-01

    The European Union is working on a legislative framework affecting e-commerce. The goal is to ensure the prosperous development of e-commerce within the Internal Market. Since these legislative initiatives have not led to full harmonisation, national law remains relevant. For example the e-commerce

  7. The comparative analysis of 'Regulations on safety of radioactive waste management' of China and federal law 'On the management of radioactive waste' of Russian

    International Nuclear Information System (INIS)

    Yang Lili; Zhang Qiao'e; Fan Yun; Liu Ting; Gao Siqi

    2012-01-01

    In this article, the 'Regulations on safety of radioactive waste management' of China and Federal Law 'On the management of radioactive waste' of Russian were compared, from three aspects: overall legislative ideas, respective unique place and difference of common parts. Refining summed up should learn the contents of the Federal Law 'On the management of radioactive waste' of Russian, for the learning exchanges. (authors)

  8. A Pluralist Approach to the Law of International Sales

    Directory of Open Access Journals (Sweden)

    Juana Coetzee

    2017-03-01

    Full Text Available International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to the existence of differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG. However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because there are gaps in the CISG the Swiss government has made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of resistance are setting in against further harmonisation. The Proposal for a Common European Sales Law (CESL was recently withdrawn, and now Britain has voted to leave the European Union. Rumour has it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.

  9. 48 CFR 252.222-7002 - Compliance with local labor laws (overseas).

    Science.gov (United States)

    2010-10-01

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

  10. The law on wastes. November 2016 - october 2017

    International Nuclear Information System (INIS)

    Lanoy, Laurence

    2017-01-01

    In France, the law on wastes has been subject to important reforms following the passing, in 2015, of the law on the 'energy transition for a green growth'. In the continuity of this law, various evolutions concerning regulations and jurisprudence have been applied. These evolutions mainly concern waste management modalities (technical prescriptions applicable to facilities receiving wastes, status of wastes, domestic wastes, radioactive wastes, special wastes and cross-border waste transfers, general orientations of French and European laws on wastes) and liabilities related to wastes (administrative liability, taxation related to wastes, waste producer liabilities)

  11. Regulations in the Federal Republic of Germany. Exceptions to the law against competitive restrictions. Regulierung in der Bundesrepublik Deutschland. Die Ausnahmebereiche des Gesetzes gegen Wettbewerbsbeschraenkungen

    Energy Technology Data Exchange (ETDEWEB)

    Krakowski, M

    1988-01-01

    As a result of other countries' experiences, the Federal Republic has also been affected by the debate about regulation and deregulation. The discussion is centred particularly on exceptions to the law against competitive restrictions. This anthology aims to assist in clarifying the debate and gives a systematic account of the exceptions, including the theoretical justifications for regulation. Special weight is given to the description and explanation of the current status of regulation. The nature and scope of today's regulation can only be understood when its historical development is included in the examination. It is against this background that the authors make suggestions either for deregulation or for reformulation. The different chapters deal with: The theoretical basis of regulation, regulation in the areas of: The networked energy industry, telecommunications, traffic, banks, insurance markets. (orig./HSCH).

  12. 29 CFR 541.4 - Other laws and collective bargaining agreements.

    Science.gov (United States)

    2010-07-01

    ... REGULATIONS DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES General Regulations § 541.4 Other laws and collective bargaining agreements. The...

  13. Law for the expanion of renewable energies. German Renewable Energy Act 2014 - EEG 2014. Special volume to volume 2. 3. new rev. and enl. ed.

    International Nuclear Information System (INIS)

    Saecker, Franz Juergen

    2015-01-01

    No field of law is currently so intense in motion as the energy law. The amendment of 2014 has been for one of the most important tools for implementing the energy transition in Germany, the EEG, a ''fundamental reform'' (as in the title of the Law of 07.21.2014). In the present additional special volume of Berlin commentary on energy law EEG 2014 is explained with all its serious changes by respected academics and practitioners; the possibility of the draft amendment to the federal government is already taken into account by 01.04.2015. Particular attention will be the new rules for tendering promoting of greenfield installations. Questions of auditing which have the great practical importance under the amended regulations for placement exemption under paragraph paragraph 60 ff. EEG 2014, for the first time commented on by auditors. Besides dogmatic foundations of comment therefore provides an important aid in practical issues of relevance levy burden and its exceptions. [de

  14. Sim and Ritchie's summary of the law relating to atomic energy and radioactive substances

    International Nuclear Information System (INIS)

    Grazebrook, D.; Turner, M.

    1984-12-01

    The law is summarised under the headings: the Common Law; the Legislation; Regulations under the Factories Act 1961; Regulations relating to educational establishments; Regulations and Orders relating to food and medicines; Regulations, Rules, etc. affecting the transport of radioactive materials; Regulations under the Social Security Act 1975; control of import and export; the Euratom Treaty; important non-statutory Codes of Practice, etc.; international Conventions, Regulations, etc. relating to the peaceful use of atomic energy and radioactive substances, in which the United Kingdom is interested; foreign legislation. (U.K.)

  15. Legal Regulation and Consumers: The RFID Industry's Perspective

    Science.gov (United States)

    Ronzani, Daniel

    Many journal articles have presented research on the adoption and diffusion of Radio Frequency Identification (RFID) from a regulatory or consumer perspective. This research takes a reverse viewpoint. It researches the industry's experience with regulation by law and its experience with consumers. First, semi-structured interviews with RFID industry stakeholders are conducted on the topics of (UHF) frequency law, database law, and privacy law. Second, the industry's experience with (i) regulation by law and (ii) the consumers is collected in a worldwide online survey with companies and organisations that research, produce, sell, and consult on RFID technology. Third, empirical data is evaluated by different territories and industries to discuss four observations about legal regulation and consumers made by the authors with four feedback observations from the online survey. Given the evaluation of the empirical data, this article recommends that the RFID industry engage in better constructive dialogue with the legal regulator , strengthen its knowledge on applicable legislation, and re-evaluate its information policy to the consumer.

  16. 49 CFR 1542.221 - Records of law enforcement response.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Records of law enforcement response. 1542.221 Section 1542.221 Transportation Other Regulations Relating to Transportation (Continued) TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY CIVIL AVIATION SECURITY AIRPORT SECURITY Operations § 1542.221 Records of law enforcement...

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

    Directory of Open Access Journals (Sweden)

    Lee Edson Yarcia

    2018-03-01

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

  18. Legal aspects of damage prevention in atomic law

    International Nuclear Information System (INIS)

    Roller, Gerhard

    2011-01-01

    The author discusses the regulations of Sect. 7d AtG, i.e. the claim that it will ensure greater safety. He claims that, contrary to this intention, it has made the regulations of atomic law more complex and more difficult to observe. (orig./AKB)

  19. Immunization Information Systems: A Decade of Progress in Law and Policy

    Science.gov (United States)

    Martin, Daniel W.; Lowery, N. Elaine; Brand, Bill; Gold, Rebecca; Horlick, Gail

    2015-01-01

    This article reports on a study of laws, regulations, and policies governing Immunization Information Systems (IIS, also known as “immunization registries”) in states and selected urban areas of the United States. The study included a search of relevant statutes, administrative codes and published attorney general opinions/findings, an online questionnaire completed by immunization program managers and/or their staff, and follow-up telephone interviews. The legal/regulatory framework for IIS has changed considerably since 2000, largely in ways that improve IIS’ ability to perform their public health functions while continuing to maintain strict confidentiality and privacy controls. Nevertheless, the exchange of immunization data and other health information between care providers and public health and between entities in different jurisdictions remains difficult due in part to ongoing regulatory diversity. To continue to be leaders in health information exchange and facilitate immunization of children and adults, IIS will need to address the challenges presented by the interplay of federal and state legislation, regulations, and policies and continue to move toward standardized data collection and sharing necessary for interoperable systems. PMID:24402434

  20. An Authentic Interpretation of Laws

    Directory of Open Access Journals (Sweden)

    Teodor Antić

    2015-01-01

    Full Text Available Authentic interpretation of laws is a legal institute whereby a legislator gives the authentic meaning to a specific legal norm in case of its incorrect or diversified interpretation in practice. It has the same legal force as the law. Retroactivity and influence on pending cases are its inherent characteristics. Due to these characteristics and their relation to the principles of the rule of law, legal certainty and separation of powers, it is subjected to severe criticism not only by legal theory but also legal practice. The author analyses the institute of authentic interpretation from historical and comparative point of view and through the Croatian normative regulation, practice of the Croatian Parliament and academic debate, including opinions in favour as well as against it. On these grounds the author concludes that higher quality of law making procedure could make the authentic interpretation dispensable. On the other hand, should this institute be kept in the legal order it is essential to receive more effective constitutional control.

  1. The Development of Customary International Law by International Organizations

    DEFF Research Database (Denmark)

    Odermatt, Jed

    2017-01-01

    In his Fourth Report on the Identification of Customary International Law (2016), Special Rapporteur Michael Wood confirmed that ‘[i]n certain cases, the practice of international organizations also contributes to the expression, or creation, of rules of customary international law.......’ That the practice of international organizations can be relevant when identifying customary international law is relatively uncontroversial. The practice of states within international organizations such as the UN General Assembly, for example, may contribute to the development of custom. Yet, there is little...... discussion about whether and how the practice of international organizations as such may contribute to the development of customary international law. This contribution discusses the organization that is the most capable of contributing to the development of customary international law in its own right...

  2. Regulations in the Federal Republic of Germany. Exceptions to the law against competitive restrictions. Regulierung in der Bundesrepublik Deutschland. Die Ausnahmebereiche des Gesetzes gegen Wettbewerbsbeschraenkungen

    Energy Technology Data Exchange (ETDEWEB)

    Krakowski, M.

    1988-01-01

    As a result of other countries' experiences, the Federal Republic has also been affected by the debate about regulation and deregulation. The discussion is centred particularly on exceptions to the law against competitive restrictions. This anthology aims to assist in clarifying the debate and gives a systematic account of the exceptions, including the theoretical justifications for regulation. Special weight is given to the description and explanation of the current status of regulation. The nature and scope of today's regulation can only be understood when its historical development is included in the examination. It is against this background that the authors make suggestions either for deregulation or for reformulation. The different chapters deal with: The theoretical basis of regulation, regulation in the areas of: The networked energy industry, telecommunications, traffic, banks, insurance markets. (orig./HSCH).

  3. The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

    Science.gov (United States)

    Birmontiene, Toma

    2010-03-01

    The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

  4. Chronicle of administrative law enforcement in the energy market. Part 1

    International Nuclear Information System (INIS)

    Van Leeuwen, E.W.T.M.; De Rijke, M.

    2012-01-01

    In addition to the Netherlands Competition Authority (NMa), the Netherlands Consumer Authority (CA) also regulates the energy market in the area of consumer rights. Both organizations will merge into the Consumer and Market Authority (ACM). This article provides an overview of the powers of the NMA and CA in relation to law enforcement as shaped by the various laws and law amendments. By means of settlement practices and the administration of justice, an overview is given of the main developments in law enforcement. In this first part, attention is paid to the enforcement instruments of both regulators and one instrument is examined in more detail: the injunction. Part two addresses the order for penalty payment, the civil penalty and the modification and revocation of licenses and exemptions. [nl

  5. Report made on behalf of the commission of economic affairs, environment and territory about the proposal of law, adopted in second lecture with modifications by the Senate, relative to the electricity and natural gas regulated tariffs

    International Nuclear Information System (INIS)

    2008-01-01

    This text is the conclusion of a long parliamentary procedure with several debates about electricity and natural gas prices, for both individual users and companies. The first article of the proposal of law relative to regulated electricity and gas tariffs, is the only one that remains to be discussed, and concerns the households and the companies with a low power consumption. Examined first at the Senate on October 1, 2007, this proposal of law was debated at the House of Commons on December 11, 2007 and modified for one important point: the possibility for households who have made the choice of a de-regulated energy supplier to change back and benefit again of the regulated tariffs. The adoption of this amendment has led to make some adjustments in the proposal of law which are presented in this document. (J.S.)

  6. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Science.gov (United States)

    2010-10-01

    ... Appealable Orders § 821.16 Interlocutory appeals from law judges' rulings on motions. Rulings of law judges... 49 Transportation 7 2010-10-01 2010-10-01 false Interlocutory appeals from law judges' rulings on motions. 821.16 Section 821.16 Transportation Other Regulations Relating to Transportation (Continued...

  7. 48 CFR 1253.222 - Application of labor laws to Government acquisitions.

    Science.gov (United States)

    2010-10-01

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

  8. Nuclear Law Bulletin No. 93, Volume 2014/1

    International Nuclear Information System (INIS)

    2014-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include: 'Progress towards a global nuclear liability regime'; 'The Convention on Supplementary Compensation for Nuclear Damage and participation by developing countries: A South African perspective'; 'Fusion energy and nuclear liability considerations'; and 'Nuclear energy and Indian society: Public engagement, risk assessment and legal frameworks'

  9. Anticorruption expertise of law-enforcement acts

    Directory of Open Access Journals (Sweden)

    Sergey B. Polyakov

    2015-12-01

    Full Text Available Objective to substantiate public necessity to define the subject methodological and organizational capabilities of anticorruption expertise of law enforcement acts. Methods universal dialecticmaterialistic method was used to study the needs in anticorruption expertise of law enforcement acts in the mechanism of legal regulation based on it general scientific and special formal legal and comparative legal methods of research used for the definition of subjectmatter of the proposed expertise. Results the value of anticorruption expertise of law enforcement was shown corruption factors and corruption indicators enabling legislation were identified ways of conducting such examinations were proposed. Scientific novelty the article examines the need and the subject proposes methods of a new type of anticorruption expertise. Practical significance the conditions of corruption are defined which are created in law enforcement activities and methods for their detection are proposed. nbsp

  10. Modeling the cost and benefit of proteome regulation in a growing bacterial cell

    Science.gov (United States)

    Sharma, Pooja; Pratim Pandey, Parth; Jain, Sanjay

    2018-07-01

    Escherichia coli cells differentially regulate the production of metabolic and ribosomal proteins in order to stay close to an optimal growth rate in different environments, and exhibit the bacterial growth laws as a consequence. We present a simple mathematical model of a growing-dividing cell in which an internal dynamical mechanism regulates the allocation of proteomic resources between different protein sectors. The model allows an endogenous determination of the growth rate of the cell as a function of cellular and environmental parameters, and reproduces the bacterial growth laws. We use the model and its variants to study the balance between the cost and benefit of regulation. A cost is incurred because cellular resources are diverted to produce the regulatory apparatus. We show that there is a window of environments or a ‘niche’ in which the unregulated cell has a higher fitness than the regulated cell. Outside this niche there is a large space of constant and time varying environments in which regulation is an advantage. A knowledge of the ‘niche boundaries’ allows one to gain an intuitive understanding of the class of environments in which regulation is an advantage for the organism and which would therefore favour the evolution of regulation. The model allows us to determine the ‘niche boundaries’ as a function of cellular parameters such as the size of the burden of the regulatory apparatus. This class of models may be useful in elucidating various tradeoffs in cells and in making in-silico predictions relevant for synthetic biology.

  11. Do Pre-Entry Tests Predict Competencies Required to Excel Academically in Law School?: An Empirical Investigation

    Science.gov (United States)

    Wamala, Robert

    2016-01-01

    Purpose: Prospective students of law are required to demonstrate competence in certain disciplines to attain admission to law school. The grounding in the disciplines is expected to demonstrate competencies required to excel academically in law school. The purpose of this study is to investigate the relevance of the law school admission test to…

  12. Using therapeutic jurisprudence and preventive law to examine disputants' best interests in mediating cases about physicians' practices: a guide for medical regulators.

    Science.gov (United States)

    Ferris, Lorraine E

    2004-01-01

    Therapeutic jurisprudence (TJ) and preventive law (PL) are used as two theoretical perspectives from which to examine the best interests of parties in mediation because of a dispute about a physician's practice. The focus is mediation provided by and/or for the medical regulator. The paper reviews the literature on TJ and PL, and their relationship to mediation, and demonstrates how medical regulators could benefit by working within a framework reflecting both these perspectives providing it does not involve an egregious matter. A TJ and PL framework would be of particular value in identifying cases for mediation and in evaluating resolutions to mediated disputes.

  13. History of the nuclear matter safety and control law

    International Nuclear Information System (INIS)

    Dean, G.

    1994-01-01

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

  14. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

    African Journals Online (AJOL)

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

  15. Competition Law and the Energy Sector (Konkurenčno pravo in energetski sektor

    Directory of Open Access Journals (Sweden)

    Peter Grilc

    2015-11-01

    Full Text Available The paper deals with the influence and place of competition law in the energy sector. Since energy is considered an economic sector, which is regulated, it also touches the phenomenon of regulation itself, as well as the liberalization. In terms of content it is divided into two parts. The first set is of general and introductory character. It deals with regulation, liberalization and competition law from conceptual aspects and tackles the relationship between rules that constitute sectoral regulation and legislation in the field of competition law. The different packages liberalization in the EU, especially the sectoral report in 2007 are dealt with, as well. The second part goes deeper into the analysis of recent cases in the field of competition law in the EU. It deals with agreements which restrict competition, abuse of dominant position. In particular, it analyses the long-term supply contracts and all steps for their assessment, as well as the competitive problems of public undertakings and undertakings with exclusive rights, and the latest anti-competitive practices.

  16. Environmetal protection within the law relating to regional policy. Anchoring the climatic protection und the protection of biodiversity within the law relating to regional policy; Umweltschutz im Planungsrecht. Die Verankerung des Klimaschutzes und des Schutzes der biologischen Vielfalt im raumbezogenen Planungsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Janssen, Gerold; Albrecht, Juliane [Leibniz-Institut fuer oekologische Raumentwicklung e.V., Dresden (Germany)

    2008-03-15

    The report is concerned with the anchoring of the climate protection within the law relating to regional policy. The report covers the following topics: (1) Fundamentals of planning policy: the regional planning legislation, municipal planning authority, constitutional provisos, environmental protection as constitutional principle; (2) climate protection laws: legal instruments; legal planning relevance of climate protection instruments deficiencies and protective effect; (3) biodiversity protection: laws concerning biodiversity, legal planning relevance of biodiversity protection instruments: deficiencies and protective effects.

  17. Offshore wind power system in the Exclusive Economic Zone. Applicability of German property law; Offshore-Windenergieanlagen in der AWZ. Anwendbarkeit des deutschen Sachenrechts

    Energy Technology Data Exchange (ETDEWEB)

    Schulz, Thomas; Glaesner, Michael [Linklaters LLP, Berlin (Germany)

    2013-04-15

    The present article shows how a lack of regulation has led to a certain degree of legal uncertainty as to whether offshore wind power plants located in the German Exclusive Economic Zone are amenable to German property law. For practical purposes this has made it necessary to negotiate project contracts such that the transfer of ownership of individual components is effected while these are still on shore, even if the purchase price has yet to be fully paid. The financing banks have a policy in place of demanding the establishment of a subsidiary which is to receive ownership of the assets. This makes the structure of such contracts a great deal more complicated in terms of corporations law and tax law. The present article summarises the experiences gained by lawyers in these matters, giving an overview of the different legal positions taken on them to date. It shows that the applicability of German property law follows from the law now in force. Aside from this the authors advocate amendments to the relevant IPR norm as a means of reinforcing legal certainty in practice and make a concrete proposal for a clause to this end.

  18. The Relevance of History of Biology to Teaching and Learning in the Life Sciences: The Case of Mendel's Laws

    Science.gov (United States)

    Dagher, Zoubeida R.

    2014-01-01

    Using Mendel's laws as a case in point, the purpose of this paper is to bring historical and philosophical perspectives together to help students understand science as a human endeavor. Three questions as addressed: (1) how did the Mendelian scheme, principles, or facts become labeled as laws, (2) to what extent do Mendel's laws exhibit…

  19. African Journals Online: Political Science & Law

    African Journals Online (AJOL)

    Items 1 - 18 of 18 ... The Journal for Juridical Science prefers articles which reflect basic legal ... the way that the law regulates important aspects of the economic process ... and industry, labour, the environment, education, training and culture;

  20. On the need of regulating surrogacy: Recent case law and activities in 2014

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2014-01-01

    Full Text Available The paper discusses three important events for a future possible international instrument on surrogacy with cross-border effects. The Hague Conference document 'The desirability and feasibility of further work on the Parentage / Surrogacy Project', the first two judgments of the European Court of Human Rights on the effects of cross-border surrogate motherhood and two judgments of the Court of the European Union on the right of intended mothers to maternity leave suggest that international regulation of the issues is desirable, but large differences between internal laws of states require further study on the possibility of reaching a consensus to draw up and accept a binding or not-binding multilateral instrument on the subject matter. The Mennesson v France ECHR judgment is particularly important, because it establishes violation of the right to respect private life of children who were given birth by a surrogate mother, and creates by this a contradiction between the margin of appreciation of a respective State and the principle of best interests of the child.

  1. THE CONTEMPORARY INTERNATIONAL LAW. A RELATION BETWEEN HUMAN RIGHTS AND THE INTERNATIONAL HUMANITARIAN LAW

    Directory of Open Access Journals (Sweden)

    JEANNETTE IRIGOIN BARRENE

    2018-01-01

    Full Text Available During an armed conflict, a change in the application of the human right regulations and international humanitarian law can be observed in the practice of contemporary international law. It is possible to observe at UN and International Courts’ levels an interesting trend in the sense of considering the application of both systems simultaneously in cases of international crisis as well as in internal conflicts. This innovation in contemporary international law can be observed initially in the change experimented by the legislation of the Human Rights’ European Court and specially and clearer in the Human Rights’ Inter American Court, which in cases against Honduras, Colombia, Paraguay and other countries, states that the State, being warrantor of the efficient protection of civil population, must apply and honor not only the Human Rights’ American Convention, but also the articles 13th and 14th of the II protocol of the Geneva Conventions of 1949. The convergence of both branches of the Law, and its application may help to achieve a better defense and efficiency of the fundamental rights of the human being.

  2. The landsnail Cepaea nemoralis regulates internal Cd levels when fed on Cd-enriched stinging nettle (Urtica dioica) leaves at low, field-relevant concentrations

    International Nuclear Information System (INIS)

    Notten, M.J.M.; Oosthoek, A.J.P.; Rozema, J.; Aerts, R.

    2006-01-01

    We studied Cd accumulation in Cepaea nemoralis snails at low, but field-relevant Cd concentrations in the diet (Urtica dioica leaves). Six treatments of U. dioica plants were grown, resulting in leaf Cd concentrations between 0 and 2.6 μg g -1 dw. Seven snails per treatment were fed for 38 days. Leaf Cd concentrations did not affect food consumption rates, and consequently Cd intake rates increased with increasing leaf concentrations. No differences were detected among treatments in the final soft tissue Cd concentrations and body burdens in the snails. Regression analyses showed no positive relationship between either snail Cd concentrations or body burdens and total Cd intake. This suggests a regulation of internal Cd concentrations at low food Cd concentrations. Our data suggest that Cd excretion via the mucus plays a substantial role in this regulation, in addition to Cd excretion via the faeces. Snail shells were no sinks for Cd. - Cd excretion via the mucus plays a substantial role in the regulation of C. nemoralis soft tissue Cd concentrations at low, but field-relevant Cd concentrations in the food

  3. The landsnail Cepaea nemoralis regulates internal Cd levels when fed on Cd-enriched stinging nettle (Urtica dioica) leaves at low, field-relevant concentrations

    Energy Technology Data Exchange (ETDEWEB)

    Notten, M.J.M. [Institute of Ecological Science, Department of Systems Ecology, Vrije Universiteit Amsterdam, De Boelelaan 1085, 1081 HV, Amsterdam (Netherlands)]. E-mail: martje.notten@ecology.falw.vu.nl; Oosthoek, A.J.P. [Institute of Ecological Science, Department of Systems Ecology, Vrije Universiteit Amsterdam, De Boelelaan 1085, 1081 HV, Amsterdam (Netherlands); Rozema, J. [Institute of Ecological Science, Department of Systems Ecology, Vrije Universiteit Amsterdam, De Boelelaan 1085, 1081 HV, Amsterdam (Netherlands); Aerts, R. [Institute of Ecological Science, Department of Systems Ecology, Vrije Universiteit Amsterdam, De Boelelaan 1085, 1081 HV, Amsterdam (Netherlands)

    2006-01-15

    We studied Cd accumulation in Cepaea nemoralis snails at low, but field-relevant Cd concentrations in the diet (Urtica dioica leaves). Six treatments of U. dioica plants were grown, resulting in leaf Cd concentrations between 0 and 2.6 {mu}g g{sup -1} dw. Seven snails per treatment were fed for 38 days. Leaf Cd concentrations did not affect food consumption rates, and consequently Cd intake rates increased with increasing leaf concentrations. No differences were detected among treatments in the final soft tissue Cd concentrations and body burdens in the snails. Regression analyses showed no positive relationship between either snail Cd concentrations or body burdens and total Cd intake. This suggests a regulation of internal Cd concentrations at low food Cd concentrations. Our data suggest that Cd excretion via the mucus plays a substantial role in this regulation, in addition to Cd excretion via the faeces. Snail shells were no sinks for Cd. - Cd excretion via the mucus plays a substantial role in the regulation of C. nemoralis soft tissue Cd concentrations at low, but field-relevant Cd concentrations in the food.

  4. Medical inspection according to the new nuclear power law

    International Nuclear Information System (INIS)

    Ligteringen, J.

    1982-01-01

    Industrial medicine is an underdeveloped discipline in the Netherlands. The author surveys the discrepancies between the laws regulating health protection by medical inspection, reporting and evaluation, and the laws concerning these points when work with radioactive materials or apparatuses producing ionising radiations is involved. Points to be cleared up are presented. (Auth.)

  5. Regulation on the training-schools and institutions for radiation-technicians and x-ray technicians

    International Nuclear Information System (INIS)

    1977-01-01

    The regulation, in accordance with the Law on X-ray technicians (Law No. 227, 1951), controls and makes rules of the establishment and activities of schools and institutions for those technicians as above mentioned, with intent to secure prescribed qualifications and capabilities of said technicians. Such schools and institutions shall get the designation by relevant ministers of the government who have the power to supervise them, namely the Education Minister and the Minister for Health and Welfare (Article 2). Articles 4 and 4(2) prescribe the standards for the relevant ministers to make the designation of those schools and institutions, in relation to the school years, curriculums, teachers, equipments, etc. According to the standards, those schools and institutions may be of 3-year, 2-year on one-year course according to the required attainment level of students who enters them. The minimum requirement of the attainment is the secondary-school certificates for the 3-year course. The relevant ministers may require such reports from, and give such instructions to those schools and institutions as they consider necessary, and may revoke their designation when such a school on institution has become incompliant with above mentioned standards (Articles 6 and 7). (Matsushima, A.)

  6. Legitimacy versus morality: Why do the Chinese obey the law?

    Science.gov (United States)

    Gao, Jingkang; Zhao, Jinhua

    2018-04-01

    This study explored two aspects of the rule of law in China: (1) motivations for compliance with 4 groups of everyday laws and regulations and (2) determinants of the legitimacy of legal authorities. We applied a structural equations model, constructed from Tyler's conceptual process-based self-regulation model with morality added as a motivation, to online questionnaire responses from 1,000 Shanghai drivers. We explored the compliance with four particular groups of laws: public disturbance; conventional traffic laws; illegal downloading; and distracted driving. The results were threefold. First, for all four groups of laws, the perceived morality influenced compliance consistently and more strongly than the perceived legitimacy of the authorities and all other motivations. The influence of perceived legitimacy of authorities was inconsistent across the four groups of laws tested. Second, the influence of perceived severity of punishment was consistent and significant across all four groups of laws, whereas perceived risk of apprehension had no significant impact on compliance. Third, evaluations of procedural fairness, not those concerning the equitable distribution of law enforcement services and effectiveness of law enforcement, were most strongly linked to legitimacy. In addition to showing that China is a law-abiding society governed by morality, these results underscore the importance of examining morality and magnitude of punishment as potential motivations for compliance in addition to legitimacy and certainty of punishment. They also illustrate the necessity to examine different groups of laws separately when studying compliance. Finally, these results challenge the linkage between legitimacy and compliance previously established in the literature. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

  7. EU COMPETITION LAW AND THE TELECOMS SINGLE MARKET: NETWORK NEUTRALITY IN THE AFTERMATH OF THE TSM REGULATION

    Directory of Open Access Journals (Sweden)

    Noemí ANGULO GARZARO

    2016-05-01

    Full Text Available Since the early 1990s, a sharp increase in the Internet traffic has been experienced. Technology, once again, has proven to be able to develop faster than regulation. In this endlessly evolving scenario, operators in the technology markets, as well as end-users, often find themselves under-protected. Therefore, it comes as a major concern the need to regulate those technological markets and, more specifically, the use –or abuse– of Internet. All Internet traffic should be treated equally and that is, precisely, what network neutrality aims at. Consequently, network operators may not take advantage of their position in the market to affect competition in related markets. All in all, network neutrality is crucial to achieve the highest degree of competition. In the absence of network neutrality, the Internet would find itself unable to qualify as a market merely driven by innovation, and it would unfailingly turn into one ruled by deal making. Competition law claims that the higher the neutrality is – i.e., the more equal the treatment is, the better it is for the consumer. If network operating companies create an exploitative business model, they might be able to block competitors’ websites and services; in other words, it may facilitate adoption of anticompetitive practices – namely, the abuse of their dominant position. Transcending all the arguments raised against network neutrality –such as the prevention of an overuse of bandwidth–, we will demonstrate that it must be deemed essential from a Competition law perspective. In addition, we will argue, the imperative necessity of leaving the market under the tough scrutiny of competition authorities, which are best placed to assess the anticompetitive character of the practices brought about by market operators.

  8. Offshore Finfish Aquaculture in the United States: An Examination of Federal Laws That Could be Used to Address Environmental and Occupational Public Health Risks

    Directory of Open Access Journals (Sweden)

    Jillian P. Fry

    2014-11-01

    Full Text Available Half of the world’s edible seafood comes from aquaculture, and the United States (US government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

  9. Legal financial institutions in the Water Law Act

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2015-12-01

    Full Text Available Some fees and payments are connected with obligatory participation in the cost of public projects and public investment. In the framework of the Water Law Act there are diverse public payments and fees. In this law there is the drainage fee and the investment fee. There are also contributions and other payments to the water companies. In the regulations of the Water Law Act there are also legal financial solutions for sharing the public costs, the use of budget subsidies, fixing and allocation of public expenditure.

  10. Handbook on German-Russian energy law; Handbuch zum deutsch-russischen Energierecht

    Energy Technology Data Exchange (ETDEWEB)

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

    2010-07-01

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

  11. Taking of hostages as an offense in international law and Serbian regulations

    Directory of Open Access Journals (Sweden)

    Cmiljanić Bajo M.

    2012-01-01

    Full Text Available In the development of international relations, hostage-taking was carried out as an insurance against fraud, not keeping obligations, or according to the rules of war law. Earlier taking hostages was more related to armed conflicts, and in modern times it is more related to terrorist acts in international terrorism. The taking of hostages is an international offense, which has its essential elements and characteristics. It is a crime punishable under the national legislation of many countries, and taking of hostages in armed conflicts is a war crime for which the International Criminal Court is responsible. International terrorism is manifested through a variety of terrorist acts, which, through fear and panic aim to achieve a political purpose. The range of these terrorist acts is wide and varied. One of these terrorist activities is the taking of hostages. As an offense established by the norms of international law, this unlawful act must be specifically investigated and clarified, which is the goal of this paper. This paper gives an overview of the features and elements of the offense in the light of international law and the laws of the Republic of Serbia.

  12. Conceptions of safety and their lawful realisation

    International Nuclear Information System (INIS)

    Lindackers, K.H.

    1978-01-01

    Firstly the paper will demonstrate which safety regulations currently apply specifically to power stations. On closer inspection of these safety regulations, it becomes evident that full comprehension of their significance and effects requires specialised knowledge which it is not possible for a layman to have. An attempt will be made to describe in concrete terms a layman's conceptions of safety. In the last part of the paper proposals will be made as to how congruence may be attained in the future between layman's conceptions of safety and their lawful realisation. In this connection the course of the licensing procedure will be considered and also the extent to which the people concerned are involved in it. In the coming years we must work towards an understanding of and trust in the lawful safety regulations by the public. Only in this way can the existing emotions be eradicated and the basis for the agitators' activities be removed. (orig./HP) [de

  13. THE EMERGENCE OF A DISCIPLINE: INFORMATION LAW

    Directory of Open Access Journals (Sweden)

    Mihai-Ştefan DINU

    2016-06-01

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

  14. Case law

    International Nuclear Information System (INIS)

    Anon.

    2011-01-01

    Ninth Circuit held that the NRC's environmental review did not comply with NEPA due to the agency's categorical refusal to consider the environmental impacts of terrorist attacks on the proposed ISFSI. The Ninth Circuit remanded the case for the NRC to fulfill its NEPA obligations. United States - Case law 2 - Judgment of a US District Court on an exemption from fire safety regulations: This case concerns the validity of an exemption that the US Nuclear Regulatory Commission (NRC) issued to a licensee from the NRC's fire safety regulations, which were promulgated in 1980. These regulations, among other things, mandate that barriers intended to protect redundant systems for shutting down reactor units shall be able to withstand fire for at least one hour and for longer if a nuclear power plant does not have fire detectors and an automatic fire suppression system. 14 The final rule that enacted these regulations granted licensees 30 days to apply for an exemption from any aspect of the NRC's fire safety programme. 15 The NRC's fire safety regulations with this exemption provision were upheld in Connecticut Light and Power Co. v NRC, 673 F.2d 525 (D.C. Cir. 1982), which held that the commission had the authority to enact these regulations and that the exemption provision was 'critical' to the programme

  15. HIV / AIDS and the law.

    Science.gov (United States)

    1997-09-01

    Since HIV is sexually transmitted, people living with AIDS and HIV (PWA/PHA) risk being stigmatized as immoral and promiscuous and they are often discriminated against in society. To this effect, the South African AIDS Law Project and Lawyers for Human Rights have developed a comprehensive resource manual detailing human rights with a special emphasis on issues relevant to PWA/PHA. The concept of the manual aimed to look at the legal and human rights questions that have been raised by the HIV/AIDS epidemic; inform people living with HIV/AIDS about their rights and the law; provide people working in businesses, trade unions, and nongovernmental organization with information about correct and incorrect responses to HIV/AIDS; and give victims of discrimination ideas on how to fight back. This manual initially introduces basic facts about HIV and AIDS and then describes the legal system and the Bill of Rights within the new South African Constitution. The main areas of focus in the manual include: 1) patient's medical rights, 2) employment rights, 3) women's rights, 4) the rights of lesbians and gay men, 5) the rights of youth and children, 6) the rights of prisoners, 7) social support for PWA, 8) HIV/AIDS and insurance law, 9) power of attorney and making wills, 10) criminal law, and 11) legal remedies, such as using the law to protect one's rights.

  16. Laboratory Test of Newton's Second Law for Small Accelerations

    International Nuclear Information System (INIS)

    Gundlach, J. H.; Schlamminger, S.; Spitzer, C. D.; Choi, K.-Y.; Woodahl, B. A.; Coy, J. J.; Fischbach, E.

    2007-01-01

    We have tested the proportionality of force and acceleration in Newton's second law, F=ma, in the limit of small forces and accelerations. Our tests reach well below the acceleration scales relevant to understanding several current astrophysical puzzles such as the flatness of galactic rotation curves, the Pioneer anomaly, and the Hubble acceleration. We find good agreement with Newton's second law at accelerations as small as 5x10 -14 m/s 2

  17. Determining authority of Dutch case law

    NARCIS (Netherlands)

    Winkels, R.; de Ruyter, J.; Kroese, H.

    2011-01-01

    In this paper we present the results of two studies to see whether the analysis of the network of citations between cases can be used as an indication of the relevance and authority in the Dutch legal system. Fowler e.a. have shown such results for the US common law system, but given the different

  18. Service order execution procedure (in terms of labour law

    Directory of Open Access Journals (Sweden)

    Ana VIDAT

    2015-06-01

    Full Text Available From the perspective of labor law, it is understood that the execution of the order of service, the essence of labor discipline, has in principle lawful purpose and, consequently, can not attract liability. It requires, however, the regulation mechanism by which theoretical assertions regarding order execution service materializes from a procedural standpoint.

  19. Considerations on post-production obligations in terms of Atomic Energy Law

    International Nuclear Information System (INIS)

    Rebentisch, M.

    1992-01-01

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

  20. RELEVANSI SISTEM CIVIL LAW DAN COMMON LAW DALAM PENGATURAN HUKUM PERJANJIAN BAKU DI INDONESIA

    Directory of Open Access Journals (Sweden)

    Ernu Widodo

    2010-12-01

    Full Text Available Legislation and court decisions have limited the power of the freedom principle of contract enforcement. In the business world, it has been imposed the restrictions on the principle of freedom of contract through a standard agreement (standard contract. In the practice realm, this restriction do not preclude the parties to fulfill their legal interests through definite agreement. This kind of agreement has been growing to meet legal needs of society despite its substantial and procedural material has not fulfilled the principle of freedom of contract. This assessment system is to show the relevance of the Civil Law and Common Law in the development of standard contract arrangement. Peraturan  perundang-undangan  dan  putusan  pengadilan  telah  membatasi  daya  berlakunya asas kebebasan berkontrak. Di dalam dunia bisnis, telah diberlakukan pembatasan pula atas asas kebebasan berkontrak melalui perjanjian baku (standard contract. Di dalam prakteknya, pembatasan tersebut tidak menghalangi para pihak untuk memenuhi kepentingan hukumnya melalui perjanjian baku. Perjanjian baku semakin berkembang dalam memenuhi kebutuhan hukum masyarakat meskipun perjanjian baku baik secara substansiil maupun prosedural belum memenuhi sepenuhnya berlakunya asas kebebasan berkontrak. Pengkajian ini hendak menunjukkan relevansi sistem Civil Law dan Common Law dalam pengembangan pengaturan perjanjian baku.

  1. Regulation Development for Drinking Water Contaminants

    Science.gov (United States)

    To explain what process and information underlies regulations including how the Safe Drinking Water Act applies to regulation development i.e. how does the drinking water law translate into regulations.

  2. 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

  3. Maritime law and naval arms limitation: A Soviet perspective

    International Nuclear Information System (INIS)

    Vtorygin, L.

    1986-01-01

    Under conditions of the sharply aggravated international situation, there is an urgent necessity to intensify the struggle for the creation and consistent application of the principles and rules of international security law - which is a newly developing branch of modern international law. The Soviet scientists working in the field of international law regard international security law as a leading branch among the various branches of modern international law. The principles and rules of international security law are called upon to regulate international relations in the spheres of arms race limitation, in disarmament (particularly nuclear disarmament), and in the employment of naval fleets with one purpose only-to protect peace. They present, by themselves, an important group of principles and rules which influence the formation of a new international legal order in the oceans

  4. Nuclear energy and radiation protection law: no. 14 1987

    International Nuclear Information System (INIS)

    1987-01-01

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

  5. Regulating food law : risk analysis and the precautionary principle as general principles of EU food law

    NARCIS (Netherlands)

    Szajkowska, A.

    2012-01-01

    In food law scientific evidence occupies a central position. This study offers a legal insight into risk analysis and the precautionary principle, positioned in the EU as general principles applicable to all food safety measures, both national and EU. It develops a new method of looking at these

  6. On the history of codification of Hungarian civil law and the new Hungarian civil code

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2014-01-01

    Full Text Available The first part of the paper examines the basic tendencies in the development of the codification of Hungarian civil law in the period of representative and civil society. The second part deals with the new Hungarian Civil Code (2013/14 its content, methods of regulation and its relation to other civil legislation, temporal validity with the adherence to the idea of validity pro futuro, as well as its tendency to harmonize its norms with the guidelines of the European civil law. In accordance with the idea of completeness, the lawmakers incorporated all of the areas of civil law according to the pandecta system - personal law, corporate law with civil association law, family law, obligations and inheritance. The Code is based on the principle of equality of parties in civil relations, the principle of good faith, fraus legis prohibition. Family law is based on specific principles of protection of marriage, family and children. Contract law is based on the freedom of contract, limited by good customs and morality. Tort law is guided by the principle of prohibiting the harm to others, full compensation of material and imaterial damages. Contractual responsibility is regulated separately, so that the tort rules apply if the specific rules of contractual responsibility donot say otherwise. Other grounds for obligations are also regulated, as well as unjustified enrichment, doing business without order or authority, unilateral expression of intention and securities. The grounds for inheritance are contractual, statutory or based on the will. Freedom of disposition by will is limited by statutory rules regulating the forced share. The system of transfer of property ex lege after the death is adopted. The state is a successor if there are no testamentary, statutory or contractual inheritors.

  7. Law for the Integral Management of Waste No. 8839

    International Nuclear Information System (INIS)

    2010-01-01

    The Law for Integral Waste Management No. 8839 was enacted in Costa Rica in 2010. The purpose of this law has been to regulate the integral management of residues and the efficient use of the resources, through the planning and execution of regulatory actions, operational, financial, administrative, educational, environmental and healthy of monitoring and evaluation [es

  8. Natural Gas Regulation

    International Nuclear Information System (INIS)

    1995-01-01

    The regulation of Natural Gas. Natural gas Regulation clarifies and consolidates the legal and institutional framework for development of the industry through six principal elements: 1) Establishment of a vision of the industry. 2) Development of regulatory objectives. 3) Determination of relationships among industry participants. 4) Clear specification of the role of PEMEX in the industry. 5) Definition of the functions of the Regulatory authority. 6) Creation of a transition regime. In parallel with the development of the substantive legal framework, the law of the Comision Reguladora de Energia (CRE) was also enacted by Congress in October 1995 to strength the institutional framework and implement the legal changes. This law defines the CRE as an agency of the Energy Ministry with technical, operational, and budgetary autonomy, and responsibility for implementing natural gas industry regulation. (Author)

  9. The open access regulation in Brazil; A regulacao do livre acesso no Brasil

    Energy Technology Data Exchange (ETDEWEB)

    Andrade, Maisa Medeiros Pacheco de; Siqueira, Mariana de; Xavier, Yanko Marcius de Alencar [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil)

    2008-07-01

    The present research, attempting for the economic relevance of the natural gas sector, for the lack of a law that disciplines it and, still, for the structural question of the natural gas ducts activity; it analyzes the monopoly of the natural gas ducts activity and the mechanism of competition chosen to brighten up it: the open access. The regulation of the open access and the viability that the insert of this practice has to Brazil nowadays are very important points to be discussed and, in that way, the present research also analyses them. (author)

  10. Polycomb repressive complex 2 regulates MiR-200b in retinal endothelial cells: potential relevance in diabetic retinopathy.

    Directory of Open Access Journals (Sweden)

    Michael Anthony Ruiz

    Full Text Available Glucose-induced augmented vascular endothelial growth factor (VEGF production is a key event in diabetic retinopathy. We have previously demonstrated that downregulation of miR-200b increases VEGF, mediating structural and functional changes in the retina in diabetes. However, mechanisms regulating miR-200b in diabetes are not known. Histone methyltransferase complex, Polycomb Repressive Complex 2 (PRC2, has been shown to repress miRNAs in neoplastic process. We hypothesized that, in diabetes, PRC2 represses miR-200b through its histone H3 lysine-27 trimethylation mark. We show that human retinal microvascular endothelial cells exposed to high levels of glucose regulate miR-200b repression through histone methylation and that inhibition of PRC2 increases miR-200b while reducing VEGF. Furthermore, retinal tissue from animal models of diabetes showed increased expression of major PRC2 components, demonstrating in vivo relevance. This research established a repressive relationship between PRC2 and miR-200b, providing evidence of a novel mechanism of miRNA regulation through histone methylation.

  11. 48 CFR 3053.222-70 - Application of labor laws to Government acquisitions.

    Science.gov (United States)

    2010-10-01

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

  12. Legal and administrative regulation of the petroleum industry in Trinidad and Tobago: a study of law and policy in petroleum development

    Energy Technology Data Exchange (ETDEWEB)

    Khan, K I.F.

    1984-01-01

    This work has, through an in-depth assessment of the law and institutions employed in the petroleum industry in Trinidad and Tobago, evaluated their viability in achieving declared state objectives and in providing a legal and administrative framework for regulating this industry. After considering the evolution of laws, policies, and institutions, the work focuses mainly on the petroleum contract, the national oil company, taxation of petroleum operations, and the ways of integrating the industry into the national economy and achieving an effective transfer of technology. These central areas are examined from a policy perspective which looks at their role, inter alia, as instruments of development, for securing active state participation, in the creation of an efficient and effective regulatory infrastructure and in allowing an optimum development of the resources, in the interest of the state. Further this examination provides the basis for suggested reforms and improvements to the existing model.

  13. SURROGACY POLICY IN INDIA AND NEED OF ACTS TO REGULATE COMMERCIAL SURROGACY

    OpenAIRE

    Chaturvedi; Garg; Abha; Vidya; Praveen

    2014-01-01

    Surrogacy is an arrangement by which a woman, called as surrogate, carries and delivers the offspring of the commissioning parents and it has been recognized in India under the ART treatment. For commercial surrogacy, there is no any uniform law in India or there is no law that binds or regulates this industry. In this paper, we have focused our attention on the present existing laws or guidelines regulating surrogacy with emphasis on need for stringent laws to regulate co...

  14. French case law and the use of nuclear energy

    International Nuclear Information System (INIS)

    Hebert, Jean

    1980-01-01

    This Article which covers the most representative examples of French case-law in the nuclear field, analyses the cases involved and the relevant court decisions. It describes the evolution of the nuclear debate in France, the progressive constitution of anti-nuclear associations and their fight against nuclear energy development in the courts in the context of the licensing procedures for nuclear installations. The author analyses French law and the legal basis for the courts' decisions. (NEA) [fr

  15. Legal regulation of treatment of wild animals

    OpenAIRE

    Kolečkářová, Eliška

    2014-01-01

    The diploma thesis deals with the legal regulation of the treatment with wild animals. It compares different terms used in legal regulation of protection of animals. It specified differences between concept of an animal in private law and public law. The diploma thesis is focused on possibilities of gaining ownership to the wild animals, proving origin of animals bred in human care. It concerns with legal regulation of treatment with handicap animals. The diploma thesis analyzes preparation a...

  16. Applicable Employment Law after Rome I

    DEFF Research Database (Denmark)

    Hansen, Lone L.

    2008-01-01

    The article analyses the extent to which implementation of the present proposal for a Rome I Regulation will change the existing principles for international choice of law with respect to employment relationships. The special concept of "temporary" posted employees will undergo significant changes...

  17. In Search of a Trans-national Climate Change Law

    International Nuclear Information System (INIS)

    Lassus Saint-Genies, Geraud de

    2016-01-01

    Private entities engagement in the battle against climate change is a well-established fact, and a source of intense and diversified normative activity. A certain type of climate rules has thus arisen, with a private origin and an international scope, as they transcend the borders of existing territories. In this context, one could wonder about the possible existence of a trans-national climate change law, as a relatively autonomous body of law, which would exist at the margins of international and national climate change law. Building on the discussions that have been conducted about the trans-national law in other areas of regulations, this study intends to provide answers about the possible existence of a trans-national climate change law

  18. Law on the use of atomic energy for peaceful purposes

    International Nuclear Information System (INIS)

    1995-01-01

    This is an amended and corrected edition of the Bulgarian atomic energy law. Its purpose is to promote nuclear energy peaceful applications, to regulate the use of radioactive substances and instrumentation, to provide protection against the radioactive hazards. The Law also determines the status of the Governmental Regulatory Body - the CUAEPP

  19. 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…

  20. Proposed law concerning the phase-out of nuclear power

    International Nuclear Information System (INIS)

    1997-01-01

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