WorldWideScience

Sample records for satellites legal aspects

  1. Legal and Political Aspects of Satellite Telecommunication: An Annotated Bibliography.

    Science.gov (United States)

    Shervis, Katherine, Comp.

    The potential of satellites for telecommunication is enormous; however, it is possible that political and legal barriers rather than technological considerations will ultimately shape the utilization of satellite systems. This annotated bibliography is designed for use by lawyers, political scientists, technicians, engineers, and scholars who need…

  2. Legal Aspects of Propaganda and Incitement via Satellite

    Science.gov (United States)

    Achilleas, P.

    2002-01-01

    At the beginning of space broadcasting, the use of satellite for propaganda was feared by most countries. Several studies have shown the potential threat of propaganda via satellite. For these reasons, some delegations tried unsuccessfully to include in the 1967 Outer Space Treaty an article prohibiting space propaganda. Finally, under pressure from the Soviet Union and Brazil, the preamble of the 1967 Treaty refers to the 1947 Resolution 110 (II) of the United Nations General Assembly, which condemns propaganda. International law complements the Outer Space Treaty by expressly condemning certain types of propaganda. International law, through several texts condemns war propaganda aimed at provoking armed conflict as well as subversive propaganda aimed at provoking a Coup d'Etat. With the recent war in Afghanistan, the question of war incitement via satellite was invoked in regard to the channel Al Jazzera which was reproached for encouraging conflict and diffusing the words of Osama Ben Laden calling for holy war against the United States. Here again, international law prohibits war incitement. However, the notion of propaganda and war incitement does not lead to an automatic restriction of information since communication via satellite is also protected by freedom of information. Therefore, in all democratic societies, a balance should be made between freedom of information and protection of public order, national security and international peace. Several examples will be taken in order to illustrate this paper, for example of Al Jazzera accused of war and terrorist incitement, Med TV accused by Turkey of subversive Kurdish propaganda and CNN accused by China of defamatory propaganda.

  3. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  4. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de

  5. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  6. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

    Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to

  7. Legal aspects of dosimetry

    International Nuclear Information System (INIS)

    Pomarola, H.

    1976-01-01

    The use of ionizing radiations is regulated in France in all fields of application. The main principles governing inspection activities in the food industry are outlined. Conventional preservation methods are mentioned, after which a discussion is devoted to the preservation of food products by irradiation treatment and the increasing importance given to this technique. Consumer protection automatically implies the obligatory use of dosimetry by inspection organisms if the irradiated merchandise is likely to serve for human or animal consumption. Irradiation treatment permits are granted in a context of specific statutory texts mentioned here. Supervision is constant, but always both realistic and flexible. Each aspect of this treatment is discussed in maximum detail if not quite exhaustively, with special emphasis on dosimetry as an indispensable safety factor [fr

  8. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

    The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)

  9. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

    Malheiros, T.M.M.; Knoefell, T.M.J.

    1988-01-01

    The goal of this paper is to discuss the main legal aspects related to the application of ionizing radiation in the industry, medicine, agriculture, scientific activities to envisage from the in force legislation the competence and responsibility for the control of radiation facilities comprising regulation, licensing and inspection. Legislation does not embrace all the aspects related to radiation facilities regarding to the specific provisions on civil liability concerning damages caused by non nuclear radiological accidents. The law nr.6.453 is applied only to nuclear accident, as defined in its rules. (author) [pt

  10. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

  11. Environmental, legal and managerial aspects

    International Nuclear Information System (INIS)

    1978-09-01

    This U.S. contribution to the syllabus for Subgroup 5C treats with environmental and ecological aspects specific to fast breeder reactors, physical protection and safeguarding of the FBR cycle, fuel cycle centers (site selection problems for different degrees of collocation) and administrative and legal problems. Decommissioning of an FBR power plant, syllabus item C.1.7, is treated in separate contribution, more information on advanced safeguards for the fast breeder fyel cycle is contained in the contribution, USA WG 5C-tbd. A key conclusion of this is that with safeguards planning initiated early in the development of the FBR fuel cycle, time is available to develop, evaluate, and implement improved safeguards techniques and incorporate them into the design phase of all FBR cycle facilities

  12. [Communication in health care - legal aspects].

    Science.gov (United States)

    Mina, András

    2016-04-24

    This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

  13. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

    Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

    2011-01-01

    In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

  14. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.

  15. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

    An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)

  16. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

    Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)

  17. Teaching the Legal Aspects of Business Communication.

    Science.gov (United States)

    Harcourt, Jules

    1990-01-01

    Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)

  18. Radiologic protection: technical and legal aspects

    International Nuclear Information System (INIS)

    Pinto, A.V.A.

    1987-01-01

    Radiologic units are described with the aim to decodify the technical dosimetric language. The legal aspect of radiologic protection in Brazil is reported. Information about help in case of radiation accident is presented. (M.A.C.) [pt

  19. Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

    The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

  20. CHILD LABOR ABUSE: LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Darko Majhoshev

    2016-01-01

    Full Text Available The paper addresses the problem of child labor and ways of protection from child labor abuse. Child labor is a negative social phenomenon that is widespread throughout the world, and also in Republic of Macedonia. International and national institutions and organizations are making serious efforts to eradicate this negative phenomenon, through the adoption of numerous international legal instruments (conventions, recommendations, declarations, etc.. Child labor as a phenomenon refers to the employment of children in any work that deprives children of their childhood, interferes with their ability of education, and that is socially, mentally, physically, or morally dangerous and harmful. All international organizations define this practice as exploitative and destructive to the development of the whole society. With international legal instruments of the UN, ILO, Council of Europe and the EU child labor is strictly prohibited. There are some important differences which exist between the many kinds of work that is done by children. Some of them are demanding and difficult, others are hazardous and morally reprehensible. Children are doing a very wide range of activities and tasks when they work.

  1. Crimean Referendum: International Legal Aspects

    Directory of Open Access Journals (Sweden)

    Michael Geistlinger

    2014-12-01

    Full Text Available The article examines the key aspects of the accession of the Republic of Crimea to the Russian Federation as the example of enforcement of the people’s right to self-determination, secured in UN Charter. International law basis of the accession, as well analysis of key reasons and consequences of this international precedent are under consideration.

  2. Legal Aspects In Stroke Management

    Directory of Open Access Journals (Sweden)

    Reza Hajmanouchehri

    2017-02-01

    Full Text Available Due to increasing the cases of complaint from therapeutic staff, referred to Legal Medicine decided to mention a few examples of these actions and by reviewing them, we want to do something even nothing to prevention. Three cases were given and discussed in this article. 1. Patient is a 68-year-old woman complaining of weakness of her left side and speech disturbance that started about 2 hours earlier, was admitted to hospital at 8 am. Patient with a diagnosis of ischemic stroke in progress is placed in antiplatelet therapy (Plavix 4 initial dose and one per day and an 80 mg aspirin per day and anti-Coagulation Heparin (initial dose of 6000 units and 1000 units per hour.Patient conflicts with loss of consciousness at 17:45. By doing CT, they have found a large hemorrhage in the right parietal Frontó with severe shift from midline, IVH, SAH. Currently, patient has movement disorders and several cerebral complications. 2. The patient took under angiography because of chest pain. Patient had an unpleasant feeling in organs at the time of angiography and the symptoms have been intensified in the afternoon of that day and conflicted with headache and blurred vision. The next day, he also afflicted with weakness of organs and at 8 am neurology consultation is requested, and according to a neurologist takes MRI. The patient was suffered from speech impairment and right hemiparesis. MRI indicates stroke. Two days later, intravenous heparin begins. The Patient discharged on 31/4/ … . 3. The patient hospitalized because of headache and weakness of right organs and with a presumptive diagnosis of stroke. Headache had progressive trend. There were not seen certain lesions on the initial CT. 5000 units of heparin with 1000 units of infusion in an hour starts with telephone orders at 8 am. The morning 1/8 /..., he afflicted with loss of consciousness, and transferred to the ICU. In morning experiment, patient’s platelet is reported low (47000.The patient

  3. Legal aspects of transfrontier air pollution

    International Nuclear Information System (INIS)

    Rauschning, D.

    1986-01-01

    This contribution deals with the technical developments and the necessary adaptation of the legal and social systems in the various states. The author first discusses provisions of international law with regard to giving proof of environmental pollution caused by a neighbour state. He then deals with the legal aspects of long-distance air pollution. Finally, the Federal German substantial air pollution control law and relevant licensing provisions are taken as an example to show how the Federal Republic of Germany comes up to the obligations set by international law, to provide for due protection of the environment in neighbour states. (orig./HSCH) [de

  4. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

    Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

    2018-03-01

    The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

  5. Economic and Legal Aspects of Electronic Money

    Directory of Open Access Journals (Sweden)

    Otakar Schlossberger

    2016-06-01

    Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

  6. Surrogacy: ethical, legal, and social aspects.

    Science.gov (United States)

    Bromham, D R

    1995-09-01

    In considering the interrelated ethical, legal and social aspects of surrogacy we acknowledge that society has long accepted the delegation of various parenteral functions and explore the role of a surrogate in relationship to this as well as alluding to commoner comparisons with prostitution and adultery. In particular, the "birth mother" rule, the public antipathy to "commercial" surrogacy and restrictive legislation are explored and found to be inappropriate. It is concluded that the regulation, surveillance and assessment needed to ensure the best outcome for all concerned would perhaps be easiest achieved in programmes that are formally licensed under permissive legislation and adequately funded by "commercial" means.

  7. Legal aspects of some internet marketing instruments

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2012-01-01

    Full Text Available The development of the Internet and sophisticated search engines such as e.g. Google together with the spread of social networks have introduced new marketing possibilities of addressing potential clients with offer of goods and services. Unlike most traditional marketing procedures, these instruments allow for targeting the business information directly at concrete individuals, taking into consideration their age, sex, education, hobbies. All this is based on their choice of words keyed into the search engines. This is the targeted advertising where consumer response can be accurately measured, e.i. the so called context advertising.The purpose of this paper is to analyse the legal aspects of some of the above mentioned internet marketing instruments, as even in this sphere legal regulation clearly lags behind the dynamically developing possibilities of the Internet as a means of communication. These marketing methods being viewed from the perspective of valid laws, several problem areas may be detected, which concern the right of privacy protection of natural person, intellectual property, or legal regulation of implied or unsolicited advertising.This paper concentrates on the summary of rules of law which regulate internet users privacy protection with respect to the Czech and Community laws, assessment of their efficiency and de lege ferenda discretion.

  8. International acceptance of irradiated food. Legal aspects

    International Nuclear Information System (INIS)

    1979-01-01

    The three international organizations competent in the field of irradiation processing for the preservation of food (FAO, WHO, IAEA), convened, at the end of 1977, an Advisory Group to revise and update the recommendations of a similar group which met in early 1972. The Advisory Group considered how national regulations could be harmonized so as to facilitate the international movement of irradiated food. This publication contains the Report of the Advisory Group, which summarizes the considerations of the Group on regulatory control over the irradiation plant and irradiation of foods, and on assurances for comparability of control (international labelling and documentation). Annexes 1 to 6 are included in order to complete the relevant information on the legal aspects of this subject. They include a Draft General Standard for Irradiated Foods, a Draft Code of Practice for the Operation of Radiation Facilities Used for the Treatment of Foods, Recommendations of a Consultation Group on the Legal Aspects of Food Irradiation, a Listing of the Legislation on Food Irradiation Adopted in Member States (1971-1976), and Model Regulations for the Control of and Trade in Irradiated Food

  9. Legal and Psychological Aspects of Mediation

    Directory of Open Access Journals (Sweden)

    Dobrokhotova E. N.

    2016-01-01

    Full Text Available The article focuses on gradual innovation of mediation into the practice of social conflict resolution in the light of legal and psychological means of mediation. While mediation is perceived as a conflictological concept and is more widely used in dispute settlement and resolution, a new interdisciplinary field of theoretical knowledge with its own conceptual framework as well as a new professional and practical field are beginning to form both in Russia and in other countries. As theoretical and practical aspects of innovation in mediation require consolidation not only for its national development but also for the guaranteed international cooperation, the article touches upon some of the particular theoretical issues of the topic in question: terminological consistency, consolidation of the system of mediation principles, the phenomenon of juridisation of mediation and its limits.

  10. Legal aspects of the hydraulic fracturing method

    Directory of Open Access Journals (Sweden)

    Marta Duraj

    2011-12-01

    Full Text Available In recent months the possibility of extracting shale gas by way of the hydraulic fracturing method in Poland as well as across EU territory has been widely discussed. The European Parliament is to decide whether to ban this method. There are various legal, ecological and economical aspects influencing European legislators. It is hard not to notice how strongly the anti- and pro- hydraulic fracturing lobbies are connected with business. At the moment there are no specific regulations that relate directly to this extraction method, neither in the EU as a whole nor in Poland. However, in Poland a new Geological and Mining Act is supposed to come into force on 1st January 2012, which will regulate natural gas extraction with a view to ensure proper extraction of shale gas in the near future. This article is aimed at showing Polish regulations, both planned and currently in force, as well as the relevant EU law in respect of shale gas extraction. The author would like to emphasize the need to create one coherent legislative regime which would enable entrepreneurs to commence extraction by way of hydraulic fracturing without creating a danger for the environment.

  11. Legal aspects of nuclear waste management

    International Nuclear Information System (INIS)

    Hofmann, H.

    1981-01-01

    The result of the study is that the nuclear waste management defined by sect. 9a of the Atomic Energy Law cannot be realized without violating the constitution or other relevant laws. This evaluation of the nuclear waste management concept is based on an in-depth discussion of technological difficulties involved in nuclear waste management, and on the examination of all existing rules and regulations (Radiation Protection Ordinance, intermediate storage and burial, and reprocessing) at home and abroad, which lead to legal aspects of nuclear waste management which, according to established German law, are to be characterized as being 'unclear'. The author demonstrates especially the lack of precision in law of the term 'radioactive waste'. He points out that a sufficient regulation on the dismantlement of nuclear reactors is missing and he sets forth uncertainties relating to administrative law which are involved in bringing in private companies for burial as it is provided by law. The concluding constitutional assessment of the nuclear waste management regulation of the Atomic Energy Law shows that sect. 9a of the Atomic Energy Law does not meet completely constitutional requirements. (orig./HP) [de

  12. Legal aspects of intergenerational equity issues

    International Nuclear Information System (INIS)

    Green, H.P.

    1984-01-01

    This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references

  13. Medical legal aspects of radiation oncology

    International Nuclear Information System (INIS)

    Wall, Terry J.

    1996-01-01

    The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed

  14. Legal Aspects of Brain-Computer Interfaces

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2014-01-01

    Roč. 8, č. 2 (2014) ISSN 1802-5951 Institutional support: RVO:68378122 Keywords : brain-computer interface * human rights * right to privacy, Subject RIV: AG - Legal Sciences http://mujlt.law.muni.cz/index.php

  15. ASPECTS REGARDING LEGAL PROTECTION OF SOIL RESOURCES

    OpenAIRE

    Cristian Popescu

    2012-01-01

    Along with specialty items used for the development and implementation of sustainable development, protection and conservation of the environment, legal protection component of soil resources play an essential role. Legal and institutional framework provides a much protection of soil resources. Soil is the thin layer of organic and inorganic materials that covers the Earth's rocky surface. A soil pollutant is any factor which deteriorates the quality, texture and mineral content of the soil ...

  16. Economic and Legal Aspects of Electronic Money

    OpenAIRE

    Otakar Schlossberger

    2016-01-01

    The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant infl...

  17. Legal aspects of cross-border teleradiology

    International Nuclear Information System (INIS)

    Pattynama, Peter M.T.

    2010-01-01

    The growth of cross-border teleradiology has created legal challenges that are insufficiently addressed by nation health laws. New legislation is currently under development at the European level. This article will look at the details of the existing and proposed legislation and the still unsettled issues and will discuss the implications for international teleradiology.

  18. Legal aspects of nuclear law in Colombia and Latin America

    International Nuclear Information System (INIS)

    Mora M, M.; Pinzon A, J.

    1984-01-01

    I this thesis area studied the legal aspects of atomic energy, both nationally and internationally; furthermore its made a historical tour of the use of atomic energy in topic as medicine, industry, atomic energy generation and environmental aspects related of energy atomic, and name some institutes that can work in Colombia in this aspects

  19. Legal and legal-ethical aspects of risk assessment

    International Nuclear Information System (INIS)

    Seiler, H.

    1991-01-01

    The article examines why human beings accept risks. An assessment of risk is always carried out in connection with the benefits to be had from an action which is a potential risk. Decisions on the acceptability of risks are the consequence of political assessments. An assessment of risk on a legal basis is only possible to a limited degree. What is important are the criteria according to which the acceptability of risks is determined. In this context, the concept of damage proves itself to be of central importance; this concept includes the question as to the degree to which such damage can be tolerated socially and politically, the question of future damage as well as the degree to which such damage is reversible. It would be ideal if those persons who are affected by potential damage were to be the ones to make such decisions, but this is extremely difficult to put into practice. Special care must be taken in regard to decisions which have repercussions for future generations or for the state of nature. In this case, the decision which those persons who are potentially affected would most probably make must be anticipated and taken into account as if they were here to participate in the decision-making process. (orig./HSCH) [de

  20. Legal aspects of auxillary reproductive technologies in infertility treatment

    OpenAIRE

    V.Yu. Albitskiy; N.D. Odinayeva; V.O. Mansimova

    2011-01-01

    The article presents several aspects of legal regulation of auxillary reproductive technologies in treatment of infertility in Russia and other countries.Key words: auxillary reproductive technologies, method of extracorporeal fertilization, newborn, premature newborn, multiple pregnancy, embryo, infertility, law.

  1. Comparative legal aspects of pain management.

    Science.gov (United States)

    Vansweevelt, T

    2008-12-01

    Administering pain medication to terminal patients can cause legal problems when it has a life-shortening effect, because according to some authors it equates with manslaughter. The legal basis of the acceptance of pain alleviation with life-shortening effect can be found on the grounds of necessity. In different countries physicians have been prosecuted because of their pain management, which to the public prosecutor was in fact a sort of euthanasia. On the other hand, it is not unknown that physicians administer opioids to mask euthanasia. Pain management needs some rules, which can reassure the physician who alleviates pain. The physician who alleviates pain with life-shortening effect will have to act with due care to avoid a liability risk. This implies at least an informed consent, to observe the proportionality rule, and to keep a medical record.

  2. Legal aspects of a nuclear power plant

    International Nuclear Information System (INIS)

    Lukes, R.

    1987-01-01

    According to law the licensing boards can deny the licensing of new plants but in the case of non-compliance with the legal requirements. General safety scruples as a result of the Chernobyl reactor accident do not justify denials. The decommissioning of nuclear power plants cannot be decreed but in accordance with Para. 17, 18 of the Atomic Energy Law. Although the legislator is authorized to change laws, any law providing for the decommissioning of existing plants or providing for the legal basis of the decommissioning of plants would be equivalent to an expropriation and therefore involve damages according to article 14, section 3(2) of the Fundamental Law. (orig./HP) [de

  3. [Prescribing medication in 2013: legal aspects].

    Science.gov (United States)

    Berland-Benhaïm, C; Bartoli, C; Karsenty, G; Piercecchi-Marti, M-D

    2013-11-01

    To describe the legal framework of medicine prescription in France in 2013. With the assistance of lawyer and forensic pathologist, consultation (legifrance.gouv.fr), analysis, summary of French laws and rules surrounding drugs prescriptions to humans for medical purpose. Free medicine prescription is an essential feature of a doctor's action. To prescribe involve his responsibility at 3 levels: deontological, civilian and penal. Aim of the rules of medicine prescription is to preserve patient's safety and health. Doctors are encouraged to refer to recommendations and peer-reviewed publication every time the prescriptions go out of the case planned by law. Knowledge and respect of medicine prescription legal rules is essential for a good quality practice. Medical societies have a major role to improve medicine use among practitioners. Copyright © 2013. Published by Elsevier Masson SAS.

  4. Aspects of dento/medico-legal report writing.

    Science.gov (United States)

    Wood, Geoff D

    2014-03-01

    This paper offers some guidance on aspects of dento/medico-legal report writing, citing anonymized examples from the author's caseload for clarification of the points made, and also serves to illustrate that sometimes not everything is as straightforward as it may initially appear. It provides reference to the current Civil Procedure Rules in England and Wales and its relevance in report writing. To provide guidance on aspects of dento/medico-legal report writing.

  5. Advanced radiographic practice - the legal aspects

    International Nuclear Information System (INIS)

    Alderson, C.J.; Hogg, P.

    2003-01-01

    Allied health and nursing professionals are continuing to expand their responsibilities into clinical areas outside their traditional spheres of interest; typically, many of these new responsibilities are found within the medical (doctor) domain. Such responsibilities are often at an advanced clinical level and consequently higher demands are placed upon the professionals, not least in terms of clinical updating, competence to practice and also legal liability. This article explores the legal implications of practising at an advanced clinical level with particular reference to legal claims. The first part of the article commences with an outline of pertinent law in England and Wales. The latter part of the article explores actual cases from which allied health professionals (eg radiographers) can gain valuable information. Throughout the article suggestions for good practice are indicated. Examples of good practice include: the need to base your practice on evidence and peer practice; the need to keep detailed records (protocols) of such practice; the need to know when you are at the limit of your ability; and as such when to ask for advice from a medical practitioner/radiologist

  6. Colour revolutions: criminal-legal aspect

    Directory of Open Access Journals (Sweden)

    Sergey Alekseyevich Gordeychik

    2015-03-01

    Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

  7. Legal aspects of French nuclear policy

    Energy Technology Data Exchange (ETDEWEB)

    1975-06-01

    By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for arguing against its tests, albeit underground.

  8. Legal aspects of french nuclear policy

    International Nuclear Information System (INIS)

    Anon.

    1975-01-01

    By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for argueing against its tests, albeit underground [fr

  9. Autonomous driving technical, legal and social aspects

    CERN Document Server

    Gerdes, J; Lenz, Barbara; Winner, Hermann

    2016-01-01

    This book takes a look at fully automated, autonomous vehicles and discusses many open questions: How can autonomous vehicles be integrated into the current transportation system with diverse users and human drivers? Where do automated vehicles fall under current legal frameworks? What risks are associated with automation and how will society respond to these risks? How will the marketplace react to automated vehicles and what changes may be necessary for companies? Experts from Germany and the United States define key societal, engineering, and mobility issues related to the automation of vehicles. They discuss the decisions programmers of automated vehicles must make to enable vehicles to perceive their environment, interact with other road users, and choose actions that may have ethical consequences. The authors further identify expectations and concerns that will form the basis for individual and societal acceptance of autonomous driving. While the safety benefits of such vehicles are tremendous, the auth...

  10. Legal aspects of E-HEALTH.

    Science.gov (United States)

    Callens, Stefaan; Cierkens, Kim

    2008-01-01

    Cross-border activities in health care in the European single market are increasing. Many of these cross-border developments are related to e-Health. E-Health describes the application of information and communication technologies across the whole range of functions that affect the health care sector. E-health attracts a growing interest on the European level that highlights the sharp need of appropriate regulatory framework able to ensure its promotion in the European Union. Some Directives constitute a step in this direction. Both the Data Protection Directive, the E-Commerce Directive, the Medical Device Directive and the Directive on Distance Contracting are some of the most important European legal achievements related to e-Health. Although the directives are not adopted especially for e-health applications, they are indirectly very important for e-Health. Firstly, the Data Protection Directive applies to personal data which form part of a filing system and contains several important principles that have to be complied with by e-Health actors processing personal data concerning health. Secondly, the E-commerce Directive applies to services provided at a distance by electronic means. Many e-Health applications fall within this scope. Thirdly, the Medical Devices Directive is of importance for the e-Health sector, especially with regard to e.g. the medical software that is used in many e-health applications. Finally, the Directive on Distance Contracting applies to contracts for goods or services which make use of one or more means of distance communication; E-Health business may involve the conclusion of contracts. Despite these Directives more developments are needed at the European level in order to make sure that e-Health will play an even more important role in health care systems than is the case today. The new e-Health applications like electronic health records, e-health platforms, health grids and the further use of genetic data and tissue involve new

  11. Legal aspects related to workers and ionizing radiation

    International Nuclear Information System (INIS)

    Faria, N.M. de; Fischer, D.

    1985-01-01

    The legal aspects related to protection of the worker during its activity and in case of accident which involves dead or invalidity or occupation disease are presented. The aspects concerning to employment relation for workers in nuclear installations, and the professional liability for workers who handle ionizing radiation are discussed. (M.C.K.) [pt

  12. Legal aspects and regulations of roentgenofluorographic examinations

    International Nuclear Information System (INIS)

    Vasil'ev, Yu.D.

    1988-01-01

    Organization and execution of roentgenofluorographic examinations in the USSR is supervised by laws of the Ministry of public health of the USSR, instructions, methodical recommendations. These documents and their additions concerning preventive measures against tuberculosis, standard norms of medical personnel, necessary preventive examinations and other aspects of conducting roentgenofluorographic examinations are discussed

  13. Accidents and emergency conditions: Legal aspects

    International Nuclear Information System (INIS)

    Peinsipp, N.

    1985-01-01

    The currently valid versions of the Federal German Atomic Energy Act, the Radiation Protection Ordinance, and the X-Ray Ordinance show differences with regard to the use of the terms 'accident' or 'emergency', respectively, preferring either one or the other term, or using both terms. The author comments on this lack of harmonization in terminology and goes into details on aspects such as legislation and application of law. (DG) [de

  14. Legal aspects of nuclear and radiological accidents

    International Nuclear Information System (INIS)

    El-baroudy, M.M.

    2005-01-01

    Aiming at preventing nuclear and radiological accidents and maintaining safety and security, the State extends its jurisdiction over nuclear and radiological activities through the promulgation of regulatory legislations and providing criminal protection to these activities. The State, in its legislation, defines an authority responsible for the planning of preparedness for emergency situations. That Authority cooperates with other competent authorities in the State as well as with other relevant international organizations and other States in a coordinated way aiming at dealing effectively with and mitigating the consequences of nuclear and radiological accidents through promulgating relevant international conventions and plans for reinforcement of international cooperation in accidents situations. Moreover, the International Atomic Energy Authority (IAEA) can provide specialized consultations and offer assistance in case of accidents. The present study is divided into an introduction and two chapters. In the introduction, the nature of nuclear or radiological accidents is defined. The first chapter deals with the national legal system for preventing the occurrence of nuclear and radiological accidents and mitigating their consequences. The second chapter deals with the international cooperation for facing nuclear or radiological accidents and mitigating their consequences

  15. Subcontracting in nuclear industry - legal aspects

    International Nuclear Information System (INIS)

    Leger, M.

    2012-01-01

    This article describes the legal framework of subcontracting in France. Subcontracting is considered as a normal mode of functioning for an enterprise: an enterprise contracts another enterprise to do what it can not do itself or does not want to do. According to the 1975 law, cascade subcontracting is allowed but subcontractors have to be accepted by the payer. In some cases the payer can share responsibility when the subcontracting enterprises do not comply to obligations like the payment of some taxes. The main subcontractor who is the one who contracted with the payer is the only one responsible for the right execution of the whole contract. In nuclear industry there are 2 exceptions to the freedom of subcontracting. The first one concerns radiation protection: in a nuclear facility the person in charge of radioprotection must be chosen among the staff. The second concerns the operations and activities that are considered important for radiation protection, it is forbidden to subcontract them. In some cases like maintenance in nuclear sector the law imposes some qualification certification for subcontracting enterprises. The end of the article challenges the common belief about subcontracting in nuclear industry. (A.C.)

  16. Legal and Economic Aspects of the Macedonian Model of Franchising

    OpenAIRE

    Sotiroski, Ljupco; Filiposki, Oliver

    2016-01-01

    Franchising is done by global regulatory framework and has an impact to the national legal sources. This article aims to emphasize the importance and functionality of the legal and economic aspects of the Macedonian franchising module and practice. In respect of Macedonian case, the franchising mechanism is getting direct consequences of the national trade in the small and still developing Macedonian economy. The envisaged paper explores various options for national regulation in light of exi...

  17. Consumer-related Legal Aspects of the Infromation Society

    DEFF Research Database (Denmark)

    Falch, Morten; Henten, Anders; Skouby, Knud Erik

    1998-01-01

    The general legal framework covering economic transactions has been created long before the creation of electronic commerce. Therefore most regulation more or less explicitly assumes that goods have a physical appearance and that all contractual issues are settled either orally or by use of paper...... into this new situation. This creates a number of legal and regulatory problems, which - if not resolved - may restrict further growth of electronic commerce. This paper deals with the consumer related aspects of this regulatory challenge....

  18. Women, children and advertising - legal and ethical aspects

    OpenAIRE

    Stejskalová, Radka

    2012-01-01

    The thesis titled "Women, children and advertising - legal and ethical aspects" deals with the portrayal of women and children in advertising. The aim of the thesis is to analyze advertising with a focus on the portrayal of women and children present to Arbitration Committee in the reporting period and propose recommendations for the future. The work also deals with the importance of legal and ethical rules that regulate advertising and focuses on content regulation of women and children.

  19. Atmospheric lidar: Legal, scientific and technological aspects

    International Nuclear Information System (INIS)

    Barbini, R.; Colao, F.; Fiorani, L.; Palucci, A.

    2000-01-01

    The Atmospheric Lidar is one of the systems of the Mobile Laboratory of Laser Remote Sensing under development at the ENEA Research Center of Frascati. This technical report addresses the legislative, scientific and technological aspects that are the basis for the identification of the requirements, the definition of the architecture and the fixation of the specifications of the Atmospheric Lidar. The problems of air pollution are introduced in section 2. A summary of the Italian laws on that topic is then given. Section 4 provides a survey of the atmospheric measurements that can be achieved with the lidar. The sensitivity in the monitoring of pollutants is discussed in section 5. The other systems of the Mobile Laboratory of Laser Remote Sensing are shortly described in section 6. The last section is devoted to conclusions and perspectives [it

  20. Satellite combined heat and power plants and their legal autonomy

    International Nuclear Information System (INIS)

    Loibl, Helmut

    2014-01-01

    Since the landmark decision by the German Court of Justice concerning the term ''plant'' in the context of biogas plants it should be clear beyond doubt that satellite combined heat and power plants (CHPs) are legally autonomous plants pursuant to Para. 3 No. 1 of the Renewable Energy Law (EEG). What has yet to be finally resolved are the conditions under which satellite CHPs are to be regarded as autonomous. This will be a question of distance on the one hand and of operation autonomy on the other. In the individual case both these factors will have to be assessed from the perspective of an average objective, informed citizen. To the extent that its heat and electricity are being utilised in a meaningful manner, the plant's autonomy will be beyond doubt, at least in operational terms. Regarding the remuneration to be paid for satellite CHPs the only case requiring special consideration is when a CHP falls under the EEG of 2012. In this case Para. 1 Section 1 Sentence 2 EEG provides that the remuneration for the CHP in question is to be calculated as if there was a single overall plant. To the extent that none of the CHPs fall under the EEG of 2012, the ruling remains that there is a separate entitlement to remuneration for each satellite CHP. This also holds in cases where satellite CHPs that were commissioned after 1 January 2012 are relocated. When a satellite CHP is replaced by a new one, the rate and duration of remuneration remain unchanged. However, when a new satellite CHP is added to an existing satellite CHP via a gas collector line it is to be treated according to the decisions of the Federal Court of Justice concerning biogas plant extensions: It falls under the law that applies to the existing CHP and has an entitlement to a new minimum remuneration period, albeit subject to the degression rate provided by the EEG version in question.

  1. Patenting Nanomedicines Legal Aspects, Intellectual Property and Grant Opportunities

    CERN Document Server

    Souto, Eliana B

    2012-01-01

    "Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities" focuses on the fundamental aspects of Patenting Nanomedicines applied in different "Drug Delivery and Targeting Systems". The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions

  2. Legal aspects of auxillary reproductive technologies in infertility treatment

    Directory of Open Access Journals (Sweden)

    V.Yu. Albitskiy

    2011-01-01

    Full Text Available The article presents several aspects of legal regulation of auxillary reproductive technologies in treatment of infertility in Russia and other countries.Key words: auxillary reproductive technologies, method of extracorporeal fertilization, newborn, premature newborn, multiple pregnancy, embryo, infertility, law.

  3. Legal Aspects of Teaching Music Students with Disabilities

    Science.gov (United States)

    Crockett, Jean B.

    2017-01-01

    The public education of students with disabilities in the United States is governed by federal policies that promote school improvement, protect students from discrimination, and provide those who need it with special education and related services to meet their individual needs. This article explains the legal aspects of teaching students with…

  4. Legal aspects and international implications of food irradiation

    International Nuclear Information System (INIS)

    Gerard, Alain.

    1977-11-01

    This paper reports on the status of work on food irradiation at international level, namely the IAEA/FAO/WHO Vienna recommendations, the proposed EEC directive, and the Codex alimentarius draft standards. It then deals with the legal aspects of the subject, in particular the problems concerning definitions, controls and instructions, and finally reviews the regulations for international trade in irradiated foodstuffs. (NEA) [fr

  5. Regulatory and legal aspects in industrial mining industries

    International Nuclear Information System (INIS)

    Magalhaes, Maisa Haiidamus

    2016-01-01

    The regulation between the Brazilian Nuclear Energy Commission - CNEN performance and the mineral industries that produces NORM is presented. Besides the legal aspects, some comments from the point of view of the supervisory and licensing body about their performance in the radiation protection area are pointed out

  6. The Preimplantation Genetic Diagnosis: Legal Aspects in the Spanish Law

    Directory of Open Access Journals (Sweden)

    Marina Moya González

    2018-03-01

    Full Text Available This paper analyses the preimplantation genetic diagnosis (PGD in Spain, and the legal aspects. It exposes the technical characteristics, as well as the ethical and social consequences. It compares the different rules of law about assisted human reproduction techniques in Spain, and those in some European countries.

  7. Abandonment of the Road Accident Place: Legal Aspects

    Directory of Open Access Journals (Sweden)

    Polyakov D. N.

    2013-10-01

    Full Text Available In this article the legal aspects of drivers’ behavior are considered, of those ones who abandon places of road accidents. The author separates the cases when leaving the place of the road accident is allowed and the cases when such actions bring to administrative punishment.

  8. Ethical and medico-legal aspects of dementia | Potocnik ...

    African Journals Online (AJOL)

    Ethical and medico-legal aspects of dementia. FCV Potocnik. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL ...

  9. Food irradiation. An update of legal and analytical aspects

    International Nuclear Information System (INIS)

    Masotti, P.; Zonta, F.

    1999-01-01

    A new European directive concerning ionising radiation treatment of foodstuffs has been recently adopted, although National laws may continue to be applied at least until 31 December 2000. A brief updated review dealing with the legal and analytical aspects of food irradiation is presented. The legal status of the food irradiation issue presently in force in Italy, in the European Union and in the USA is discussed. Some of the most used and reliable analytical methods for detecting irradiated foodstuffs, with special reference to standardised methods of European Committee of Standardization, are listed [it

  10. Ethics and medico legal aspects of "Not for Resuscitation"

    Directory of Open Access Journals (Sweden)

    Naveen Sulakshan Salins

    2010-01-01

    Full Text Available Not for resuscitation in India still remains an abstract concept with no clear guidelines or legal frame work. Cardiopulmonary resuscitation is a complex medical intervention which is often used inappropriately in hospitalized patients and usually guided by medical decision making rather than patient-directed choices. Patient autonomy still remains a weak concept and relatives are expected to make this big decision in a short time and at a time of great emotional distress. This article outlines concepts around ethics and medico legal aspects of not for resuscitation, especially in Indian setting.

  11. Formal and Legal Aspects of Buying and Commissioning Flats

    Science.gov (United States)

    Dubas, Sebastian; Nowotarski, Piotr; Milwicz, Roman

    2017-10-01

    Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer’s fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.

  12. Economic and Legal Aspects of Air Transport in Turkey

    Directory of Open Access Journals (Sweden)

    Gisoo Mihandoust

    2017-12-01

    Full Text Available The aviation sector has highlighted the importance of economic and legal regulations in conjunction with the changes in the conditions of competition with the acceleration of globalization. The regulations in the aviation sector directly or indirectly affect the airline operators, which is critical as a result of its effects on the economic systems of the countries. Legal responsibilities in terms of influencing passenger rights and competition law issues; has a natural impact on shaping aviation regulations, sector dynamics and competitive conditions which is effecting the dynamic structure of the sector. This study aims to examine the economic and legal aspects of air transportation carried out in Turkey and to contribute to the literature as a result of the researches.

  13. Technological innovations in forensic genetics: social, legal and ethical aspects.

    Science.gov (United States)

    Wienroth, Matthias; Morling, Niels; Williams, Robin

    2014-01-01

    This paper discusses the nature of four waves of technological innovations in forensic genetics alongside the social, legal and ethical aspect of these innovations. It emphasises the way in which technological advances and their socio-legal frameworks are co-produced, shaping technology expectations, social identities, and legal institutions. It also considers how imagined and actual uses of forensic genetic technologies are entangled with assertions about social order, affirmations of common values and civil rights, and promises about security and justice. Our comments seek to encourage the participation of scientific actors in the development of anticipatory governance deliberations concerning the widening application of forensic genetics in an increasing number of criminal and civil jurisdictions.

  14. Legal aspects of deaths associated with diagnostic and therapeutic procedures.

    Science.gov (United States)

    Puxon, M

    1984-01-01

    Informed voluntary consent in relation to the charge of assault and battery is examined. The full implication of informed consent is set out. The legal aspects of negligence is also examined in relation to obtaining consent and the possibility of a wrong diagnosis. Where reasonable doubt exist about the correctness of a diagnosis the position of a second opinion is discussed. Guidelines on the handling of errors in treatment and anaesthetic deaths in relation to negligence is clearly set out.

  15. Nuclear power plants and environment-Legal and institutional aspects

    International Nuclear Information System (INIS)

    Faria, N.M. de

    1986-01-01

    Some legal aspects about nuclear power plants siting in face of environment legislation and policy in the Brazilian law are discussed. The public participation in the process of site selection in face of actual constitutional precepts and the decision given by Supreme Court which determined to private competence of the Union, given by Constitutional rules and by the law number 6803 in 1980. (M.C.K.) [pt

  16. [Legal aspects of post-mortem radiology in the Netherlands].

    Science.gov (United States)

    Venderink, W; Dute, J C J

    2016-01-01

    In the Netherlands, the application of post-mortem radiology (virtual autopsy) is on the rise. Contrary to conventional autopsy, with post-mortem radiology the body remains intact. There is uncertainty concerning the legal admissibility of post-mortem radiology, since the Dutch Corpse Disposal Act does not contain any specific regulations for this technique. Autopsy and post-mortem radiology differ significantly from a technical aspect, but these differences do not have far-reaching legal consequences from a legal perspective. Even though the body remains intact during post-mortem radiology, the bodily integrity of a deceased person is breached if it would be applied without previously obtained consent. This permission can only be obtained after the relatives are fully informed about the proposed activity. In this respect, it is not relevant which technique is used, be it post-mortem radiology or autopsy. Therefore, the other legal conditions for post-mortem radiology are essentially identical to those for autopsy.

  17. Medico-legal aspects of vertical root fractures in root filled teeth

    DEFF Research Database (Denmark)

    Rosen, E; Tsesis, I; Tamse, A

    2012-01-01

    To analyse the medico-legal aspects of vertical root fracture (VRF) following root canal treatment (RCT).......To analyse the medico-legal aspects of vertical root fracture (VRF) following root canal treatment (RCT)....

  18. ORGANIZATIONAL, LEGAL AND TECHNOLOGICAL ASPECTS OF HEALTH INFORMATION EXCHANGE

    Directory of Open Access Journals (Sweden)

    N. A. Karasev

    2017-01-01

    Full Text Available The article discusses organizational and legal aspects of electronic health information exchange in developed countries, particularly, introduction of electronic medical records in the United States and Europe, as well as topical issues related to standardization of information technologies in health care. We briefly describe the most popular standards used in e-medicine, such as Digital Imaging and Communications in Medicine (DICOM, openEHR and HL7. The questions of syntactic and semantic interoperability in the exchange of electronic medical records and some aspects of the digital signature use are also considered. We suggest mechanisms for implementation of electronic document management and sharing of digital medical information, as one of the most important directions of information technologies in health care. It is noted that today, the main limiting factor in providing the digital exchange of health information in Russian Federation is unresolved legal issues, i.e. the absence of a legal framework of electronic medical records share. At the same time, the level of IT development in our country is quite sufficient to meet current challenges. It is stated that, despite the unresolved number of problems (for example, completeness of medical data on a patient, given to relatives in critical situations, the adoption of a single electronic card is able to bring medical care to a new level, especially in emergency and urgent medicine.

  19. Legal Aspects of Sleep Medicine in the 21st Century.

    Science.gov (United States)

    Venkateshiah, Saiprakash B; Hoque, Romy; Collop, Nancy A

    2018-05-08

    Multiple manifestations of sleep disorders may interact with the law making it important to increase awareness of such interactions among clinicians. Patients with excessive sleepiness may have civil (and in some states criminal) liability if they fall asleep while driving and cause a motor vehicle accident. Employers may be held vicariously liable due to the actions of sleepy employees. Hence awareness of causes of excessive sleepiness such as sleep deprivation and OSA is increasing among trucking, railroad, and other safety sensitive occupations. Interestingly, litigation related to perioperative complications due to Obstructive Sleep Apnea (OSA) is more frequent than non-operative issues such as a failure to diagnose OSA. Parasomnia associated sleep-related violence (SRV) represents a challenge to clinicians, as they may be asked to consider parasomnia as a possible contributing, mitigating, or exculpatory factor in criminal proceedings. Clinicians should also familiarize with the legal and regulatory aspects of running an independent sleep laboratory. Sleep telemedicine practice using 21 st century technology has opened novel and unique challenges to existing laws. In this review, we shall cover the most common interactions between sleep disorders and the law including the challenges of excessive sleepiness and driving; other legal issues involving patients with obstructive sleep apnea (OSA); and the liabilities associated with parasomnia disorder. We shall also cover some practical legal aspects involving independent sleep laboratories and the field of sleep telemedicine. Published by Elsevier Inc.

  20. South Africa and nuclear energy - national and international legal aspects

    International Nuclear Information System (INIS)

    Barrie, G.N.

    1987-01-01

    This article gives an exposition of the national and international legal aspects of what appears to be a technological triumph for South Africa. The nuclear policy, facilities, aims and capabilities of the country are described, as well as its nuclear energy program and development. When the Nuclear Energy Act 92 of 1982 was promulgated, a new internal legal dispensation commenced. The main objects of the act, powers and functions of the Atomic Energy Corporation of South Africa Ltd and the Council for Nuclear Safety are stated. South Africa's official viewpoint and attitude regarding the Nuclear Non-Proliferation Treaty, the advantages and obstades to South Africa's signature and ratification of the Treaty are discussed

  1. Earth observation space programmes, SAFISY activities, strategies of international organisations, legal aspects. Volume 3

    International Nuclear Information System (INIS)

    1992-01-01

    This volume is separated in four sessions. First part is on earth observation space programmes (international earth observation projects and international collaboration, the ERS-1, SPOT and PRIRODA programmes, the first ESA earth observation polar platform and its payload, the future earth observation remote sensing techniques and concepts). The second part is on SAFISY activities (ISY programmes, education and applications, demonstrations and outreach projects). The third part is on programme and strategies of international organisations with respect to earth observation from space. The fourth part is on legal aspects of the use of satellite remote sensing data in Europe. (A.B.). refs., figs., tabs

  2. [Legal and methodical aspects of occupational risk management].

    Science.gov (United States)

    2011-01-01

    Legal and methodical aspects of occupational risk management (ORM) are considered with account of new official documents. Introduction of risk and risk management notions into Labor Code reflects the change of forms of occupational health and safety. The role of hygienist and occupational medicine professionals in workplace conditions certification (WCC) and periodical medical examinations (PME) is strengthened. The ORM could be improved by introducing the block of prognosis and causation based on IT-technologies that could match systems of WCC and PME thus improving the effectiveness of prophylactics.

  3. [Historic, cultural, legal, psychosocial and educational aspects of induced abortion].

    Science.gov (United States)

    Aguirre Zozaya, F; Iglesias, M; Reyes, R M; Iturralde, G; Martínez, M; Pineda Hernández, C

    1980-08-01

    The history of abortion is a very long one. Every people and nation used different and widely varied methods during the centuries to get rid of unwanted pregnancies. Unfortunately, in most instances, the great majority of these methods was equivalent to zero effectiveness, or, too often, to suicide. Legal aspects of induced abortion have changed considerably with the passing of time and according to countries; these days 36% of the world countries admit abortion on request, 24% for specific reasons only, 16% for medical reasons only, and 8% still consider it an illegal practice. In Mexico abortion is legal only when pregnancy would imply death of the mother, when it is the result of rape of minors, or when it is done on women with very serious mental pathology. Obviously abortion is not the solution to unwanted pregnancies; an improvement in the socioeconomic condition and in the quality of life of many people would be a much better, and more difficult, approach to the solution. Psychosocial factors of abortion involve concepts which are difficult to define, such as those of the wanted or of the unwanted child, and can cause problems which are very difficult to handle. Health education, and sex education in particular, should not only teach the fundamentals of reproduction, but respect and consideration for the phenomenon of procreation, and a strong sense of personal and social responsibility toward family planning.

  4. Legal aspects of Polish Tax and Social Security in Agriculture

    Directory of Open Access Journals (Sweden)

    Agnieszka Parlińska

    2008-12-01

    Full Text Available In the paper are describing legal aspects of treatment of farming sector in the tax and social security system in Poland. Tax System in Polish Agriculture is an integral part of Polish Tax System. Most taxes paid by farmers are property taxes, which supplied the budget of main local authority in Poland (municipality. In some cases farmers pay also personal income tax and value added tax like those, who run specific agricultural production as well individual farmers who operate through a limited liability company are subject to corporate income tax. The social security fund for farmers (known as KRUS was speared in 1990 from the social security system (ZUS. Farmers receive similar benefits with regard to health care, education, and social welfare although the contributions into the farmers system are lower then under the ZUS system.

  5. The penal aspect of the essence of the legal institute

    Directory of Open Access Journals (Sweden)

    Олег Миколайович Кревсун

    2016-04-01

    Full Text Available Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law. Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.

  6. The legal aspects of internationalization of nuclear fuel cycle

    International Nuclear Information System (INIS)

    Tazaki, M.; Akiba, M.; Kuno, Y.

    2011-01-01

    The purpose of internationalization of nuclear fuel cycle facilities and / or multilateral nuclear approach (MNA) is to support nuclear nonproliferation regime by minimizing unnecessary proliferation of sensitive technologies and facilities through assured supply of nuclear fuel and services. In order to establish such MNA, a University of Tokyo team, including authors of this paper, first furnished justification for MNA, and then set out twelve MNA prerequisites. One of those prerequisites is 'Legal Aspect' and it intends to avoid inconsistencies between MNAs and existing treaties and agreements. By listing typical treaties and agreements related to each MNA prerequisite, several inconsistencies are found out. In relations with sovereign states' alienable right of the peaceful use of nuclear energy recognized in Article IV of Nuclear Nonproliferation Treaty (NPT), two inconsistencies should be highlighted. One is nuclear supplier states' restraint in transfer of sensitive facilities, equipment, technology and material to recipient states set out in Nuclear Suppliers Group (NSG) Guidelines, while the other is also some nuclear supplier states' restriction on reprocessing of spent fuel (SF) of their origin in recipient states, which is specified in supplier-recipient bilateral nuclear cooperation agreement. Authors are now on the way to analyze more various inconsistencies, in order to find out ways to avoid or overcome such inconsistencies for sustainable and feasible MNAs. This paper describes a broad introduction of authors' current study. (author)

  7. [PET/CT: protocol aspects and legal controversies].

    Science.gov (United States)

    Gorospe Sarasúa, L; Vicente Bártulos, A; González Gordaliza, C; García Poza, J; Lourido García, D; Jover Díaz, R

    2008-01-01

    The combination of positron emission tomography (PET) and computed tomography (CT) in a single scanner (PET/CT) allows anatomic and metabolic images to be fused and correlated with a high degree of accuracy; this represents a very important landmark in the history of medicine and especially in the area of diagnostic imaging. Nevertheless, the implementation, startup, and operation of a PET/CT scanner presents particularly interesting challenges, because it involves the integration of two well-established and consolidated techniques (CT and PET, which provide complementary information) that have traditionally been carried out in the context of two different specialties (radiology and nuclear medicine). The rapid diffusion of this new integrated technology raises a series of questions related to the optimal protocols for image acquisition, the supervision of the examinations, image interpretation, and reporting, as well as questions related to the legal competence and responsibility of the specialists involved in a PET/CT study. The objective of this article is to approach these aspects from a constructive perspective and to stimulate the dialog between the specialties of radiology and nuclear medicine, with the aim of maximizing the diagnostic potential of PET/CT and thus of providing better care for patients.

  8. The legal aspects of the power breakdown in August 2003

    International Nuclear Information System (INIS)

    Dunberry, E.

    2004-01-01

    The power breakdown on August 14, 2003 could re-occur. There are legal liabilities over interruptions of power without notice and honouring of contract terms. This risk must be managed with prudence and diligence. (author)

  9. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

    Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

  10. Legal aspects of storing CO2. Update and recommendations

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-06-21

    CO2 emissions from energy production and consumption are a major contributor to climate change. Thus, stabilising CO2 concentrations in the atmosphere by reducing these emissions is an increasingly urgent international necessity. Carbon capture and storage (CCS) represents one of the most promising potential solutions to contain emissions resulting from continued use of coal and other fossil fuels. However, challenges such as a lack of legal and regulatory frameworks to guide near-term demonstration projects and long-term technology expansion must be addressed to facilitate the expanded use of CCS. In October 2006, the International Energy Agency (IEA) and the Carbon Sequestration Leadership Forum (CSLF) convened with legal experts,to discuss the range of legal issues associated with expanded use of CCS and to identify ways to facilitate further CCS development and implementation Participants examined gaps and barriers to the deployment of CCS and identified recommendations to guide further development of appropriate legal and regulatory frameworks. This publication provides policymakers with a detailed summary of the main legal issues surrounding the CCS debate, including up-to-date background information, case studies and conclusions on the best legal and regulatory approaches to advance CCS. These strategies can be used to enable further development, deployment and demonstration of CCS technology, potentially an essential element in global efforts to mitigate climate change.

  11. Cluster strategies in the regional economy development: legal aspects

    Directory of Open Access Journals (Sweden)

    Irina V. Mikheeva

    2016-09-01

    Full Text Available Objective to study the state of legal support of the cluster strategies implementation to identify the problems and possible directions for improving the legal support of cluster development in the regions. Methods systemic structuralfunctional induction and deduction analysis and synthesis formal legal. Results the paper formulates the definition of cluster as a form of cooperative interaction of organizations interacting in some economic sphere due to functional dependence complementing each other and reinforcing the competitive advantages of individual companies. The hypothesis is proposed that the organizational and management structure of clusters should be unified and obtain normative fixation so that the same type of bodies including executive bodies and the structure of the different clusters deliberative specialized organizations organizationcoordinator etc. had similar competence and position in the management hierarchy. Scientific novelty following the most general conception of a cluster as interacting institutions in a specific area one can see that the lack of clarity in the legal support of the clusters functioning does not allow to determine the status of authoritative and nonauthoritative subjects of economic activities their organizationallegal forms and the procedure of their interaction. Practical significance the identified problems of legal support of the cluster strategies implementation can help in the improvement of state regulation of cluster relations in the regions and their implementation.

  12. Legal aspects of business development and innovation in Poland

    Directory of Open Access Journals (Sweden)

    Dariusz Grzegorz Żak

    2013-06-01

    Full Text Available At the beginning of this article the basic concepts related to the topic issues are presented. The article focuses on the rationale and ideas of creating entrepreneurship and innovation. On the one hand the work’s aim is to show the basic legal instruments which allow to conduct business in Poland, and to demonstrate the role of state bodies in the promotion of entrepreneurship. However, on the other hand the aim of this work is to show the legal instruments connected with competition and encourage entrepreneurs’ innovativeness, taking into account the current needs and trends occurring on the market.

  13. Legal aspects of radiation protection at the international level

    International Nuclear Information System (INIS)

    Papazian, J.

    1981-01-01

    A review is made of the respective activities of the various international organizations concerned with radiation protection at the legal level. These organizations are either non-governmental (I.C.R.P., I.C.R.U.) or governmental in which case they can act at the world (U.N., I.A.E.A., I.L.O., W.H.O.) or regional level (N.E.A., EURATOM, COMECOM). The legal impact of the recommendations or directives they issue is specified [fr

  14. Communications network traffic data : technical and legal aspects

    NARCIS (Netherlands)

    Fischer, J.C.

    2010-01-01

    Communications traffic data is a legal data concept that can be explained by the example of traditional, non-digital mail: For a letter to be sent by post it must be enclosed in an envelope. On the envelope the name of the addressee, his address and some information about the sender are noted.

  15. Nuclear development for peaceful purposes: legal and regulatory aspects

    International Nuclear Information System (INIS)

    1986-10-01

    This document contains the 17 lectures and reports presented at the regional course on legislation and regulation of nuclear safety for Latin American countries organized by the IAEA on 15-20 October 1984 in Montevideo, Uruguay. A separate abstract was prepared for each of these papers. Also reproduced are some legal documents related to the subject

  16. Legal, economic and cultural aspects of file sharing

    NARCIS (Netherlands)

    van Eijk, N.; Poort, J.P.; Rutten, P.

    2010-01-01

    This contribution seeks to identify the short and long-term economic and cultural effects of file sharing on music, films and games, while taking into account the legal context and policy developments. The short-term implications examined concern direct costs and benefits to society, whereas the

  17. Legal aspects of radiation therapy in Republic of Belarus

    International Nuclear Information System (INIS)

    Gatskevich, G.V.; Tarutin, I.G.; Khoruzhik, S.A.

    2014-01-01

    The reasons that lead to harm to patients during radiotherapy considered. Some examples of radiation damage presented. The types of liability for harm to the patient used in the Republic of Belarus described. The recommendations to ensure legal protection for medical and technical personnel suggested

  18. Ballistic Aspects of Feasibility for Prospective Satellite Navigation Technologies

    Directory of Open Access Journals (Sweden)

    L. N. Lysenko

    2015-01-01

    Full Text Available When modeling the operating processes of ballistics and navigation support it is expedient to make decomposition of the general problem of coordinate-time and navigation support into the typical options of its engineering implementation.As the satellite navigation technologies the paper considers inter-satellite measurement and autonomous navigation mode of differential correction. It also assesses the possibility of their application to improve the accuracy of navigation determinations.Technologies using inter-satellite measurement tools such as GLONASS / GPS equipment, equipment of inter-satellite radio link, astro-optical space based devices are an independent class of navigation technologies.However, each of these options has both advantages and disadvantages that affect the eva luation of the appropriateness and feasibility of their use.The paper separately considers the problem of increasing survivability of space systems and conservation of ground control complex due to introduction of requirements to ensure the independent functioning of spacecraft and application of technologies of ballistics and navigation support, supposing to involve minimum means of automated ground control complex for these purposes.Currently, there is a completely developed theory of autonomous navigation based on astronomical positional gauges, which are used as onboard optical sensors of orientation and stabilization systems.To date, the differential navigation mode is, virtually, the only approach that can allow the olution of tasks in terms of increased accuracy, but with some restrictions.The implementation of differential mode of treatment is carried out through the creation of differential subsystems of the satellite navigation systems. These subsystems are usually divided into wide-range, regional and local ones.Analysis of ballistic aspects to implement discussed navigation technologies allowed us to identify constraints for improving accuracy to define

  19. INTERNATIONAL LEGAL ASPECTS OF DEALING WITH THE CONTEMPORARY TERRORISM THREATS

    Directory of Open Access Journals (Sweden)

    Vesna Poposka

    2017-05-01

    Full Text Available Recent challenges in international security posed by two terrorist organizations, Al Qaeda and ISIS, have highlighted an urgent domestic and foreign policy challenge. Terrorism has been, for more than a decade, top headline in the world media, and the cost of terrorist activities is expressed in numerous human lives and enormous material damage. Yet to date, international organizations and governments have not been successful in the attempt to find a common definition or uniform approach. Up to now, the approaches towards terrorist activities differ from case to case. There is no single legal regime to deal with terrorist activities, and the legal regime is what gives the answer and the framework for the counter-terrorist activities of the security forces, in order to be able to deal with the threat. This paper will attempt to answer at least some of the dilemmas.

  20. The final management of nuclear fuel. Legal and economic aspects

    International Nuclear Information System (INIS)

    Villota, C. de

    2009-01-01

    This article gives a brief summary of the characteristics of spent fuel and the lines of action considered for its management. It describes the legal framework that supports the Radioactive Waste Management Plan (PGRR), which contains the lines applicable to Final Spent Fuel Management, as well as the evolution of this legal framework. The article contains the 2008 updated costs of the various items of the PGRR, with a more detailed description of those related to this type of fuel, as well the source and amount of the financial contributions to the fund for meeting these costs, including how they have evolved over time. finally, it provides some personal reflections on this issue. (Author)

  1. Medico-legal aspects of altered sensation following endodontic treatment: a retrospective case series

    DEFF Research Database (Denmark)

    Givol, Navot; Rosen, Eyal; Bjørndal, Lars

    2011-01-01

    The objective of this study was to analyze cases of liability claims related to persistent altered sensation following endodontic treatments so as to characterize the medico-legal aspects of this complication.......The objective of this study was to analyze cases of liability claims related to persistent altered sensation following endodontic treatments so as to characterize the medico-legal aspects of this complication....

  2. [The future of the obligation to be vaccinated: legal aspects].

    Science.gov (United States)

    Truchet, Didier

    2010-01-01

    Under French law, the authorities have the right to make some vaccinations obligatory, to recommend others, or simply to allow individuals to decide whether they or their children should be vaccinated. These political decisions must balance the public good against individual freedoms, and are more a question of pragmatism than of legality. In each situation, politicians and judges are faced with difficult issues of liability.

  3. Legal aspects of sub-seabed disposal of radioactive waste

    International Nuclear Information System (INIS)

    Reyners, P.

    1981-10-01

    In connection with methods for disposal of highly radioactive waste, that consisting of burying such waste in the sub-seabed arouses an increasingly marked interest among specialists. Apart from the technical difficulties still to be overcome and current safety assessments, this method gives rise to quite considerable legal and political problems. Their solution will undoubtedly have a bearing on its chances of being implemented. (NEA) [fr

  4. Legal aspects of the nuclear policy of the V Republic

    International Nuclear Information System (INIS)

    Colson, J.-P.

    1977-01-01

    Contrary to most other OECD Countries, France does not presently possess an outline Act governing all nuclear activities. The nuclear legal system stems mainly from a series of texts, most of which are of a regularoty nature. This governmental monopoly is apparent in three areas: definition of the principal options in nuclear policy, in particular regarding nuclear power generation; public utilities development and the role of CEA and EDF; overall determination of nuclear power plant siting. (NEA) [fr

  5. Mediterranean drama: pragmatic, legal and moral aspects of hospitality

    OpenAIRE

    Nowak, Ewa

    2015-01-01

    Hospitality is „not a concept which lends itself to objective knowledge,” Jacques Derrida assumes. His assumption „provokes” and challenges European hospitability, not only in the Mediterranean area in which „welcoming” and „ingratiating” (in Derrida’s terms) forms of human conduct met together thousands years ago, and an asylum seeker found hospitia. What is hospitality and why philosophize about it today? The paper examines hospitality’s pragmatic, customary, legal and ...

  6. Severe neurological impairment: legal aspects of decisions to reduce care.

    Science.gov (United States)

    Beresford, H R

    1984-05-01

    Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain ("brain death"). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents can authorize physicians to reduce care for neurologically impaired children is the focus of current litigation. Implicit in this litigation is the question of how severe neurological impairment must be before parents and physicians may lawfully agree to reduce care. For severely impaired but not vegetative adults, there is some legal authority to justify certain decisions to reduce care. The issue of whether withholding feeding from a severely demented patient with life-threatening medical problems constitutes criminal behavior is now being considered by a state supreme court.

  7. Topical legal aspects of corruption counteraction in public procurement

    Directory of Open Access Journals (Sweden)

    Aleksandr Igorevich Zemlin

    2015-03-01

    Full Text Available Objective to analyze the current developments in the Russian legislation on corruption counteraction and the legislation on public procurement system on this basis to study legal conflicts and gaps and to develop proposals under the provisions of the National AntiCorruption Plan for 2014ndash2015. Methods historical formallegal logical and systemicfunctional structural and contextual approach to the study of law and theoretical propositions concerning the definition nature and characteristics of legal relations arising in the process of and relating to the corruption counteraction in the public procurement system. Results аn aggregate of theoretical conclusions and proposals aimed at perfection of anticorruption legislation and legislation on the contractual public procurement system is presented. Scientific novelty the results of the author39s interpretation of changes in the Russian anticorruption legislation and legislation on the contractual public procurement system existing legal conflicts and gaps. Practical significance developing proposals for improving the standards of anticorruption legislation and legislation on public procurement system under the provisions of the National AntiCorruption Plan for 2014ndash2015. nbsp

  8. [Hygiene and legal aspects of occupational exposure assessment to cytostatics].

    Science.gov (United States)

    Kupczewska-Dobecka, Małgorzata; Pałaszewska-Tkacz, Anna; Czerczak, Sławomir; Konieczko, Katarzyna

    2018-01-01

    The employers responsibilities for the assessment of occupational exposure to cytostatics in the workplace were analyzed in the light of existing legal regulations. Cytostatics may pose a threat to health and life of workers taking care of patients treated oncologically, i.e., pharmacists, physicians, nurses and other personnel. The significant scale of occupational exposure to cytostatics in Poland is confirmed by the data collected in the Central Register of Data on Exposure to Carcinogenic or Mutagenic Substances, Mixtures, Agents or Technological Processes, maintained by the Nofer Institute of Occupational Medicine, Łódź, Poland. The issue of occupational risk assessment of exposure to cytostatics gives raise to numerous concerns. Polish regulations concerning health protection of employees occupationally exposed to cytostatics are not unequivocal, as they are derived from different areas of the law, especially those applying to hazard classification, labeling and preparation of safety data sheets for cytostatics. There are neither binding occupational exposure limits legally set for active compounds of antineoplastic drugs nor methods for monitoring of these substances concentrations in a worker's breathing zone and biological material. This prevents the employer to carry out the correct assessment of occupational exposure, the results of which are the basis for preparing the proper preventive strategy. In this article the consequences of amendments to the European chemical legislation for employers responsible for adequate protection of health and life of employees exposed to cytostatics, were discussed, as well as some legal changes aimed at a better health and life protection of workers exposed to cytostatics in a workplace were proposed. Med Pr 2018;69(1):77-92. This work is available in Open Access model and licensed under a CC BY-NC 3.0 PL license.

  9. Legal aspects of the transfer of nuclear technology

    International Nuclear Information System (INIS)

    Sartorelli, C.

    1980-03-01

    The paper stresses the importance of nuclear technology transfer and describes the legal instruments for transfer of technical and scientific technology, particularly from the contractual viewpoint. A description follows of the setting-up of national joint ventures for nuclear power plant projects with emphasis on technological know-how to enable operation of plants in compliance with safety standards. The possibility is discussed of the export of nuclear technology, and finally mention is made of a proposal for a 'code of conduct' on such transfers in the framework of the United Nations, having regard to the 'London agreements' on nuclear exports. (NEA) [fr

  10. Economic and legal aspects of utility consortiums for heliostat purchase

    Energy Technology Data Exchange (ETDEWEB)

    Cole, R.J.; Sommers, P.; Sheppard, W.J.; Nesse, R.J.

    1982-07-01

    A preliminary exploration is given of the legal and economic considerations surrounding the formation and operation of some form of utility-sponsored collective buying arrangement for heliostats. Particular attention is focused on considerations of federal antitrust law surrounding collective buying and other joint operations by electric utilities. Attention is also given to considerations suggested by the economic theory of monopsony (markets with a single buyer) and oligopsony (markets with a small number of buyers). The advantages and disadvantages of such arrangements are examined from the viewpoints of the buyer and the seller. (LEW)

  11. Environmental and legal aspects of cooling water chemistry

    International Nuclear Information System (INIS)

    Hoffmann, H.J.

    1988-01-01

    The discharge and management of cooling water and waste water are subject to a number of ecological and legal requirements. For example, waste heat and cooling water constituents may affect surface bodies of water, or waste water discharge may have adverse effects on surface water and ground water. Waste water and cooling water discharge are subject to the Water Management Act (WHG) and the Waste Water Act, with about 50 administrative regulations. The requirements on water chemistry and analysis are gone into. (orig./HP) [de

  12. Aspects of a legal framework for language resource management

    CSIR Research Space (South Africa)

    Sharma Grover, A

    2012-05-01

    Full Text Available . References Sharma Grover, A, Van Huyssteen, GB & Pretorius, MW. (2011). The South African Human Language Technology Audit. Language Resources and Evaluation. DOI: 10.1007/s10579-011-9151-2. ISSN: 1574-020X. 45(3). Binnenpoorte, D., De Vriend, F., Sturm... Legal Framework for Language Resource Management Aditi Sharma Grover1, Annamart Nieman2, Gerhard B. van Huyssteen3, Justus C. Roux3 Human Language Technology Research Group, CSIR-Meraka Institute, Pretoria, South Africa1, Advocate, Member...

  13. Legal Aspects of the Financing of Religious Groups in Spain

    Directory of Open Access Journals (Sweden)

    ÓSCAR CELADOR ANGÓN

    2014-06-01

    Full Text Available The purpose of this paper is to analyze the Spanish public polices in the financing of churches and religious organizations. According to this approach, and taking in account that the Spanish legal frame lack of a common regulation for all religious groups, this paper aims to provide analysis of the following issues: the constitutional principles of the Spanish political system relevant to the religious freedom, the cooperation agreements between the State and the religious groups, and the economic and fiscal regime of the Catholic Church and the religious minorities.

  14. Day Care Legal Handbook: Legal Aspects of Organizing and Operating Day Care Programs.

    Science.gov (United States)

    Aikman, William F.

    This guide for providers of day care services presents information on business regulations and other legal considerations affecting for-profit and not-for-profit day care programs. Three basic topics covered are: (1) choosing the type of organization (sole proprietorship, partnership or corporation), (2) forming the organization, and (3) operating…

  15. [Abortion in Colombia. Medical, legal and socioeconomic aspects].

    Science.gov (United States)

    Umaña, A O

    1973-01-01

    Abortion is a social problem and criminal sanctions are very ineffective in limiting it and are seldom applied (133 legal actions vs. 65,600 cases of induced abortion in 1965). Abortion is a social disease, as are prostitution, juvenile delinquency, drug abuse, and so far has been an insoluble problem. Colombian laws should be modified to reflect reality. Sex education must be emphasized, because ignorance is one of the main causes of abortion. Leniency should be applied toward women who cooperate with the authorities in identifying the person who performed an abortion. Legalization of abortion and enforcement of strict laws against it are considered as possible solutions, but both are rejected. The former is regarded as morally unacceptable and as imposing an excessive burden on scarce health services, the latter as even worse, imposing an equivalent burden on the court system, without s olving either health or social problems. The best and probably only solution is to improve education in family planning, to promote knowledge and motivation to enable the population to make sound and responsible decisions.

  16. Legal aspects of financing Canadian offshore oil and gas developments

    International Nuclear Information System (INIS)

    Green, J.M.; Hudec, A.J.

    1992-01-01

    A review is presented of the significant legal considerations involved in structuring, negotiating, and documenting commercial financing of a Canadian offshore oil and gas production facility. Emphasis is placed on the Hibernia Project in the Newfoundland offshore as an example, and more specifically the $450 million bank financing completed in November 1991. The legal framework governing offshore production financing in this case was complex, due to the project's location in international waters on the continental shelf. Complex intergovernmental arrangements have been implemented between Canada and Newfoundland to govern the offshore area and regulate the project. An agreement called the Atlantic Accord allowed the Canada Newfoundland Offshore Petroleum Board (CNOPB) to grant production licenses and to regulate offshore exploration and development, with matters relating to legislation, taxation, and royalties shared between the governments. Certain other acts were enacted or extended for application to the offshore area. The CNOPB administers a registry system for transfers and security interests in offshore licenses. Security interests including property are ensured by the Hibernia Act, which makes Newfoundland's existing security interest regime applicable to the offshore. The project owners are operating Hibernia as a joint venture, and the structure of project financing and inter-creditor arrangements is examined. The competing security interest of project lenders and non-defaulting participants is discussed, along with assignment of priorities on the security in case of default

  17. Expanding OPEC production capacity: some legal and environmental aspects

    International Nuclear Information System (INIS)

    Al-Sahlawi, M.A.

    1992-01-01

    There is general consensus that the global demand for oil will increase in the medium-to-long term. It is predicted that much of this additional demand will be for OPEC oil. Therefore, it will become necessary to expand OPEC production capacity to meet this perceived increase. In recent years, many OPEC countries have launched far-reaching and, in some cases, radical plans to expand their production capacity. However, given the various investment and political constraints faced by the 13 OPEC Members, each country differs markedly in its ability to boost production capacity sufficiently to meet self-imposed targets. In this paper, we examine the importance to the oil market of recent oil supply trends and possible future attempts to build OPEC production capacity, focussing in particular on the legal and environmental issues involved. A review is provided of the legal mechanisms currently evolving in OPEC Countries to encourage investment in their oil industries. In addition, we outline the impact of the environmental movement of OPEC's expansion programmes. (author)

  18. Legal aspects associated with dismissal from clinical laboratory education programs.

    Science.gov (United States)

    Legrys, V A; Beck, S J; Laudicina, R J

    1995-01-01

    To review academic dismissals, students' rights in dismissal cases, and several key cases involving academic and disciplinary dismissals. Recent academic literature and legal precedents. Not applicable. Not applicable. Students involved in dismissals are protected under the principles of constitutional law and/or contract law, depending on whether the institution is public or private. The basis for dismissal from educational programs is either academic or disciplinary in nature. In academic dismissals, a student has failed to meet either the cognitive or the noncognitive academic standards of the program. In disciplinary dismissals, a student has violated the institutional rules governing conduct. Policies that affect progress in the program and the dismissal process should be published and distributed to students, as well as reviewed for consistency with institutional policies. The amount of documentation needed in the defense of a dismissal decision has not been specified, but, in general, more is better. Procedures are suggested as a guide to dismissals in clinical laboratory programs.

  19. Multinational repositories: Ethical, legal and political/public aspects

    International Nuclear Information System (INIS)

    Boutellier, C.; McCombie, C.; Mele, I.

    2006-01-01

    Concepts for shared multinational repositories face a great challenge in achieving acceptance, despite the fact that they promise advantages in safety, security, environmental protection and costs. When considering advantages of shared multinational repositories, it is instructive to examine which are the ethical, legal and political issues that mostly affect the feasibility of implementing such facilities. This paper addresses the key questions from two opposite sides. The early part takes a 'top-down' view, looking at the international debate on ethical issues, summarising a wide range of national political attitudes and identifying relevant international legislation and treaties. The latter looks 'bottom-up' at the problem, by discussing the situation of a small country, Slovenia. Slovenia has limited financial resources for implementing disposal - but it has a firm commitment to fulfilling its responsibilities for safely managing all Radioactive Wastes (RAW) arising in the country. Strategies considered to do so are laid out in this paper. (author)

  20. Nuclear plants near borders: environmental, legal, economic and political aspects

    International Nuclear Information System (INIS)

    Carle, R.

    1990-01-01

    Over the last few years, the legal framework of the development of nuclear energy within Europe has focussed on the special problems posed by nuclear plants located near national boundaries. The problems which may be caused by such plants must clearly be handled in the same way as for any other installations and the governments concerned need to define mutually acceptable conditions. Joint committees have already been formed between some countries, most notably to deal with nuclear plant safety issues. Special agreements have been reached covering the use of river water, public information and mutual assistance in case of accident. The key to the whole process is a progressive standardization of regulations concerning the environment, safety, radiological protection, non-proliferation, public information and emergency plans in case of accidents. (UK)

  1. Technical and legal aspects of the decommissioning of nuclear installations

    International Nuclear Information System (INIS)

    Rowden, M.A.; Fowler, S.E.

    1983-01-01

    Many of the plants licensed at the start of nuclear power programmes will require decommissioning in the 1990's and this issue should now be confronted by the nuclear industry, its regulators and governments. This paper deals with the United States programme and experience in the decommissioning of nuclear installations and describes alternative decommissioning methods including safety and financial aspects. (NEA) [fr

  2. Legal and ethical aspects of organ donation and transplantation

    Directory of Open Access Journals (Sweden)

    Sunil Shroff

    2009-01-01

    Full Text Available The legislation called the Transplantation of Human Organ Act (THO was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on

  3. [The notion of occupational skin disease. Medical and legal aspects].

    Science.gov (United States)

    Elsner, P; Schliemann, S

    2015-03-01

    The different definitions of skin disease in medicine and in law are frequently confusing for dermatologists. While a skin disease may be defined medically referring to the definition of health by the WHO as a pathological condition of the skin leading to a disruption of the physical, mental and social well-being of the individual, legal definitions vary depending on the field of insurance law that is referred to. In the law of private health insurance, a skin disease is defined as an anomalous condition of the skin requiring medical treatment that exists independently of the subjective judgement of the insured person and needs to be objectively confirmed by a medical evaluation. In contrast, in the law of the social health insurance, the Federal Court of Social Justice defines disease as irregular physical or mental condition, deviating from the perception of a healthy human being that requires medical treatment or leads to inability to work. Substantial bodily disfigurement may be regarded as an irregular physical condition. In the law of the statutory accident insurance, occupational skin diseases are defined under clause 5101 of the occupational disease regulation as serious or repeatedly relapsing skin diseases that have forced a person to refrain from any work activities causal for the development, the aggravation or the recurrence of the disease. The Federal Court of Social Justice interprets the term "skin disease" from the protective purpose of the law, i.e. the protection against the economic and health consequences of the exposure to harmful agents and a thereby forced change of profession. This broad interpretation of the term "skin disease" leads to the recognition of diseases of the conjunctiva of the eye or diseases of the blood vessels of the skin due to cold damage as skin diseases according to clause 5101. For the correct treatment and possibly notification of occupational skin diseases in collaboration with various insurance carriers

  4. Aspects of legal communitarianism in Greece: between Millet and citizenship

    Directory of Open Access Journals (Sweden)

    Konstantinos Tsitselikis

    2012-12-01

    Full Text Available Legal and political percepts pertaining to ethnic belonging in Greece are closely linked to the ideological understanding of Greekness, a legacy of the Ottoman Greek-Orthodox millet system. Complementary to this image of the national self, minority protection law on Muslims and Jews was and still is partially formed through millet-like paradigms. Greece’s territorial expansion made all inhabitants of the annexed provinces Greek citizens en masse: in addition to those that were deemed eligible to belong to the Greek nation, Jewish and Muslim communities also acquired Greek citizenship. For these communities the self-autonomy of the Ottoman millet structure in education and religious matters was transformed into minority protection, through special rights (community schools, Moufti’s jurisdiction, Muslim foundations, military conscription attributable through religion to citizens of the state. En Grecia, la interpretación ideológica del carácter griego está estrechamente relacionada con los preceptos legales y políticos relativos a la pertenencia étnica, legado del sistema millet otomano griego-ortodoxo. Como complemento a esta percepción de la identidad nacional, la ley de protección de las minorías musulmanas y judías estuvo, y todavía está parcialmente formada por paradigmas milletianos. La expansión territorial de Grecia convirtió de forma masiva a los habitantes de las provincias anexadas en ciudadanos griegos: entre los que se consideró que reunían los requisitos necesarios para pertenecer a la nación griega, se encontraban las comunidades judías y musulmanas. En ambos casos, la autonomía en temas de educación y religión que disfrutaban dentro de la estructura milletiana de los otomanos, se transformó en protección minoritaria, a través de derechos especiales (escuelas de la comunidad, jurisdicción Moufti, fundaciones musulmanas, el reclutamiento militar atribuibles a los ciudadanos del estado a través de la

  5. The legal aspects of fetal protection policies in the workplace

    International Nuclear Information System (INIS)

    Jose, D.E.; Scott, E.K.

    1991-01-01

    The concerns of working women have received increasing attention from lawmakers, employers and women themselves as more and more American women enter the workforce. Fetal protection policies evidence a growing awareness by employers that their workplace poses special hazards to the unborn children of women workers. Yet, the fetal protection area is fraught with tension between legitimate competing concerns. Women expect equal employment opportunities, and employers are legally bound to provide equal treatment; however, these interests are challenged by women's desire to deliver healthy babies and employers' desire to avoid causing fetal defects or to be sued for naturally occurring genetic defects. Title 7 of the Civil Rights Act of 1964 and various state laws on fair employment practice embodies societal concerns for fairness in employment as it relates to fetal protection. Fetal protection policies are one example in which discriminatory practices are implicated since under such policies employers may refuse to hire or segregate previously hired pregnant women or women of child bearing age on the grounds that such exclusion or segregation is necessary to protect fetal health or the reproductive capacity of the female employee. A dilemma is presented to the employer of any nuclear workforce which includes women since the permissible dose for a man or woman is many times larger than the dose for a fetus

  6. The Central Bank and the State Budget: Selected Legal Aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2015-09-01

    Full Text Available The Polish Central Bank (National Bank of Poland – NBP performs mainly macro-economic tasks, for maintaining price levels. This Bank is not focused on tasks aimed at the interests of the State Budget. The Central Bank has a lot of power in the creation of money. It seems, there is possible to create the budgetary revenues, which are connected with the emission of money. In particular, the income from emission of coins may be determined as the budget revenue. The connection the Treasury with the Central Bank results from the historical evolution of the origin and role of the Central Bank. It is reasonable to increase the role of the treasury securities in the Central Bank activity. The Treasury Bills should be used in the open market policy leading by the Central Bank. There is the issue of changing of the Constitution of the Republic Poland in the field of limit of the public debt (60% of GDP. It seems, the Polish Constitution should not be the only constitution in the world that introduced such a limit. This limit, and the limit on annual budgetary deficit, introduces EU law. That is a sufficient legal limit.

  7. LEGAL ASPECTS AND UNCONVENTIONAL METHODS OF CANCER TREATMENT

    Directory of Open Access Journals (Sweden)

    S. V. Sidorov

    2018-01-01

    Full Text Available Background: The current legislation on the provision of medical assistance fixes the patient’s right to health care and medical assistance (Article 41 of the Constitution of the Russian Federation. Hence it follows that the patient has the opportunity to receive advice on the use of different treatment methods not only from his/her attending physician, but also from other doctors, to use available reference information, and to consider options for using methods of alternative medicine. Patients have the right to refuse treatment if they consider that the treatment options offered by the attending physician are inappropriate for them. Physicians have no right to treat patients without a patient’s informed consent. It is necessary to determine the actual legal model of the relationship between the attending physician and the patient, who may have different options for further treatment. The purpose of the study was to analyze the legislation on the protection of public health, which allows the attending physician to refuse further treatment of a patient, informing the chief physician about the reasons for the refusal.Results. In cases when cancer hospitals and centers refuse to treat patients who decline conventional cancer treatment and require alternative medicine instead, a signed mutual refusal of medical care is documented: the patient’s refusal of the treatment and the cancer institution’s refusal of the treatment options offered by the patient.

  8. Ethical, legal and social aspects of the approach in Sudan

    Directory of Open Access Journals (Sweden)

    Nugud Abdel

    2009-11-01

    Full Text Available Abstract The global malaria situation, especially in Africa, and the problems frequently encountered in chemical control of vectors such as insecticide resistance, emphasize the urgency of research, development and implementation of new vector control technologies that are applicable at regional and local levels. The successful application of the sterile insect technique (SIT for the control of the New World screwworm Cochliomyia hominivorax and several species of fruit flies has given impetus to the use of this method for suppression or elimination of malaria vectors in some areas of Africa including Northern State of Sudan. The research and development phase of the Northern State feasibility study has been started. Sudanese stakeholders are working side-by-side with the International Atomic Energy Agency in the activities of this important phase. Several ethical, legal and social issues associated with this approach arose during this phase of the project. They need to be seriously considered and handled with care. In this paper, these issues are described, and the current and proposed activities to overcome potential hurdles to ensure success of the project are listed.

  9. Legal aspects of the EU policy on irregular immigration

    Directory of Open Access Journals (Sweden)

    Voinikov Vadim

    2015-12-01

    Full Text Available This article addresses the issues pertaining to the adoption and development of legislation on irregular migration in the context of uncontrolled growth in the number of immigrants from North Africa and the Middle East to the EU. The article attempts at studying the EU legislation on irregular migration, classifying it, and analysing the prospects of EU migration legislation in the light of an increase in irregular immigration into the EU. The author systematises, classifies the current EU legislation on irregular immigration, and analyses the conditions, in which this legislation was developed. Using the legislation analysis method, the author proposes the following system of EU legislation on irregular immigration: rules preventing assistance to irregular immigration, rules preventing employment of irregular immigrants, rules on the return of irregular migrants and readmission, rules on border control, and rules on collaboration with third countries. The author pays special attention to analysing the current state of irregular immigration to the EU, which was dubbed the ‘greatest migration crisis in Europe’. The conclusion is that the European Union succeeded in the development of pioneering legislation on irregular immigration, which can serve as the basis for reception by other states. However, changes in the political and economic situation in the EU’s southern borderlands made the current legal mechanisms incapable of withstanding new threats. It necessitates a radical reform of the legislation on irregular immigration.

  10. Legal-Civil aspect of types of Immaterial Damage

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Rrustem Qehaja

    2013-12-01

    Full Text Available Causing of damage is accompanied with causing of responsibility for its compensation. Human being in the daily life is often threatened by various risks which along with the causing of bodily injuries in some cases may bring also causes of death. From the legal doctrine, in Kosovo and in the region, related to nomination of material and immaterial damage, in addition there may also be found other nominations including the property damage and non-property damage or as differently called moral damage[1], but the basic distinction in this division stands at its compensation. Subject of analysis of this work shall be focused with particular emphasis in Kosovo with some superficial comparisons to the neighbour countries. The only formula of indemnification for the immaterial damage according to insurance coverage remains the satisfaction[2] expressed in monetary value which according to LMTPI[3] and the Directive of the Council of European Parliament underwent positive amendments in viewpoint of increase of amounts of insurance.[4] In context of this work, only some types of immaterial damage shall be reviewed, including: -          Damage in form of physical distress, -          Damage in form of fear and -          Damage in form of spiritual distress because of reduction of life activities.

  11. [The legal and ethical aspects of nerve tissue transplantation].

    Science.gov (United States)

    Sramka, M; Rattaj, M

    1992-01-01

    The authors have specified the following criteria for the withdrawal of embryonal tissue at their department: 1) only tissue from dead fetus is allowed to be used in neurotransplantation; 2) embryonal tissue is to be obtained after spontaneous abortions from volunteers or from women asking for artificial abortion; 3) the women should be informed about the curative purposes of embryonal tissue voluntary donorship and they must give a written consent; 4) decision on abortion should be separated from the use of embryonal tissue; 5) women should not know recipients; no payments should be made for tissue; 6) the donor is not permitted to impregnate in order to use embryos for research or clinical purposes; 7) sampling of BWR, HBsAG, anti-HIV, cytomegalovirus, herpes I and II is to be made for serologic examinations and that from the cervix for cultivation and sensitivity, as well as ultrasound verification of a germinal age is done in potential donors; 8) consent should be signed to embryonal brain transplantation by recipient or his legitimate deputy if the recipient is certifiable. The above criteria should protect both the donor and the recipient. The use of embryonal tissue cultures seems to be promising. In addition to legal and ethic problems, immunological problems and problems concerning the aseptic withdrawal of embryonal tissue are falling off.

  12. [Asylum Law and Mental Health: An Interdisciplinary Analysis of the Coaction of Medical and Legal Aspects].

    Science.gov (United States)

    Hanewald, Bernd; Gieseking, Janina; Vogelbusch, Oliver; Markus, Inessa; Gallhofer, Bernd; Knipper, Michael

    2016-04-01

    Interdisciplinary analysis of the consequences of laws and legal practice for mental health conditions of asylum seekers and psychiatric care. Based on the case study of a Kurdish woman with complex trauma-related psychiatric disorder, who had been in psychiatric hospital care for 25 months, the legal and medical facts are exposed, followed by a discussion referring to theoretical approaches from medical anthropology. Immigration laws and legal practice can have harmful consequences, which can be interpreted as "structural violence". In case of traumatized refugees, the coaction of legal and medical aspects has to be acknowledged seriously by the medical, legal and political parts involved. © Georg Thieme Verlag KG Stuttgart · New York.

  13. Legal aspects of cancer deseases prophylactics: patients rights context.

    Science.gov (United States)

    Tatsiy, Vasyl; Gutorova, Nataliya; Pashkov, Vitalii

    Introduction: In accordance with Resolution on Cancer Control WHA58.22 Cancer prevention and control The Fifty-eighth World Health Assembly it is obvious technology for diagnosis and treatment of cancer is mature, and that many cases of cancer may be cured, especially if detected earlier Some key points on concept of legal regulation of abovementioned sphere is a base of this study. However, the problems of using an effective mechanism for protecting the rights of patients in certain types of disease, in particular cancer patients, by providing early diagnosis, are not fully developed by medical law specialists. The aim of the article is to determine the means of ensuring the right to health and life of cancer patients in particular through early diagnosis. Material and Methods: This study is based on regulation acts, World health report (2013), The Fifty-eighth World Health Assembly, WHA58.22 Cancer prevention and control, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, European Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights of the European Union, research papers and views of progressive-minded people in this sphere. Article is grounded on dialectical, comparative, analytic, synthetic and comprehensive research methods. Review: Most countries have declared a compliance of their national legislation with international standards regarding the right to life and health. The analysis of the abovementioned international acts in context of protection of the rights of patients with cancer leads to the conclusion that countries that have undertaken international legal obligations to protect the right to life are required to take the necessary measures to ensure the effective treatment of cancer patients. Taking into account that the lack of such treatment due to the specificity of the disease entails the death

  14. The legal and documentary aspects of sale of oil cargoes

    International Nuclear Information System (INIS)

    Bassindale, J.

    1993-01-01

    The paper is divided into three main sections. The first part discusses a number of specific areas where sale contracts in the oil markets differ from traditional CIF or FOB contracts in other trades and where difficulties have therefore arisen which are peculiar to the oil trade. The second part deals with the passing of ownership and risk in oil cargoes. Finally it looks at certain documentary aspects of oil trading transactions, again concentrating on areas such as letters of indemnity, where the oil markets differ from the traditional commodity markets. (author)

  15. Animal poisoning - veterinary-medical and criminal-legal aspects

    Directory of Open Access Journals (Sweden)

    Aleksić Jelena

    2014-01-01

    Full Text Available Apart from approved or planned poisoning with agricultural purpose, an increase in the number of cases of intentional animal poisoning (primarily referring to cats and dogs has been detected in Serbia, and it is suspected that their number is significantly larger than the one shown by the official statistics data. Under the conditions prescribed by the Criminal Code of the Republic of Serbia, such activities may represent the crime of killing and torture of animals, but also the crime of causing a general danger. It would be impossible to conduct the procedure of discovering and proving these criminal offences and the responsibility of their perpetrators without findings and opinion of forensic veterinary-medicine experts. They play an important role when it comes to site inspection, crime scene processing, collecting the samples from the crime scene, processing of samples and autopsy and exhumation of a potentially poisoned animal body. Just like other evidence in criminal procedure, findings and opinion of experts of veterinary medicine are estimated in accordance with the principle of free assessment of evidence. However, due to the specificity of such cases of killing and torture of animals, their impact on court’s decision on the existence of criminal offence and perpetrator’s liability is crucial. In this paper, the authors discuss the scope of animal poisoning in Serbia, particularly in Belgrade, analyze possible criminal - legal consequences of these illegal activities and point out to a significant role that experts of veterinary medical profession have in discovering and proving such cases and the liability of their perpetrators.

  16. Some aspects in the legal regulation of the dams

    International Nuclear Information System (INIS)

    Tancev, Ljubomir

    1996-01-01

    In order to ensure high quality and low cost design and building of dams and appurtenant structures, as well as safe exploitation, it is obvious to have appropriate legislation. Keeping in mind that the dams are unique structures, for the design stage the legislation should be less strong. For the next phases - building, maintenance and exploitation - detail and rigorous legislation is recommended. It is emphasised that the engineers should have more freedom designing the dams, but they should be obvious to apply the most recent achievement in the field of the dam design and construction. For illustration, some aspects of three important questions are discussed - 1) the choice of maximum flood discharge, 2) the application of new materials and construction methods and 3) the application of modern methods for static and dynamic analysis of dams. (Author)

  17. Legal aspects of search and mining of nuclear ores under Brazilian law

    International Nuclear Information System (INIS)

    Godinho, T.M.

    1980-06-01

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

  18. The Interdisciplinary Course in the Legal Aspects of Noise Pollution at Columbia University.

    Science.gov (United States)

    Harris, Cyril M.; Rosenthal, Albert J.

    1981-01-01

    A course in the legal aspects of noise pollution, cross-listed for students in Columbia University's Law and Engineering Schools, is described. Although noise is used as the major source of environmental pollution in this course, the principles and methodology discussed apply to other forms of environmental law. (MLW)

  19. SOCIO-ECONOMIC AND LEGAL ASPECTS OF ENVIRONMENTAL CRIME IN UKRAINE

    Directory of Open Access Journals (Sweden)

    Tamara Hubanova

    2017-12-01

    Full Text Available The increased danger of environmental crime is primarily determined by an increase in anthropogenic pressure on the natural environment, which, in the conditions of the global environmental crisis, threatens to cause significant, often non-renewable, damage to the vital interests of man, society, and the state. Ukraine belongs to the countries with the worst ecological situation. Pollution of the environment reached unprecedented levels in recent years. The purpose of the study is to reveal the essence and causes of environmental crime in Ukraine, socioeconomic aspects of the identified phenomenon, analyse the impact of negative consequences of environmental crime on the Ukrainian economy, as well as study legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues. The subject of the study is the socio-economic and legal aspects of environmental crime in Ukraine. Methodology. In order to achieve the goal, the authors of the study carried out an analysis of the definition of the system of environmental crimes in the scientific literature, various statistical data on the state of the ecological situation and crime in Ukraine, as well as laws and regulations defining the national environmental policy of Ukraine. As a result of the study, the essence and causes of environmental crime in Ukraine are highlighted, socio-economic aspects of the phenomenon, the impact of negative consequences of environmental crime on the Ukrainian economy, and legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues are revealed. Value/originality. The raised issues repeatedly attracted the attention of many researchers; in the scientific literature, various aspects of environmental crime were given attention in the works of famous scholars in the field of criminal and environmental law, experts in the field of economics of natural resources. However, the

  20. Application of ionizing radiation sources to medicine. Civil-legal aspect

    International Nuclear Information System (INIS)

    Golikov, V.Ya.; Zel'din, A.L.

    1990-01-01

    Civil-legal aspect of using ionizing radiation sources (IRS) in medicine was investigated. It is shown that IRS are sources of great danger. Application of medical procedures with the use of IRS requires the ofligatory agreement of a patient or his legal representatives. Concealment of doses, received by patients, prohibition of issuing dose cards complicate dose load accounting and are considered as unlawful. Legal evaluation of IRS harmfulness is difficult, because delayed radiation effects are manifested after long periods of time. Application of IRS procedures is lawful when other methods of diagnosis and therapy can't be applied. The use of methods and equipment, which don't result to minimal radiation doses, should be considered as unlawful. Standards, regulating the order of IRS procedures, should be revised

  1. Defining a Communications Satellite Policy System for the 21st Century: A Model for a International Legal Framework and A New _Code of Conduct_

    Science.gov (United States)

    Pelton, Joseph N.

    1996-02-01

    This paper addresses the changing international communications environment and explores the key elements of a new policy framework for the 21st Century. It addresses the issues related to changing markets, trade considerations, standards, regulatory changes and international institutions and law. The most important aspects will related to new international policy and regulatory frameworks and in particular to a new international code of ethics and behavior in the field of satellite communications. A new communications satellite policy framework requires systematically addressing the following points: • Multi-lateral agreements at the nation state and the operating entity level • Systematic means to access both private and public capital • Meshing ITU regulations with regional and national policy guidelines including • landing rights" and national allocation procedures. • Systematic approach to local partnerships • Resolving the issue of the relative standing of various satellite systems (i.e. GEO, MEO, and LEO systems) • Resolving the rights, duties, and priorities of satellite facility providers versus types of service prviders. Beyond this policy framework and generalized legal infrastructure there is also another need. This is a need that arises from both increased globalism and competitive international markets. This is what might quite simply be called a "code of reasonable conduct:" To provide global and international communications services effectively and well in the 21st Century will require more than meeting minimum international legal requirements. A new "code of conduct" for global satellite communications will thus likely need to address: • Privacy and surveillance • Ethics of transborder data flow • Censorship and moral values • Cultural and linguistic sensitivity • Freedom of the press and respect for journalistic standards As expanding global information and telecommunications systems grow and impact every aspect of modern

  2. Legal, ethical and professional aspects of duty of care for nurses.

    Science.gov (United States)

    Dowie, Iwan

    2017-12-13

    Duty of care is a fundamental aspect of nursing, and many nurses consider this to be an important part of their professional duties as a nurse. However, the legal underpinnings of duty of care are often overlooked, and, as such, nurses may be unsure about when to act if they encounter emergency situations or serious incidents, especially when they are off duty. This article examines the legal, ethical and professional aspects of duty of care, what these mean for nurses in practice, and how duty of care is intrinsically linked with standards of care and negligence. ©2017 RCN Publishing Company Ltd. All rights reserved. Not to be copied, transmitted or recorded in any way, in whole or part, without prior permission of the publishers.

  3. Legal aspects of the ocean carriage and receipt of liquefied natural gas. Sea Grant Collage Program

    Energy Technology Data Exchange (ETDEWEB)

    Swan, P.N.

    1977-03-01

    A comprehensive approach is made to various legal aspects of the transport of liquefied natural gas. Following explanations on the specific technology of LNG, consideration is given to the structural and operational safety of LNG carriers; siting of terminals and assessments of environmental risks; the financing of the carriers; the liability and insurance; the regulations; and finally, the political, national security and diplomatic problems are reviewed.

  4. Awareness about medico legal aspects and Consumer Protection Act among dentists.

    Science.gov (United States)

    Radhika, T; Nadeem, J; Arthi, R; Nithya, S

    2017-07-01

    The practice of medicine in India has undergone considerable change affecting delivery of health in both positive and negative directions. As a result, there was a growing feeling that medical treatment should be made accountable and this led to doctors and dentists becoming subject to the process of law. Patients have become more aware of their right to compensation and as a consequence doctors and dentists should be knowledgeable about the laws that govern them. To assess the awareness about Medico legal aspects and Consumer Protection Act [CPA] among Dental professionals. A self-structured validated questionnaire comprising of 20 questions related to medico legal aspects and CPA was designed. A total of 450 dental professionals were surveyed from 4 prime dental institutions in Chennai, India. Of the 450 professionals that were surveyed 150 were MDS faculty, 150 were BDS faculty and 150 were PG students. The data was subjected to SPSS, version 16 and statistically analysed using Chi square test and Fisher's exact test. A- p value less than 0.05 was considered to be statistically significant. BDS faculty, MDS faculty and PG students were found to possess similar level of understanding and there was no significant difference between the groups. Knowledge was found to be equal between male and female dentists. The young practitioners were found to be more informed about CPA than the senior practitioners. It was found that most of the participants were aware of relevant Medico legal aspects, but were less aware of CPA. This study emphasises the need for education relevant to Medico legal aspects and CPA for dental professionals.

  5. [Legal aspects and the treatment procedure of gender dysphoria in Hungary].

    Science.gov (United States)

    Kórász, Krisztián

    2015-07-26

    The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper.

  6. Legal aspects concerning the requirement for completion of the backend of the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Strassburg, W. Dr.

    1987-01-01

    Most european states are forced by their political institutions, parliaments or governments to establish integrated programmes about the recycling and safe disposal of all kinds of radioactive materials resulting from the application of nuclear energy. A proper solution is not an option as on other continents, but an obligation, due to environmental and economical reasons. First, I will outline the ''Fuel Management Concept'' in the Federal Republic of Germany, than, I will say something about the institutional responsibilities, the package deal clause and the actual practice of management and disposal. We will look into the legal aspects of the atomic energy act, the hazard protection and precaution, the administrative requirements, the discretionary rules of law and some undefined legal conceptions, the practice of public licencing, the advanced public participation and the immediate effectiveness as the substance of my reflections. Finally there shall be some closing remarks on assessing the German fuel management concept

  7. Aspects pertaining to the legal regime of Presidential decrees in Romania

    Directory of Open Access Journals (Sweden)

    Camelia Florentina STOICA

    2014-12-01

    Full Text Available The doctrinal debates on the legal regime of presidential decrees and the recent case-law of the Constitutional Court have determined the present approach for analysis of some aspects pertaining to the issues arising in relation to these acts, especially their legal features and nature and, from this perspective, the differentiations with regard to the challenging of presidential decrees – we refer, in this context, to the extension of the control carried out by courts. The conclusions of the study reveal the importance of addressing and establishing the relations between public authorities, inclusively with regard to the substantiation, issuance and implementation of presidential decrees, in relation to the principle of constitutional loyalty.

  8. [Legal aspects of delegation and reorganisation of medical services in the psychiatric field].

    Science.gov (United States)

    Jordan, Wolfgang; Adler, Lothar; Bleich, Stefan; Cohrs, Stefan; von Einsiedel, Regina; Falkai, Peter; Grosskopf, Volker; Hauth, Iris; Steiner, Johann

    2011-11-01

    Current psychiatric-psychotherapeutic in-patient care takes place in an area of tension between increasing treatment requirements and the persistent lack of qualified staff. The optimisation of the diagnostic-therapeutic procedures in a clinic helps to reduce existing care deficits or to generate resources for future developments. The subject of delegation and substitution of medical services is considered in this context. Inadequate knowledge of the legal situation on the part of the decision makers impairs the indispensable trustful cooperation among the professions and adds to the uncertainty of all those concerned. The present paper outlines the legal, organisational and health policy aspects of delegation and the reorganisation of medical activities in the field of psychiatry. © Georg Thieme Verlag KG Stuttgart · New York.

  9. Munchausen syndrome by proxy in Mexican children: medical, social, psychological and legal aspects.

    Science.gov (United States)

    Trejo-Hernández, Jorge; Loredo-Abdalá, Arturo; Orozco-Garibay, José Manuel

    2011-01-01

    The Munchausen Syndrome by Proxy (MSP), is considered as an unusual less frequent variety of child abuse (CA). In this type of abuse the perpetrators purposely provide factitious information, tamper with specimens or actually induce an illness in a child. Nowadays, it is a clinical entity described in pediatrics as more frequently than before. Despite the fact of its presence worldwide, there are still problems in order to get an appropriate diagnostic. It is also difficult to handle both the clinical and legal aspects in various countries. Make our academic fellows aware of various pediatric, psychological, social and legal aspects of a series of cases attended at the Clínica de Atención Integral al Niño Maltratado from Instituto Nacional de Pediatría (CAINM-INP), Mexico [Integral Clinic of Attention for Abused Children, at National Institute of Pediatrics, Mexico]. From a series of 25 cases, 18 minors of age were considered with this syndrome since we found that they shared medical, psychological, social and legal characteristics. 18 minors of age belonged to 14 families. 4 of those families had two affected children each one. These affected children were girls 13/18, predominant in children under six years in 10/18. Syndrome expression was distributed as follows: fever from a non determined origin, seizures, chronic diarrhea, hematuria, and probable sexual abuse. 14 children were hospitalized. In all cases, the aggressor was the mother. The psychological evaluation of six perpetrators revealed psychotic, histrionic, and compulsive-obsessive traits. The socio-economic condition was low in 50% of the cases. A legal demand was posed for seven patients in which all the children remained under the custody of the mother. In Mexico, reports of CA have increased within the last years according to experience. Some complex forms as MSP require the participation of an interdisciplinary team for both diagnosis and integral attention.

  10. Accounting and Legal Aspects regarding the Online Romanian Crowdfunding Platforms` Operations

    Directory of Open Access Journals (Sweden)

    Cristina Nicolaescu

    2016-01-01

    Full Text Available The present paper aims to detail the law and the accounting aspects related to the platforms of participative funding running. Even if, the crowdfunding, as a funding method, is internationally used more and more often and for a certain period of time, it represents a new concept in Romania. In principle, the crowd funding or the participative funding, as the term has been assumed in Romania, represents the funding of a project elaborated by an individual or by a legal entity, by any interested person. The operations unfold using online platforms, which connect the investors and the projects’ developers, requesting a commission in exchange for this service.

  11. Emission certificates. Legal, tax-related and practical aspects; Emissionszertifikate. Rechtliche, steuerliche und praktische Aspekte

    Energy Technology Data Exchange (ETDEWEB)

    Hack, Christoph; Bartholl, Carsten; Hartmann, Astrid (eds.)

    2011-07-01

    The book discusses the issue of emission certificates from the view of public law, civil law and tax law, in consideration of practical experience with emission reduction projects. The subjects discussed range from emission trading from the view of public law to the civil law and regulatory law aspects of emission trading and taxation law. The legal situation in Germany is covered from the view of public and private law. The state of legislation on emission reduction in the USA is gone into, and practical experience relating to the Clean Development Mechanism is presented. (orig./RHM)

  12. The Social Security Reform And Its Legal, Social And Economic Aspects

    Directory of Open Access Journals (Sweden)

    Rubiane Galiotto

    2016-12-01

    Full Text Available This study aims to analyze the relationship between Reclusion-Aid and the application of the Principle of Equality through the analytical-deductive method with the analysis of doctrinal and legal aspects on the subject. The legislation after the Constitutional Amendment nº 20/1998 foresees a low-income requirement for granting Reclusion-Aid. Therefore, the benefit harms the Principle of Equality since it ensures the Pension Benefit only to the families with low-income. Before such discrimination, the families of policyholders inmates who received value greater than the stipulated in law are left helpless.

  13. Legal aspects of the use of radiography in N.S.W

    International Nuclear Information System (INIS)

    Dawes, W.D.

    1981-01-01

    Legal aspects related to the use of irradiating apparatus and radioactive substances in New South Wales, Australia, are covered. The Radioactive Substances Act is in essence an occupational health and safety legislation. The Act, regulations, administration of the Act, the powers of inspectors appointed to implement the requirements of the Act and licensing procedures are discussed. It is the intention of the review to show the destructive effects of radiation prior to the introduction of acceptable limits of exposure and control by way of legislation

  14. THE LEGAL ASPECTS OF THE MOBBING IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Andon Majhosev

    2014-07-01

    Full Text Available Workplace mobbing as a form of psychological terrorism in the Republic of Macedonia is relatively new phenomenon which in the last decade is causing huge attention in the legal theory and practice. The problem with mobbing has also become an object of interest of the Macedonian’s trade union since they have seen the danger which this unwanted phenomenon causes in the work environment. That is why the trade union, especially the most numerous and the most representative ones in this country, the Federation of trade unions in Macedonia, has taken initiative to introduce a legislative to protect the workers from harassment in the work place in order to prevent psychological terrorism of the employees, as well as protect the workers from this negative phenomenon. This initiative resulted with the adoption of a special law on 29.05.2013. In this paper we are going to try to analyze the legal framework of the protection from psychological harassment in the work place (mobbing in the Republic of Macedonia, in terms of the rights, obligations and responsibilities of the employers and employees regarding the prevention of psychological harassment in the work place, as well as measures and procedures for the protection from psychological harassment in the work place of the employer and the proceedings. While analyzing the legal aspects of the psychological harassment we are going to stay focused in the Labor law and Law on Protection from Harassment in the Workplace.

  15. Health Care Professionals’ Knowledge and Attitudes About Sexually Transmitted Diseases and Legal Aspects of Medical Services

    Directory of Open Access Journals (Sweden)

    Akpak Yaşam Kemal

    2016-01-01

    Full Text Available Objective: This study aims to investigate healthcare professionals’ (HCPs general level of knowledge about sexually transmitted diseases, their attitudes towards these patients and legal aspects of medical services. Materials and Methods: This was a multi-centered study. The participants were given 28 questions that mainly asked their level of knowledge on sexually transmitted diseases (STDs patients, their attitudes towards such patients, and their legal as well as ethical views on them. Results: A total of 234 HCPs, 124 (53% female and 110 (47% male, participated in the study. The majority of married HCPs have reported monogamy as the most reliable protection method, whereas single participants have marked "condoms." The most commonly known STD has been reported as AIDS in all groups. Even though HCPs find it medically unethical not to offer a medical intervention to patients with STDs, more than one-third of the participants believe that HCPs should have the right not to do so. Conclusion: It has been concluded that HCPs need further education on STDs. Nevertheless, such high level of care and attention on HCPs’ part does not necessarily decrease their need for proper medico legal regulations on such issues.

  16. Legal and medical aspects of the ethics committee’s work relating to abortion

    Directory of Open Access Journals (Sweden)

    Ponjavić Zoran

    2011-01-01

    Full Text Available This paper analyses the legal and medical aspects of the work of ethics committees on abortion. According to the legislation of the Republic of Serbia, these committees are competent to determine justifiable terms for abortion after the twentieth week of the fetus. It is well known that abortion is not only a medical but a legal, ethic, social and demographic problem as well. A liberal solution in view of abortion in the first trimester has been accepted in most European countries, as by the legislature of the Republic of Serbia. Since prenatal diagnosis cannot always determine the fetus state with certainty but at times may do so at a later stage, abortion is then required when the child is already capable of extrauterine life. The necessity for performing abortion in the third trimester is thus a result of good knowledge of techno-medicine but also from the limited information it provides. In such situations, the physician needs confirmation and justification of his standpoint with respect to abortion through a legal formulation which should contain "minimum moral". Society has found a way to protect and help him through moral and ethic forms of prevention without anybody’s emotions being affected. Ethics committees should thus help the physician in view of determining the terms for performing late abortion, since the rules of doctor’s ethics are not sufficient in this case. The article especially analyses the work of the Ethics Committee of the Clinical Center in Kragujevac in the period 2000-2010. It is stated that the largest number of cases referred to determined diseases or fetus anomalies while only a negligible number (11.29% to the illness of the mother. There were no requests for abortions due to legal reasons (pregnancies from criminal offences. A significant number (40.28% of requests submitted to the Ethics Committee related to pregnancies under the 24th week of pregnancy. Since a pregnancy of 24 weeks represents a boundary

  17. Procedural aspects of healthcare quality control in Latvia and its effect on legal protection of patients

    Directory of Open Access Journals (Sweden)

    Liepins A.

    2018-01-01

    Full Text Available According to the European Commission data, 8–12% of patients cared for in hospitals throughout the European Union have suffered accidents related to the healthcare provided for them. The Directive 2011/24/EU of the European Parliament and Council of 9th March 2011 on the application of patients’ rights in cross-border healthcare provides that the Member States shouldensurethat patients have easily accessible and transparent appeal procedures and mechanisms that provide possibilities for legal remedies in cases of inflicted harm during medical treatment according to regulations of the respective Member State. Healthcare quality control mechanisms are intended for two major purposes: to identify accidents that have occurred during medical treatment and to prevent similar accidents from reoccurring in the future. The aim of this article is to evaluate, firstly, the procedural aspects of healthcare quality control mechanisms in Latvia and, secondly, how healthcare quality control mechanisms have been affected with the implementation of the Directive 2011/24/EU in Latvian legal order, providing for a specific legal remedy – the newly created Medical risk fund. Conclusions are made on the procedural nature of the patients’ right to submit complaints and also the developments in Latvian court practice related to the healthcare quality control. The authors have also analysed regulations related to the Medical risk fund, its influence on the civil liability mechanisms of medical practitioners, as well as the patient’s right to obtainjust compensation for the harm inflicted to his health and the legal nature of opinions of the Health Inspectorate of Latvia.

  18. Legal aspects of public health: difficulties in controlling vector-borne and zoonotic diseases in Brazil.

    Science.gov (United States)

    Mendes, Marcílio S; de Moraes, Josué

    2014-11-01

    In recent years, vector-borne and zoonotic diseases have become a major challenge for public health. Dengue fever and leptospirosis are the most important communicable diseases in Brazil based on their prevalence and the healthy life years lost from disability. The primary strategy for preventing human exposure to these diseases is effective insect and rodent control in and around the home. However, health authorities have difficulties in controlling vector-borne and zoonotic diseases because residents often refuse access to their homes. This study discusses aspects related to the activities performed by Brazilian health authorities to combat vector-borne and zoonotic diseases, particularly difficulties in relation to the legal aspect, which often impede the quick and effective actions of these professionals. How might it be possible to reconcile the need to preserve public health and the rule on the inviolability of the home, especially in the case of abandoned properties or illegal residents and the refusal of residents to allow the health authority access? Do residents have the right to hinder the performance of health workers even in the face of a significant and visible focus of disease transmission? This paper argues that a comprehensive legal plan aimed at the control of invasive vector-borne and zoonotic diseases including synanthropic animals of public health importance should be considered. In addition, this paper aims to bridge the gap between lawyers and public health professionals and to facilitate communication between them. Copyright © 2014 Elsevier B.V. All rights reserved.

  19. Some legal aspects on high level radioactive waste disposal in Japan

    International Nuclear Information System (INIS)

    Tanabe, Tomoyuki

    1997-01-01

    In Japan, it is considered to be an urgent problem to prepare the system for the research and execution of high level radioactive waste disposal. Under what regulation scheme the disposal should be done has not been sufficiently examined. In this research, the examination was carried out on the legal aspects of high level radioactive waste disposal as follows. First, the current legislation on the disposal in Japan was analyzed, and it was made clear that high level radioactive waste disposal has not been stipulated clearly. Next, on the legal choices which are conceivable on the way the legislation for high level radioactive waste disposal should be, from the aspects of applying the law on regulating nuclear reactors and others, applying the law on nuclear power damage reparation, and industrialization by changing the government ordinances, those were arranged in six choices, and the examination was carried out for each choice from the viewpoints of the relation with the base stipulation for waste-burying business, the speciality of high level radioactive waste disposal as compared with other actions of nuclear power business, the coordination with existing nuclear power of nuclear power business, the coordination with existing nuclear power law system and the formation of national consensus. In this research, it was shown that the execution of high level radioactive waste disposal as the business based on the separate legislation is the realistic choice. (K.I.)

  20. Basics of Swiss water levy politics - Legal aspects; Grundlagen Wasserzinspolitik. Rechtliche Ueberlegungen - Schlussbericht

    Energy Technology Data Exchange (ETDEWEB)

    Leimbacher, J.

    2008-10-15

    This comprehensive final report for the Swiss Federal Office of Energy (SFOE) takes a look at the legal aspects involved in setting up the basics for the definition of the interest to be levied on water commodities. This levy is raised in Switzerland on the use of water and represents the payment made to a commune for the use of its water resources. The original aims of the levy, to encourage the use of water resources, are noted. Limits on the height of the levy and the definition and adjustment of the maximum rate by government are discussed. Various legal aspects are examined and the fact that the levy must be economically reasonable and economically acceptable is discussed. Various pragmatic approaches to being able to adjust or index the levy are discussed. The introduction of an additional levy to cover the storage of water is discussed, as is the definition of the part use of the proceeds to provide funding for the high-voltage electricity grid, for example. The history of the levy and various political initiatives are noted and even the abolition of the levy is discussed.

  1. Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

    Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

  2. O exercício legal da medicina em LER/DORT The legal aspects involving repetitive strain injuries (RSI

    Directory of Open Access Journals (Sweden)

    Antonio Techy

    2009-08-01

    Full Text Available No relacionamento entre médico e paciente, além da boa prática da medicina, o médico está obrigado a conhecer e cumprir as leis, normas e convenções que podem garantir direitos a uns e gerar obrigações a outros, com base nas informações criadas e perenizadas em prontuários, atestados e pareceres, que servirão de referência às decisões de entidades públicas ou privadas na concessão ou na recusa de direitos e deveres legais. Apontamos como os médicos devem se comportar em relação aos pacientes e aos aspectos legais dentro desse cenário ocupacional, no sentido de adequar a conduta e prevenir eventuais dissabores, aos quais estamos expostos. Nossa ideia é chamar a atenção para a necessidade da prática médica dentro das normas legais, orientando onde buscar a respectiva informação. O médico não pode estar alheio à evolução da medicina, nem às atualizações permanentes das leis, normas e convenções da região em que atua.In order to have a good patient-physician relationship, besides practicing a fair and updated technical medicine, the physician is obligated to have knowledge of and follow the laws, rules and regulations, which grant specific rights to some and delegate obligations to others. The physician is responsible for writing legal statements based on information from medical records. These declarations will serve as important documents, upon which public or private entities will base their decision on granting rights or delegating obligations. This article stresses the importance of adequate physician decision making capacity when it comes to access the patient's needs within the working environment. It also emphasizes the seriousness of reaching an optimal treatment plan, in order to prevent expected complications. Our objective is to promote the practice of medicine within the current law, giving directions to the reader on where to obtain this information. Physicians have to keep themselves updated not

  3. Direct broadcast satellite-radio market, legal, regulatory, and business considerations

    Science.gov (United States)

    Sood, Des R.

    1991-03-01

    A Direct Broadcast Satellite-Radio (DBS-R) System offers the prospect of delivering high quality audio broadcasts to large audiences at costs lower than or comparable to those incurred using the current means of broadcasting. The maturation of mobile communications technologies, and advances in microelectronics and digital signal processing now make it possible to bring this technology to the marketplace. Heightened consumer interest in improved audio quality coupled with the technological and economic feasibility of meeting this demand via DBS-R make it opportune to start planning for implementation of DBS-R Systems. NASA-Lewis and the Voice of America as part of their on-going efforts to improve the quality of international audio broadcasts, have undertaken a number of tasks to more clearly define the technical, marketing, organizational, legal, and regulatory issues underlying implementation of DBS-R Systems. The results and an assessment is presented of the business considerations underlying the construction, launch, and operation of DBS-R Systems.

  4. Direct broadcast satellite-radio market, legal, regulatory, and business considerations

    Science.gov (United States)

    Sood, Des R.

    1991-01-01

    A Direct Broadcast Satellite-Radio (DBS-R) System offers the prospect of delivering high quality audio broadcasts to large audiences at costs lower than or comparable to those incurred using the current means of broadcasting. The maturation of mobile communications technologies, and advances in microelectronics and digital signal processing now make it possible to bring this technology to the marketplace. Heightened consumer interest in improved audio quality coupled with the technological and economic feasibility of meeting this demand via DBS-R make it opportune to start planning for implementation of DBS-R Systems. NASA-Lewis and the Voice of America as part of their on-going efforts to improve the quality of international audio broadcasts, have undertaken a number of tasks to more clearly define the technical, marketing, organizational, legal, and regulatory issues underlying implementation of DBS-R Systems. The results and an assessment is presented of the business considerations underlying the construction, launch, and operation of DBS-R Systems.

  5. Social and legal aspects of marriage in women with mental illness in India.

    Science.gov (United States)

    Sharma, Indira; Tripathi, C B; Pathak, Abhishek

    2015-07-01

    The institution of marriage in Hindus is regulated by the prevailing social norms and the Hindu Marriage Act (HMA), 1955. Married women with mental illness are heavily discriminated. This paper examines the social and legal aspects of Hindu marriage in women with mental illness. The HMA, 1955 lays down the conditions for a Hindu marriage and also provides matrimonial reliefs: Nullity of marriage, restitution of conjugal rights, judicial separation and divorce. The application of the provisions of HMA in the setting mental illness is difficult and challenging. There is a wide gap between the legislative provisions of HMA, and societal value systems and attitudes towards marriage in Indian society. Societal norms are powerful and often override the legal provisions. The disparities are most glaring in the setting of mental illness in women. This is a reflection of social stigma for mental illness and patriarchal attitude towards women. Concerted efforts are needed to bridge the gap between the legislative provisions of HMA and societal value systems and attitudes toward marriage. Awareness programs regarding the nature and types of mental illness, advances in treatment and information about good outcome of severe mental illness will be helpful. Improvement in moral and religious values will overcome to some extent the negative attitudes and patriarchal mind set toward married women with mental illness.

  6. Personalized Medicine in a New Genomic Era: Ethical and Legal Aspects.

    Science.gov (United States)

    Shoaib, Maria; Rameez, Mansoor Ali Merchant; Hussain, Syed Ather; Madadin, Mohammed; Menezes, Ritesh G

    2017-08-01

    The genome of two completely unrelated individuals is quite similar apart from minor variations called single nucleotide polymorphisms which contribute to the uniqueness of each and every person. These single nucleotide polymorphisms are of great interest clinically as they are useful in figuring out the susceptibility of certain individuals to particular diseases and for recognizing varied responses to pharmacological interventions. This gives rise to the idea of 'personalized medicine' as an exciting new therapeutic science in this genomic era. Personalized medicine suggests a unique treatment strategy based on an individual's genetic make-up. Its key principles revolve around applied pharmaco-genomics, pharmaco-kinetics and pharmaco-proteomics. Herein, the ethical and legal aspects of personalized medicine in a new genomic era are briefly addressed. The ultimate goal is to comprehensively recognize all relevant forms of genetic variation in each individual and be able to interpret this information in a clinically meaningful manner within the ambit of ethical and legal considerations. The authors of this article firmly believe that personalized medicine has the potential to revolutionize the current landscape of medicine as it makes its way into clinical practice.

  7. Vegetable Charcoal and Pyroligneous Acid: Technological, Economical and Legal Aspects of its Production and Commerce

    Directory of Open Access Journals (Sweden)

    Doriana Daroit

    2013-04-01

    Full Text Available The production of vegetable charcoal generates atmospheric emissions, which can be controlled by the instalation of collectors for the condensation of such emissions, forming the pyroligneous acid. The development of collectors for the condensations and characterization of the acid for commerce can contribute with the local sustainable development. This study intends to investigate the technological, economical and legal aspects of the production and commerce of the pyroligneous acid. The chosen method was case study in Presidente Lucena/RS, Brazil, with use of surveys, interviews with producers and responsible government sectors’ representatives. The results indicate that the pyroligneous acid extraction technique is little-known and little used by the producers, that the current market does not absorb the pyroligneous acid offering and the ruling is not relevant.

  8. Political and legal aspects of the nuclear power phaseout in Switzerland

    International Nuclear Information System (INIS)

    Buehlmann, W.

    1991-01-01

    A survey is given of the present political difficulties and related legal aspects. In Switzerland, nuclear energy abandonment was rejected several times in referendums. The fact that proponents and opponents of nuclear energy use counterbalance each other, however, has led to a factual moratorium with the following consequences: Existing nuclear power plant projects are blocked, radioactive waste disposal is delayed, the total revision of the Atomic Energy Act is deferred. The only thing which is not blocked or delayed is electric power consumption. The referendum of 23 September 1990 had the following outcome: The citizens' initiative 'Stop the construction of nuclear power plants (moratorium)' was adopted. The citizens' initiative 'for nuclear energy abandonment' was rejected. The constitutional energy law was adopted. (orig./HSCH) [de

  9. The remote monitoring systems LOVER and RECOVER for international safeguards technical, economic and legal aspects

    International Nuclear Information System (INIS)

    Lauppe, W.D.; Stein, G.; Rezniczek, A.; Stienen, U.

    1983-12-01

    The electronic remote monitoring systems RECOVER and LOVER were developed to comply with the IAEA's tasks concerning international nuclear materials safeguards with the aim of reducing the inspection expenditure and enhancing control effectiveness. The present study on the technical, economic and legal aspects of an application of these systems is intended to show possible implications and provide argumentation aids for discussions on the application of these systems. RECOVER and LOVER offer the possibility of establishing a direct communication path between containment and surveillance system (c/s), instruments at the site of application and a central monitoring station. The demonstration versions of both systems have shown that remote interrogation of data under safeguards-specific boundary conditions (e.g. requirement of tamper safety) will be technically feasible. (orig./HP)

  10. Accidents at work in the health care - legal aspects in Poland.

    Science.gov (United States)

    Szereda, Kamil; Szymańska, Jolanta

    2016-01-01

    An accident at work is a sudden event caused by external circumstances that occurred in relation to work. Referring to the current legislation, the Supreme Court judgments and the opinions contained in publications, the authors discuss the legal aspects of selected accidents: needle stick injuries, cuts with other sharp tools, heart attacks and strokes among health professionals and social workers in Poland. It has been stressed that defining rigid criteria that allow for stating unequivocal work - accidents relationships would be difficult or even impossible. Especially in the case of medical personnel the long-term and negative impact of stress on health is significant, and thus the occurrence of work accidents - heart attack or stroke. © 2016 MEDPRESS.

  11. Formation of ecological and legal science: resource aspect and its integration problems

    Directory of Open Access Journals (Sweden)

    А. П. Гетьман

    2016-04-01

    Full Text Available Problem setting. Social and environmental issues of waste management facing society relatively recently, but showed a tendency to expand and deepen, which in turn caused the necessity of formation of effective policy in this area. Recent research and publications analysis. Some aspects of the present stage of the formation of environmental law and its relationship to nature and resources law, structural and systemic connections was studied by various researchers in the context of environmental policy and legislation analysis, regulation of wildlife relationships, expanding the scope of regulation of resource. In particular, they can mark out V. Andreytsev, A. Getman, M. Krasnova, N. Malisheva and others. However, comprehensive studies of this policy is currently not available. Paper objective. The purpose of the article is a theoretical analysis of the current state of environmental law, the formation of the next stage of development of natural resource relationships, their expansion and transformation into a resource (ecologic and resource in order to adequately respond to the differentiation and complexity of structural and systemic linkages. Paper main body. The development and dynamics of the environmental, natural resources legislation is largely driven by global and European processes and requires constant updating in order to overcome gaps, timely and adequate response to contemporary challenges, changes in value paradigms and so forth. One of these problems is the development of traditional branches of law and directions research that, in turn, raises the question of substantive content, structural and systemic links of these areas of law. Any delay in the establishment of the theoretical and methodological and scientific and legal framework for a new legal phenomena in the framework of ecological and legal science creates the preconditions for the expansion of research not only to them but also in relation to the already well

  12. Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial

    OpenAIRE

    Kohout, David

    2013-01-01

    in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole...

  13. Sex trade, social and legal aspect of the phenomena and the Albanian criminal legislation provisions

    Directory of Open Access Journals (Sweden)

    Aurela Bozo

    2015-01-01

    Full Text Available The purpose of this paper is to analyse the effects of Article 113 of the Albanian Criminal Code on women. This article appears to be gender neutral, but it’s enforcement affects women disproportionately and face them with forms of indirect gender discrimination. Through monitoring of Tirana Judicial District Court’s decisions, with object article 113 of the ACC, “Prostitution”, for a four year period from 2010 through 2013 and interviews with women who have exercised prostitution, there are brought in attention the profiles of the individuals who exercise prostitution and also social aspects of this phenomena. The hypothesis raised in this paper is that the profile of an individual who exercises prostitution is a vulnerable woman, with low education, unemployed, with low income, who is faced with family and social problems. This paper analyses the relation between the social aspects and legal dynamics of article 113 of ACC. The changes of 2012 introduced in the article 113 of the ACC brought sanctions for persons who buy the service of prostitution reflecting the process of social changes and understanding of gender equality. The issue of the next steps to address this phenomenon is analysed in this article too.

  14. The final management of nuclear fuel. Legal and economic aspects; La gestion final del combustible nuclear. Aspectos legales y economicos

    Energy Technology Data Exchange (ETDEWEB)

    Villota, C. de

    2009-07-01

    This article gives a brief summary of the characteristics of spent fuel and the lines of action considered for its management. It describes the legal framework that supports the Radioactive Waste Management Plan (PGRR), which contains the lines applicable to Final Spent Fuel Management, as well as the evolution of this legal framework. The article contains the 2008 updated costs of the various items of the PGRR, with a more detailed description of those related to this type of fuel, as well the source and amount of the financial contributions to the fund for meeting these costs, including how they have evolved over time. finally, it provides some personal reflections on this issue. (Author)

  15. PROBLEM ASPECTS OF FORMATION OF THE LEGAL INSTITUTE OF CONSOLIDATED TAXPAYERS’ GROUPS IN RUSSIA

    Directory of Open Access Journals (Sweden)

    Irina Glazunova

    2017-01-01

    Full Text Available The subject. The article is devoted to the prerequisites of the emergence and essential characteristics of the institution of consolidated taxpayers’ groups in Russia and abroad, revealing of advantages and disadvantages of the legal regulation of the creation and operation of consolidated groups of payers of corporate profits tax, analyzing results and directions of the development of tax consolidation in Russian Federation.The purpose of the article is to identify positive and negative aspects of the functioning of the institution of consolidated taxpayers’ groups in Russia with the establishment of prospects of tax consolidation and the likely directions of its development.The description of the problem field. The development of the world economic system stimulates the emergence of new forms of management, characterized by the enlargement of busi-ness, the pooling of resources of individual enterprises into a single system in order to optimize entrepreneurial activity. These trends are reflected in the development of tax systems of various countries, that is expressed in the formation of institutions of consolidated taxpayers’ groups. Tax consolidation in Russia is a relatively new phenomenon, and it seems necessary to examine this institution from the law enforcement point of view, to evaluate its effectiveness.Methods and methodology. The authors used methods of analysis, synthesis, as well as formal-legal, comparative-legal, historical methods of investigation.Results and the scope of its application. The authors note that the institution of tax consolidation today is presented in the tax systems of most modern countries.The practice of applying the institution of consolidated taxpayers’ groups testifies to the existence of a significant number of advantages and disadvantages of tax consolidation in Russia. The moratorium on the creation of consolidated taxpayers’ groups, due to the contradictory nature of their influence on the

  16. End of life decisions in newborns in The Netherlands : medical and legal aspects of the Groningen protocol

    NARCIS (Netherlands)

    Verhagen, E

    The international press has been full of blood chilling accounts concerning a supposedly new practice in the Netherlands of terminating the life of severely defective newborn babies with a protocol. Our aim is to give insight into the medical and legal aspects of this protocol and to describe its

  17. Analysis of legal and economic aspects of precipitation weather derivatives for Serbian agricultural sector

    Directory of Open Access Journals (Sweden)

    Veselinović Janko

    2014-01-01

    Full Text Available Weather derivatives are not present in Serbia nor in the neighbouring countries and have no significant application in the European Union, either. Weather derivatives originated in the USA, where the market for these instruments is most developed, in terms of both economy and law. However, positive effects of their application, through the decrease of influence of unfavourable weather conditions on agricultural crops, are a good basis for their further study. The most common reasons for their absence from our financial market are their complexity and the inexistence of prerequisites for their introduction. This paper analyses legal and economic aspects of weather derivatives, as forms of financial derivatives, as well as weather derivative contracts concluded with the aim of hedging against precipitation exposure. The goal of the analysis is to find an optimal contract structure, but also the conditions that have to be met in order for its signing to be economically justified for both contractual parties, as well as the creation of preconditions for this weather derivative contract to be the instrument of trade on the financial market. The paper also analyses normative frameworks for the conclusion of these derivative contracts, as well as the necessity to educate market participants, which refers both to agricultural producers and financial institutions. Furthermore, it emphasizes the difference in relation to the classical contract of insurance against drought risk.

  18. Legal aspects of national implementation of the Chemical Weapons Convention transfer provisions

    International Nuclear Information System (INIS)

    1995-01-01

    The author discusses legal aspects of implementing the Chemical Weapons Convention's (CWC's) export and import provisions. These implementing measures are universal, applying not only to the few States Parties that will declare and destroy chemical weapons, but also to the many States Parties that have never had a chemical weapons program. This new need for national measures to implement multilateral arms control agreements has generated unease due to a perception that implementation may be burdensome and at odds with national law. In 1993, concerns arose that the complexity of integrating the treaty with national law would cause each nation to effectuate the Convention without regard to what other nations were doing, thereby engendering significant disparities in implementation steps among States Parties. As a result, the author and his colleagues prepared the Manual for National Implementation of the Chemical Weapons Convention. The Manual tries to increase understanding of the Convention by identifying its obligations and suggesting methods of meeting them. Here the author discusses progress among several States in actually developing implementing measures for the Convention's transfer requirements. CWC legislation from australia, Germany, Norway, South Africa, and Sweden were available at this writing in English through the Provisional Technical Secretariat. Of course, it is important to note that this brief survey necessarily omitted examination of the existing background of other, related domestic laws that these signatories might also have adopted that affect CWC implementation

  19. Legal and ethical aspects of organ donation after euthanasia in Belgium and the Netherlands.

    Science.gov (United States)

    Bollen, Jan; Ten Hoopen, Rankie; Ysebaert, Dirk; van Mook, Walther; van Heurn, Ernst

    2016-08-01

    Organ donation after euthanasia has been performed more than 40 times in Belgium and the Netherlands together. Preliminary results of procedures that have been performed until now demonstrate that this leads to good medical results in the recipient of the organs. Several legal aspects could be changed to further facilitate the combination of organ donation and euthanasia. On the ethical side, several controversies remain, giving rise to an ongoing, but necessary and useful debate. Further experiences will clarify whether both procedures should be strictly separated and whether the dead donor rule should be strictly applied. Opinions still differ on whether the patient's physician should address the possibility of organ donation after euthanasia, which laws should be adapted and which preparatory acts should be performed. These and other procedural issues potentially conflict with the patient's request for organ donation or the circumstances in which euthanasia (without subsequent organ donation) traditionally occurs. 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/

  20. Post-2012 climate change agreement - Fitting commitments by cities. Political, economic, technical and legal aspects

    International Nuclear Information System (INIS)

    Lefevre, B.; Wemaere, M.

    2009-01-01

    There is a growing awareness of the crucial role that urban territories must and can play in reducing greenhouse gas emissions, along with a growing power of a lobby dedicated to supporting the voices of urban territories vis-a-vis national states. The local level of organization and policy is relevant for two main reasons: density and spatial organization are key factors that influence energy consumption in transport and building; some of the major potentials for emission abatement need local coordination to overcome transaction costs. 'Engage, Empower and Resource': this formula, forged during the C40 Seoul Summit (May 2009), calls for clear and quantified commitments with a timetable for delivery; additional power and competencies for cities to increase their capacity to act; and substantial financial resources. Road-Map: This paper identifies key elements that need to be taken into account when developing a road-map that seeks empowerment of local governments in the UN post-2012 framework. It explores political, economic, technical and legal aspects, along with respective main issues to be addressed. (authors)

  1. Geometric Aspects of Ground Augmentation of Satellite Networks for the Needs of Deformation Monitoring

    Science.gov (United States)

    Protaziuk, Elżbieta

    2016-06-01

    Satellite measurements become competitive in many tasks of engineering surveys, however, in many requiring applications possibilities to apply such solutions are still limited. The possibility to widely apply satellite technologies for displacements measurements is related with new challenges; the most important of them relate to increasing requirements concerning the accuracy, reliability and continuity of results of position determination. One of the solutions is a ground augmentation of satellite network, which intention is to improve precision of positioning, ensure comparable accuracy of coordinates and reduce precision fluctuations over time. The need for augmentation of GNSS is particularly significant in situations: where the visibility of satellites is poor because of terrain obstacles, when the determined position is not precise enough or a satellites constellation does not allow for reliable positioning. Ground based source/sources of satellite signal placed at a ground, called pseudosatellites, or pseudolites were intensively investigated during the last two decades and finally were developed into groundbased, time-synchronized transceivers, that can transmit and receive a proprietary positioning signal. The paper presents geometric aspects of the ground based augmentation of the satellite networks using various quality measures of positioning geometry, which depends on access to the constellation of satellites and the conditions of the observation environment. The issue of minimizing these measures is the key problem that allows to obtain the position with high accuracy. For this purpose, the use of an error ellipsoid is proposed and compared with an error ellipse. The paper also describes the results of preliminary accuracy analysis obtained at test area and a comparison of various measures of the quality of positioning geometry.

  2. Aspectos legales relacionados con las úlceras por presión Legal aspects related to pressure ulcers

    Directory of Open Access Journals (Sweden)

    J. Javier Soldevilla Agreda

    2006-12-01

    Full Text Available En los últimos años en España se está produciendo un significativo aumento en el cuestionamiento sobre muchos resultados de las actuaciones sanitarias. En ese largo proceso que busca desterrar las úlceras por presión (UPP, como proceso banal y especialmente inevitable, por inherente a la edad avanzada, situaciones de terminalidad o inmovilidad del paciente, comienza a divisarse el despertar de reacciones, reclamaciones y denuncias por parte de los usuarios y sus familiares ante la falta de prevención o un tratamiento inadecuado, como desde hace años viene sucediendo en otros países de nuestro entorno cultural y económico. La revisión del impacto y tratamiento legal del problema de las UPP en los países de nuestro entorno (Reino Unido, EE.UU., Alemania, etc., desde el derecho penal, el derecho civil o mediante procedimientos disciplinarios ha propiciado cambios muy notorios en el comportamiento de profesionales, instituciones y ciudadanía con respecto a este tema. Con un propósito enteramente didáctico, se dibuja la configuración legal de la actividad sanitaria en nuestro país y los tipos de responsabilidad y vías de reclamación judicial aplicables a los procesos que nos ocupan, incluyendo algunas consideraciones específicas tales como: las UPP como biomarcadores de maltrato o abuso en ancianos, los protocolos para la prevención y tratamiento de las UPP como responsabilidad del centro, la responsabilidad por falta de material adecuado para la prevención y el tratamiento de las UPP, el consentimiento informado antes de la aplicación de una técnica, la historia clínica y registros específicos para UPP incluido el fotográfico, las UPP como causa de ingreso hospitalario y altas hospitalarias a pacientes con UPP. Por su actualidad se analiza el tema de la prescripción enfermera en el ámbito del cuidado de las úlceras por presión y otras heridas crónicas como práctica "arraigada, consentida, aplaudida y practicada desde

  3. Dying to starve: A comparative analysis of legal aspects relating to ...

    African Journals Online (AJOL)

    The authors explore the legal complexities surrounding the force-feeding of anorexic patients. Due to the myriad of difficulties relating to anorexia nervosa, treatment is intricate. The aim of this exposition is to clarify legal issues of consent and self-determination, with regard to both adult and minor patients. In addition, the ...

  4. [Epidemioclinical and legal aspects and cost management of sexual abuse among minors in Dakar, Senegal].

    Science.gov (United States)

    Cisse, C T; Niang, M M; Sy, A K; Faye, E H O; Moreau, J-C

    2015-11-01

    Specify epidemioclinical and legal aspects of sexual abuse among minors and evaluate the cost of care in Dakar. This is a retrospective multicenter cross-sectional study on sexual abuse among minors over a period of four years from 1st January 2006 to 31st December 2009. Four maternities were targeted: the Social Hygiene Institute of Medina, health center Roi-Baudouin Guédiawaye, the Pikine hospital and health center Youssou-Mbargane-Diop of Rufisque. During the study period, 252 child victims of sexual abuse were supported at four health facilities on a total of 272 sexual abuses of all ages, a frequency of 92.64%. The epidemiological profile of our patients was a child of 11 years old on average, female (100%) and living in the suburbs of Dakar (68.1%). Children were often abused during working hours (31.7%), outside the family environment and often by someone known to the victim (72.6%). Genito-genital contact was the most common mode of sexual contact (80.9%) with vaginal penetration in 61% of cases. Almost all of the victims (92.1%) came to consult, accompanied by their parents, between the 1st and 4th day after the sexual abuse (70%). The examination usually revealed a hymenal trauma (59.9%) of which nearly half (49%) consisted of old lesions. 56.9% of victims had a post-traumatic stress disorder and 31.1%, mutism. We recorded six (6) pregnancies, 2% of our sample. A case of HIV infection was recorded on a sample taken 72hours after sexual abuse. Control of three months HIV serology was requested in 7.1% of cases and only 20% of children had received antiretroviral prophylaxis. Antibiotic prophylaxis had been performed in 13.7% of cases using doxycycline as drug of choice (75%). Only 29% of our patients had received emergency contraception progestin and psychological care concerned only 22% of children. On the legal aspects, 46% of our patients had filed a complaint. Prosecutions were 38%, 45% of which were convicted and 21% were acquitted. The rate of

  5. Euthanasia and assisted suicide: comparison of legal aspects in Switzerland and other countries.

    Science.gov (United States)

    Burkhardt, S; La Harpe, R; Harding, T W; Sobel, J

    2006-10-01

    The purpose of this paper is to present the legal aspects associated with assisted suicide in Switzerland and compare them with those in other countries. Like euthanasia, assisted suicide is a subject that induces much discussion in many countries. While the law is very liberal in some countries, such as Belgium and the Netherlands (where both euthanasia and assisted suicide take place), these practices are very controversial in other countries, such as France, where they remain taboo subjects. In the United States of America, the laws concerning assisted suicide can differ greatly from one state to another. For example, in Oregon, assisted suicide is allowed if applied by a medical doctor; in others, this act is illegal. In Canada, it is punishable according to the Criminal Code. In Switzerland euthanasia is punishable by law. However, the penal code does not condemn assisted suicide, whether carried out by a medical doctor or another person, provided it is not carried out through selfish motives. The application of these practices has become simplified in recent years and societies for the right to die with dignity based on this principle have come into being (Exit and Dignitas). In the French- and German-speaking parts of Switzerland the association Exit assists individuals living in Switzerland with serious progressive and incurable disease in their engagement to end their life. The association Dignitas, in the German-speaking part of Switzerland, also undertakes--in the same circumstances--to assist individuals coming from foreign countries. Dignitas welcomes several such individuals every year, especially from Germany, where a similar approach does not currently exist.

  6. LEGAL ASPECTS OF A MANAGEMENT OF INFRASTRUCTURE PUBLIC INVESTMENTS IN REGIONS. DILEMMAS OF THE SOCIO-ECONOMIC DEVELOPMENT

    Directory of Open Access Journals (Sweden)

    Eryk Kosiński

    2014-09-01

    Full Text Available This article provides for an analysis of legal aspects of certain particular investment processes within technical infrastructure in the Polish regions (voivodeships, but in the counties and communes as well. Those mentioned investments are undertaken in the areas of roads, railroads, airports and telecommunication. The impact of the investments is crucial in terms of the socio-economic development of the modern state and society. All dilemmas in terms of the mentioned investments’ management are related to legal regulations imposed by the state. It is noteworthy that those special regulations are aimed at organising the investment process in an efficient and adequately speedy way. Those regulations provide for a broad legal environment of business within the infrastructure investments. All of those regulations are necessary in order to push the continuous progress of the Polish regions targeting at reacting the level of socio-economic development of the so-called western countries (old, early members of the EU.

  7. Aspectos ético legales del trasplante de corazón Ethical and legal aspects of heart transplant

    Directory of Open Access Journals (Sweden)

    Fernán del C Mendoza

    2007-12-01

    Full Text Available El trasplante cardiaco constituye el tratamiento de elección para los pacientes en falla cardiaca refractaria. Desde el punto de vista médico, existen claras indicaciones para realizar el trasplante, pero a nivel local y mundial hay problemas por el escaso número de donantes. Para que se realice un trasplante de corazón, el donante debe reunir criterios de muerte encefálica, la cual se diagnostica por ausencia irreversible de las funciones del tallo encefálico, determinadas por un examen clínico. A pesar de las controversias que existen acerca de cuándo muere una persona, cada vez hay más claridad en este hecho. Existen otros problemas bioéticos que se relacionan con el trasplante como la donación (algunas personas en vida manifiestan su voluntad y autonomía de servir como donantes y otras no, la distribución de órganos y el comercio de órganos y tejidos. Desde el punto de vista legal y ético, se prohíbe la gratificación o pago al donante vivo, a la familia del donante fallecido, al banco de tejidos o de médula ósea, a las clínicas y hospitales, y a las aseguradoras por la donación o suministro de órganos o tejidos humanos. La promoción de la donación y la obtención de componentes anatómicos deberán efectuarse denotando su carácter voluntario, altruista y desinteresado. Debe primar el principio de justicia y excluirse cualquier consideración no equitativa de índole geográfica, racial, sexual, religiosa, etc. Los órganos deben distribuirse con base en criterios médicos; así mismo debe buscarse la más idónea utilización del órgano donado, teniendo como fundamento el manejo equitativo y como principio el respeto por la vida y la dignidad humana.Cardiac transplant is the treatment of choice for patients with refractory cardiac failure. There are clear indications from the medical point of view to perform the transplant, but locally and world - wide there are problems due to the scarce number of donors. In order

  8. Legal aspects of Blockchain`s technology applicability for registration of intellectual rights

    Directory of Open Access Journals (Sweden)

    Novoselova Lyudmila

    2018-01-01

    Full Text Available This article describes systems of accounting for the results of creative work, reveals possibilities for Blockchain`s technology applicability for providing information about the protected results of intellectual activity and their inclusion in the turnover (commercialization. Legal mechanisms play an important role for successful implementation of the opportunities which form the basis of this technology. It also requires addressing the unjustified legal obstacles for applicability of the technology and, at the same time, deciding which includes the technology into established legal mechanisms. Authors analyze the main issues which may arise when including the results of intellectual activity into accounting systems based on Blockchain technologies.

  9. Legal aspects of biobanking as key issues for personalized medicine & translational exploitation

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    the legal framework for biobanking and in particular for the challenges posed by PM. We conclude that any decisions as to the design of the regulatory environment should follow a process that takes account of the values, hopes and concerns of all stakeholders involved. In particular, we stress...... how the legal and ethical challenges might be dealt with analytically and in a practical way that reflects the concerns and interest of stakeholders in biobanking and results in a transparent, legally and ethically robust system. In our closing remarks we make recommendations on how to improve...

  10. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1991-01-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor) the author examines the legal aspects of public participation in the administrative procedures of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. (orig./HP) [de

  11. Public Administration Theoretical Aspects Disputes in Legal Science of the Second Half of XX – Early XXI Centuries

    OpenAIRE

    Ol'ga D. Karnaukh

    2013-01-01

    The article is focused on comparative aspect of different approaches to the “public administration” notion in the legal science of the second half of the XX – early XXI centuries. The author came to a conclusion that the study of many pre-revolutionary, Soviet and modern scientists’ views of the problem of public administration notion definition, its structure, functional orientation and territory administration features allows to conclude that different approaches to its understanding, devel...

  12. Evaluation of legal aspects of activities involving radiations: proposal for a new legislation

    International Nuclear Information System (INIS)

    Borges, Jose C.

    1997-01-01

    The present brazilian legislation status concerning activities in which occurs or may occur any exposure to ionizing radiations, involves several incoherencies and privileges, as a consequence of legal rights generated from labor principles which have no social or scientific base. In this study, several legal labor topics are analysed and a new doctrine context is proposed, based mainly on a equal treatment for all insalubrious and dangerous activities done by workers of both private and public sectors (author). 8 refs

  13. Key formal and legal aspects of acquiring radiopharmaceuticals used in nuclear medicine departments

    International Nuclear Information System (INIS)

    Kapuscinski, J.

    2007-01-01

    The article presents the key both Polish and EU legal regulation concerning terms and conditions of acquiring radiopharmaceuticals, i.e. isotope labelled compounds used for diagnostic and/ therapeutic purposes in nuclear medicine departments. The emphasis was put on the requirements regarding provision of the medicaments' safety in broad meaning of the term, which are important factors in providing patients' safety. Legal acts discussed in the article remain valid as of May 2007. (author)

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

    Directory of Open Access Journals (Sweden)

    Elena Isac

    2010-09-01

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

  15. Satellite combined heat and power plants and their legal autonomy; Satelliten-BHKW und deren rechtliche Eigenstaendigkeit

    Energy Technology Data Exchange (ETDEWEB)

    Loibl, Helmut [Kanzlei Paluka Sobola Loibl und Partner, Regensburg (Germany). Abt. Erneuerbare Energien

    2014-04-15

    Since the landmark decision by the German Court of Justice concerning the term ''plant'' in the context of biogas plants it should be clear beyond doubt that satellite combined heat and power plants (CHPs) are legally autonomous plants pursuant to Para. 3 No. 1 of the Renewable Energy Law (EEG). What has yet to be finally resolved are the conditions under which satellite CHPs are to be regarded as autonomous. This will be a question of distance on the one hand and of operation autonomy on the other. In the individual case both these factors will have to be assessed from the perspective of an average objective, informed citizen. To the extent that its heat and electricity are being utilised in a meaningful manner, the plant's autonomy will be beyond doubt, at least in operational terms. Regarding the remuneration to be paid for satellite CHPs the only case requiring special consideration is when a CHP falls under the EEG of 2012. In this case Para. 1 Section 1 Sentence 2 EEG provides that the remuneration for the CHP in question is to be calculated as if there was a single overall plant. To the extent that none of the CHPs fall under the EEG of 2012, the ruling remains that there is a separate entitlement to remuneration for each satellite CHP. This also holds in cases where satellite CHPs that were commissioned after 1 January 2012 are relocated. When a satellite CHP is replaced by a new one, the rate and duration of remuneration remain unchanged. However, when a new satellite CHP is added to an existing satellite CHP via a gas collector line it is to be treated according to the decisions of the Federal Court of Justice concerning biogas plant extensions: It falls under the law that applies to the existing CHP and has an entitlement to a new minimum remuneration period, albeit subject to the degression rate provided by the EEG version in question.

  16. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1992-02-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor), the author examines the legal aspects of public participation in the administrative procedure of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. This is reflected also in studies of the legal functions of public participation, according to which the lawfulness of procedures is observed without, however, the legitimacy of the project being achieved. (orig./HP) [de

  17. International and European legal aspects on underground geological storage of CO2

    International Nuclear Information System (INIS)

    Wall, C.; Olvstam, M.-L.; Bernstone, C.

    2005-01-01

    The often disconnected international and European legal rules regarding carbon dioxide (CO 2 ) storage in geological formations create legal uncertainty and a slow down in investments. Existing rules for waste dumping, such as the OSPAR and London Conventions implies that CO 2 storage in sub seabed geological formations is not permitted for climate change mitigating purposes. This paper emphasized that even in cases when complete certainty about the exact application of a legal rule is not possible, it is necessary to know if an activity is lawful. It also emphasized that CO 2 storage should be a priority in the international agenda. The current gaps in knowledge concerning the relevant international and European legislation directly related to CO 2 storage were identified in this paper, including long-term liability for risk of damages caused during the injection phase of the well. The current relevant legislation that is not directly concerned with CO 2 storage but which might have an impact on future legislation was also discussed along with relevant legal principles that might influence future legislation. Some of the many ongoing projects concerning CO 2 storage were reviewed along with papers and reports on regulating CO 2 storage. It was concluded that if CO 2 capture and storage is going to be a large-scale concept for mitigating climate change, the legal issues and requirements need to be an area of priority. 16 refs

  18. System architecture and market aspects of an European Land Mobile Satellite System via EMS

    Science.gov (United States)

    Ananasso, F.; Mistretta, I.

    1992-03-01

    The paper describes an implementation scenario of a Land Mobile Satellite System via the EMS (European Mobile System) payload embarked on Italsat F-2. Some emphasis is given on market issues aiming at singling out business niches of Land Mobile Satellite Services (LMSS) in Europe. Other crucial issues exist such as: the alternate/competitive systems, the problems of interworking with other existing and/or planned systems, the definition of network architecture that better fits the user requirements, the marketing strategy and, last but not least, the financial evaluation of the project. The paper, on the basis of a study performed by Telespazio on behalf of ESA, discusses some of these issues with emphasis on competitive market aspects.

  19. The legal and ethical aspects of the right to health of migrants in Switzerland.

    Science.gov (United States)

    Marks-Sultan, Géraldine; Kurt, Stefanie; Leyvraz, Didier; Sprumont, Dominique

    The right to health of migrant populations, whether they are foreign nationals, foreign workers, tourists, asylum seekers or refugees, is enshrined in international human rights treaties. The effectiveness of the implementation of this fundamental right thus lies in national legal frameworks. In spite of its long humanitarian tradition, Switzerland has a strict migration policy, and while it has established a non-discriminatory legal framework for the protection and promotion of the right to health, its laws and regulations sometimes codify differences in treatment between foreign nationals and Swiss residents based on distinct situations. On the basis of shared responsibilities between the Federal State and the 26 cantons, this article describes the Swiss legal and regulatory approach to the right to health, the ways it is currently implemented and the possible vectors for an improved integration of migrants into the health system.

  20. [Legal and sanitary aspects conditioning access to medicines in Brazilian courts].

    Science.gov (United States)

    Pandolfo, Mércia; Delduque, Maria Célia; Amaral, Rita Goreti

    2012-01-01

    The search for having access to health care and medicines right granted through Judicial Courts has increased in Brazil. What has been nominated "health judicialization" is a multidimensional phenomenon, a need for dealing with it in a multidisciplinary way involving legal-judicial, political-institutional and sanitary approaches has raised. The Health is recognized as a fundamental human right in the Brazilian Constitution giving it a different legal protection under the legal-constitutional order and the country guarantees the right to health are not only the Constitution and the law strictly, but mainly in an normative infralegal arc that define the goals and outcomes to be achieved by public policy. The lawsuits by drugs may be a reflection of the difficulty of access to health services, to empty and downgrading of health care. Therefore, this turns out to affect the judicialization of pharmaceutical care in Brazil.

  1. Legal, administrative and financial aspects of long term management of radioactive waste

    International Nuclear Information System (INIS)

    Strohl, Pierre.

    1978-01-01

    Radioactive waste management raises technical, political and legal problems. The technical question covers mainly choice of the method and the location for waste disposal or storage: seabed, geologic formations or a disposal facility. The political problem is mainly acceptability by the public of decisions taken or planned by the competent authority. Finally, the legal frame is an important factor in the definition of long-term control. The institutional system to be created requires political consensus and an efficient and credible technique so as to be successful. (NEA) [fr

  2. Satellites

    International Nuclear Information System (INIS)

    Burns, J.A.; Matthews, M.S.

    1986-01-01

    The present work is based on a conference: Natural Satellites, Colloquium 77 of the IAU, held at Cornell University from July 5 to 9, 1983. Attention is given to the background and origins of satellites, protosatellite swarms, the tectonics of icy satellites, the physical characteristics of satellite surfaces, and the interactions of planetary magnetospheres with icy satellite surfaces. Other topics include the surface composition of natural satellites, the cratering of planetary satellites, the moon, Io, and Europa. Consideration is also given to Ganymede and Callisto, the satellites of Saturn, small satellites, satellites of Uranus and Neptune, and the Pluto-Charon system

  3. Legal, administrative and financial aspects concerning the implementation of biomass thermoelectric power plants; Esquema legal-administrativo-financeiro da implantacao de usinas termoeletricas baseadas na biomassa (Dendroeletricas)

    Energy Technology Data Exchange (ETDEWEB)

    Pinatti, D G [Fundacao de Tecnologia Industrial (FTI), Lorena, SP (Brazil); [Universidade Estadual de Campinas, SP (Brazil). Inst. de Fisica; Fernandes Filho, G E.F. [UNESP, Guaratingueta, SP (Brazil). Faculdade de Engenharia

    1991-12-31

    The new technologies in forestry, biomass processing and electrical generation through MHD, gas turbine, and steam turbine allows the implantation of agricultural and industrial conglomerates working in the scheme of cogeneration of electrical energy, vapor, chemical products, animal food and other products. The present work starts with the present cogeneration rules and analysis legal, administrative and financing aspects for the formation of industrial conglomerates in four levels: forestry companies (forestry and biomass residue); biomass processing companies (cellulignin and products from hemicellulosis hydro lysate); utility companies (electric energy, vapor, gases, water, etc.); and a consumer companies. Although it is possible that the conglomerate be operated by only one group it is shown that the nature of the enterprise points to the direction of a multi proprietary conglomerate of several incorporated companies. 3 refs

  4. Selected aspects of proposed new EU general data protection legal framework and the Croatian perspective

    Directory of Open Access Journals (Sweden)

    Nina GUMZEJ

    2013-12-01

    Full Text Available Proposed new EU general data protection legal framework profoundly affects a large number of day-to-day business operations of organizations processing personal data and calls for significant effort on their part toward the necessary legal-regulatory compliance. In this paper the author examines key legislative developments towards this new EU frame and impact for the Republic of Croatia as the youngest EU Member State. Following introductory overview, legal analysis of draft EU General Data Protection Regulation as proposed by the European Commission and recently adopted amendments by the European Parliament mainly focuses on selected solutions impacting national data protection supervisory authorities. This is complemented with examination of relevant sources of EU law, including the case law of the Court of Justice of the European Union. Assessment of results of this research is next made with respect to prospects of the data protection legal framework of the Republic of Croatia. The paper is concluded with the author’s critical overview of analyzed EU proposals impacting national data protection supervisory authorities in light of EU pivotal goals, and de lege ferenda proposals to timely address identified obstacles towards more adequate enforcement of data protection legislation in Croatia.

  5. Сontemporary forms of protection of the constitution: comparative legal aspects

    Directory of Open Access Journals (Sweden)

    Д. П. Таран

    2015-11-01

    Full Text Available Systematic analysis of protection forms of the constitution allows to identify legal tools that can be applied in order to prevent encroachments on the constitutional values or in the commission of such an offense or to identify the real threat. Up to now there is no a single approach to understanding of protection of the constitution, its relationship with the protection, system of its forms and so on. There remain unclear regularities that have their influence on different protection forms of the constitution in foreign countries as well as the consistency and adequacy of the use of such forms in Ukraine. Recent research and publications analysis. Scientists name various forms of protection of the constitution. Approaches of scientists that give their lists differ very much. Hence there is no necessity in talking about some constant regarding this matter. Some aspects of the issue that is related to the system of protection forms of the constitution found their reflection in the works of local and foreign scientists such as Y.G. Barabash, M.V. Vitruk, I.V. Koreyba, K.O. Pavshuk, P.B. Stetsyuk, K. Hesse, T. Y. Habriyeva, V.E. Chyrkin and others. Paper objective. The objectives of the paper are: clarification of the nature of the protection of the constitution and what means or what forms and what subjects it should be implemented by; the comparison of the experience of foreign countries regarding the issue and determination of the reasons for which different countries use different protection forms of the constitutions; expression of suggestions regarding legislation improvement in regards to specific protection forms of the Constitution of Ukraine. Paper main body. Countries with established democracy traditionally use a smaller set of protection forms of the constitution and the concept of "protection of the constitution" itself is almost not applied. The opposite approach is inherent to countries emerging from totalitarian and authoritarian

  6. Legal and economic aspects of contracts of insurance of crops and yields against drought

    Directory of Open Access Journals (Sweden)

    Veselinović Janko P.

    2016-01-01

    Full Text Available The contract of insurance of crops and yields against drought is based on the risk of decrease of precipitation in comparison with an earlier relevant period. The authors analysed the specificities of the case of draught risk, but also other regulations characteristic of this contractual relationship, both from the economic and the legal point of view. The paper also treats the position of contractual parties in this contractual relationship, partly arising from the monopolising position of the insuring organisation. That part also analyses the contract freedom that is endangered due to unequal positions of contractual parties. Special attention is paid to legal sources, especially the general and special conditions of insurance organisations, seeing as they are the main source of law, as there is a lack of legal regulation of this field. The number of Serbian insurance organisations that offer this type of insurance is extremely low, as well as the percentage of insurance against this risk. The authors analyse the reasons for which this type of insurance is underdeveloped in Serbia, as well as the consequences of such a state to a safe agricultural production. The paper also covers the topic of the role of legislators and the state in general, in terms of regulation of certain elements of this contractual relation, but also in terms of state incentives that would contribute to a higher percentage of insured agricultural areas. This would reduce the uncertainty and the damage suffered by agricultural producers due to increasing weather fluctuations. Taking into account the inadequate legal and economic tradition, education in this field would represent a significant contribution to the development of this kind of insurance. The authors analyse the difference between the contracts of insurance of crops and yields against drought and the weather derivative contracts, which can be traded on the stock market.

  7. Public administration of processes for supporting of inner ecology safety in Ukraine: organizational and legal aspect

    Directory of Open Access Journals (Sweden)

    Y. О. Romanenko

    2016-03-01

    Full Text Available The paper studied the legal framework that regulates social relations in the field of internal environmental safety and provides a unified state policy and the exercise of powers by the authorities at all levels. Thus, in the legal field there are the gaps on many issues that are important in solving the tasks, including the powers and responsibilities of the various subjects of law in an extreme situation, as well as management and leadership of emergency rescue activity and other urgent works in disaster areas. It is established that to increase the state’s role in protecting the population from emergency situations of natural character, it is necessary to achieve a qualitative change in the legal status of government, the formation of relevant legislation and conduct regulation. In general, the process of regulation in addressing the problems of population protection from emergency situations of different nature must be carry out through the systematization of the national, regional and local levels regulations that are relevant to the issues of prevention and liquidation of emergency situations; also we must eliminate inconsistencies in current legislation and coordinate the national legislation with international. Based on analysis of existing and unresolved problems of internal environmental safety it is necessity to implement new mechanisms of state influence to prevent environmental degradation, the use of methods and means of protecting the population from current anthropogenic influences; reorganization of the territory, defining the boundaries of zones of sanitary, medical and sanitary survey of the population; ensuring internal environmental safety is realized with the help of legal, operational and rescue, functional and territorial public administration practices; the use of multi-state management controls that are able to simultaneously influence the situation in the sphere of nature.

  8. Legal aspects of new electrical sector law; Aspectos juridicos de la nueva ley del sector electrico

    Energy Technology Data Exchange (ETDEWEB)

    Serra Peris, J.M.

    1998-12-01

    The Electricity Industry Act dated on November 27th 1997 is a milestone of the liberalization process in the basic sectors of the Spanish economy. Concealing the principles of free competition, freedom of establishment and deregulation with the public interest, inherent to this essential service, is the great challenge of rule. The article also analyzes the legal evolution of the electricity industry in either our country or other around it. (Author)

  9. Regulatory Impact Assessment (RIA and Rationality of Law – Legal Aspects

    Directory of Open Access Journals (Sweden)

    Jan Chmielewski

    2015-06-01

    Full Text Available Purpose: The fundamental aim of this article is to verify an assumption according to which the proper Regulatory Impact Assessment (RIA is a key factor in the rationality of law. Rational law is a law which is effective and able to realize and achieve social, economic and environmental aims determined and established by the lawmaker. Methodology: The scope of this paper – which determines its structure – encompasses the definition of RIA, including its specific (but non-legal forms such as benchmarking and evaluation. As far as we are concerned, these methods can provide – as a kind of Regulatory Impact Assessment a significant tool for measuring the rationality of regulations. Furthermore, the usefulness of benchmarking and evaluation has been recognised by representatives of jurisprudence. We will also explain the concept and the assumptions of the rationality of law on the grounds and in the light of the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. This should allow to countercheck the main thesis of this paper. The methodology encompasses primary legal methods such as literature, case law and legislation analysis. Findings: An indispensable condition of the rationality of law is actual elimination of irrational regulations which were not subjected to the Regulatory Impact Assessment. Practical implications: Although RIA is a problematic issue (in terms of its practical application,it is necessary to carry it out in order to assure the rationality of law. A good and desirable complement to Regulatory Impact Assessment are non-legal methods such as benchmarking and evaluation. Originality: Originality and value of this survey lies in taking into account the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. Additionally, this paper is original in that it considers non-legal methods in the examination of the rationality of law.

  10. Legal Aspects of Regulating Lobbying in the United States of America and Canada

    Directory of Open Access Journals (Sweden)

    Elena A. Kremyanskaya

    2014-01-01

    Full Text Available The author reviews history and peculiarities of the legal regulations of lobbying in USA and Canada, points out the tendencies of the legislation development. USA and Canada are among the first countries, which included legal regulations on the lobbying relations in the state government. The author explores the evolution of development of the lobbying legislation in the USA, and in particular reviews the Foreign Agents Registration Act of 1938, Federal Regulation of Lobbying Act of 1976, Lobbying Disclosure Act of 1995, as well as evolution of the Canadian legislation, where the Act on Lobbying of 1989 is in force, which had substantial changes during the last ten years. Taking into consideration the territorial form of state, the author reviews not only the federal legislation, but also laws on the level of states and provinces of these federations. Besides, the author covers the activity of the control bodies, order of registration and reporting by lobbyists of their professional activity, reveals pro and cons of the legal regulations of such institution as lobbying. In the article there is the list of information, which should be provided by lobbyists to the control bodies and the author correctly mentions that this list in USA is much wider, comparing to Canadian regulations. In the article the author reviews the liability for violations of lobbying legislation. In particular, in the USA the criminal liability is applied up to 5 years of imprisonment and financial penalties up to 200 thousand US dollars. Based on the USA and Canada experience the author reveals the key issues, which should be fixed by the legal regulations in the country and in particular: the clear definition of the lobbying and lobbyist, necessity of disclosure on the information about client and amounts paid, fixing in the control mechanisms and liability.

  11. Legal aspects of unitization: a comparative approach; Aspectos juridicos da unitizacao: uma abordagem comparativa

    Energy Technology Data Exchange (ETDEWEB)

    Cunha, Amanda L. [PETROBRAS S.A., Rio de Janeiro, RJ (Brazil)

    2004-07-01

    The objective of this paper is the study of unitization under a comparative approach between the legal system of some of the most important countries in mature production of oil and gas as well of those which represent the new frontier in exploration and production of these natural resources, and also the provisions regarding unitization in the Brazil's legal system. Firstly, concepts and classifications about unitization, the historical context related to it, and the different doctrines regarding unitization will be analyzed. This analysis will be done considering the concepts developed by American jurisprudence, since it was in the United States where the first thesis regarding unitization were developed, such as the rule of capture and the correlative rights doctrines. Afterwards, it will be presented a study of some unitization's provisions found in different countries' statutes, regulations and contracts such as leases, production sharing agreements, concession contracts etc., being pointed the similarities and differences related to Brazil's legal system. Finally, the national legislation in force as well the Model Concession Contract of ANP's Sixth Round will be analyzed. (author)

  12. Medico-legal aspects of congenital heart diseases in buying and selling of pets

    Directory of Open Access Journals (Sweden)

    Annamaria Passantino

    2017-01-01

    Full Text Available Aim: The veterinarian should be able to assess congenital and inherited malformations such as heart defects because they may be object of legal disputes. In this study, the authors report some cases of congenital heart defects in pets (dogs and cats to clarify whether or not they may be considered a redhibitory defect. Materials and Methods: A total of 28 medical records of pets referred with suspected congenital heart disease were examined. All patients aged between 3 and 24 months underwent clinical examination, chest X-ray examination, electrocardiogram, and echocardiography and angiocardiography when necessary. Results: Congenital heart diseases or associated cardiac malformations were confirmed. Considering the above congenital diseases as redhibitory defect and the rights of the owners from a strictly legal viewpoint, 9 owners demanded an estimatory action and 11 a redhibitory action; 1 owner decided to demand the reimbursement of veterinary expenses because the animal died; 7 owners took no legal action but requested surgical intervention. Conclusions: Until more appropriate and detailed legislation on the buying and selling of pet animals is put in place; the authors propose to include in the contract a temporal extension of the guarantee relating to congenital heart disease, which can often become evident later.

  13. Legal and economic aspects of UEFA's Rules on licensing of clubs and financial fair play

    Directory of Open Access Journals (Sweden)

    Ines Medić

    2018-01-01

    Full Text Available The results of supervision which UEFA in 2009 carried out on clubs showed that more than half of a total of 655 European clubs are in debt. Moreover, these are huge debts which are disproportionate with their financial possibilities. The three biggest European clubs were in such financial disarray that they were in two years, treated like other businesses, declared to be bankrupt. That period coincided with the widening of EU legislative powers and in sport issues and with the focus of the Commission on “sound management”. In 2010, UEFA presented a new Rulebook on the licensing of clubs and financial fair play. This Rulebook introduced doing business on “point of financial security” as their basis for the financial sustainability of European clubs. However, from the very beginning of its application its relation with EU legal regulations on competitiveness was disputable. This Rulebook existed in this limbo for 8 years and slowly real effects of its application are starting to be supervised. Namely legal and economic effects were often shown to have an unexpected effect, especially in combination with EU law. The intention here is to observe in detail the Rulebook’s regulations through various prisms: relation to EU legal regulations, its economic effects and the effect on stability and competitive balance.

  14. Legal aspects of the maritime transport of radioactive materials: its regulation in Mexico

    International Nuclear Information System (INIS)

    Aguilar M, S.

    2001-01-01

    This work has the object to analyse the International as much as National legal frameworks, the scopes and limits of the instruments which form it as well as the congruous that exist between them and the situation which actually prevails in the maritime transport field of radioactive materials in worldwide level and in Mexico taking into account the technical advances, the operational experience and radiological protection principles. In the chapter 1, the background on the uses of nuclear energy are described and its development by more of fifty years. The chapter 2 analyses about the establishment of nuclear technologies in Mexico as well as their evolution in medicine, agriculture, research and electric power generation areas. In chapter 3 it was analysed the role what the International Organizations have been playing for the establish of an International legal framework in the maritime transport of radioactive materials field. In the chapter 4, the International legal framework was analysed which is applied to the transport of radioactive materials. Finally, the chapter 5 analyses and poses the requirements and necessities which lead Mexico to legislate broadly the transport of radioactive materials taking as basis International instruments from which the state is part also from some other agreements is analysed its adhesion to them. (Author)

  15. Environmental penal law. Legal foundations, aspects of administrative law, practical applications. Umweltstrafrecht. Gesetzliche Grundlagen, verwaltungsrechtliche Zusammenhaenge und praktische Anwendung

    Energy Technology Data Exchange (ETDEWEB)

    Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.)); Moehrenschlager, M. (Bundesministerium der Justiz, Bonn (Germany, F.R.)); Link, W. (eds.)

    1989-01-01

    The book intends to present the complexity of the penal code pertaining to environmental protection including the law on environmental offences in a way which makes the subject understandable for the reader. It is therefore not limited to the criminal law proper but looks at the administrative background and aspect of legal proceedings under these laws. Each area is dealt with by specialists from science and practice. The book is adressed to the experts in judiciary administration, industry, science and the interested layman. (orig.).

  16. Public Administration Theoretical Aspects Disputes in Legal Science of the Second Half of XX – Early XXI Centuries

    Directory of Open Access Journals (Sweden)

    Ol'ga D. Karnaukh

    2013-01-01

    Full Text Available The article is focused on comparative aspect of different approaches to the “public administration” notion in the legal science of the second half of the XX – early XXI centuries. The author came to a conclusion that the study of many pre-revolutionary, Soviet and modern scientists’ views of the problem of public administration notion definition, its structure, functional orientation and territory administration features allows to conclude that different approaches to its understanding, developed by pre-revolutionary scientists objectively survived, were affected by class ideology in Soviet period and are influenced by the paradigm of law-governed democratic state at present.

  17. Some legal aspects related implementation at Brazil of the International Atomic Energy Agency recommendations related to radiation protection

    International Nuclear Information System (INIS)

    Mezrahi, Arnaldo; Matos, Gilberto Cardoso de; Wieland, Patricia

    2002-01-01

    The National Nuclear Energy Commission (CNEN) - the Brazilian nuclear regulatory authority- applies the basic guidelines regarding Radiation Protection (CNEN standard NE-3.01) in force since June 1988, for the licensing and control of nuclear, industrial, medical and research facilities, as well as for the safety of sources and for radioactive material transportation. In 1996, the IAEA published a new recommendations that established patterns for protection against ionizing radiation and for the safety of radiation sources and recommended Member States to adopt them. The adoption of the IAEA document, namely Safety Series 115, by a member state, does not imply to follow the whole text. The application of IAEA recommendations, contained in its documents, should take into consideration the autochthonous characteristics of each Member State. The Safety Series 115 has a very broad scope involving recommendation to countries at different development stages, especially those that do not even have a nuclear regulatory authority. In the specific case of Brazil, besides its advanced technological level, there exists a very complex and effective legal framework that hinders the establishment of norms and regulations regarding radiation protection guidelines. Therefore the direct application of the IAEA's recommendations requires a very careful legal evaluation in order to avoid conflicts of competence and duplication of efforts among the different involved authorities. This paper presents some of the important legal aspects especially in what concerns CNEN's competence, which is responsible for the issuance of the new radiation protection guidelines in accordance with the legislation. (author)

  18. The legal aspects of expedited partner therapy practice: do state laws and policies really matter?

    Science.gov (United States)

    Cramer, Ryan; Leichliter, Jami S; Stenger, Mark R; Loosier, Penny S; Slive, Lauren

    2013-08-01

    Expedited partner therapy (EPT) is a potential partner treatment strategy. Significant efforts have been devoted to policies intended to facilitate its practice. However, few studies have attempted to evaluate these policies. We used data on interviewed gonorrhea cases from 12 sites in the STD Surveillance Network in 2010 (n = 3404). Patients reported whether they had received EPT. We coded state laws relevant to EPT for gonorrhea using Westlaw legal research database and the general legal status of EPT in STD Surveillance Network sites from Centers for Disease Control and Prevention's Web site in 2010. We also coded policy statements by medical and other boards. We used χ tests to compare receipt of EPT by legal/policy variables, patient characteristics, and provider type. Variables significant at P < 0.10 in bivariate analyses were included in a logistic regression model. Overall, 9.5% of 2564 interviewed patients with gonorrhea reported receiving EPT for their partners. Receipt of EPT was significantly higher where laws and policies authorizing EPT existed. Where EPT laws for gonorrhea existed and EPT was permissible, 13.3% of patients reported receiving EPT as compared with 5.4% where there were no EPT laws and EPT was permissible, and 1.0% where there were no EPT laws and EPT was potentially allowable (P < 0.01). Expedited partner therapy was higher where professional boards had policy statements supporting EPT (P < 0.01). Receipt of EPT did not differ by most patient characteristics or provider type. Policy-related findings were similar in adjusted analyses. Expedited partner therapy laws and policies were associated with higher reports of receipt of EPT among interviewed gonorrhea cases.

  19. Political and legal aspects of the protection of national minorities in Ukraine

    Directory of Open Access Journals (Sweden)

    Oleksandra V. Fedun

    2016-01-01

    Full Text Available The article deals with the research of basic categories of the rights of national minorities that reside on the territory of Ukraine. Moreover, political and legal principles as well as legislative sources for securing these rights at the state level in accordance with the international legal standards are analyzed. The peculiarities of Ukraine’s cooperation with international organisations and neighboring countries in the field of protection the rights of national minorities and regulation of interethnic relations are investigated. In Ukraine the guarantees and protection of the rights of national minorities at the legislative level comply with the world and European standards. The system of state administration bodies in the field of interethnic relations has been established but there are still some problems that need to be resolved on the Parliamentary level as well as on the level of executive agencies and local authorities. At the current stage it is necessary to adopt the law on «The Concept of National Ethnic Policy of Ukraine». Also, the political and legal status of indigenous peoples should be defined especially Crimean Tatars, deported ethnic minorities and some ethnographic groups of the Ukrainian ethnos. In addition, it is important to establish an effective mechanism for realization of the rights of national minorities in Ukraine and to ensure monitoring of the observance of these rights. Implementation of the appropriate measures would facilitate the prevention of confrontation in the Ukrainian society on the ethnic and political as well as language grounds. It would also promote the prevention of aggravation of interethnic relations and would ensure the formation of public tolerance to persons belonging to national minorities.

  20. Legal aspects of administrating antipsychotic medications to jail and prison inmates.

    Science.gov (United States)

    Dlugacz, Henry; Wimmer, Christopher

    2013-01-01

    The administration of antipsychotic medications to jail and prison inmates involves two related components: conducting the informed consent process in a coercive environment and, where consent is not obtained, forcible administration of medication if needed. In the United States, both involve common law, statutory, and constitutional principles. Obtaining informed consent in correctional institutions is complicated. Patients in correctional institutions lack access to alternate sources of information, and depend on the correctional system completely - a system which they may distrust. This may influence the patient's view of the administering physician. Where consent cannot be obtained, forcible administration may be legally permissible for two primary reasons: to restore a criminal defendant to competency in order to stand trial and to ameliorate severe symptoms of mental disability, particularly when they threaten the safety of self, others, or in some instances, property. The interests at stake for the individual and the government, and the legal standards developed to balance these interests, differ between the two situations. When considering challenges to forcible medication of inmates serving a prison sentence, the United States Supreme Court has treated the interest of the institution in maintaining security as paramount. By contrast, when considering challenges to forcible medication of pretrial detainees, the Court's concern for the fair trial rights guaranteed by the Sixth Amendment has seemingly led it to moderate its emphasis on security. However, this distinction is not stable and may in fact be breaking down, as the recent case of Jared Loughner demonstrates. This article discusses the various federal, state, and international legal standards applicable to both informed consent and forcible medication, and their implementation in the correctional setting, focusing on issues related to the United States. Copyright © 2013 Elsevier Ltd. All rights

  1. Federal funds for the health sequelae of uranium mining. Legal and political aspects

    International Nuclear Information System (INIS)

    Breuer, J.

    1994-01-01

    The industrial safety and insurance associations (ISIA) have always pointed to the fact that occupational medecine services and entitled benefit payments are to be secured and continued for this group. Within the framework of the 1st Act on the Implementation of the programme for savings, consolidation and growth (1st SKWPG) the Federal Government has clearly regulated the responsiblilities of the ISIA's and the Federal Government relative to funding. The author highlights the political background and the legal bases for this act. (orig./HP) [de

  2. The legal, moral and ethical aspects and problems of perception of information

    Directory of Open Access Journals (Sweden)

    Алла Борисовна Денисова

    2012-12-01

    Full Text Available At the present time, when the profits from crimes by means of computer technologies, according to Interpol, in third place after the income of drugs traffickers and illegal arms suppliers, the company is aware that professionals in the field of information technology alone are not enough professional knowledge and skills. In order to prevent deviant behavior in cyberspace, and the correct address ethical issues that arise in their professional activities, legal and ethical regulation of social relations in the sphere of information technologies.

  3. [Health-related consequences of obstructive sleep apnea: daytime sleepiness, accident risk and legal aspects].

    Science.gov (United States)

    Orth, M; Kotterba, S

    2012-04-01

    Daytime sleepiness for any reason leads to impairment of daytime performance and an increased accident rate. The consequences are an increase of illness- and accident-related costs for the health system. Obstructive sleep apnea (OSA) is one of the major reasons for increased daytime sleepiness, especially in professional drivers. The accident frequency in OSA can be significantly reduced by adequate continuous positive airway pressure (CPAP) therapy. Up till now there are no uniform legal regulations about the handling of OSAS patients or patients with daytime sleepiness due to other diseases as far as driving ability is concerned.

  4. Socio-cognitive aspects of hedging in two legal discourse genres

    Directory of Open Access Journals (Sweden)

    Holly Vass

    2004-04-01

    Full Text Available While there are many studies on hedging in a wide variety of disciplinary discourses, the field of Law, to date, has been largely overlooked. Moreover, most research on hedging approaches the phenomenon from either a textual or pragmatic perspective, and tends to compare the same genre across disciplines. By contrast, the objective of this study was to analyse hedging in two legal written discourse genres, namely U.S. Supreme Court opinions and American law review articles, from a comprehensive, socio-cognitive, intra-disciplinary perspective. Due to the essential roles of intuition and hedging competence in the identification of hedges, qualitative data gathering and interpretation techniques were used. Results indicate that differences between the two genres can be linked to certain prototypical features of the genres themselves, particularly context and communicative purposes. Therefore, it is possible to postulate that hedging is in fact genre-specific, at least insofar as legal genres are concerned. Further comparative research must be done to determine if the same is true in other fields as well.

  5. The Economic-Managerial Substantiation of Quality through the Prism of the Philosophical-Legal Aspects

    Directory of Open Access Journals (Sweden)

    Beztelesna Liudmyla I.

    2017-11-01

    Full Text Available The article is aimed at studying the theoretical foundations of origin and use of the concept of «quality» in the economic environment. The evolution of the concept of «quality» was researched, as a result it was found that the term «quality» has both objective (measurable and computational and subjective (measurable only individually characteristics. Systematization in relation to the concept of «quality» is carried out both at the macro level – through development of the whole of normative-legal acts, and at the micro level – when the enterprises choose their own management strategies. The assessment of the legal interpretation of the category of «quality» in the article allowed to assert that the key is the Law of Ukraine «On protection of consumer rights», but in their activity domestic enterprises in parallel apply the standards of DSTU ISO of the Series 9000, the use of which is a kind of evidence of the reliability of a business partner. Evidence of the quality of each individual product or service is compliance with certain industry standards.

  6. Problems of linguistic discrimination in the communicative space of Tajikistan: legal, sociolinguistic and educational aspects

    Directory of Open Access Journals (Sweden)

    Diloro Iskandarova

    2017-11-01

    Full Text Available Although it is disregarded and banned, a person can be discriminated in the society according to various attributes – due to the person's language, religion, nationality, social background. The problem touches upon not only individuals but minorities as well. Almost all states have one or several groups – minorities – that differ from the main population in ethnic, linguistic or religious lines. Most international treaties on human rights contain anti-discriminatory provisions. In addition to the main rights of the freedom of conscience, thought and associations, the principal legal guarantees for each representative of minorities consist in being treated equally by the law and courts and in equal protection of laws. The paper studies the problems of legal, sociolinguistic and educational basis of linguistic discrimination in the communicative space of Tajikistan. Linguistic discrimination and political correctness are closely connected with the language policy of the state. With exoglossic linguistic situation being characteristic for Tajikistan arises a need to study the questions related to linguistic discrimination. This will allow making certain adjustments to language building and harmonizing the ethnic and interethnic interests on the basis of a balanced and scientifically justified language policy.

  7. The Use of Force in Modern Counter-Terrorism: International Legal and Political Aspects

    Directory of Open Access Journals (Sweden)

    Elizaveta Sergeevna Gromoglasova

    2016-12-01

    Full Text Available The paper reviews the recent practice of the use of military force in extraterritorial counter-terrorist operations. It argues that nowadays we're witnessing a new stage in the 'war on terror' that's still going on. Although the most of the modern counter-terrorist operations like, for example, the US-led coalition against ISIL in Iraq are being conducted at the request of the affected government, the major risks of expanding and misuse of the right on individual or collective self-defense enshrined in the UN Charter are still present. This can be illustrated by reference to the US air strikes on ISIL in Syria that have been undertaken without consent of Syrian government. But the challenges emerging from 'failed states' and rise of new more radical and militant terrorist movements (ISIL, Ash-Shabaab, Boko Haram and others change the perceptions of legality of extraterritorial counter-terrorist force. The approach which reaffirms responsibility of the state for suppressing terrorist groups operating from within its territory seems to become more and more acceptable. Accordingly, if the state can't suppress terrorist activity it should accept the counter-terrorist intervention on its territory. Nevertheless, jus in bello norms (first of all international humanitarian law remain stringent legal framework for actual use of counter-terrorist military force. The paper concludes that overall political legitimacy of the modern military counter-terrorist operations should be accessed in terms of their humanitarian impact and consequences.

  8. Earth Radiation Imbalance from a Constellation of 66 Iridium Satellites: Technological Aspects

    Science.gov (United States)

    Wiscombe, W.; Chiu, C. J-Y.

    2012-01-01

    Iridium Communications Inc. is launching a new generation of polar orbiting communication satellites in 2015-2017. Iridium will provide a hosted payload bay on each of the 66 satellites (plus 6 in-space spares). This offers the potential for a paradigm shift in the way we measure Earth radiation imbalance from space, as well as massive cost savings. Because the constellation provides 24/7 global coverage, there is no need to account for diurnal cycle via extrapolations from uncalibrated narrowband geostationary imagers. And the spares can be rolled over to view the Sun and deep space, then transfer their calibration to the other members of the constellation during the frequent cross-overs. In part using simulations of the constellation viewing realistic Earth scenes, this presentation will address the technological aspects of such a constellation: (1) the calibration strategy; (2) the highly-accurate and stable radiometers for measuring outgoing flux; and (3) the GRACE-inspired algorithms for representing the outgoing flux field in spherical harmonics and thus achieving rv500-km spatial resolution and two-hour temporal resolution.

  9. Privacy and data protection: Legal aspects in the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    Nora Osmani

    2016-07-01

    Full Text Available The purpose of this paper is to present a theoretical assessment of the existing Law on Personal Data Protection in the Republic of Macedonia. The paper aims to analyse whether there is a need for additional legal tools in order to achieve a balance between maintaining data integrity in the digital age and the use of modern technology. The paper discusses the meaning of “information privacy” in the age of big data, cyber threats and the domestic and international response to these issues. Special focus is dedicated to privacy policy enforcement in European Union Law. Having regard to the development of new technologies, prevailing data protection legislation may no longer be able to provide effective protection for individuals’ personal information. Therefore, existing laws should be continuously adapted to respond to new challenges and situations deriving from different online activities and communications.

  10. Fees and penalties for use of the environment – financial and legal aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-09-01

    Full Text Available Fees and penalties for use of the environment, regulated by the Environmental Protection Act, are legal structures related with each other. These are the four basic fees (for the emission of gases or dust into the air, the discharge of sewage, for water drawing and for storage of waste, as well as increased fees and penalties. Fees and penalties for use of the environment are separate institutions in relation to other categories of public revenues (taxes, fees for services. These are the payments for use directly the components of the environment (e.g. air, water. They constitute public burden for the use of the environment, which the state legislature imposes on entities using the environment. Their aim is to limit the use of the natural environment and the accumulation of funds for financing the tasks in the area of environmental protection.

  11. Technical, economical and legal aspects of repatriation of Russian-origin research reactor SNF to Russia

    International Nuclear Information System (INIS)

    Smirnov, A.; Kanashov, B.; Efarov, S.; Lebedev, A.; Kolupaev, D.

    2005-01-01

    The aim of the report is to find some principal decisions to implement an Agreement between the Governments of the Russian Federation and the USA on repatriation of the research reactor spent nuclear fuel (RR SNF) to the Russian Federation. The report presents some ideas and approaches to the transportation of the Russian-origin RR SNF from the technical, economical and legal viewpoints. The report summarizes the Russian experience and possibilities to fulfill the program under the Agreement. Some decisions are proposed related to application of the international transportation experience and the most advanced technologies for the RR SNF handling. At present, there is no any unified SNF transportation technology that is capable to implement the transportation program schedule set by the Agreement. The decision is in the comprehensive approach as well as in the development of mobile and flexible schemes and in implementation of parallel and combined shipments. (author)

  12. [Hunger striking in prisons: ethics and the ethical and legal aspects].

    Science.gov (United States)

    García-Guerrero, J

    2013-01-01

    Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal.

  13. Legal aspects of Joint Pre-Commercial Procurements: from modeling to implementation

    CERN Document Server

    CERN. Geneva

    2015-01-01

    The delivery of Information and Communication Technology (ICT) services is changing fundamentally. Cloud-based services are replacing traditional local - or on-premises - software and infrastructure installations for many public sector organisations. This applies to government but also to public research organisations, including libraries, which currently deal with the outburst of big data and the need for additional computing capacity. While technology service options continue to evolve, procurement processes and policies have remained firmly rooted in historical practices that are no longer effective. In order for public research organisations of all sizes to take advantage of the best solutions the market has to offer nowadays, a more flexible and agile procurement process must be created and implemented. The objective of this presentation is to review strategies and tips in order to help procurers implement and publish a Joint Pre-Commercial Procurement tender; including: General legal framework of PC...

  14. Ireland and medical research with minors: some medico-legal aspects.

    Science.gov (United States)

    Sheikh, Asim A

    2008-07-01

    The practice of medical research with minors in Ireland consist of practices pertaining to therapeutic and non-therapeutic medical research. Clinical trials (a category of therapeutic research), is governed by legislation. However, any other therapeutic research (non-clinical trials research) and non-therapeutic research, e.g. observational medical research such as a longitudinal study of children or non-therapeutic research such as blood sample collection for analysis of cause of disease, are unregulated by legislation. This, article will outline and describe some of the medico-legal issues involved in both types of research and will comment on matters such as what national law exists, how the directive on good clinical practice has been implemented, what guidelines, if any, exist.

  15. The Russian oil industry and foreign investments: legal aspects and the problem of business risk

    International Nuclear Information System (INIS)

    Konoplyanik, A.A.

    1994-01-01

    Despite the considerable potential oil resources in Russia, oil production is currently falling to the extent where, if present trends continue, imports will be necessary in the next few years in order to meet domestic demand. Foreign investment could make an effective contribution to stabilizing the Russian oil industry. The large resource base, favourable production costs, highly skilled workers and the conversion potential of the former defence industries to oil and gas equipment, are considerable attractions for foreign investors. However, for the time being there are many obstacles and uncertainties for oil and gas investment. Among these are political instability, high taxation, export tariffs, the legal environment, bureaucratic difficulties over new project negotiation, and problems related to oil and gas transportation. Current legislative activities which may lead to a better investment environment are described. (UK)

  16. Legal Analysis of EPC Contract of the Nuclear Reactor in the aspect of Nuclear Law

    International Nuclear Information System (INIS)

    Lee, D. S.; Chung, W. S.; Yun, S. W.; Yang, M. H.

    2010-01-01

    Recently, Korea Nuclear Industry and R and D Institute obtained order of Nuclear Reactor construction from the UAE and the Jordan. Though the UAE's nuclear power plant and the Jordan's Research Reactor were different each other legal issues raised in EPC contract between employer and contractor had very close characters and similar suggestions. New nuclear country have not established all necessary entities regarding regulation and control and enacted laws yet. However, nuclear technology shall be transferred to the country that is ready to or have equipped all mandatory safeguard and safety. From the reality, nuclear specific issues such as the Nuclear Indemnity, Ownership of Intellectual property, Training program for operating technicians, and nuclear licensing are emerging in the EPC contract and finding consensus to the issues between both parties were time consuming work. Our studies will analysis the issues and try to find impartial guideline

  17. The Legal Aspects of Educational Planning and Administration. Fundamentals of Educational Planning.

    Science.gov (United States)

    Durand-Prinborgne, Claude

    The purpose of this monograph, which is aimed at educational planners, is to explain the essential aspects of the relationship between planning and law. It is intended to illustrate the role of law in the planning and administration of school systems and thus familiarize education specialists with the tools needed to understand legal…

  18. Legal and ethical aspects of deliberate G-induced loss of consciousness experiments.

    Science.gov (United States)

    Euretig, J G

    1991-07-01

    Informed consent is both a legal and accepted ethical prerequisite to nontherapeutic human experimentation. The informed consent obtained from the subject in G-LOC experimentation is in the same form as the risk disclosures used in high-G acceleration experiments. However, in high acceleration protocols G-LOC is a potential risk while in G-LOC experiments it is the result. The case law embodies three modern evidentiary standards (the "professional," "material fact," and "possible risks" tests) employed by common law courts when deciding whether the risk disclosures are sufficient to elicit the informed consent of the subject. Each standard is applied against the disclosures in the G-LOC protocol to determine if the elements of the requirement are met. The risk disclosures are wanting in specific identification under the three tests. The deficiency is the failure to inform the subject that G-LOC may result in a pathologic state of unconsciousness about which little is known. Without complete disclosure of this lacking state of medical knowledge, it is questionable whether informed consent can be given. If subjected to judicial scrutiny, the disclosures stated in the G-LOC protocol used in government sponsored research will probably be found deficient.

  19. Health care systems in Sweden and China: Legal and formal organisational aspects.

    Science.gov (United States)

    Albin, Björn; Hjelm, Katarina; Chang Zhang, Wen

    2010-06-22

    Sharing knowledge and experience internationally can provide valuable information, and comparative research can make an important contribution to knowledge about health care and cost-effective use of resources. Descriptions of the organisation of health care in different countries can be found, but no studies have specifically compared the legal and formal organisational systems in Sweden and China. To describe and compare health care in Sweden and China with regard to legislation, organisation, and finance. Literature reviews were carried out in Sweden and China to identify literature published from 1985 to 2008 using the same keywords. References in recent studies were scrutinized, national legislation and regulations and government reports were searched, and textbooks were searched manually. The health care systems in Sweden and China show dissimilarities in legislation, organisation, and finance. In Sweden there is one national law concerning health care while in China the law includes the "Hygienic Common Law" and the "Fundamental Health Law" which is under development. There is a tendency towards market-orientated solutions in both countries. Sweden has a well-developed primary health care system while the primary health care system in China is still under development and relies predominantly on hospital-based care concentrated in cities. Despite dissimilarities in health care systems, Sweden and China have similar basic assumptions, i.e. to combine managerial-organisational efficiency with the humanitarian-egalitarian goals of health care, and both strive to provide better care for all.

  20. [Legal aspects of reuse and re-sterilization of disposable products in the hospital].

    Science.gov (United States)

    Bohle, T

    2000-06-01

    What consequences may follow if the hospital administration decides to introduce recycling and resterilisation of disposable medical products? While some consider the chief executive administrators and doctors to be seriously endangered by the legal implications of the German Medical Products Act (MPG), others consider recycling and resterilisation to be clearly admissible. A closer look at what constitutes an offence as described in sec. 43, para 1 No. 1 of the MPG reveals that mere presumptions do not suffice to incur the respective penalties; rather, a concrete, scientifically sound basis for assuming an endangerment of safety or health are required for penal measures to be justified. The manufacturer's designation "for once-only use" may not be considered "intended purpose" as stipulated in sec. 4, para 1 No. 1 of the MPG. If recycling or resterilisation be confined to self-made disposables, there is no necessity for CE marking. Information of the patient and individual documentation must be extended to cover the use of recycled or resterilised disposable products only if the use of the latter may constitute a significant additional danger to the patient.

  1. Experimental liver fibrosis research: update on animal models, legal issues and translational aspects

    Science.gov (United States)

    2013-01-01

    Liver fibrosis is defined as excessive extracellular matrix deposition and is based on complex interactions between matrix-producing hepatic stellate cells and an abundance of liver-resident and infiltrating cells. Investigation of these processes requires in vitro and in vivo experimental work in animals. However, the use of animals in translational research will be increasingly challenged, at least in countries of the European Union, because of the adoption of new animal welfare rules in 2013. These rules will create an urgent need for optimized standard operating procedures regarding animal experimentation and improved international communication in the liver fibrosis community. This review gives an update on current animal models, techniques and underlying pathomechanisms with the aim of fostering a critical discussion of the limitations and potential of up-to-date animal experimentation. We discuss potential complications in experimental liver fibrosis and provide examples of how the findings of studies in which these models are used can be translated to human disease and therapy. In this review, we want to motivate the international community to design more standardized animal models which might help to address the legally requested replacement, refinement and reduction of animals in fibrosis research. PMID:24274743

  2. Children sold for transplants: medical and legal aspects. Amnesty International--Danish Working Group for Children.

    Science.gov (United States)

    Fasting, U; Christensen, J; Glending, S

    1998-11-01

    Over the last few decades there has been a substantially higher percentage of successful organ transplants but also a significant imbalance between the demand for and the supply of organs, creating the basis for a highly profitable black market trade in human organs. Sometimes there are reports that children have been kidnapped, only to reappear later lacking one kidney, or that they simply disappear and are subsequently killed to have all their transplantable organs removed for profit. The European Union feels that there is a need for action and that it has a duty to act in this field, especially for ethical reasons. There is now established close co-operation between the various European transplant organizations. The legal protection of children with regard to organ transplantation is not specifically mentioned in the existing conventions because this issue was not foreseen at the time of their preparation. However, the issue is covered in a broader sense by more general provisions. There are endless rumours surrounding this area. Members of various organizations who travel in the suspected countries say that the trafficking in children who are sold for transplantation is well known, but it is too difficult and very dangerous to catch the people involved. We have to conclude that it has been impossible to prove or disprove the rumours, but they are consistent and we all, especially in the health care professions, have an obligation to be keenly aware of how and where organs are obtained.

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

    International Nuclear Information System (INIS)

    Kuehne, G.

    1992-01-01

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

  4. Various technical and legal aspects of nuclear power sources in outer space

    International Nuclear Information System (INIS)

    Boeck, H.; Summerer, L.

    2001-12-01

    Since the very first days of space exploration, nuclear power was considered as an alternative to solar cells for the generation of energy in space. Especially for larger exploration missions beyond Mars, nuclear power sources (NPS) are almost unavoidable. NPS are developed, produced and flown on a continuous basis since almost 40 years by the USA and the Soviet Union, now Russia. While the technological capabilities certainly exist within Europe, Europe has not developed space nuclear power sources. This work is structured in four parts, enlightening this subject from different viewpoints on the European level. In a first chapter, European centres researching in the broader field of this technology are listed. A second chapter deals with the properties and hazards connected with plutonium, the element used in Radioisotope Thermal Generators (RTG). Recent technological developments in the field of RTG are reviewed in chapter 4, while chapter 3 deals with the international legal implications of the use of nuclear power sources in outer space. Refs. 30 (author)

  5. Low-capacity wind power systems. Technology, legal aspects, economic efficiency; Kleine Windenergieanlagen. Technik - Recht - Wirtschaftlichkeit

    Energy Technology Data Exchange (ETDEWEB)

    Eggersgluess, Walter [Landwirtschaftskammer Schleswig-Holstein, Rendsburg (Germany); Eckel, Henning; Hartmann, Stefan [Kuratorium fuer Technik und Bauwesen in der Landwirtschaft e.V. (KTBL), Darmstadt (Germany)

    2012-07-01

    In what conditions will investments in a low-capacity wind power plant be profitable? This leaflet intends to provide a decision aid for farmers and other land owners interested in thes subject. It outlines the technology of low-capacity wind power systems, goes into site selection, expected yields and legal boundary conditions. The most important economic data are defined, and the economic efficiency of wind power plants of 7.5 to 25 kW is discussed. The text is supplemented by useful internet links. [German] Unter welchen Bedingungen rechnet sich die Investition in eine kleine Windenergieanlage? Das Heft hilft Landwirten sowie allen anderen investitionswilligen Grundstueckseigentuemern fuer sich Antworten auf diese Fragen zu finden und die richtigen Entscheidungen zu treffen. Es gibt einen Ueberblick ueber die Technik kleiner Windenergieanlagen, beschreibt was den richtigen Standort auszeichnet, mit welchen Energieertraegen gerechnet werden kann und welchen rechtlichen Rahmenbedingungen Bau und Betrieb der Anlagen unterliegen. Die wichtigsten wirtschaftlichen Kenngroessen werden definiert und die Wirtschaftlichkeit kleiner Windenergieanlagen anhand von Beispielanlagen im Leistungsbereich von 7,5 bis 25 kW diskutiert. Nuetzliche Internetadressen zum Thema Windenergie runden das Informationsangebot ab.

  6. Anti-discrimination law on the grounds of religion within the Italian legal system: Substantive and procedural aspects

    Directory of Open Access Journals (Sweden)

    Cettina Di Salvo

    2016-01-01

    Full Text Available The author illustrates the normative framework of protection against religious discrimination in Italian legal system, scattered over several different pieces of legislation. The analysis is devoted to the substantive and procedural rules on the principle of equal treatment irrespective of religion. The analysis shows that the law guarantees every aspect of freedom of personal convictions in religious matter and protects not only people who belong to traditional organized religions, but all people who have held religious beliefs or practices. Italian law prohibits discrimination in regard to religion, not just in employment, but also in other areas. Consequently, the scope is wider than the EU Non-discrimination Directive 2000/78/EC, which only covers discrimination in employment, occupation and working conditions. The rules for the procedure before the court, designed to ensure the protection for persons who have been subject to discrimination are then examined. The author focuses in particular on the provisions regarding the legal standing, the burden of proof, and the remedies, which are crucially important for the effective implementation of the principle of equality.

  7. Legal Framework and Mechanism of Marine Fisheries Subsidies in the Aspects of International Trade and Sustainable Development

    Directory of Open Access Journals (Sweden)

    Adijaya Yusuf

    2015-12-01

    Full Text Available Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982 has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in the Inland waters, archipelagic waters and the Territorial Sea. This article aims to examine the legal framework and mechanisms of fisheries subsidies in the aspects of trade and sustainable development. In this article, discussion would carried out in order to examine the legal framework and mechanisms of marine fisheries subsidies that are implemented with the principles of fair-trade and sustainable development, both in the international level, as well as in the national level. Thus, this research is expected to be able to bridge the interests of developed countries and developing countries, especially Indonesia, in order to achieve fair trade in the field of fisheries and resource utilization of sustainable fisheries.

  8. Constitutional Fundamentals of Conscription and Some Aspects of the Ordinary Legal Regulation of Constitutionality

    Directory of Open Access Journals (Sweden)

    Kenstavičienė Kristina

    2015-12-01

    Full Text Available Article 139 of the Constitution of the Republic of Lithuania is one of the constitutional fundamentals of state defense and stipulates the defense of the state as the right of citizens on the one hand and the duty on the other. This article of the Constitution gives the legislative power the right of discretion to detail by law the order of the implementation of citizens’ duty to perform military or alternative country defense service. Due to the reorganization of the armed forces into a professional and volunteer army, the issue of some ordinary regulation rules concerning the constitutionality of nationwide conscription, though at present suspended but not abolished, is becoming urgent. Though the Constitutional Court of the Republic of Lithuania presented their ruling on the constitutionality of the suspension of military conscription, it does not mean that all problems related to conscription have been settled. The aim of this article is to analyze the constitutional basis of nationwide conscription as well as the constitutionality of some ordinary regulation provisions related to nationwide conscription. Therefore, the issue to be analyzed is whether nationwide conscription, if it were to be implemented, complies with the constitutional principles of human equality and military justice1. Consequently, the question is posed how the constitutional objective of ensuring the defense of the state determines conscription. Because of the growing employment of the army abroad, yet the dwindling demand for conscripts, it should be explored whether the suspension of the nationwide conscription as a part of the defense reform is further feasible in order to guarantee the defense of the state. In answering the raised questions, the author will analyze the abundant and long-lasting constitutional doctrine of Germany which provides clarifications of the Basic Law, as the legal act of the establishing power, which can doubtless be of assistance in

  9. ETHICAL AND LEGAL ASPECTS OF FUNCTIONING OF ETHIC COMMITTEES IN BULGARIA

    Directory of Open Access Journals (Sweden)

    Mariela Deliverska

    2017-06-01

    Full Text Available Scientific research has to be based on ethical standards that promote the protection of human rights. On a national level, the domestic legislation of the Republic of Bulgaria foresees a procedure for obtaining an opinion from the Ethics Committee for Multicentre Trials in order to introduce a substantial change in a clinical trial and non-interventional study. The procedure aims to evaluate the compliance of the planned clinical trial with the norms of good clinical practice, the requirements of the Medicinal Products in Human Medicine Act. On European Union level, standards have been set down in Regulation (EC No. 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use. The licensing regime that has been introduced on a national level requires the performance of documentation evaluation that addresses a major change in a clinical trial and non-interventional research. Legal definitions of the terms "principal investigator" and "coordinating investigator" have been introduced. The "principal investigator" is the medical doctor or the dentist, designated by the sponsor, who leads the overall execution of the clinical trial in accordance with the approved protocol and good clinical practice guidelines and is responsible for the researchers. The "coordinating researcher" is a researcher appointed to coordinate researchers from different centres participating in a multicentre trial. Ethic committees performing review have to provide independent advice on the extent to which a biomedical research proposal complies with recognized ethical standards. Scientific research must necessarily conform to commonly accepted scientific principles and be based on thorough knowledge of scientific literature and other relevant sources of information.

  10. Roads Rehabilitation and Environment in Moldova: Some Legal and Normative Harmonization Aspects

    Directory of Open Access Journals (Sweden)

    Cocirta Petru

    2014-05-01

    Full Text Available This paper analyzes the environmental regulatory reforms of the Republic of Moldova to restore roads and problems over time. Goals and objectives are the analysis of the current situation on road rehabilitation and environmental assessments in this area, as well as issues that require in rehabilitation and maintenance of roads in the Republic of Moldova.Are described briefly: general aspects of road rehabilitation issues; legislation and environmental regulations in the road; differences between Moldova and procedures of the World Bank's environmental assessment in the construction and rehabilitation of roads; problem of national legislative and normative acts harmonization to international requirements.The paper discusses specific environmental to appear on completion of the rehabilitation of roads in the Republic of Moldova. In the final part of the paper presents the conclusions and some suggestions on how to facilitate the rehabilitation of roads in accordance with Agenda 21 of the country and European and international requirements.

  11. Social and legal aspects of preparing the construction and operation of a nuclear power source

    International Nuclear Information System (INIS)

    Curin, K.

    1989-01-01

    The main activities are described involved in creating territorial, technical and economic conditions for the building of nuclear power plants. The basic precondition is the prognostic evaluation of national requirements for power in each planning time stage. From this proceeds the need of a range of power sources with a definition of their types and their incorporation in the power system and of possible power supply to the district heating system. As for nuclear power plants the building should be divided into three stages: from planning investments to the issuance of an investment intent, the stage of construction and that of operation. A detailed description is presented of the activities of all participants in building nuclear power plants in Czechoslovak conditions. Attention is devoted to the aspects of reliability and safety of nuclear power plants and to the effect of the respective activities on reliability and safety. (Z.M.). 1 tab

  12. LEGAL ISSUES AND ASPECTS RELATED TO THE HUMAN RESOURCES MANAGEMENT REGARDING THE SELECTION OF CIVIL SERVANTS

    Directory of Open Access Journals (Sweden)

    MELINDA CENUŞE

    2012-12-01

    Full Text Available Public administration selects its servants exclusively on competence criteria (the so-called merit system. The selection of civil servants is performed by contest, organized within the limit of vacant public positions provided annually for this purpose, by the plan for occupation of public positions. As a general rule, the contest is organized on a quarterly basis. Any individual who meets the general conditions provided by law and the specific conditions established by law for occupying a certain public position may participate at the selection contest organized for the occupation of a public position. Among other aspects, in this study we underline an inconsistency regarding the recruitment defined in the field of Human Resources Management and its definition from The Statute of the Civil Servants.

  13. Some reflections on the formal legal aspect of the creation of non-agricultural cooperatives in Cuba, based on analysis of the Pinar del Río case

    Directory of Open Access Journals (Sweden)

    Orisel Hernández Aguilar

    2015-11-01

    Full Text Available This article begins with an exam of some general elements of the legal regulation of the process of constitution of the non agricultural cooperatives. Subsequently, it centers its attention in three fundamental aspects of the same one: the authorizations to constitute, the notarial writings of constitutions and the inscription in the mercantile registration. These analyses, of the way in which it has been regulated legally and developed the process of constitution of the non agricultural cooperatives in Pinegrove of the River, are guided to determine the juridical – formal aspects that requires improvement.Received: 31.05.2015Accepted: 30.07.2015

  14. ECONOMIC AND LEGAL ASPECTS OF MANAGEMENT OF WASTES AND SECONDARY MATERIAL RESOURCES (ON THE EXAMPLE OF CONSTRUCTION COMPLEX

    Directory of Open Access Journals (Sweden)

    Tskhovrebov Eduard Stanislavovich

    2018-05-01

    Full Text Available Subject: technical and economic processes and aspects of handling wastes and secondary material resources; stages of transition of anthropogenic object of environment to wastes and secondary material resources; technical possibility and economic feasibility of using secondary material resources as a secondary raw material for making products, providing energy, works, services. The problem of economy and rational use of material and power resources is relevant and significant within the limits of maintenance of a strategic course of Russia on innovative sustainable development. In this article, issues of actualization and harmonization of the regulatory and legal base in the field of management of wastes and secondary material resources are considered from the viewpoint of maintenance of minimization of waste formation and maximum use of secondary material resources in an industrial-economic cycle, provision of economic incentives for innovative activity in the given field. The actual multi-plan problem, chosen here as a topic of research, concerns regulations in management of wastes and secondary material resources in construction complex, in which economic, civil-law, ecological, social, industrial and legal relations are closely coordinated and define a subject of the present research. Production and consumption waste is a dangerous anthropogenic object of the environment but at the same time, it is a valuable secondary material resource. The non-use of wastes to be recycled as secondary raw materials for energy generation, production and, as a result, their increasing accumulation in the environment causes irreparable harm to natural objects and human health due to their dangerous properties. Research objectives: scientific and methodological substantiation of legal regulation, economic basis for formation of wastes and secondary material resources management system (on the example of construction complex and building materials industry

  15. The legal protections form emission under the aspect of section 364/2 ABGB of the Austrian Civil Law

    International Nuclear Information System (INIS)

    Woerndl, E.

    1991-05-01

    The legal protections from emissions caused by industries, car and public transportation traffic are one of the most important cases of defending real property. Due to the fact, that the mass media report international cases like 'Wackersdorf', there can be stated a general interest in the subject. Through section 364/2 of the 'Allgemeines Buergerliches Gesetzbuch' the Austrian Civil Law lifts its limits for property in consideration of emissions. The main reasons for the unsatisfying status quo must be related to the misinterpretation of imponderables as the key of emissions in section 364/2 ABGB. In fact section 364 lists a number of possible emissions, one of them considers sewage, which hardly can be declared as an imponderable one. This secures the position that all sorts of different kinds of emissions quoted in section 364/2 as far as 'others' gain civil presentation in case of infringing anybody's property. Another aspect must be referred to the influence of Public Law towards Civil Law and pollution control in particular: In Austria there exists a law (sections 47 and 56/1 Forstgesetz 1975) concerning the damage of forests (there to a great extent the interests of the state are touched because of the position as its land owner), where the legislator has no samples about determinating the terms - what the Civil Law calls 'customary in a place' to the extent of measurable damage. Due to this fact and in order to beware a homogenous legal order 'measurable damage' in general should substitute the inaccurate terms, that one has to relate to in use of section 364/2 ABGB. (author)

  16. Legal aspects relating to the captation and exploitation of groundwater in Spain; Aspectos legales a considerar en las obras de ejecuion, instalacion y puesta en servicio de las captaciones de agua subterranea en Espana

    Energy Technology Data Exchange (ETDEWEB)

    Garcia Ruiz, T.

    2007-07-01

    The legal aspects relating to the captation and exploitation of groundwater in Spain are very broad and are contained in a large number of provisions, which in many cases are presented in a piece-meal fashion, making it difficult its interpretation. In most cases, is the experience of professionals working in the area which is used to be knowing and synthesizing all the legal nuances, since often the own competent administrations have a biased approach of the law. This article presents a compendium of the main laws that affect the captation and exploitation of ground-water in Spain. (Author)

  17. Participatory Water Management in Brazil: Legal, institutional and political aspects (1988 – 2008

    Directory of Open Access Journals (Sweden)

    Maria Gravina Ogata

    2014-07-01

    Full Text Available The article presents the results of a study that aims to understand and evaluate the performance of the water resources new public policy in Brazil, promulgated by the Federal Law Nº. 9,433, of 8 January 1997, in full observance by the Brazilian State Reform (1995. This policy brings significant innovations in water management, considered by the Federal Constitution of 1988 as a public good, under the control of the Union and the Federated States. The innovative aspect of this policy is the management system, provided by the National and State Water Resources Councils and Water Committees. Participatory management is based on the participation of representatives of Public Power, water users and civil society, who were listened in the interviews. This new policy has been built unevenly throughout the country and reflects the characteristics and peculiarities of each Brazilians region. Thus, the study examines regional experiences in the theoretical approach of concepts related to participatory management and multilevel water governance, with emphasis on the issue of Brazilian federalism. Civil society believes in this form of management of water resources and has high expectations that better results could be obtained with the strengthening of Brazilian democracy. The recovery of citizenship, the participation in the implementation of public policies, the quick deliberation on conflicts about the use of water have been the great gains that society has registered in favor of this new form of managing water resources. Este estudio analiza y evalúa la nueva política pública de recursos hídricos de Brasil, cuyo marco normativo es la Ley Federal nº 9.433, del 8 de enero de 1997, promulgada en pleno período de Reforma del Estado Brasileño (1995. Esta política trajo importantes innovaciones en la gestión del agua, considerada bien público bajo el control de la Unión y de los Estados Federados por la Constitución Federal de 1988. El aspecto

  18. Emergency Victim Care. A Training Manual for Emergency Medical Technicians. Module 2. Equipment, Safe Driving Practices, Legal Aspects, Controlling the Situation, Action Evaluation Conference. Revised.

    Science.gov (United States)

    Ohio State Dept. of Education, Columbus. Div. of Vocational Education.

    This student manual, the second in a set of 14 modules, is designed to train emergency medical technicians (EMTs) in Ohio. The module contains five sections that cover the following course content: ambulance equipment, safe driving practices for emergency vehicle drivers, legal aspects of the EMT's job, how to maintain control at an accident scene…

  19. Safety in the Chemical Laboratory. Epidemiology of Accidents in Academic Chemistry Laboratories, Part 2. Accident Intervention Study, Legal Aspects, and Observations.

    Science.gov (United States)

    Hellmann, Margaret A.; And Others

    1986-01-01

    Reports on a chemistry laboratory accident intervention study conducted throughout the state of Colorado. Addresses the results of an initial survey of institutions of higher learning. Discusses some legal aspects concerning academic chemistry accidents. Provides some observations about academic chemistry laboratory accidents on the whole. (TW)

  20. Aspectos éticos y legales en los pacientes con trauma ocular Technical and legal aspects of the ocular trauma patients

    Directory of Open Access Journals (Sweden)

    Eduardo Ariel Ramos Gómez

    2012-01-01

    Full Text Available El traumatismo ocular, independientemente de la lateralidad, es considerado una de las entidades nosológicas frecuentes que conllevan a una rehabilitación visual. Las causas que provocan un traumatismo ocular son variadas y dentro de estas, las agresiones con intención de provocar daños con secuelas son una de las más frecuentes. Este aspecto trae consigo todo un proceso médico-legal, donde los principios éticos por parte de los facultativos deben estar bien establecidos. Es objetivo de esta revisión incentivar el buen accionar ético de todos los oftalmólogos en cuanto a la atención de estos pacientes, así como enfatizar en el adecuado manejo medico-legal implícito en este tipo de afección.Ocular trauma, regardless of laterality, is considered one of the common diseases entities that implies visual rehabilitation. The causes of eye injuries are varied. Assaults with intent to cause damage are the most common. This issue involves a medical-legal process where the ethical principles of the physicians must be well established. The objective of our article was to encourage good ethical actions of all ophthalmologists and to emphasize the proper medical-legal management involved in this type of diseases.

  1. Jovian magnetosphere-satellite interactions: aspects of energetic charged particle loss

    International Nuclear Information System (INIS)

    Thomsen, M.F.

    1979-01-01

    Observations of energetic charged particles obtained by Pioneers 10 and 11 near the orbits of the inner Jovian satellites are reviewed with particular emphasis on the implications of these observations with regard to possible models of the access of charged particles to the satellite surfaces. The observed effects on particle pitch angle distributions and the observed energy dependence of the intensity depletions seen at the satellite orbits are compared with predictions of satellite sweepup based on several different access models. The two major uncertainties which hamper the comparisons are those associated with the satellite conductivities and the ionospheric dynamo electric field power spectrum. The satellite conductivity is important because it governs the access of the particles to the satellite surface and therefore the lifetime tau: the dynamo power spectrum is important because it controls the magnitude and energy dependence of the radial diffusion coefficient. In spite of these uncertainties we can nevertheless make the following conclusions. The electron pitch angle distributions at Io's orbit are compatible with expectations based on sweeping. The energy dependences of the observed electron depletions at all three inner satellites (Amalthea, Io, and Europa) are incompatible with expectations based on a perfect conductor model of a satellite and its flux tube but are compatible with the energy dependence expected for perfectly insulating or partially conducting satellites However, the proton losses at Io are observed to be much stronger than the electron losses, in contradiction to expectations based on sweeping. The most attractive explanation for the proton-electron discrepancy at Io is that the large proton losses at Io's orbit are principally due to enhanced pitch angle scattering in the region of higher plasma density

  2. The Issue Animal in the Perspective of the Federal Supreme Court and the "Regulatory Aspects Of Legal Status

    Directory of Open Access Journals (Sweden)

    Mery Chalfun

    2016-12-01

    Full Text Available The present work aims to analyze the legal nature of nonhuman animals in the doctrine of Animal Law, legal order and position of the Federal Supreme Court based on judgments that deal with conflict between cultural manifestation and cruelty to animals. Brazilian legislation calls for a multiplicity of positions on the legal nature of animals, which may influence positively or negatively the treatment accorded to them. It can be seen that in the STF the predominance of two understandings: anthropocentric, equivalent to good, while of another biocentric, moral consideration as to the animals and possibility of change of the legal nature.

  3. "Legal highs"--toxicity in the clinical and medico-legal aspect as exemplified by suicide with bk-MBDB administration.

    Science.gov (United States)

    Rojek, Sebastian; Kłys, Małgorzata; Strona, Marcin; Maciów, Martyna; Kula, Karol

    2012-10-10

    The easily available "legal highs", which are products containing psychoactive substances, such as cathinones, piperazines and synthetic cannabinoids, are abused by adolescents in Poland and in the world as alternatives to classic drugs, such as amphetamines or marijuana. The majority of these potentially dangerous substances are still legal and they are associated with a risk of severe poisoning or even death, and provide new challenges in clinical and forensic toxicological practice. Investigations in the field of "designer drugs" may be well illustrated by the case of a suicide of a 21-year old male who ingested a specified dose of a preparation called "Amphi-bi-a" that contains bk-MBDB, chemically 2-methylamino-1-(3,4-methylenedioxyphenyl) butan-1-one, which belongs to the cathinone group, as a synthetic euphoric empathogen and psychoactive stimulant that is chemically similar to MDMA. It is one of more common components of "legal highs" examined in Poland and other countries. The documentation of the case includes a clinical assessment of the patient's health status performed during his almost 4-h hospitalization before death, autopsy and histological examinations supported by toxicological findings revealing bk-MBDB at extremely high concentrations (at 20 mg/l in the blood and 33 mg/kg in the liver); hence, this body of evidence contributes to knowledge in the field of "designer drugs". Inventions of designers of new psychoactive xenobiotics, which are much in demand, especially in view of the dynamic Internet marketing, which drums up narcobusiness, must be balanced by a national strategy developed by medical, legal and educational circles in the modern civilized world in order to prevent the spreading of the phenomenon. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

  4. On Some Aspects of Precipitation over Tropical Indian Ocean Using Satellite Data

    Digital Repository Service at National Institute of Oceanography (India)

    RameshKumar, M.R.; Sreejith, O.P.

    The annual and inter-annual variability of precipitation over the tropical Indian Ocean is studied for the period 1979–1997, using satellite data from a variety of sensors. The Climate Prediction Center Merged Analysis Precipitation (CMAP...

  5. Legal aspects of the maritime transport of radioactive materials: its regulation in Mexico; Aspectos legales del transporte maritimo de materiales radioactivos: su regulacion en Mexico

    Energy Technology Data Exchange (ETDEWEB)

    Aguilar M, S

    2001-07-01

    This work has the object to analyse the International as much as National legal frameworks, the scopes and limits of the instruments which form it as well as the congruous that exist between them and the situation which actually prevails in the maritime transport field of radioactive materials in worldwide level and in Mexico taking into account the technical advances, the operational experience and radiological protection principles. In the chapter 1, the background on the uses of nuclear energy are described and its development by more of fifty years. The chapter 2 analyses about the establishment of nuclear technologies in Mexico as well as their evolution in medicine, agriculture, research and electric power generation areas. In chapter 3 it was analysed the role what the International Organizations have been playing for the establish of an International legal framework in the maritime transport of radioactive materials field. In the chapter 4, the International legal framework was analysed which is applied to the transport of radioactive materials. Finally, the chapter 5 analyses and poses the requirements and necessities which lead Mexico to legislate broadly the transport of radioactive materials taking as basis International instruments from which the state is part also from some other agreements is analysed its adhesion to them. (Author)

  6. Smart Metering. Technological, economic and legal aspects. 2. ed.; Smart Metering. Technologische, wirtschaftliche und juristische Aspekte des Smart Metering

    Energy Technology Data Exchange (ETDEWEB)

    Koehler-Schute, Christiana (ed.)

    2010-07-01

    Smart metering comprises more than just meter technology, and the use of information and communication technologies is indispensable. Processes, roles and business models must be reconsidered as further challenges arise in the context of smart metering. For one, there is the operator of the metering points. Secondly, there is the end user who is in the role of an active market partner. Further, there is smart metering as a basic technology, e.g. for smart grids and smart homes. In spite of the need for action, many utilities are reluctant to introduce smart metering. Reasons for this are the cost, a lack of defined standards, and an unclear legal situation. On the other hand, smart metering offers potential for grids and distribution that should be made use of. The authors discuss all aspects of the subject. The point out the chances and limitations of smart metering and present their own experience. [German] Smart Metering geht weit ueber die Zaehlertechnologie hinaus und der Einsatz von Informations- und Kommunikationstechnologien ist unabdingbar. Damit einhergehend muessen Prozesse, Rollen und auch Geschaeftsmodelle neu durchdacht werden. Denn weitere Herausforderungen stehen im direkten Zusammenhang mit Smart Metering. Das ist zum einen die Rolle des Messstellenbetreibers / Messdienstleisters. Das ist zum anderen der Endnutzer, dem die Rolle des aktiven Marktpartners zugedacht wird. Das ist des Weiteren das Smart Metering als Basistechnologie beispielsweise fuer Smart Grid und Smart Home. Trotz des Handlungsdrucks stehen viele Unternehmen der Energiewirtschaft dem Smart Metering zurueckhaltend gegenueber. Drei gewichtige Gruende werden ins Feld gefuehrt: die Kostenfrage, nicht definierte Standards und die in vielen Bereichen ungeklaerte Gesetzeslage. Demgegenueber bietet das Smart Metering Potenziale fuer Netz und Vertrieb, die es zu nutzen gilt. Die Autoren setzen sich in ihren Beitraegen mit diesen Themen auseinander, zeigen Chancen, aber auch Grenzen des

  7. Handover aspects for a Low Earth Orbit (LEO) CDMA Land Mobile Satellite (LMS) system

    Science.gov (United States)

    Carter, P.; Beach, M. A.

    1993-01-01

    This paper addresses the problem of handoff in a land mobile satellite (LMS) system between adjacent satellites in a low earth orbit (LEO) constellation. In particular, emphasis is placed on the application of soft handoff in a direct sequence code division multiple access (DS-CDMA) LMS system. Soft handoff is explained in terms of terrestrial macroscopic diversity, in which signals transmitted via several independent fading paths are combined to enhance the link quality. This concept is then reconsidered in the context of a LEO LMS system. A two-state Markov channel model is used to simulate the effects of shadowing on the communications path from the mobile to each satellite during handoff. The results of the channel simulation form a platform for discussion regarding soft handoff, highlighting the potential merits of the scheme when applied in a LEO LMS environment.

  8. Legal aspects of electric power supply. Grid operator obligations between entrepreneurial responsibility and state control; Das Recht der Elektrizitaetsversorgungsnetze. Netzbetreiberpflichten zwischen unternehmerischer Eigenverantwortung und staatlicher Steuerung

    Energy Technology Data Exchange (ETDEWEB)

    Maetzig, Karoline

    2012-07-01

    The publication provides a systematic outline of the legal boundary conditions governing the operation of electric power supply grids. It goes beyond mere regulatory aspects, covering also the projecting and construction of grids, the acquisition or leasing of land for power transmission line construction, operating licenses and utility certification, the organisational structure and purpose of electric utilities, as well as the operating, servicing and enhancement of electricity grids including calculation of electricity rates. In addition to this systematic outline of legal aspects, it is investigated how the balance between entrepreneurial responsibility and state control was defined in the EnWG 2011, and it is discussed if the law provides sufficient room for entrepreneurial decisions.

  9. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    OpenAIRE

    Boom, Willem

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one hand, and malicious protraction, procrastination and rejection of valid claims, on the other hand. Therefore, it is interesting to find that European legal systems diverge considerably in their stance...

  10. Legal aspects of the nuclear fuel cycle and the final storage in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Strassburg, W.

    1983-01-01

    The public discussion on ''the waste disposal of German nuclear power plants'', is, in contrast to former political arguments, more and more determined by legal questions, as for instance the suitability for licensing compact storage and central intermediate storage for spent fuel elements. A quick and partly already occurred clarification of these legal questions by the courts guarantees that the storage facilities, which are planned or are under construction, are available in time. The implementation of the technical-scientific management and disposal concept of nuclear waste in the Atomic Energy Act according to the fourth amendment of 1976 has, on principle, been successful, even if hereby partly open legal questions arose. The clarification of these questions is among other things provided in the framework of the legal regulations, still to be expected, by means of the legal authorization in paragraph 12, paragraph 1, No. 8 and 9 of the Atomic Energy Act, which have the aim ''to regulate the disposal and radioactive wastes comprehensively. (orig./HP) [de

  11. New aspects of the ionospheric response to the October 2003 superstorms from multiple-satellite observations

    Science.gov (United States)

    Lei, Jiuhou; Wang, Wenbin; Burns, Alan G.; Yue, Xinan; Dou, Xiankang; Luan, Xiaoli; Solomon, Stanley C.; Liu, Yong C.-M.

    2014-03-01

    The total electron content (TEC) data measured by the Jason, CHAMP, GRACE, and SAC-C satellites, the in situ electron densities from CHAMP and GRACE, and the vertical E × B drifts from the ROCSAT, have been utilized to examine the ionospheric response to the October 2003 superstorms. The combination of observations from multiple satellites provides a unique global view of ionospheric storm effects, especially over the Pacific Ocean and American regions, which were under sunlit conditions during the main phases of the October 2003 superstorms. The main results of this study are as follows: (1) There were substantial increases in TEC in the daytime at low and middle latitudes during both superstorms. (2) The enhancements were greater during the 30 October superstorm and occurred over a wider range of local times. (3) They also tended to peak at earlier local times during this second event. (4) These TEC enhancement events occurred at the local times when there were enhancements in the upward vertical drift. (5) The strong upward vertical drifts are attributed to penetration electric fields, suggesting that these penetration electric fields played a significant role in the electron density enhancements during these superstorms. Overall, the main contribution of this study is the simultaneous view of the storm time ionospheric response from multiple satellites, and the association of local time differences in ionospheric plasma response with measured vertical drift variations.

  12. Ethical and legal aspects of medical exposure to ionizing radiation in the Netherlands in the year 2000

    International Nuclear Information System (INIS)

    Rijlaarsdam, J.

    2001-01-01

    In ancient times in Greece lived a very wise man. He told physicians; when you treat patients be aware you will 'do good and no harm'. From this specific point of view I kindly ask attention for legal and ethical dimensions of medical exposures of ionizing radiation. This paper gives first a resume of the basic safety standards for radiation protection. Second it gives the legal instruments a patient in the Netherlands has to exercise his right of self-determination. Third, it pays attention to a basic ethical norm for professional attitude. And finally, it brings forward a guideline for self regulation by professionals. (author)

  13. Implementation of Phonetic Orthography of the Ukrainian Language in Galicia and Bukovina in 1892: Political, Legal and National Aspects

    Directory of Open Access Journals (Sweden)

    Ulyana Uska

    2017-07-01

    Full Text Available The article presents an analysis of the Austrian politics regarding the problem of standardization of the Ukrainian language, based on the materials of Austrian State Archives in Vienna and the legal acts of central ministries. We have described the process of introduction of the phonetic spelling in all spheres of life in Galicia and Bukovina, and revealed its geopolitical and nation-oriented meaning. This process was objective and legal; it was based on the principles of the Austro-Slavism and the spirit of modernization.

  14. Medico-legal and legal-penal aspects of expert opinions and adjudication in cases of intoxications with intoxicating agents and ethanol-like intoxicants

    Directory of Open Access Journals (Sweden)

    Monika Ćwiklińska

    2015-08-01

    Full Text Available Introduction: The available legal regulations in Poland do not define the concentration thresholds enabling to differentiate between the states of “after-use” versus “under the influence” of a drug, as it is in the case of alcohol. The aim of the study was to analyse jurisdiction in cases regarding the evaluation of the effects of intoxicating agents and ethanol-like intoxicants and to identify ambiguities and gaps in the applicable regulations leading to problems in preparing expert opinions. Material and methods: The material included the opinions of experts in the field of toxicology and forensic medicine made by the Department of Forensic Medicine in Lublin in the years 2009–2011 and records obtained in the process of inquiry from the regional prosecutor’s offices and courts in 52 cases. Results : Amongst 52 cases in which the ordered toxicology examinations demonstrated the presence of intoxicating agents in drivers’ blood (tetrahydrocannabinols in 39 and amphetamine in 21 cases in 2 cases petty offence proceedings were instituted (Art. 87 of the Petty Offence Code although high concentrations of xenobiotics indicated the state of being “under the influence” of a narcotic drug (Art. 178a of the Penal Code. Three cases were discontinued despite expert opinions that the drivers were at least in the after-narcotic use state. In only 3 cases were witnesses asked to provide testimony about the circumstances of the driver’s conduct. Conclusions : The analysis has demonstrated that judicial bodies expect forensic expertise based exclusively on toxicological examination results; when expert findings are inconclusive, they only administer litigations opportunistically applying the principle of the presumption of innocence understood literally. Considering the above, threshold values of “use” and “influence” of the most commonly detected drugs should be urgently determined.

  15. Gender equality in employment and occupation. European Implementation Assessment. ANNEX I, Legal aspects and direct and indirect discrimination

    NARCIS (Netherlands)

    Burri, S.D.

    2015-01-01

    This research paper on the implementation of Directive 2006/54/EC provides an independent legal analysis of the main provisions of this Directive, taking into account relevant case law of the Court of Justice of the EU. The aim of this paper is also to identify gaps in its implementation at the

  16. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one

  17. Divided Parents, Shared Children : Legal aspects of (residential) co-parenting in England, the Netherlands and Belgium

    NARCIS (Netherlands)

    Nikolina, N.V.

    2015-01-01

    There has been much discussion worldwide on parenting after parental separation, especially on the desirability for the children involved of equally shared care (co-parenting) and the feasibility of legal arrangements in which the children alternate their residence between their parents’ houses

  18. ASPECT spectral imaging satellite proposal to AIDA/AIM CubeSat payload

    Czech Academy of Sciences Publication Activity Database

    Kohout, Tomáš; Näsilä, A.; Tikka, T.; Penttilä, A.; Muinonen, K.; Kestilä, A.; Granvik, M.; Kallio, E.

    2016-01-01

    Roč. 18 (2016) ISSN 1607-7962. [European Geosciences Union General Assembly 2016. 17.04.2016-22.04.2016, Vienna] Institutional support: RVO:67985831 Keywords : CubeSat * asteroid * AIDA * reflectance spectra ASPECT Subject RIV: BN - Astronomy, Celestial Mechanics, Astrophysics http://meetingorganizer.copernicus.org/EGU2016/EGU2016-8434.pdf

  19. Earth Radiation Imbalance from a Constellation of 66 Iridium Satellites: Climate Science Aspects

    Science.gov (United States)

    Wiscombe, W.; Chiu, CJ. Y.

    2012-01-01

    The "global warming hiatus" since the 1998 El Nino, highlighted by Meehl et al., and the resulting "missing energy" problem highlighted by Trenberth et al., has opened the door to a more fundamental view of climate change than mere surface air temperature. That new view is based on two variables which are strongly correlated: the rate of change of ocean heat content d(OHC)/dt; and Earth Radiation Imbalance (ERI) at the top of the atmosphere, whose guesstimated range is 0.4 to 0.9 Watts per square meters (this imbalance being mainly due to increasing CO2). The Argo float array is making better and better measurements of OHC. But existing satellite systems cannot measure ERI to even one significant digit. So, climate model predictions of ERI are used in place of real measurements of it, and the satellite data are tuned to the climate model predictions. Some oceanographers say "just depend on Argo for understanding the global warming hiatus and the missing energy", but we don't think this is a good idea because d(OHC)/dt and ERI have different time scales and are never perfectly correlated. We think the ERB community needs to step up to measuring ERI correctly, just as oceanographers have deployed Argo to measure OHC correctly. This talk will overview a proposed constellation of 66 Earth radiation budget instruments, hosted on Iridium satellites, that will actually be able to measure ERI to at least one significant digit, thus enabling a crucial test of climate models. This constellation will also be able to provide ERI at two-hourly time scales and 500-km spatial scales without extrapolations from uncalibrated narrowband geostationary instruments, using the highly successful methods of GRACE to obtain spatial resolution. This high time resolution would make ERI a synoptic variable like temperature, and allow studies of ERI's response to fast-evolving phenomena like dust storms and hurricanes and even brief excursions of Total Solar Irradiance. Time permitting, we

  20. ["Is there a doctor on board?" - legal aspects of medical care in emergency situations during spare time].

    Science.gov (United States)

    Lindner, Christina; Lindner, Gregor; Exadaktylos, Aristomenis K

    2013-12-11

    Medical emergencies on international flights are not uncommon. In these situations the question often arises whether physicians are obliged to render first aid and whether omission leads to legal consequences. The general obligation to aid those in need applies to everyone, not only to physicians. Evading this duty makes liable to prosecution for omittance of defence of a third person in line with Art. 128 of the Swiss Penal Code, punishable by custodial sentence up to three years or an equivalent punitive fine. Vocational and professional law extend the duty to aid for physicians to urgent cases. Although resulting from the performance of a legal obligation, malpractice occurred in the course of first aid can lead to claims for compensation - even from foreign patients, and that according to their own domestic law.

  1. Ethical, legal and clinical aspects of live surgery in urology - contemporary issues and a glimpse of the future.

    Science.gov (United States)

    Cumpanas, Alin Adrian; Ferician, Ovidiu Catalin; Latcu, Silviu Constantin; Pricop, Catalin; Bardan, Razvan Tiberiu

    2017-01-01

    Beside dry and wet lab training, simulators, video tapes, fellowships and clinical visits, live surgery has gained popularity during the last years, being an attraction point at large scientific meetings and at postgraduate courses as well. This type of surgical training raises both ethical and legal issues. Thus, there are professional societies that have banned such meetings, mainly due to safety reasons for the patient. The current article aims to identify and to discuss ethical and legal issues related to the topic, advantages, disadvantages and weak points of this emerging challenge for modern medicine, trying to analyze the issues from all relevant points of view: those of the patient, the surgeon and the session attendant.

  2. [International legal aspects of responsibility of states and international organizations for the spread of epidemics, pandemics and mass disease].

    Science.gov (United States)

    Kholikov, I V; Sazonova, K L

    2015-08-01

    The present article deals with international legal issues that arise in case when various mass diseases go beyond any national jurisdiction. The emphasis is made on the problem of international responsibility, which different actors have to bear in such cases. The authors also examine the implementation of responsibility mechanism, including the indentication of the relevant international court, authorized to establish such liability and identify the specific forms of its realization.

  3. Ethico-legal aspects of hospital-based blood transfusion practice; implications of professional negligence to medical practitioners: a review

    OpenAIRE

    Orkuma J.A; Ayia O.N.

    2014-01-01

    Background: Blood transfusion is predominantly a hospital-based practice in many resourceconstrained economies like Nigeria, wherein the sourcing, storage, processing and clinical use of blood and blood products resides in the often financial and manpower constrained hospitals. Aim: To identify the ethical and legal issues related to hospital-based blood transfusion practice for medical practitioner. Methods: Relevant articles retrieved via PubMed/MEDLINE and Google scholar search...

  4. LEGAL ASPECTS OF THE TRANSPOSITION OF DIRECTIVE 2001/23/EC REGARDING THE SAFEGUARDING OF EMPLOYEES’ RIGHTS IN THE EVENT OF TRANSFERS IN THE ROMANIAN LAW

    Directory of Open Access Journals (Sweden)

    FELICIA BEJAN

    2013-05-01

    Full Text Available The transfer of undertakings, businesses or parts of undertakings or businesses by legal transfer or merger determine important changes in the structure of the participant entities. The change of their juridical organisation has significant consequences on the employees’ rights, reason why, both nationally and internationally, normative acts that would regulate appropriate safeguarding mechanisms have been adopted. The paper aims to analyse the transposition into national law of the communitarian norms in the field. As a result, the legal aspects with regards to which the legislator chose a restrictive transposition, as well as the additional rights established by them in favour of the employees, in comparison to the directive are identified. At the same time, the study emphasizes the aspects with regards to which the Romanian law requires to be changed and therefore makes some proposals de lege ferenda, so that the transposition of the communitarian normative act into national law would be a precise one and consistent to the other dispositions regarding national law.

  5. The Secret to Legal Foretelling: Generic and Inter-Generic Aspects of Vagueness in Contracts, Patents and Regulations

    Directory of Open Access Journals (Sweden)

    Ismael Arinas Pellón

    2011-06-01

    Full Text Available In this genre analysis research paper, we compare U.S. patents, contracts, and regulations on technical matters with a focus upon the relation between vagueness and communicative purposes and subpurposes of these three genres. Our main interest is the investigation of intergeneric conventions across the three genres, based on the software analysis of three corpora (one for each genre, 1 million words per corpus. The result of the investigation is that intergeneric conventions are found at the level of types of expressed linguistic vagueness, but that intergeneric conventions at the level of actual formulations are rare. The conclusion is that at this latter level the influence from the situation type underlying the individual genre is more important than the overarching legal character of the genres, when we talk about introducing explicit vagueness in the text.El propósito de este artículo es comparar mediante herramientas de lingüística de corpus el uso de la vaguedad en contratos, legislación y patentes de los EE.UU. La comparación se centra en valorar hasta qué punto estos tres géneros comparten las mismas estrategias de vaguedad lingüística para lograr sus objetivos y sub-objetivos comunicativos. Los tres corpus compilados para este estudio comparten una combinación, tanto de lenguaje legal, como tecnológico y cada uno de ellos consta de algo más de un millón de tokens. El resultado de nuestra investigación apunta a que estos tres géneros comparten convenciones en el uso deliberado de tipos de vaguedad lingüística, pero la fraseología concreta de la vaguedad aplicada no es normalmente la misma. La conclusión es que, en este último nivel fraseológico, la situación subyacente en cada género es más importante que el común carácter legal de los géneros cuando se trata de introducir la vaguedad de forma explícita en el texto.

  6. [Judicial and medical/legal aspects of the responsibility of workers appointed to carry out first aid].

    Science.gov (United States)

    Caprioli, L C; Ciavarella, M; Sacco, A

    2005-01-01

    One of the innovations introduced by law 626/94 [the Italian law on occupational health and safety of workers] is the obligation of the employer to designate workers responsible for first aid. To identify and discuss the duties, the role and the medical and legal responsibility of workers appointed to carry out first aid measures. Analysis of legislation and current practice concerning medical and legal responsibility in first aid procedures. The worker appointed to carry out first aid measures is, by virtue of his appointment, obliged to take action. Therefore, he could commit an illegitimate act both by "acting" and by "omitting" to carry out a duty that is his responsibility. In the first case the worker could be accused of committing an unpremeditated criminal offence when his actions involve negligence, imprudence, inexperience or violation of regulations concerning his duties. A "serious criminal offence" is committed when the most elementary rules of diligence, prudence and skill are violated; the offence is "slight" when negligence, imprudence or inexperience are involved in particularly complex situations. The reference parameter for inexperience is not a first aid volunteer, nor a member of the public, but a worker designated to carry out first aid possessing "average" attitudes, training and ability. Briefly, a guilty error by the appointed worker consists of the following: i) the professional conduct of the operator was clearly wrong, serious and unjustifiable; ii) the operator clearly omitted doing his/her duty; iii) the consequence of the error is physical personal damage. The observations made clearly illustrate the delicacy of the tasks of the worker appointed to carry out first aid measures. Essential elements for minimizing wrong and/or negligent conduct are appropriate choice of the designated workers and their adequate training.

  7. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Directory of Open Access Journals (Sweden)

    Puybasset Louis

    2011-02-01

    Full Text Available Abstract To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  8. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Science.gov (United States)

    2011-01-01

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made. PMID:21303504

  9. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective.

    Science.gov (United States)

    Baumann, Antoine; Claudot, Frédérique; Audibert, Gérard; Mertes, Paul-Michel; Puybasset, Louis

    2011-02-08

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  10. Medico legal aspects of self-injection of metallic mercury in cases of suicide or self-harming.

    Science.gov (United States)

    Da Broi, Ugo; Moreschi, Carlo; Colatutto, Antonio; Marcon, Barbara; Zago, Silvia

    2017-08-01

    Metallic mercury may be self-injected for suicidal or self-harm purposes or sometimes for superstitious or other inadvisable reasons. Local tissue or systemic consequences such as mercurialism can frequently occur in cases of subcutaneous or deep injection, while death due to pulmonary embolism and cardiac, brain, hepatic or renal toxicity may occur in cases of high dosage intravenous administration. The aim of this review is to focus on the diagnostic difficulties facing coroners and forensic pathologists when the courts require confirmation that evidence of self-injection of metallic mercury is the result of suicide or self-harming. Forensic examination performed on the corpses of victims who died in or out of hospital or on surviving injured or intoxicated victims showing signs of mercurialism, demands the careful evaluation of the death scene, of all related circumstances and of the clinical and autopsy data. Close interaction between forensic pathologists and toxicologists is also needed to identify and quantify mercury levels in blood, urine and tissue. Copyright © 2017 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  11. Is The Late Mandibular Fracture From Third Molar Extraction a Risk Towards Malpractice? Case Report with the Analysis of Ethical and Legal Aspects

    Directory of Open Access Journals (Sweden)

    Weuler dos Santos Silva

    2017-06-01

    Full Text Available Objectives: The present study reports a case of late mandibular fracture due to third molar extraction and highlights the inherent clinical, ethical and legal aspects related to this surgical complication. Material and Methods: A female patient underwent surgical procedure for the extraction of the mandibular right third molar. Two days after the surgery the patient reported pain and altered occlusion in the right side of the mandible. After clinical and radiographic re-examination, the diagnosis of late mandibular fracture was established. A second surgery, under general anaesthesia, was performed for the fixation of the mandibular bone. Results: The fractured parts were reduced and fixed with locking plate systems and 2 mm screws following load-sharing principles. The masticatory function showed optimal performance within 7 and 21 days after the surgery. Complete bone healing was observed within 1 year of follow-up. Conclusions: For satisfactory surgical outcomes, adequate surgical planning and techniques must be performed. Signed informed consents explaining the risks and benefits of the treatment must be used to avoid ethical and legal disputes in dentistry.

  12. The role and place of international organizations in the settlement of armed conflicts in the southeast of Ukraine (legal aspects

    Directory of Open Access Journals (Sweden)

    Ігор Володимирович Євтушенко

    2016-01-01

    Full Text Available Problem setting. Armed conflict in the Donetsk and Lugansk regions led to significant losses as personnel of military units and special law enforcement agencies of Ukraine and civilian casualties Ukraine. Under these conditions, according to most politicians and political scientists to modern standards of international law crisis management in Ukraine is possible only through the mediation of international organizations. International organizations have a tool for early detection, warning and conflict prevention and crisis management and post-conflict rehabilitation, they are engaged in a wide range of security issues, including arms control, preventive diplomacy, confidence-building measures, human rights, monitoring elections, economic and environmental security and so on. Recent research and publications analysis. In the literature of recent years certain issues affecting the regulatory and legal framework of international organizations in the field of security. However, scientific research towards the place and role of international organizations in resolving the internal armed conflict in research paid insufficient attention. Paper objective. The article is to examine the nature of international security organizations, evaluating the effectiveness of their work to resolve the situation in the Donetsk and Lugansk regions and providing relevant proposals. Paper main body. The primary place in the order of settlement of the armed conflict in the South East Ukraine has a key intergovernmental international organizations dealing with peace and security in the world – the United Nations (UN and the Organization for Security and Cooperation in Europe (OSCE. The new National Security Strategy of Ukraine of 05.06.2015 p. Indicated that the aggression of Russia against Ukraine increased the urgency of reforming the Security Council. As part of the UN General Assembly will focus the government of Ukraine will support such initiatives to reform the

  13. Survey of legal aspects, regulations, standards and guidelines applicable to radioactive waste management of the Brazilian Multipurpose Reactor - RMB

    International Nuclear Information System (INIS)

    Salvetti, T.C.; Marumo, J.T.

    2017-01-01

    In Brazil, the Brazilian Nuclear Energy Commission (CNEN) and Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) are the agencies responsible for the execution, regulation and control of nuclear and environmental policies, respectively. Such regulatory activities are very comprehensive (IBAMA) or too specific (CNEN), revealing other aspects that would, also, need to be observed so that the management could be carried out efficiently (quality) and effectively (safety), including the three governmental administrative levels: Federal, State and Municipal. In addition to laws, regulations, decrees and resolutions, there are also national and international standards and guides that provide guidelines for structuring the current management and the use of best regulatory practices. The Brazilian Multipurpose Reactor Enterprise (RMB) is a CNEN project, complying with a Multi-Year Plan of the Brazilian Ministry of Planning, Development and Management (MPDG). The Enterprise is being developed under the responsibility of the Directorate of Research and Development - DPD of CNEN and will have a facility for treatment and initial temporary storage of the radioactive waste generated by the operation of the research reactor and the activities carried out in the associated laboratories. The RMB will be built in the city of IPERÓ, located in the state of São Paulo, near ARAMAR Experimental Center of the Brazilian Navy. This work aims to present the research results regarding the various aspects that regulate, legislate and standardize the practices proposed to the Radioactive Waste Management of the RMB project. (author)

  14. Survey of legal aspects, regulations, standards and guidelines applicable to radioactive waste management of the Brazilian Multipurpose Reactor - RMB

    Energy Technology Data Exchange (ETDEWEB)

    Salvetti, T.C.; Marumo, J.T., E-mail: salvetti@ipen.br [Instituto de Pesquisas Energéticas e Nucleares (IPEN/CNEN-SP), São Paulo, SP (Brazil)

    2017-07-01

    In Brazil, the Brazilian Nuclear Energy Commission (CNEN) and Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) are the agencies responsible for the execution, regulation and control of nuclear and environmental policies, respectively. Such regulatory activities are very comprehensive (IBAMA) or too specific (CNEN), revealing other aspects that would, also, need to be observed so that the management could be carried out efficiently (quality) and effectively (safety), including the three governmental administrative levels: Federal, State and Municipal. In addition to laws, regulations, decrees and resolutions, there are also national and international standards and guides that provide guidelines for structuring the current management and the use of best regulatory practices. The Brazilian Multipurpose Reactor Enterprise (RMB) is a CNEN project, complying with a Multi-Year Plan of the Brazilian Ministry of Planning, Development and Management (MPDG). The Enterprise is being developed under the responsibility of the Directorate of Research and Development - DPD of CNEN and will have a facility for treatment and initial temporary storage of the radioactive waste generated by the operation of the research reactor and the activities carried out in the associated laboratories. The RMB will be built in the city of IPERÓ, located in the state of São Paulo, near ARAMAR Experimental Center of the Brazilian Navy. This work aims to present the research results regarding the various aspects that regulate, legislate and standardize the practices proposed to the Radioactive Waste Management of the RMB project. (author)

  15. Legal Aspects of the Implementation of European Union’s Common Commercial Policy: Lithuanian Experience and Practice

    Directory of Open Access Journals (Sweden)

    Valantiejus Gediminas

    2016-12-01

    Full Text Available The Common Commercial Policy is the essential basis of the European Union (hereinafter - the EU, which, in particular, is a free trade area between the 28 Member States with a common external customs tariff and a common foreign trade policy as well as common trade rules with the third countries. Implementation of this policy is characterized by the fact that it is based on an exclusive competence of the EU, which after the Treaty of Lisbon (2009 became even more apparent. Therefore the countries of the EU should follow the same legal principles and rules in the regulation of their foreign trade, that is to apply the uniform EU rules on the calculation of customs duties and determination of the customs origin of goods, customs valuation and tariff classification of goods (Common Customs Tariff. However, implementation of these provisions is always experiencing stress due to the different interests of the EU Member States and the different national practices, especially when the administration of customs duties is actually implemented only at the level of individual EU Member States. Therefore the aim of the article is to assess the implementation of the EU’s CCP from the perspective of the EU Member State (Lithuania and to describe existing discrepancies which may serve as an obstacle for the development of common regulatory regime for import customs duties in the EU or hinder its main economic goals in international trade. Analysis of relevant scientific problems is mainly based on the comparative method (comparison of the practice of the national courts in the Republic of Lithuania and the Court of Justice of the European Union in disputes related to the functioning of the EU's customs union and generalization of professional experience (national and EU judicial practice. The research leads to the conclusion that a uniform implementation of Common Commercial Policy and the Common Customs Tariff, as its main element, is not fully ensured on

  16. The intellectual property of content published in virtual campuses: what legal and technological aspects should be considered?

    Directory of Open Access Journals (Sweden)

    Carina Soledad González-González

    2017-01-01

    Full Text Available Actualmente, todas las universidades tienen plataformas de teleformación (LMS para apoyar su docencia presencial o brindar titulaciones a distancia o semipresenciales. Estas plataformas se conocen como Campus Virtuales . Los Campus Virtuales de las instituciones educativas se han ido convirtiendo paulatinamente en repositorios institucionales de contenido educativo. El contenido que alojan dichos campus virtuales es principalme nte material de apoyo docente producido por el propio profesorado universitario para el alumnado de la misma institución, y el acceso está restringido a la comunidad universitaria. Asimismo, las universidades están legalmente obligadas a tener repositorios de contenidos digitales en abierto y a difundir en abierto su producción académica financiada con fondos públicos. Sin embargo, las entidades de derechos de autor reclaman a las universidades el pago de dichos derechos, alegando que existe infracción en l a publicación de contenidos digitales para uso docente en los campus virtuales . Al existir millones de recursos educativos publicados por el profesorado y por el alumnado en las aulas virtuales , actualizándose permanentemente, se hace materialmente imposib le su revisión y control por parte de los servicios universitarios responsables, y por ello, las entidades de gestión piden el pago de una “cuota”, no de los materiales publicados que están realmente protegidos con copyright . Por ello, en este trabajo pres entamos un análisis del marco legal de los derechos de autor y la propiedad intelectual de los contenidos digitales de las universidades, especialmente para el contexto español, así como distintas soluciones tecnológicas que permiten promover el acceso abi erto a los contenidos. En particular, se presenta el caso de la Universidad de La Laguna, y las acciones que se han llevado a cabo en este sentido, incluyendo un desarrollo tecnológico para Moodle que permite identificar el contenido

  17. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  18. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  19. Legal and regulatory aspects of optimization comprehensive support service and combat activity of the Security service of Ukraine and the National guard of Ukraine emergency social situation

    Directory of Open Access Journals (Sweden)

    В. В. Мацюк

    2015-05-01

    Full Text Available Problem setting. The status of comprehensive support of military units in the world’s leading powers is considered to be one of the key factors which defines the success of the social emergency settling operations. The experience of service and military application of the National Guard of Ukraine in the anti-terrorist operation zone on the South-East of Ukraine shows that emergency response tasks are generally carried out in cooperation with other Ukrainian security sector authorities, mostly with the Security Service of Ukraine. However, the forces joint managing authority chiefs usually do not cover the matter of such activities’ comprehensive support, which forces the commanders of the military units to rely on themselves in this question. Recent research and publications analysis. The analysis of research of status and development prospects of the comprehensive support of the Armed Forces of Ukraine, other security authorities, armies of the world’s leading powers, peculiarities of creation and functioning of such systems, application of their means and powers, scientific thought on the problems of service and military application of the National Guard units has shown the problematic tasks of the joint unit comprehensive support system optimization. Therefore, the question of regulatory and legal support of this process is of current importance. Paper objective. The objective of this paper is to define regulatory and legal aspects of comprehensive support optimization of the Security Service of Ukraine and the National Guard of Ukraine service and combat activities during social emergencies. Paper main body. According to the current legislation, comprehensive support comprises of the following types of support: operative (also called military, moral and psychological, materiel (logistical. All other types of support are parts of these three basic ones. Their examination is necessary due to the fact, that there is confusion in the

  20. AIM satellite-based research bridges the unique scientific aspects of the mission to informal education programs globally

    Science.gov (United States)

    Robinson, D.; Maggi, B.

    2003-04-01

    The Education and Public Outreach (EPO) component of the satellite-based research mission "Aeronomy of Ice In the Mesosphere" (AIM) will bridge the unique scientific aspects of the mission to informal education organizations. The informal education materials developed by the EPO will utilize AIM data and educate the public about the environmental implications associated with the data. This will assist with creating a scientifically literate workforce and in developing a citizenry capable of making educated decisions related to environmental policies and laws. The objective of the AIM mission is to understand the mechanisms that cause Polar Mesospheric Clouds (PMCs) to form, how their presence affects the atmosphere, and how change in the atmosphere affects them. PMCs are sometimes known as Noctilucent Clouds (NLCs) because of their visibility during the night from appropriate locations. The phenomenon of PMCs is an observable indicator of global change, a concern to all citizens. Recent sightings of these clouds over populated regions have compelled AIM educators to expand informal education opportunities to communities worldwide. Collaborations with informal organizations include: Museums/Science Centers; NASA Sun-Earth Connection Forum; Alaska Native Ways of Knowing Project; Amateur Noctilucent Cloud Observers Organization; National Parks Education Programs; After School Science Clubs; Public Broadcasting Associations; and National Public Radio. The Native Ways of Knowing Project is an excellent example of informal collaboration with the AIM EPO. This Alaska based project will assist native peoples of the state with photographing NLCs for the EPO website. It will also aid the EPO with developing materials for informal organizations that incorporate traditional native knowledge and science, related to the sky. Another AIM collaboration that will offer citizens lasting informal education opportunities is the one established with the United States National Parks

  1. Acceptability of CO2 capture and storage. A review of legal, regulatory, economic and social aspects of CO2 capture and storage

    International Nuclear Information System (INIS)

    De Coninck, H.C.; Groenenberg, H.; Anderson, J.; Curnow, P.; Flach, T.; Flagstad, O.A.; Norton, C.; Reiner, D.; Shackley, S.

    2006-05-01

    Capture and storage of CO2 (CCS) has been studied as an option in the portfolio of climate change mitigation strategies for about 20 years. Although the technical maturity of CCS is generally less than other mitigation options, such as renewable energy or energy efficiency, many of the CCS components are generally regarded as mature enough for deployment. CCS, however, has a number of other aspects that may inhibit its deployment. The aim of the ACCSEPT project is to identify the main gaps in knowledge in the non-technical aspects of CCS, to research them, and to propose recommendations to address them. Although in the recent past several large and influential reports have been published in the field of CCS, many of them have focussed on the technical aspects of CCS. The IPCC Special Report on CCS did not have the mandate to address policy aspects and could only touch upon public perception issues. An IEA report focussed on the costs and economic aspects of CCS and touched upon regulatory and risk issues, but was at the time of publication unable to dive deep into it. This report provides a critical literature review for the non-technical aspects of CCS in the following categories: (a) Legal issues: National and international legislation relevant to CCS. Examples include national drinking water and mining laws, and the London Convention (Chapter 2). (b) Regulatory issues: National and international policies in the field of energy or climate change that can act as support mechanisms for CCS (Chapter 3). (c) Costs and economics: Addresses the question whether the current costs assumed for CCS are interpreted correctly, and reviews the assumptions made in economic models informing the policymaking process (Chapter 4). (d) Social and acceptability issues: A review of all studies currently done that focus on public perception of CCS. Methods used are questionnaires with lay public, focal group discussions, and expert polls (Chapter 5). (e) Crosscutting issues: CCS as a

  2. Linguistic Aspects of Legal Language.

    Science.gov (United States)

    Crandall, JoAnn; Charrow, Veda R.

    Efforts to simplify language used in consumer documents come from the consumer movement and a public disillusioned with big business and government. Even before President Carter's 1978 executive order mandating simplification in government regulations, some agencies were revising regulations for clarity. However, these efforts were based on too…

  3. Legal aspects of the control and repression of illicit trafficking of nuclear and other radioactive materials. Is there a need for an international convention?

    International Nuclear Information System (INIS)

    Spence, Scott

    2012-01-01

    It is generally recognised that illicit trafficking of nuclear and other radioactive materials is a serious problem, and one that must be tackled with a comprehensive response involving national governments as well as a number of intergovernmental organisations including the International Atomic Energy Agency (IAEA). The IAEA notes that 1 773 incidents were reported to its Illicit Trafficking Database, or ITDB, between January 1993 and December 2009, and that 351 of these involved '... unauthorized possession and related criminal activities' such as '... illegal possession, movement or attempts to illegally trade in or use nuclear material or radioactive sources'. The IAEA adds that 222 more incidents were confirmed between July 2009 and June 2010 and concludes that: - the availability of unsecured nuclear and other radioactive material persists; - effective border control measures help to detect illicit trafficking, although effective control is not uniformly implemented at all international border points; and - individuals and groups are prepared to engage in trafficking this material. A disturbing trend is trafficking in particularly sensitive regions of the world, such as in countries that were formerly a part of the former Soviet Union. In November 2010, Georgian officials seized four individuals allegedly trying to sell cesium-137, which though fairly common can be used to make a radiological dispersion device (RDD) or 'dirty bomb'. This closely followed a court case in Georgia involving Armenian nationals who had attempted to sell weapon-grade plutonium. More recently, in June 2011, Moldovan police arrested six individuals suspected of trafficking in uranium-235. In view of the problem, this paper considers whether an international convention specifically targeting illicit trafficking is needed or not. The paper does not go conceptually beyond the legal aspects of controlling and repressing illicit trafficking; rather, it will look at whether the existing

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

    International Nuclear Information System (INIS)

    Courteix, S.

    1992-01-01

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

  5. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    Science.gov (United States)

    Farhana

    2018-01-01

    Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…

  6. Trabalho infanto-juvenil: motivações, aspectos legais e repercussão social Child and adolescent labor: factors, legal aspects, and social repercussions

    Directory of Open Access Journals (Sweden)

    Otávio Cruz Neto

    1998-04-01

    analyze situations in which work activities may or may not be allowed for children and adolescents, settling possible points of disagreement between the three legal texts and analyzing their social aspects.

  7. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  8. The Current State of the System of Mechanisms of Realisation and Protection of the Rights of the Child: Conceptual and Legal Aspects

    Science.gov (United States)

    Drozdova, Alexandra Michailowna; Gulakova, Violetta Yurevna; Ivanchenko, Elena Anatolevna; Lesnichenko, Inna Pavlovna; Tereshchenko, Elena Anatolevna

    2016-01-01

    The article is devoted to the analytical understanding of the problems in the field of realisation and protection of the rights of children in Russia to identify and highlight existing problems in order to try to remove shortcomings and embark on further development and improvement of the legal and social mechanisms for the protection of…

  9. Liability and Safety in Physical Education and Sport: A Practitioner's Guide to the Legal Aspects of Teaching and Coaching in Elementary and Secondary Schools.

    Science.gov (United States)

    Hart, James E.; Ritson, Robert J.

    This second edition contains updated information and new case studies, offering guidance for safer programs and management of risk while reinforcing sound educational practices. The book features overviews of legal concepts and presents examples of situations from the trenches. Case studies illustrate a variety of teacher, coach, and administrator…

  10. Satellite Communications

    CERN Document Server

    Pelton, Joseph N

    2012-01-01

    The field of satellite communications represents the world's largest space industry. Those who are interested in space need to understand the fundamentals of satellite communications, its technology, operation, business, economic, and regulatory aspects. This book explains all this along with key insights into the field's future growth trends and current strategic challenges. Fundamentals of Satellite Communications is a concise book that gives all of the key facts and figures as well as a strategic view of where this dynamic industry is going. Author Joseph N. Pelton, PhD, former Dean of the International Space University and former Director of Strategic Policy at Intelstat, presents a r

  11. Trends in communications satellites

    CERN Document Server

    Curtin, Denis J

    1979-01-01

    Trends in Communications Satellites offers a comprehensive look at trends and advances in satellite communications, including experimental ones such as NASA satellites and those jointly developed by France and Germany. The economic aspects of communications satellites are also examined. This book consists of 16 chapters and begins with a discussion on the fundamentals of electrical communications and their application to space communications, including spacecraft, earth stations, and orbit and wavelength utilization. The next section demonstrates how successful commercial satellite communicati

  12. Addressing legal and political barriers to global pharmaceutical access: options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards.

    Science.gov (United States)

    Cohen-Kohler, Jillian Clare; Forman, Lisa; Lipkus, Nathaniel

    2008-07-01

    Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions - particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

  13. La huelga de hambre en el ámbito penitenciario: aspectos éticos, deontológicos y legales Hunger striking in prisons: ethics and the ethical and legal aspects

    Directory of Open Access Journals (Sweden)

    J. García-Guerrero

    2013-06-01

    Full Text Available La huelga de hambre es una forma de reivindicación frecuente en prisiones y puede llegar a ocasionar multitud de problemas de todo tipo, tanto a la Administración penitenciaria como a los médicos encargados de la asistencia a los presos que la hacen. Asuntos como el conflicto de derechos y obligaciones en juego, así como la forma de tratarla en personas que están sujetas a la Administración, que en este caso adopta una posición de garante, han generado no poca polémica doctrinal. La objeción de conciencia y el conflicto de doble fidelidad de los médicos que trabajan en las prisiones son también asuntos muy ligados a una huelga de hambre penitenciaria. En este trabajo se revisará la solución que se da al problema del tratamiento de la huelga de hambre penitenciaria desde tres perspectivas: ética, deontológica y legal.Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal.

  14. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...

  15. The evolution of legal aspects on the Brazilian electric power sector, a critical analysis; Evolucao dos marcos regulatorios do mercado de energia eletrica no Brasil, uma analise critica

    Energy Technology Data Exchange (ETDEWEB)

    Bastos, Adriano Silva

    2007-07-01

    The electric sector went through deep changes along these 125 years of electrification of the country, mainly the alternation of their investment bases, hour being private for the most part, state hour. The legal bases of concession and regulation also varied in this period, trying to adapt to the effective model of the time. This work intends to analyze the evolution of the regulatory models of the electric sector, identifying the main changes of paradigms and to compare the efficiency of the models already implanted in the segment, with views to the increment of the offer of energy in the period, molding a critical profile of the best model already adopted in the national electric sector. To compare qualitatively these models requests an analysis of the investment bases a priori in the sector, identifying the contribution of resources has been private or state, following by the government's legal positioning in the sense of being only regulator, or regulator and investor, concluding with an analysis of the electric power offer in the period and the power of self-financing of the companies, in order to assent that the mixed model is the most appropriate model for the sustainable growth of the electric power generation sector in Brazil. (author)

  16. The evolution of legal aspects on the Brazilian electric power sector, a critical analysis; Evolucao dos marcos regulatorios do mercado de energia eletrica no Brasil, uma analise critica

    Energy Technology Data Exchange (ETDEWEB)

    Bastos, Adriano Silva

    2007-07-01

    The electric sector went through deep changes along these 125 years of electrification of the country, mainly the alternation of their investment bases, hour being private for the most part, state hour. The legal bases of concession and regulation also varied in this period, trying to adapt to the effective model of the time. This work intends to analyze the evolution of the regulatory models of the electric sector, identifying the main changes of paradigms and to compare the efficiency of the models already implanted in the segment, with views to the increment of the offer of energy in the period, molding a critical profile of the best model already adopted in the national electric sector. To compare qualitatively these models requests an analysis of the investment bases a priori in the sector, identifying the contribution of resources has been private or state, following by the government's legal positioning in the sense of being only regulator, or regulator and investor, concluding with an analysis of the electric power offer in the period and the power of self-financing of the companies, in order to assent that the mixed model is the most appropriate model for the sustainable growth of the electric power generation sector in Brazil. (author)

  17. International Satellite Law

    Science.gov (United States)

    von der Dunk, Frans

    2017-07-01

    International space law is generally considered to be a branch of public international law. In that sense, it constitutes a "subset of rules, rights and obligations of states within the latter specifically related to outer space and activities in or with respect to that realm." Dealing with an inherently international realm, much of it had been developed in the context of the United Nations, where the key treaties are even adhered to by all major space-faring countries. In addition, other sources—including not only customary international law but also such disputed concepts as "soft law" and political guidelines and recommendations—also contributed to the development of a general framework legal regime for all of mankind's endeavors in or with respect to outer space. Originally, this predominantly included scientific and military/security-related activities, but with the ongoing development of technology and a more practical orientation, it increasingly came to encompass many more civilian and, ultimately, even commercial activities, largely through downstream applications originating from or depending on space technology and space activities. Important here are the overarching, usually more theoretical aspects of international space law, which include how it was developed or continues to be developed, what special roles do "soft law" or the military aspects of space activities play in this regard, and how do national space laws (also) serve as a tool for interpretation of international space law. Also important is the special category of launches and other space operations in the sense of moving space objects safely into, through and—if applicable—back from outer space. Without such operations, space activities would be impossible, yet they bring with them special concerns; for instance, in terms of liability, the creation of space debris and even the legal status and possible commercialization of natural resources produced from celestial bodies. Finally

  18. Aspectos legales, sociales y subjetivos del sistema de Probation: Análisis a través de un estudio cuali-cuantitativo de campo The legal, social and subjective aspects of the probation system: A quali-quantitative analysis

    Directory of Open Access Journals (Sweden)

    Irene Corach

    2009-12-01

    Full Text Available Entre las medidas alternativas a la privación de libertad, la probation ha surgido como la opción más significativa puesto que, por una parte, se contrapone a la reclusión carcelaria como el modelo más extendido y aceptado de sanción penal, y por otra, responde a variantes políticas, históricas y sociales vinculadas al paradigma de los Derechos Humanos. A partir de una investigación de campo, el presente estudio analiza los aspectos legales de la medida, las representaciones sociales en torno a ella y la función del psicólogo involucrado en la implementación de esta práctica jurídica.Among the alternative measures to imprisonment, probation has arisen like the most significant option since, on the one hand, it is opposed to the prison which is the most extended and accepted model of penal sanction, and on the other, it responds to political, historical and social variants tie to the paradigm of the Human Rights. Through a field research, the present study analyzes the legal aspects of the measure, the social representations around it, and the role of psychologists involved in the implementation of this legal practice.

  19. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  20. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

    This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

  1. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...

  2. Handbook of satellite applications

    CERN Document Server

    Madry, Scott; Camacho-Lara, Sergio

    2017-01-01

    The first edition of this ground breaking reference work was the most comprehensive reference source available about the key aspects of the satellite applications field. This updated second edition covers the technology, the markets, applications and regulations related to satellite telecommunications, broadcasting and networking—including civilian and military systems; precise satellite navigation and timing networks (i.e. GPS and others); remote sensing and meteorological satellite systems. Created under the auspices of the International Space University based in France, this brand new edition is now expanded to cover new innovative small satellite constellations, new commercial launching systems, innovation in military application satellites and their acquisition, updated appendices, a useful glossary and more.

  3. Medical-legal aspects of the fungal infection drug therapy in neonatology: evidence-based medicine and off-label prescribing

    Directory of Open Access Journals (Sweden)

    Marta Ciuffi

    2014-06-01

    Full Text Available The aim of this paper is to focus on the well-known issue of the clinical use of off-label drug therapy in neonatology with respect to evidence-based medicine, with particular reference to antifungal products, in comparison with the wider use in pediatric and adult population. Then we considered the new regulatory approaches carried out in the past decade by the FDA (Food and Drug Administration and the EMA (European Medicine Agency, aimed to improve newborn and children population inclusion into scientific trials and to promote drug labeling with respect to pediatric indications, and the goals nowadays achieved through the American Pediatric Research Equity Act / Best Pharmaceuticals for Children Act and the European Pediatric Investigation Plans. Finally we pointed out, on the basis of the Italian regulatory framework, the Italian medical-legal liability profiles related to the use of off-label therapies in neonatology. Further efforts are required in the international context to carry forward the process started while in the particular Italian scenario it is to be hoped that a general change of mind towards the off-label drug use in neonatology clinical practice may take place.

  4. ASPECTOS ÉTICOS Y LEGALES DE LA INVESTIGACIÓN CIENTÍFICA EN BRASIL ASPECTOS ÉTICOS E LEGAIS DA PESQUISA CIENTÍFICA NO BRASIL ETHICAL AND LEGAL ASPECTS OF SCIENTIFIC RESEARCH IN BRAZIL

    Directory of Open Access Journals (Sweden)

    Paulo Roberto da Silva

    2010-06-01

    ção humana, das pesquisas com populações indígenas, das pesquisas em genética humana, dos projetos multicêntricos e das bases de dados biológicas. Pode-se concluir que existem leis de amparo à pesquisa científica no Brasil, estabelecendo prioridades nacionais, determinando direitos e deveres dos pesquisadores e dos sujeitos de pesquisa. Existe um sistema nacional de regulação ética; todavía estabelecido por resoluções do poder executivo. As resoluções incluem diversas temáticas associadas com a investigação científica, incluindo as diretrizes mundiais acerca da ética em pesquisa, considerando até a Declaração de Helsinki.This article has searched and analyzed the regulatory process of the ethics of scientific research in Brazil. The methodology consisted in a systematic review, characterized by a bibliographical and documental study, results being analyzed by the content analysis technique. Legal documents studied dealt mainly with constitutional guaranties associated with scientific research, system of ethics regulation, definition of user, clinical investigations, investigations with foreign cooperation, treatment and diagnosis safeguards, human reproduction research, research with aboriginal populations, human genetics research, multicenter projects and biological data bases. It can be concluded that there are protection laws for scientific research in Brazil, establishing national priorities, determining researchers and research subjects rights and duties. There is a national system of ethics regulation established by resolutions of legislative power. Resolutions include diverse topics associated with scientific research, in line with world guidelines for research ethics, in this case the Helsinki Declaration.

  5. Legality in multiple legal orders

    NARCIS (Netherlands)

    Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

    2010-01-01

    This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

  6. Legal aspects of data and information used in oil and gas exploration and production; O regime juridico dos dados e informacoes de exploracao e producao de petroleo e gas natural

    Energy Technology Data Exchange (ETDEWEB)

    Bucheb, Jose Alberto [PETROBRAS, Rio de Janeiro, RJ (Brazil)

    2004-07-01

    The utilization of data and information related to the Brazilian sedimentary basins constitutes an essential element in any petroleum exploration and production venture, as well as in the technical and scientific works of this area of study and, for this reason, this technical asset, according to article 22 of the Petroleum Law, is considered part of the national petroleum resources, to be collected, maintained, and administered by the ANP. This issue is also regulated in other articles of the Petroleum Law, the ANP tender protocols, the concession contracts and the ANP ordinances no. 188/1998 and n. 114/2000. In this context, the evolution of the pertinent legal instruments is discussed, aiming at the analysis of the existing conflicts of rules, the rights and obligations of the regulatory agency, the petroleum companies, the service companies and the technical and scientific community. Some aspects of the international oil industry practices are also analyzed vis-a-vis the Brazilian Law. (author)

  7. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...

  8. Prawne aspekty wykorzystania wizerunku sportowca w świetle działań marketingowych = Legal aspects of athletes' image rights usage in the light of marketing activities

    Directory of Open Access Journals (Sweden)

    Krzysztof M. Westfal

    2016-06-01

    Summary                 Usually the law is at least one step behind the market demands. Economic potential of athletes’ image rights has been recognized by marketing specialists many years ago. Selling image rights brings huge amounts of money to professional athletes each year. In market practice and in the realities of professional sport, commercial character of the image rights has become a fact.                 Also noticeable tendencies in development of Polish law interpretation seems to acknowledge that fact. Latest attempts of redefining nature of the image rights as economical or mixed economical-personal one deserves for approval.                 The importance of the issue of professional athletes’ image has found its reflection in legislation. Art. 14 par. 1-3 of the Sports Act of 25th June 2010 sets lex specialis to art. 23 and 24 paragraphs 1-3 of the Polish Civil Code as well as to art. 81 par. 1 and 2 of the Copyright and Related Rights Act of 4th February 1994 which sets general legal frameworks for image rights in Poland. Abovementioned provisions of the Sport Act grants the Polish sports unions and the Polish Olympic Committee with the exclusive right to use, in order to their business goals, image of the athletes wearing, respectively, the Polish national team outfit or the Olympic team outfit.                 Specific legal provisions functioning in relation to the professional athletes’ image were also the subject of the case law of the Supreme Court. Of key importance for the interpretation of art. 14 paragraphs 1-3 of the Sports Act has a Supreme Court judgment of 16th December 2009, I CSK 160/09, which was issued on the basis of art. 33 paragraph 1 and 2 of the repealed Qualified Sport Act.                 For issues of athletes image usage not without significance is the fact that professional athletes usually have the status of a commonly known persons. In

  9. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  10. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  11. * Ethical Issues in the Use of Animal Models for Tissue Engineering: Reflections on Legal Aspects, Moral Theory, Three Rs Strategies, and Harm-Benefit Analysis.

    Science.gov (United States)

    Liguori, Gabriel R; Jeronimus, Bertus F; de Aquinas Liguori, Tácia T; Moreira, Luiz Felipe P; Harmsen, Martin C

    2017-12-01

    Animal experimentation requires a solid and rational moral foundation. Objective and emphatic decision-making and protocol evaluation by researchers and ethics committees remain a difficult and sensitive matter. This article presents three perspectives that facilitate a consideration of the minimally acceptable standard for animal experiments, in particular, in tissue engineering (TE) and regenerative medicine. First, we review the boundaries provided by law and public opinion in America and Europe. Second, we review contemporary moral theory to introduce the Neo-Rawlsian contractarian theory to objectively evaluate the ethics of animal experiments. Third, we introduce the importance of available reduction, replacement, and refinement strategies, which should be accounted for in moral decision-making and protocol evaluation of animal experiments. The three perspectives are integrated into an algorithmic and graphic harm-benefit analysis tool based on the most relevant aspects of animal models in TE. We conclude with a consideration of future avenues to improve animal experiments.

  12. Estatuto da Cidade: aspectos epistemológicos, sociopolíticos e jurídicos Statute of the City: epistemological, social political and legal aspects

    Directory of Open Access Journals (Sweden)

    Sérgio Luís Boeira

    2009-06-01

    Full Text Available Este artigo contribui com o debate sobre o Estatuto da Cidade (EC, vinculando-o a diferentes abordagens e clivagens subjacentes à crise da modernidade. Aspectos epistemológicos e teóricos são relevantes, mas têm sido negligenciados no debate. Neste artigo tais aspectos são abordados introdutoriamente. Faz-se também uma breve comparação de três enfoques especializados em direito urbanístico sobre artigos do EC, evidenciando-se a ausência de consenso e a necessidade de uma reflexão mais abrangente. Conclui-se que o que está em disputa no debate do EC são os recursos para a compreensão dos desafios de sua implementação, que envolvem especialmente três fatores: a abordagem comparativa entre os enfoques de especialistas do direito urbanístico; abordagem inter e transdisciplinar, com a contribuição do paradigma da complexidade; e a abordagem democrático-participativa, com políticas públicas orientadas pelas teorias e experiências relativas à terceira via e à formação de capital social.This article brings a contribution to the debate on the Statute of the City (SC, linking it to different approaches and underlying cleavages of the crisis of modernity. The article introduces relevant epistemological and theoretical aspects that have been neglected in this debate and briefly compares three specialized urban law approaches to articles of the SC, showing absence of consensus and the need for a comprehensive reflexion. To conclude, what is in dispute in the EC debate are the resources for the understanding of the challenges of its implementation, which involves especially three factors: the comparative approach to the views of urban law specialists; an inter and trans-disciplinary approach, with the contribution of the complexity paradigm; a democratic-participative perspective, with public policies oriented by the theories and experiences of the third way and the formation of social capital.

  13. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

    Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

  14. Small scale production of vegetal coal in the state of Amazonas, Brazil: legal and social-economical aspects; Producao de carvao vegetal em pequena escala no Amazonas: aspectos legais e socio-ambientais

    Energy Technology Data Exchange (ETDEWEB)

    Lima, Roberto Ferreira de; Souza, Rubem Cesar Rodrigues de [Amazonas Univ., Manaus, AM (Brazil). Nucleo de Eficiencia Energetica (NEFEN)]. E-mail: nefen_ua@objetivomao.br

    2000-07-01

    Being a form of cheap energy, abundant and accessible, the vegetable coal is quite often used generally in the urban and rural areas in the Amazonas state, domestic and commercial use as well. Several families live of the production activity and commercialization of vegetable coal inside the State of Amazonas. However, actions of government organs of the environment area turn more and more difficult the exercise of those activities, creating a situation of clandestine production and in some cases making unfeasible the only form of subsistence of several families. Besides the legal aspect there exist the low technological level, being the production of vegetable coal done in ovens of the type 'hot tail', which cause problems for the users health. The mentioned subjects are discussed in that work based on the study accomplished at three places producing the vegetable coal in the the State of Amazonas hinter side, in the proximities of Manaus. Through the information obtained in the communities a proposal is presented for the small scale production of vegetable coal in a economical, social and environmentally self sustainable way. (author)

  15. Legal aspects of transport of nuclear materials

    International Nuclear Information System (INIS)

    Jacobsson, Mans.

    The Paris Convention and the Brussels Supplementary Convention are briefly discussed and other conventions in the field of civil liability for nuclear damage are mentioned: the Vienna Convention, the Nuclear Ships Convention and the 1971 Convention relating to civil liability in the field of maritime carriage of nuclear material. Legislation on civil liability in the Nordic countries, which is based on the Paris Convention and the Supplementary Convention is discussed, notably the principle of channelling of liability and exceptions from that principle due to rules of liability in older transport conventions and certain problems due to the limited geographical scope of the Paris Convention and the Supplementary Convention. Insurance problems arising in connection with transport of nuclear materials are surveyed and an outline is given of the administrative provisions concerning transport (based on the IAEA transport regulations) which govern transport of radioactive materials by different means: road, rail, sea and air. Finally, the 1968 Treaty on the Non-Proliferation of Nuclear Weapons is discussed. (NEA) [fr

  16. Food irradiation. Technical and legal aspects

    International Nuclear Information System (INIS)

    Vas, K.

    1978-01-01

    This document presents a brief technical discussion on a new major technique for food preservation and points out the necessary harmonization of national regulations to give them a broader application field [fr

  17. Editorial: Legal aspects of corporate social responsibility

    NARCIS (Netherlands)

    Lambooy, T.E.

    2014-01-01

    We stand at a critical moment in Earth’s history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of

  18. Legal Aspects of Corporate Social Responsibility

    NARCIS (Netherlands)

    Lambooy, Tineke

    2014-01-01

    We stand at a critical moment in Earth’s history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of

  19. Legal Aspects of Iatrogenic Multiple Pregnancy

    Directory of Open Access Journals (Sweden)

    Jacques Milliez

    2009-01-01

    Full Text Available During Assisted Reproductive Technology (ART procedures, the transfer of a single embryodramatically reduces the rate of multiple pregnancy. Proper information, therefore, should bedelivered to patients before embryo transfer. In many countries, regulations limit, according toage of the patient, the number of embryos to be transferred. Selective fetal reduction should not beconsidered as a suitable alternative to a single embryo transfer policy. The international federationof obstetricians and gynaecologists (FIGO recommendations on Multifetal reduction outline thatthe priority should be a careful planning and monitoring of infertility treatment for the reduction oravoidance of multiple pregnancy.

  20. Some legal aspects of genetic screening.

    Science.gov (United States)

    Abbing, H R

    2003-01-01

    Screening activities in health care are not always useful and sometimes harmful. The mere offer of a screening test puts the individual's autonomy under constraint. With genetic (predictive and risk assessment) tests, the right to free, informed consent and to protection of privacy and medical confidentiality is even more warranted. Screening evokes many questions from the perspective of the right to health care as well as (in particular with genetic screening) from the perspective of respect for individual human rights. Fear of liability puts pressure on professional restraint not to offer every screening test available. States have to take legislative measures for guaranteeing that only those screening activities become available that can significantly contribute to individual and public health. They also should consider additional rules for protecting individual rights where those that are generally accepted in the "ordinary" medical setting (the individual patient-doctor relationship), offer insufficient protection.

  1. Legal aspects of nuclear fuel supply

    International Nuclear Information System (INIS)

    Sartorelli, C.

    1981-10-01

    This paper discusses the problems of nuclear fuel supply in the context of the types of purchase of uranium, the different technical operations involved (enrichment, reprocessing) and finally, the control exercised over such materials in the framework of IAEA Safeguards and the ''London Club'' agreement between the supplying countries. A description follows of the functions of the Euratom Supply Agency in application of the Euratom's Treaty's provisions on the principle of equal access to ores, source and special fissile materials for Community countries. (NEA) [fr

  2. ASPECTS REGARDING LEGAL PROTECTION OF FOREST ECOSYSTEMS

    Directory of Open Access Journals (Sweden)

    Cristian Popescu

    2012-12-01

    Full Text Available The first legislative concerns for the protection and exploitation of forests are occurring since the eighteenth century. Forest of the country has always been a priority for environmental policy. The institutional framework for forestry organization in Romania is represented mainly by the Ministry of Environment and National Administration of Forests – Romsilva. First Romanian Forest Code was adopted on 19 June 1881. In present, the main law governing the forest is given by Law No. 46 of March 19, 2008 (Forest Code. Forests are resources of interest economic, social, recreational, ecological and biological. Biodiversity conservation of forest ecosystems involves the sustainable management by applying intensive treatments that promote natural regeneration of species of fundamental natural forest type and forest conservation and quasi virgin. The main way to conserve forest ecosystems is represented by the establishment of protected areas of national interest.

  3. Legal aspects of radioactice materials transport

    International Nuclear Information System (INIS)

    Frejman, Eh.S.

    1986-01-01

    The main statements of the Safety rules for radioactive materials transport PBTRV-73 applied in the USSR are considered. The rules cover the whole complex of security measures at all the stages of radioactive materials transprt including requirements to packaging, radiation monitoring, measures of individual protection and personal hygiene, measures at accidents and fires. Separate rules for radioactive materials handling when using rail, air, maritime and road transports are developed on the basis of this document

  4. Legal Aspects of a School Library Website

    Science.gov (United States)

    Johnson, Tom

    2009-01-01

    School library websites enhance and explain the services provided by the library. Most schools have a library website. Jurkowski (2004) reviewed thirty-four school library websites and ranked the most common features: website links, databases, policies, Online Public Access Catalog (OPAC), and websites by subject. These features give patrons a…

  5. Nuclear plants near borders - legal aspects

    International Nuclear Information System (INIS)

    Rauschning, D.

    1990-01-01

    In public international law there are no rules prohibiting the construction or operation of nuclear plants, or regulating their siting. Emanations of nuclear plants - conventional or radioactive - are regarded as pollutants. Transfrontier pollution has to be prevented and controlled according to the rules of customary international law, which have developed on the basis of the Trail Smelter Award of 1941 and which are restated in the Montreal Rules of International Law Applicable to Transfrontier Pollution 1982 of the ILA. The neighbouring state has a right to obtain all reasonable information concerning the prospective siting of plants and has to be consulted in certain respects. These procedural duties are substantiated in bilateral agreements setting up mixed commissions. In the European Communities members are obliged to report any planned emanation of radioactive substances which might pollute the environment of another member to the EC Commission. Strict liability for any damage caused by a nuclear installation is stipulated in special conventions. As far as these conventions are not applicable, the general rules on state responsibility and on civil liability apply. States are not obliged under International Law to allow residents of neighbouring states to participate in administrative or judicial proceedings concerning the licensing. In practice, however, foreigners challenging the issue of a licence have the same standing as the citizens of the licensing state. (author)

  6. Legal aspects of the Chernobyl reactor accident

    International Nuclear Information System (INIS)

    Zuck, R.

    1986-01-01

    The brief article presents questions arising after the Chernobyl reactor accident, primarily those of compensation for damage and the relationship between citizens and the state. As existing laws do not offer suitable instruments for reacting to such a disaster, the author outlines ways and means that should be created on an international level in order to be able to react more efficiently in future. (HSCH) [de

  7. Legal and management aspects in rural electrification

    International Nuclear Information System (INIS)

    Alem Deaces, J.

    1994-01-01

    Present work considers that the rural electrification is generally deficit, as well in the line of transmission builds as the generation sources constructions. The big benefits of the rural electrification would be the improvement of quality of the human life as well as in the agricultural economic development. The participation of all the social agents' collaboration would be necessary

  8. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

    Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

  9. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

    Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

  10. EC law relating to legal and technical aspects of natural gas and water supply. EC legal provisions for internal market harmonization of the regime of product specification and standardization, and their unification with German law. EG-Recht der Gas- und Wasserversorgungstechnik. Regelungen der Europaeischen Gemeinschaft zur Harmonisierung der Produktanforderungen und ihre Umsetzung in deutsches Recht

    Energy Technology Data Exchange (ETDEWEB)

    Rienen, W. van; Wasser, U.

    1999-01-01

    This new publication presents an analysis of the relevant EC legislation and standards and its impacts for the German industrial branches resulting from implementation in German national law. It is an invaluable source of reference for the German natural gas industry and the water supply sector, as well as licensing and supervisory bodies. The book contains comprehensive information on all aspects of interest to public authorities, marketers and manufacturers, presenting the material in a systematic framework based on EC law and in a way designed to help finding the answers arising in practice. As for example: EU directives and regulatory guides relating to the products of interest (certification, standards); obligations and liabilities of those responsible for manufacture, marketing, installation and application of products; general principles of EC law to be observed in addition to regulatory guides; scope of discretion remaining for the German legislator in implementation of the law; resulting modification of duties and scope for action of the competent public authorities; availability of domestic and EC judicial remedies; how to prevent risks and exploit the rights offered by the law so as to be as successful as possible in the deregulated internal market; novel strategies opened up or called for by the novel legal instruments. (orig./CB)

  11. Legal Frame of Non-Social Robots

    NARCIS (Netherlands)

    Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.

    2016-01-01

    This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the

  12. Legal terminology in African languages | Alberts | Lexikos

    African Journals Online (AJOL)

    Various aspects regarding the present project (such as financing, time-schedule, training and terminological problems encountered) are treated. Keywords: legal terminology, sociolinguistic factors, terminology development, african languages, indigenous languages, multilingualism, subject fields, terminology, translation, ...

  13. The atomic policy consensus as legally binding contract; Der Atomkonsens als rechtsverbindlicher Vertrag. Gutachten im Rahmen des ICSID-Schiedsverfahrens Vattenfall v. Germany im Auftrag der Vattenfall AB

    Energy Technology Data Exchange (ETDEWEB)

    Kischel, Uwe

    2017-07-01

    The booklet on the atomic policy consensus as legally binding contract covers the following issues: legal prerequisites for legal binding, interpretation viewpoints, possible further aspect of the legal binding.

  14. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

    The author comments about the knowledge evolution about radioactivity and describes the most important chemical elements capable of discharging it and all the types of radioactivity according with Mendelejef's classification. He analyses the celular sensibility related to many variables, listing the biological effects that may happen depending on the quantity of radiation and exposition time to radiation. He also calls attention to procedures of dosimetry and radioprotection that must be done when anatomo-pathological examination of body fluids, discharges and tissues are carried out, stressing that protective clothing must be wear, decontamination or to make useless the material involved are important to get the job done. A description of the appropriated conditions to perform autopsy, to anoint and to cremate contaminated bodies and the procedures used by the Navy Hospital Marcilio Dias service of anatomo-pathology, Instituto de Radioprotecao e Dosimetria (IRD) and Comissao Nacional de Energia Nuclear (CNEN) is given, based on the experience gained in performing necropsy of dead patients and one anatomo-pathological examination of upper limb amputated inside the surgical room. He finishes describing the macroscopic injuries observed and listing the instrumental used, the reports made, giving details about the necropsy carried out and answering medical-legal matters. (author)

  15. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

    Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

  16. Criminal Aspects of Artificial Abortion

    OpenAIRE

    Hartmanová, Leona

    2016-01-01

    Criminal Aspects of Artificial Abortion This diploma thesis deals with the issue of artificial abortion, especially its criminal aspects. Legal aspects are not the most important aspects of artificial abortion. Social, ethical or ideological aspects are of the same importance but this diploma thesis cannot analyse all of them. The main issue with artificial abortion is whether it is possible to force a pregnant woman to carry a child and give birth to a child when she cannot or does not want ...

  17. O perfil dos ortodontistas em relação aos aspectos odontolegais dos prontuários odontológicos The profile of orthodontists in relation to the legal aspects of dental records

    Directory of Open Access Journals (Sweden)

    Giovanni Garcia Reis Barbosa

    2010-04-01

    danos de acessórios ortodônticos. Contudo, algumas práticas ainda precisam ser adotadas, tais como: coleta da assinatura dos pacientes em caso de danos em acessórios ortodônticos e arquivo de cópia de prescrição medicamentosa e atestados.OBJECTIVE: The purpose of this study was to acquire knowledge about the key legal aspects of orthodontic practice, which may be used as important defense tools in the event of ethical and/or legal actions. METHODS: A cross-sectional study was conducted with dentists in Belo Horizonte, Minas Gerais State, Brazil, by means of a specific instrument (questionnaire addressing the ethical and legal disputes that involve the orthodontic specialty. Participants were asked to fill out the following questionnaire fields: personal identification, academic background, orthodontic accessories, oral hygiene, treatment plan, service provision, orthodontic documentation, drug prescription and forms of communication with patients, among others. RESULTS: A total of 237 orthodontists, all members of the Regional Council of Dentistry, Minas Gerais State (CRO-MG and living in Belo Horizonte, were given the data collection instrument. Out of this total, 69 (29.11% answered and returned the questionnaires. Of the 69 respondents, 57.97% were male and 42.03% female. It was found that 52.17% of these professionals graduated from Higher Education Institutions (ISEs. It was observed that 34.78% of these orthodontists completed specialization between 5 and 10 years after graduation. Most professionals (94.2% enter into their medical records information about any damage caused to the orthodontic accessories used by their patients and 53.62% of the orthodontists keep their patients' orthodontic documentation on file throughout their active professional life. CONCLUSIONS: This study revealed that some analysis parameters were very satisfactory, such as: the availability of service provision contract models, communication with patients and/or their lawful

  18. La Medicina Legal en Antioquia: primera parte Legal medicine in Antioquia: first part

    Directory of Open Access Journals (Sweden)

    Carlos Enrique Escobar Gónima

    2002-02-01

    Full Text Available Este artículo describe aspectos históricos de la Medicina legal en Antioquia, con énfasis en las personas que fueron importantes para su desarrollo inicial. THIS WORK DESCRIBES HISTORICAL aspects of legal medicine in Antioquia, Colombia. Emphasis is done on people who were important in its initial development.

  19. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  20. Should fully autonomous artificial intelligence systems be granted legal capacity?

    OpenAIRE

    Naučius, Mindaugas

    2018-01-01

    The aim of this article is to address the issue of granting legal capacity to artificial inteligence systems. In order to approach the solution to the problem addressed, the article includes several aspects, relevant in order to achieve it. To begin with, the general concept of legal capacity is introduced. Following this aspect, the main features of both natural and juridical persons are addressed, in order to become familiar with the content of legal capacity, or in other words, to be aware...

  1. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

    Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

  2. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  3. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

  4. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  5. Legal Considerations for International Collaborative Research Contract

    International Nuclear Information System (INIS)

    Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.

    2007-01-01

    Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section

  6. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  7. The Legal Case

    NARCIS (Netherlands)

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

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  8. U.K. comments on the EEC draft report ''radioactive effluents from nuclear power stations and nuclear fuel processing plants in the European Community'', and on the US contribution to Working Group 5 Sub Group C, ''environmental, legal and managerial aspects''

    International Nuclear Information System (INIS)

    The comments on the EEC report question its deductions regarding radiation doses to populations and note factual errors in data relating to the UK. A more extensive commentary on the US paper includes references to the environmental aspects of mining, enrichment, fabrication, reprocessing, waste management and reactor operation. Comments on physical protection, safeguards, fuel cycle centres, administrative and legal problems, mainly relate to the need for more detailed technical consideration of a number of matters which are inappropriate for resolution in sub-group 5C

  9. Saturn satellites

    International Nuclear Information System (INIS)

    Ruskol, E.L.

    1981-01-01

    The characteristics of the Saturn satellites are discussed. The satellites close to Saturn - Janus, Mimas, Enceladus, Tethys, Dione and Rhea - rotate along the circular orbits. High reflectivity is attributed to them, and the density of the satellites is 1 g/cm 3 . Titan is one of the biggest Saturn satellites. Titan has atmosphere many times more powerful than that of Mars. The Titan atmosphere is a peculiar medium with a unique methane and hydrogen distribution in the whole Solar system. The external satellites - Hyperion, Japetus and Phoebe - are poorly investigated. Neither satellite substance density, nor their composition are known. The experimental data on the Saturn rings obtained on the ''Pioneer-11'' and ''Voyager-1'' satellites are presented [ru

  10. The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

    Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

  11. The role of law as an instrument of communication within legal positivism

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a ...

  12. Centriolar satellites

    DEFF Research Database (Denmark)

    Tollenaere, Maxim A X; Mailand, Niels; Bekker-Jensen, Simon

    2015-01-01

    Centriolar satellites are small, microscopically visible granules that cluster around centrosomes. These structures, which contain numerous proteins directly involved in centrosome maintenance, ciliogenesis, and neurogenesis, have traditionally been viewed as vehicles for protein trafficking...... highlight newly discovered regulatory mechanisms targeting centriolar satellites and their functional status, and we discuss how defects in centriolar satellite components are intimately linked to a wide spectrum of human diseases....

  13. THE LEGAL CAPACITY TO TRADE

    OpenAIRE

    ADELIN UNGUREANU

    2014-01-01

    Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...

  14. THE LEGAL CAPACITY TO TRADE

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

    Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.

  15. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  16. The legal regulation of career course in Latvian Police

    OpenAIRE

    Kitija Bite

    2013-01-01

    ANNOTATION The research „The legal regulation of career course in Latvian Police” describes the existing legal regulation of all Service elements. In order to unveil the intended purpose several aspects were analyzed – selection and professional training for the Service, organization of the career and termination of legal relationships. The structure of the research is constituted by the given elements, where a chapter is dedicated to each of them. With regard to foreign exp...

  17. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

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

  18. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  19. Legal problems brought about by technological progress

    International Nuclear Information System (INIS)

    1986-01-01

    In almost all sectors of public or private life, advances in the natural sciences and the progress of technology provoke changes that have to be managed by society. Our legal system is far from being left untouched by such changes, and frequently has to cope with new and complex legal problems in all fields of law. The book in hand collects eleven lectures presented within the framework of the Studium Generale at Heidelberg University, dealing with significant developments and their effects on the law, as e.g.: Risk acceptance in the wake of new technologies, in vitro fertilisation, early diagnosis of embryonic malformation, protection of animals in the context of medical research, information technologies and data protection, accidents in space and liability problems, transfrontier air pollution, protection of the environment. The legal aspects and the social aspects are discussed in detail by the lectures. Three of the contributions have been separately analysed for the database. (orig./HSCH) [de

  20. Criminal aspects of domestic violence

    OpenAIRE

    Váňová, Radka

    2013-01-01

    Criminal aspects of domestic violence SUMMARY Domestic violence is a serious social concern with high level of latency. The domestic violence victims protection is ensured by legal standarts of Civil, Administrative and Criminal Law and other legal standarts. Criminal Law is one of the important instruments for tackling of serious forms of domestic violence. However Criminal Law is an instrument "ultima ratio" which needs claiming of subsidiarity principal of the crime repression. The purpose...

  1. Ethical and Legal Responsibilities of Counselors.

    Science.gov (United States)

    Glennen, Robert E.

    In the aftermath of the Watergate scandal, each profession is reviewing its ethical practices. This paper assists in this renewal by citing the code of ethical standards of APGA; reviewing the laws of the State of Nevada regarding privileged communications; and covering the legal aspects which relate to counseling situations. (Author)

  2. Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

    African Journals Online (AJOL)

    21892687

    various aspects of legal practice and engage in community service learning ... components, namely clinical duty, classroom teaching and clinician/student tutorial ..... Vawda YA "Learning from Experience: The Art and Science of Clinical Law" ... Lennertz M Date Unknown Developing Legal Clinics in Brazil: Remarks on the.

  3. Part 1: Medico-legal documentation South African Police Services ...

    African Journals Online (AJOL)

    Valid medico-legal consent differs from medical consent. Knowledge of legislation pertaining to child pornography and the practical and ethical aspects of photography is also necessary. Inappropriate completion of medico-legal documentation may necessitate the practitioner having to explain the documentation to make it ...

  4. Satellite Communications

    Indian Academy of Sciences (India)

    First page Back Continue Last page Overview Graphics. Satellite Communications. Arthur C Clarke wrote a seminal paper in 1945 in wireless world. Use three satellites in geo-synchronous orbit to enable intercontinental communications. System could be realised in '50 to 100 years'

  5. LNG project - contractual aspects

    Energy Technology Data Exchange (ETDEWEB)

    Goncalves, Bruno Almeida

    2008-07-01

    This paper intends to provide from the legal point of view an outline of the main challenges of a LNG project in the upstream, regulatory aspects, liquefaction, financing and midstream through a basic checklist; an overview of the contractual complexity of a LNG project; some basic discussion of particular LNG contract clauses; and a comparative analysis between the classic clauses of a Gas Transportation Agreement (GTA) through a gas pipeline and LNG logistic. (author)

  6. Legal framework of radioactive waste management in Indonesia

    International Nuclear Information System (INIS)

    Ridwan, M.

    2000-01-01

    The nuclear programme and the related legal framework in Indonesia is outlined. The provisions and principles concerning the management of radioactive waste are described. Furthermore, aspects of liability for nuclear damage and public involvement are addressed. (author)

  7. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  8. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  9. Theory of satellite geodesy applications of satellites to geodesy

    CERN Document Server

    Kaula, William M

    2000-01-01

    The main purpose of this classic text is to demonstrate how Newtonian gravitational theory and Euclidean geometry can be used and developed in the earth's environment. The second is to collect and explain some of the mathematical techniques developed for measuring the earth by satellite.Book chapters include discussions of the earth's gravitational field, with special emphasis on spherical harmonies and the potential of the ellipsoid; matrices and orbital geometry; elliptic motion, linear perturbations, resonance, and other aspects of satellite orbit dynamics; the geometry of satellite obser

  10. Analysis of the legal aspects in public tender electronic made by PETROBRAS through the system Petronect under Decree no. 2.745/98; Analise da juridicidade das licitacoes eletronicas feitas pela PETROBRAS atraves do sistema Petronect nos termos do decreto 2.745/98

    Energy Technology Data Exchange (ETDEWEB)

    Prestes, Madelon Rocha Ribeiro [Transportadora Brasileira Gasoduto Bolivia-Brasil S.A. (TBG), Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This work examines the question of possible of use an electronic tool through internet, the Petronect, to facilitate the completion of procedures to carry through licitations for the PETROBRAS Group that is being debated in diverse instances in the Brazilian present time. This analysis should take into account the existing law on licitations, the constitutionality of Decree 2.745/98, as well as economic facts. Due to the understanding of TCU - expressed on several occasions - in the sense that PETROBRAS would be required to use the Law 8.666/93 in its bids, is being challenged the constitutionality of Decree 2.745/98 and their use for licitations procedures. They will be examined the conceptual and legal aspects of the decree, and the relationship and the importance of the function for the Group Purchases damage. Thus, the analysis will cover the new issues raised by EC 19/98, the constitutionality of the decree, the position of the Court of Auditors of the Union and the Federal Supreme Court (STF) and the legislation published on this subject. The existing conclusion in this work shows how right - under the optical legal and constitutional - the use of the portal Petronect to carry out the licitations of PETROBRAS under Decree 2.745/98 and non-use of Law 8.666/93, for this is not appropriate to the specific activity of company. (author)

  11. Legality of Tawarruq in Islamic Finance

    Directory of Open Access Journals (Sweden)

    Nur Yuhanis Bt Ismon

    2012-01-01

    Full Text Available Objective – Islamic finance has been established as an alternative to the conventional banking system which is made up component not permitted under Shariah. Tawarruq is one of the Islamic finance products which commonly used in Islamic banks. This research assesses two important areas which include the principle of Tawarruq in Fiqh perspective and the practical aspect of such principle in Islamic banks in Malaysia.Method – The method used for this research is comparative analysis.Result – This research begins to explore the different views of the proponent and opponents toward the legality of Tawarruq in Fiqh . Instead of considering the basic condition of the valid sale, the other aspect has to be pondered by the contemporary scholars to render Tawarruq is valid sale according to Shariah. The legality of Tawarruq has been debate by some scholars. Due to that, there are different resolution and rulings from Islamic countries on legality of of Tawarruq . In the practical aspect, Tawarruq has been used in Malaysia by Bursa Malaysia Suq Al Sila' as a trading platform and it uses Crude Palm Oil (CPO as the commodity in Tawarruq transaction. While, in the Middle East, it uses London Metal Exchange (LME in dealing with commodity transaction through Tawarruq principle.Conclusion – Based on the legal argument on the permissibility of Tawarruq , it can be summarized that Tawarruq is permissible but subject to certain condition. Provided that genuine Tawarruq is permissible than organized Tawarruq in Tawarruq transaction.Keywords: Tawarruq, Murabahah

  12. Encryption protection for communication satellites

    Science.gov (United States)

    Sood, D. R.; Hoernig, O. W., Jr.

    In connection with the growing importance of the commercial communication satellite systems and the introduction of new technological developments, users and operators of these systems become increasingly concerned with aspects of security. The user community is concerned with maintaining confidentiality and integrity of the information being transmitted over the satellite links, while the satellite operators are concerned about the safety of their assets in space. In response to these concerns, the commercial satellite operators are now taking steps to protect the communication information and the satellites. Thus, communication information is being protected by end-to-end encryption of the customer communication traffic. Attention is given to the selection of the NBS DES algorithm, the command protection systems, and the communication protection systems.

  13. Satellite myths

    Science.gov (United States)

    Easton, Roger L.; Hall, David

    2008-01-01

    Richard Corfield's article “Sputnik's legacy” (October 2007 pp23-27) states that the satellite on board the US Vanguard rocket, which exploded during launch on 6 December 1957 two months after Sputnik's successful take-off, was “a hastily put together contraption of wires and circuitry designed only to send a radio signal back to Earth”. In fact, the Vanguard satellite was developed over a period of several years and put together carefully using the best techniques and equipment available at the time - such as transistors from Bell Laboratories/Western Electric. The satellite contained not one but two transmitters, in which the crystal-controlled oscillators had been designed to measure both the temperature of the satellite shell and of the internal package.

  14. Satellite Geomagnetism

    DEFF Research Database (Denmark)

    Olsen, Nils; Stolle, Claudia

    2012-01-01

    Observations of Earth’s magnetic field from space began more than 50 years ago. A continuous monitoring of the field using low Earth orbit (LEO) satellites, however, started only in 1999, and three satellites have taken highprecision measurements of the geomagnetic field during the past decade....... The unprecedented time-space coverage of their data opened revolutionary new possibilities for monitoring, understanding, and exploring Earth’s magnetic field. In the near future, the three-satellite constellation Swarm will ensure continuity of such measurement and provide enhanced possibilities to improve our...... ability to characterize and understand the many sources that contribute to Earth’s magnetic field. In this review, we summarize investigations of Earth’s interior and environment that have been possible through the analysis of high-precision magnetic field observations taken by LEO satellites....

  15. Legal and regulatory framework of Uranium's enrichment

    International Nuclear Information System (INIS)

    Antelo, Josefina; Figueredo, Micaela S.; Mangone, Gisela P.; Manin, Maria L.; Pota, Luciana F.

    2009-01-01

    The object of this paper is to develop the legal aspects referred to the activities of uranium's enrichment, in order to achieve the pacific use of nuclear energy and to obey treatments, agreements and international conventions in which Argentine is party and through them assumes the non proliferation's commitment. In this context, we will develop the rights and obligations established in those legal instruments, as well as the juridical concerns of the eventual subscription of Argentine to the Additional Protocol approved by the Board of Governors in 1997. (author)

  16. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

    Wright, Glen; Rochette, Julien; O'Hagan, Anne Marie; De Groot, Jiska; Leroy, Yannick; Soininen, Niko; Salcido, Rachael; Castelos, Montserrat Abad; Jude, Simon; Kerr, Sandy

    2015-01-01

    Ocean energy is a novel renewable energy resource being developed as part of the push towards a 'Blue Economy'. The literature on ocean energy has focused on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received less attention, despite their importance in supporting this new technology and ensuring its sustainable development. In this Issue Brief, we set out some key legal challenges for the development of ocean energy technologies, structured around the following core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources. (authors)

  17. Aspectos legales del uso de drogas ilícitas en México Aspectos legais do uso de drogas ilícitas no México Illegal aspects of illicit drugs use in Mexico

    Directory of Open Access Journals (Sweden)

    Ruth Magdalena Gallegos Torres

    2009-01-01

    Full Text Available El objetivo del estudio fue conocer las opiniones de un grupo de personas sobre aspectos legales en materia de adicción. Se trata de un estudio descriptivo transversal; se aplicó una encuesta estructurada, formada por 4 apartados. Uno de los criterios para participar fue que la persona no consumiera drogas y que conociera a alguien cercano que las consumía. Los datos obtenidos se procesaron en el paquete estadístico SPSS V. 14. Participaron 100 sujetos, en el cual, 75% eran del género femenino, 38% tenían una relación de amistad con un usuario de drogas ilícitas, el cual consumía mayoritariamente marihuana y cocaína. Como opinión general, se sugiere que las leyes sean más rigurosas para quienes consumen, venden o transportan drogas. Las leyes actuales no mejoran la conducta criminal de los consumidores. Es importante realizar otros estudios, de opinión sobre este fenómeno, que puedan ofrecer una visión más real del problema de las drogas.Este estudo teve como objetivo conhecer as opiniões de um grupo de pessoas sobre questões jurídicas no domínio dos vícios. É estudo transversal, descritivo. Para o levantamento, foi utilizado um questionário estruturado com quatro temas. Um dos critérios para a participação era de que a pessoa não usasse drogas e que tivesse alguém próximo que usasse. Os dados foram processados usando SPSS V. 14. Participaram 100 indivíduos, dos quais 75% eram do sexo feminino, 38% tinham relação amigável com um usuário de drogas ilícitas, principalmente consumidores de maconha e cocaína. Como opinião geral sugeriram que as leis deviam ser mais punitivas para aqueles que consomem, vendem ou transportam drogas. As leis vigentes não melhoram o comportamento criminoso dos consumidores. É importante conduzir estudos de opinião sobre o fenômeno para que se possa ter visão mais realista do problema do consumo de droga.The objective of this cross-sectional, descriptive study was to obtain the

  18. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  19. Religious legal systems: challenges of the modernity

    Directory of Open Access Journals (Sweden)

    Д. В. Лук’янов

    2015-11-01

    Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

  20. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  1. Boomerang Satellites

    Science.gov (United States)

    Hesselbrock, Andrew; Minton, David A.

    2017-10-01

    We recently reported that the orbital architecture of the Martian environment allows for material in orbit around the planet to ``cycle'' between orbiting the planet as a ring, or as coherent satellites. Here we generalize our previous analysis to examine several factors that determine whether satellites accreting at the edge of planetary rings will cycle. In order for the orbiting material to cycle, tidal evolution must decrease the semi-major axis of any accreting satellites. In some systems, the density of the ring/satellite material, the surface mass density of the ring, the tidal parameters of the system, and the rotation rate of the primary body contribute to a competition between resonant ring torques and tidal dissipation that prevent this from occurring, either permanently or temporarily. Analyzing these criteria, we examine various bodies in our solar system (such as Saturn, Uranus, and Eris) to identify systems where cycling may occur. We find that a ring-satellite cycle may give rise to the current Uranian ring-satellite system, and suggest that Miranda may have formed from an early, more massive Uranian ring.

  2. LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

    Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

  3. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.

  4. Aspectos ético-legais da retirada e transplante de tecidos, órgãos e partes do corpo humano Aspectos ético-legales de la retirada y transplante de tejidos, organos y partes del cuerpo humano Legal-ethical aspects of the removal and transplantation of tissues, organs and parts of the human body

    Directory of Open Access Journals (Sweden)

    Elenice Dias Ribeiro de Paula Lima

    1997-10-01

    Full Text Available As autoras fazem uma análise crítica da legislação em vigor relativa aos transplantes de órgãos, tecidos e partes do corpo humano, e tecem comentários sobre os artigos pertinentes a eles nos respectivos códigos de ética médica e da enfermagem, alertando os profissionais de enfermagem para a necessidade de registrarem as infrações cometidas contra o cliente, à luz desses códigos.Las autoras hacen un analisis crítico de la legislación en vigor referente a los transplantes de órganos, tejidos y partes del cuerpo humano y hacen comentarios sobre los artículos pertinentes a ellos en los respectivos códigos de ética médica y de enfermería, alertando a los profesionales de enfermería sobre la necesidad de registrar las transgresiones hechas contra el cliente, a la luz de esos códigos.The authors analise critically the current legislation related to the transplantation of organs, tissues and parts of the human body, as well as they comment the articles which refer to this topic and which are found in medical and nursing ethical codes, advising nursing professionals to the need of registration of legal infractions attempted against the clients.

  5. Separation of energy companies. Judicial aspects. Fiscal aspects of unbundling

    International Nuclear Information System (INIS)

    Slotboom, M.M.; Ter Heegde, A.

    2005-01-01

    There is much discussion in the Netherlands about the plan of the Dutch government to separate (unbundle) energy companies into a commercial energy supply business and a network business. In a series of articles attention will be paid to the legal aspects of the separation (unbundling) [nl

  6. Small satellites and space debris issues

    Science.gov (United States)

    Yakovlev, M.; Kulik, S.; Agapov, V.

    2001-10-01

    The objective of this report is the analysis of the tendencies in designing of small satellites (SS) and the effect of small satellites on space debris population. It is shown that SS to include nano- and pico-satellites should be considered as a particularly dangerous source of space debris when elaborating international standards and legal documents concerning the space debris problem, in particular "International Space Debris Mitigation Standard". These issues are in accordance with the IADC goals in its main activity areas and should be carefully considered within the IADC framework.

  7. Nuclear medicine software: safety aspects

    International Nuclear Information System (INIS)

    Anon.

    1989-01-01

    A brief editorial discusses the safety aspects of nuclear medicine software. Topics covered include some specific features which should be incorporated into a well-written piece of software, some specific points regarding software testing and legal liability if inappropriate medical treatment was initiated as a result of information derived from a piece of clinical apparatus incorporating a malfunctioning computer program. (U.K.)

  8. Legal Elements For Nuclear Security: Egyptian Nuclear Law As A Case Study

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

    This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.

  9. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  10. Aspectos ético-legales y consideraciones anestésicas de la terapia transfusional en el paciente Testigo de Jehová Ethicolegal aspects and anaesthetic considerations of transfusional therapy in a Jehovah's Witness patient

    Directory of Open Access Journals (Sweden)

    Marilét Muradás Augier

    2008-03-01

    Full Text Available La terapia transfusional es un tema muy controvertido de la actualidad y suscita el interés de muchos médicos por las complicaciones y los conflictos éticos con los que se asocia. Esta revisión se realizó con el objetivo de plantear el dilema ético que enfrenta el médico en la atención de los pacientes Testigos de Jehová y las posibles soluciones tanto en el plano ético como profesional. Consideramos importante poner en práctica las alternativas de la terapia transfusional en los pacientes Testigos de Jehová, respetando la libertad religiosa de ellos y las normas deontológicas de nuestra profesiónTransfusional therapy is a very controversial topic nowadays that raises the interest of many physicians due to the complications and ethical conflicts with which it is associated. This review was made aimed at stating the ethical dilemma faced by the physicians on giving attention to the Jehovah's Witness patients, and the possible solutions in the ethical and professional aspects. It is important to put into practice the alternatives of transfusional therapy in the Jehovah's Witness patients, respecting their religious freedom and the deontological norms of our profession

  11. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

  12. Problematyka prywatności przy udzielaniu świadczeń zdrowotnych osobom starszym – wybrane aspekty prawne = Privacy issues in the provision of health services for the elderly – selected legal aspects

    Directory of Open Access Journals (Sweden)

    Iwona Wrześniewska-Wal

    2015-06-01

    ązany prowadzić, przechowywać i udostępniać dokumentację medyczną pacjentowi i uprawnionym instytucjom oraz podmiotom w sposób określony w przepisach prawa, a także zapewnić ochronę danych zawartych w tej dokumentacji.   Summary: The medical profession can say that is a humanist, because at its core the life and health of man and the respect of this particular value, which is dignity. With dignity are all related legal regulations that protect the privacy of patients. These include provisions relating to privacy, professional secrecy and the protection of medical records. Every patient has the right to respect for privacy and dignity, in particular at the time of granting him health benefits. The doctor is obliged concern that the remaining medical staff observe these principles. Intimacy patient should refer to all feelings and actions not only related to the provision of health services. On such notions of intimacy consists of caring for the patient's welfare, respect for the patient's understanding of his situation. One element of these rights is also possible to contact a patient with others, to accompany a close relative when granting health benefits and the exercise by that person of patient care. Details of these contacts defined in the regulations or the hospital ward. With the right to privacy join safeguards for the protection of personal data. Data on the health of the patient are protected in two planes. This includes provisions on the patient's right to confidentiality of information associated with it and the provisions for the protection of medical records. Professional secrecy covers all information related to the patient and obtained in connection with the exercise of the medical profession. At the same time this obligation is not absolute because the legislature has exhaustively pointed to exceptions in this regard. The entity providing health services shall keep, store and share patient medical records and authorized institutions and entities in

  13. Satellite Radio

    Indian Academy of Sciences (India)

    Satellites have been a highly effective platform for multi- form broadcasts. This has led to a ... diversity offormats, languages, genre, and a universal reach that cannot be met by .... programs can be delivered to whom it is intended. In the case of.

  14. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  15. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

  16. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

  17. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  18. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

    I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. Consequently, defeasibility is needed in practical reasoning, and in particular in legal reasoning

  19. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy

  20. Scientific Satellites

    Science.gov (United States)

    1967-01-01

    noise signal level exceeds 10 times the normal background. EXPERIMENTS FOR SATELLITE ASTRONOMY 615 ANTENNA MONOPOLE -., PREAMPLFE = BANDPASS-FILTER...OUTPUT TO AND DETECTOR TELEMETRYCHANNELS (18) CALIBRATION NOISE MATRIX CLOCK NOISE SOURCE ’ON’ SOURCE COMMAND F ROM PROGRAMERP ANTENNA MONOPOLE FIGURE 13...Animal Tempera- ture Sensing for Studying the Effect of Prolonged Orbital Flight on the Circadian Rhythms of Pocket Mice . Unmanned Spacecraft Meeting

  1. The ethical aspects of mass communication

    OpenAIRE

    Наталья Ивановна Клушина

    2014-01-01

    This article focuses on the ethical aspects of mass communication and key trends of russian media language. The author analyses ethics and law in modern journalism, culture of speech in media discourse, intentional, structural and social aspects of mass communication. Ethics of mass communication presupposes the observance of legal and moral norms, social responsibility and respect for the audience.

  2. The ethical aspects of mass communication

    Directory of Open Access Journals (Sweden)

    Наталья Ивановна Клушина

    2014-12-01

    Full Text Available This article focuses on the ethical aspects of mass communication and key trends of russian media language. The author analyses ethics and law in modern journalism, culture of speech in media discourse, intentional, structural and social aspects of mass communication. Ethics of mass communication presupposes the observance of legal and moral norms, social responsibility and respect for the audience.

  3. Solar satellites

    Energy Technology Data Exchange (ETDEWEB)

    Poher, C.

    1982-01-01

    A reference system design, projected costs, and the functional concepts of a satellite solar power system (SSPS) for converting sunlight falling on solar panels of a satellite in GEO to a multi-GW beam which could be received by a rectenna on earth are outlined. Electricity transmission by microwaves has been demonstrated, and a reference design system for supplying 5 GW dc to earth was devised. The system will use either monocrystalline Si or concentrator GaAs solar cells for energy collection in GEO. Development is still needed to improve the lifespan of the cells. Currently, the cell performance degrades 50 percent in efficiency after 7-8 yr in space. Each SSPS satellite would weigh either 34,000 tons (Si) or 51,000 tons (GaAs), thereby requiring the fabrication of a heavy lift launch vehicle or a single-stage-to-orbit transport in order to minimize launch costs. Costs for the solar panels have been estimated at $500/kW using the GaAs technology, with transport costs for materials to GEO being $40/kg.

  4. Solar satellites

    Science.gov (United States)

    Poher, C.

    A reference system design, projected costs, and the functional concepts of a satellite solar power system (SSPS) for converting sunlight falling on solar panels of a satellite in GEO to a multi-GW beam which could be received by a rectenna on earth are outlined. Electricity transmission by microwaves has been demonstrated, and a reference design system for supplying 5 GW dc to earth was devised. The system will use either monocrystalline Si or concentrator GaAs solar cells for energy collection in GEO. Development is still needed to improve the lifespan of the cells. Currently, the cell performance degrades 50 percent in efficiency after 7-8 yr in space. Each SSPS satellite would weigh either 34,000 tons (Si) or 51,000 tons (GaAs), thereby requiring the fabrication of a heavy lift launch vehicle or a single-stage-to-orbit transport in order to minimize launch costs. Costs for the solar panels have been estimated at $500/kW using the GaAs technology, with transport costs for materials to GEO being $40/kg.

  5. Solar energy legal bibliography. Final report. [160 references

    Energy Technology Data Exchange (ETDEWEB)

    Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.

    1979-03-01

    The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.

  6. Satellite Cell Self-Renewal.

    Science.gov (United States)

    Giordani, Lorenzo; Parisi, Alice; Le Grand, Fabien

    2018-01-01

    Adult skeletal muscle is endowed with regenerative potential through partially recapitulating the embryonic developmental program. Upon acute injury or in pathological conditions, quiescent muscle-resident stem cells, called satellite cells, become activated and give rise to myogenic progenitors that massively proliferate, differentiate, and fuse to form new myofibers and restore tissue functionality. In addition, a proportion of activated cells returns back to quiescence and replenish the pool of satellite cells in order to maintain the ability of skeletal muscle tissue to repair. Self-renewal is the process by which stem cells divide to make more stem cells to maintain the stem cell population throughout life. This process is controlled by cell-intrinsic transcription factors regulated by cell-extrinsic signals from the niche and the microenvironment. This chapter provides an overview about the general aspects of satellite cell biology and focuses on the cellular and molecular aspects of satellite cell self-renewal. To date, we are still far from understanding how a very small proportion of the satellite cell progeny maintain their stem cell identity when most of their siblings progress through the myogenic program to construct myofibers. © 2018 Elsevier Inc. All rights reserved.

  7. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  8. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  9. Legal and ethical issues in robotic surgery.

    Science.gov (United States)

    Mavroforou, A; Michalodimitrakis, E; Hatzitheo-Filou, C; Giannoukas, A

    2010-02-01

    With the rapid introduction of revolutionary technologies in surgical practice, such as computer-enhanced robotic surgery, the complexity in various aspects, including medical, legal and ethical, will increase exponentially. Our aim was to highlight important legal and ethical implications emerged from the application of robotic surgery. Search of the pertinent medical and legal literature. Robotic surgery may open new avenues in the near future in surgical practice. However, in robotic surgery, special training and experience along with high quality assessment are required in order to provide normal conscientious care and state-of-the-art treatment. While the legal basis for professional liability remains exactly the same, litigation with the use of robotic surgery may be complex. In case of an undesirable outcome, in addition to physician and hospital, the manufacturer of the robotic system may be sued. In respect to ethical issues in robotic surgery, equipment safety and reliability, provision of adequate information, and maintenance of confidentiality are all of paramount importance. Also, the cost of robotic surgery and the lack of such systems in most of the public hospitals may restrict the majority from the benefits offered by the new technology. While surgical robotics will have a significant impact on surgical practice, it presents challenges so much in the realm of law and ethics as of medicine and health care.

  10. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  11. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  12. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  13. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  14. Ethical and legal dilemmas in infertility treatment

    Directory of Open Access Journals (Sweden)

    Dragojević-Dikić Svetlana

    2004-01-01

    Full Text Available One of the main characteristics of the new millennium is the affirmation of human rights in all aspects of human existence, with the intention of turning declarative statements into reality. Development of up-to-date assisted reproductive technologies (ART and their application in infertility treatment have raised numerous ethical, legal, religious, social and other questions. In vitro fertilization, donation of gametes, embryos and pre-embryos, cryopreservation of gametes, embryos, ovarian and testicular tissues, embryo transfer, genetic reproductive techniques, cloning and other sophisticated methods used in infertility treatment require cooperation between the medical and legal professions. Ethical aspects of human reproduction and assisted fertilization are based on full respect of the life of an individual even before conception, from pre-embryo stage, via embryo stage and fetus stage to a newborn infant. Regarding investigative and clinical projects, this standpoint implies the legalization of all ART procedures, unencumbered exchange of information and consensus about their application, and adherence to the basic ethical principles of autonomy benefit, justice and common welfare. Ethical postulates provide unequivocal directions in the creation of new life and resolve all possible ethical dilemmas, protecting the rights of doctors and participant in relevant procedures alike and reasserting the crucial principle - respect of human dignity.

  15. Discussion of the design of satellite-laser measurement stations in the eastern Mediterranean under the geological aspect. Contribution to the earthquake prediction research by the Wegener Group and to NASA's Crustal Dynamics Project

    Science.gov (United States)

    Paluska, A.; Pavoni, N.

    1983-01-01

    Research conducted for determining the location of stations for measuring crustal dynamics and predicting earthquakes is discussed. Procedural aspects, the extraregional kinematic tendencies, and regional tectonic deformation mechanisms are described.

  16. Legal and Practical Aspects of Child Custody, Visitation and ...

    African Journals Online (AJOL)

    Although divorce disrupts the marital bond thereby terminating marital rights and obligations, each parent's obligations to the wellbeing and upbringing of children (custody, visitation rights, and maintenance) persists. This article examines the practice of courts with regard to child custody, visitation rights and obligation to ...

  17. Author: M Swanepoel LEGAL ASPECTS WITH REGARD TO ...

    African Journals Online (AJOL)

    user

    Associate Professor, Unisa, School of Law, Department of. Jurisprudence. E-mail: MagdSwanem@unisa.ac.za. 1. Burchell Principles of ..... a result, he lapsed into an automatistic state, during which he began shooting at people in the bar, killing one person. The question was whether the accused had suffered from a mental ...

  18. The Central Bank and the State Budget: Selected Legal Aspects

    OpenAIRE

    Andrzej Borodo

    2015-01-01

    The Polish Central Bank (National Bank of Poland – NBP) performs mainly macro-economic tasks, for maintaining price levels. This Bank is not focused on tasks aimed at the interests of the State Budget. The Central Bank has a lot of power in the creation of money. It seems, there is possible to create the budgetary revenues, which are connected with the emission of money. In particular, the income from emission of coins may be determined as the budget revenue. The connection the Treasury with ...

  19. Legal Aspects of a Location-Based Mobile Advertising Platform

    DEFF Research Database (Denmark)

    Cleff, Evelyne Beatrix; Gidofalvi, Gyozo

    2008-01-01

    Recent advances in communication and information technology, such as the increasing accuracy of GPS technology and the miniaturization of wireless communication devices pave the road for Location-Based Services. Among these services, mobile advertising is predicted to represent a high yield revenue...... stream. In this article the possibilities of using a location-aware mobile messenger for the purpose of mobile advertising will be introduced. However, mobile advertising may become an extremely intrusive practice if the user's privacy is not taken in account. The objective of this article is therefore...

  20. Medical and legal aspects of teleradiology in Germany

    International Nuclear Information System (INIS)

    Rosenberg, C.; Langner, S.; Rosenberg, B.; Hosten, N.

    2011-01-01

    In teleradiology, imaging data are transferred over a distance. This service is provided for the purpose of consulting or teleradiological reading in the narrower sense. Once a justification has been proposed in the latter, the examination is performed under the responsibility of a radiologist who is not present on site. The need for teleradiology services often derives from sparsely populated areas, a shortage of doctors, or the need for cost-efficient provision of radiological examinations. The providers and recipients of teleradiology services enter into an agreement specifying conditions for data transfer. The German ionizing radiation (medical exposure) regulations demand that the teleradiologist holds radiation protection qualifications and is able to reach the examination site within 45 - 60 minutes. In Germany, teleradiology services are still limited to nights, weekends, and vacations, although the German regulations allow an expansion under certain circumstances. Efforts to fundamentally change radiology in favor of teleradiology are putting the status of a radiological medical act as well as current teaching models at risk, thereby indirectly sustaining physician shortage. Transnational teleradiology services offer the possibility of cost reduction, taking advantage of out-of-hour reading and wage fluctuation. At the same time, such services are associated with deficits in quality and availability of personnel as well as the quality of medical services. In the long-term teleradiology concepts will fundamentally change radiology. Smaller radiology units will concentrate on daily business and fast reporting. Larger units also providing academic teaching can use teleradiology networks to offer specialized readings. (orig.)

  1. EU Perspective of the Legal and Economic Aspects of Franchising

    OpenAIRE

    Sotiroski, Ljupco

    2016-01-01

    The concept of franchising, most often is defined as a method of marketing of goods and services. Certainly this kind of definition is insufficient. Franchising is more than a method of distribution, a specific way of financial depletion of the meaning without an investment of own capital from franchisee. Franchising system of business people give the required experience and access to methods and enable them to get profit from the reputation of the mark which defined reputation. This paper ai...

  2. CURRENT PRACTICES AND MEDICO-LEGAL ASPECTS OF PRE ...

    African Journals Online (AJOL)

    hi-tech

    2004-07-01

    Jul 1, 2004 ... Lecturer 1, Faculty of Law and S. Mohammed, MBBS., Resident Doctor, Department of Community Health, University of ... Over a hundred respondents were not informed of risk of procedure. .... requires patient's capacity, adequate disclosure of ... dealing with cases requiring major surgical procedures.

  3. 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)

  4. LEGAL NIHILISM AS A THREAT TO RUSSIA'S MODERNIZATION (SOCIOLOGICAL ASPECT

    Directory of Open Access Journals (Sweden)

    Yu. V. Krasilnikova

    2010-01-01

    Full Text Available Nihilistic attitude to Law is discussed as one of most serious threats to modernization currently carried out in Russia. «Law nihilism» term is defined, its social forms and influence on political and social development is discussed.

  5. Legal aspects of motor traffic trauma in Sri Lanka

    Directory of Open Access Journals (Sweden)

    Clifford Perera

    2016-12-01

    Legislation plays a critical role in regulating motor traffic in a country. The Motor Traffic Act of Sri Lanka has undergone many revisions in the recent past to accommodate new provisions to regularize road traffic effectively. However implementation of such provisions is heavily dependent on the rapid and effective action of the police on road traffic offences and awareness and attitudes of courts towards penalizing offenders in view of streamlining the legislation on road traffic.

  6. Legal Aspects of Personnel Management in Higher Education.

    Science.gov (United States)

    Kaiser, Michael G.; Greer, Dwight

    1988-01-01

    Reviews legislation and court decisions affecting higher education with respect to labor relations, promotion of minorities, retrenchment, sexual harassment, liability insurance, the impact of AIDS on personnel policies, affirmative action, and equal employment opportunity. (DMM)

  7. The legal aspects involving repetitive strain injuries (RSI)

    OpenAIRE

    Techy, Antonio; Siena, Cesar; Helfenstein Junior, Milton [UNIFESP

    2009-01-01

    No relacionamento entre médico e paciente, além da boa prática da medicina, o médico está obrigado a conhecer e cumprir as leis, normas e convenções que podem garantir direitos a uns e gerar obrigações a outros, com base nas informações criadas e perenizadas em prontuários, atestados e pareceres, que servirão de referência às decisões de entidades públicas ou privadas na concessão ou na recusa de direitos e deveres legais. Apontamos como os médicos devem se comportar em relação aos pacientes ...

  8. Medical error disclosure and patient safety: legal aspects

    Directory of Open Access Journals (Sweden)

    Olivier Guillod

    2013-12-01

    Full Text Available Reducing the number of preventable adverse events has become a public health issue. The paper discusses in which ways the law can contribute to that goal, especially by encouraging a culture of safety among healthcare professionals. It assesses the need or the usefulness to pass so-called disclosure laws and apology laws, to adopt mandatory but strictly confidential Critical Incidents Reporting Systems in hospitals, to change the fault-based system of medical liability or to amend the rules on criminal liability. The paper eventually calls for adding the law to the present agenda of patient safety.

  9. The Asean Space Organization : legal aspects and feasibility

    NARCIS (Netherlands)

    Noichim, Chukeat

    2008-01-01

    In the 21st century, space activities increasingly affect global society, economy, technology, culture, and the environment. Many countries wish to develop space activities in order to obtain space benefits. However, a lot of them, especially developing countries, face huge obstacles such as lack of

  10. Ethical, legal and social aspects of the approach in Sudan

    NARCIS (Netherlands)

    El Sayed, Badria B.; Malcolm, Colin A.; Babiker, Ahmed; Malik, Elfatih M.; El Tayeb, Mohammed A. H.; Saeed, Nageeb S.; Nugud, Abdel Hameed D.; Knols, Bart G. J.

    2009-01-01

    The global malaria situation, especially in Africa, and the problems frequently encountered in chemical control of vectors such as insecticide resistance, emphasize the urgency of research, development and implementation of new vector control technologies that are applicable at regional and local

  11. Environmental restoration and biological contamination: ecological and legal aspects

    Directory of Open Access Journals (Sweden)

    Ademir Reis

    2005-05-01

    Full Text Available Environmental restoration is a pressing current need. However, protected areas have been exposed to biological contamination risks because the traditional techniques of restoration frequently use exotic species. This causes some concern, since biological contamination is the second major cause of species extinction in the world. It is important to use only native species in restoration projects in order to promote an effective environmental restoration without the risk of contamination. This paper discusses some issues concerning environmental restoration, biological contamination and the need for clearer laws.

  12. Legal aspects of extending nuclear reactor life beyond 40 years

    International Nuclear Information System (INIS)

    Reis, H.F.; DeMastry, J.A.

    1988-01-01

    The paper suggest that, as a practical matter, interested persons will have to be afforded an opportunity for a hearing in connection with the renewal of operating licenses beyond their current 40-year term. It describes and examines the three types of hearing procedures that might be employed: adjudicatory, legislative and hybrid. It concludes that hearings of any of the three types could be completed in time for a go/no go decision for the lead plants by the mid-1900's. However, if the adjudicatory-type hearing now used for NRC licensing proceedings is employed, certain changes in procedures would be advisable

  13. Active and intelligent food packaging: legal aspects and safety concerns

    NARCIS (Netherlands)

    Dainelli, D.; Gontard, N.; Spyropoulos, D.; Zondervan-van den Beuken, E.; Tobback, P.

    2008-01-01

    'Active and intelligent' (A&I) food packaging is based on a deliberate interaction of the packaging with the food and/or its direct environment. This article presents: (i) the main types of materials developed for food contact; (ii) the global market and the future trends of active and intelligent

  14. economic and legal aspects related to the utilization of certain

    African Journals Online (AJOL)

    its kind in the world. However, the ... cupational safety of mill workers and environmental impact. Legislation ..... feeds. Certain cultivars, mainly the K.F. class, combining all the birdproof ... are prohibited from manufacturing and advocating ba-.

  15. The Legal Aspects of Student Discipline in Higher Education.

    Science.gov (United States)

    Young, D. Parker

    The proliferation of court cases involving student discipline testifies to controversy over administrative procedures. Generally, a college's disciplinary policy is viewed as part of the learning process. Courts in the past have ruled favorably on the contractual theory which decrees that an entering student agrees to abide by certain university…

  16. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  17. An introduction to optimal satellite range scheduling

    CERN Document Server

    Vázquez Álvarez, Antonio José

    2015-01-01

    The satellite range scheduling (SRS) problem, an important operations research problem in the aerospace industry consisting of allocating tasks among satellites and Earth-bound objects, is examined in this book. SRS principles and solutions are applicable to many areas, including: Satellite communications, where tasks are communication intervals between sets of satellites and ground stations Earth observation, where tasks are observations of spots on the Earth by satellites Sensor scheduling, where tasks are observations of satellites by sensors on the Earth. This self-contained monograph begins with a structured compendium of the problem and moves on to explain the optimal approach to the solution, which includes aspects from graph theory, set theory, game theory and belief networks. This book is accessible to students, professionals and researchers in a variety of fields, including: operations research, optimization, scheduling theory, dynamic programming and game theory. Taking account of the distributed, ...

  18. Flying High: The Aeromedical Aspects of Marihuana

    Science.gov (United States)

    A summary of the discussions from the Civil Aeromedical Institute Symposium on aeromedical aspects of marihuana is presented. The invited panel...discussed the legal aspects of marihuana use and aviation, the experiences of military aviation, and the acute and chronic effects of the drug. For civil...aviation, the panel proposed a 12-16 hour period between marihuana use and work in aviation, no radical changes in FAA policy towards marihuana use, and additional research on aeromedical aspects of marihuana .

  19. Toward the Public Dividend: A Report on Satellite Telecommunications and the Public Interest Satellite Association.

    Science.gov (United States)

    McGraw, Walter

    This report points out that the communications satellite appears to be on its way to becoming one of the most dominant and controlling technologies of our time, and this requires that a new evaluation be made of our entire communications process. The first section of the report discusses many aspects of the history of satellites, including the…

  20. Legal questions concerning the termination of spent fuel element reprocessing

    International Nuclear Information System (INIS)

    John, Michele

    2005-01-01

    The thesis on legal aspects of the terminated spent fuel reprocessing in Germany is based on the legislation, jurisdiction and literature until January 2004. The five chapters cover the following topics: description of the problem; reprocessing of spent fuel elements in foreign countries - practical and legal aspects; operators' responsibilities according to the atomic law with respect to the reprocessing of Geman spent fuel elements in foreign countries; compatibility of the prohibition of Geman spent fuel element reprocessing in foreign countries with international law, European law and German constitutional law; results of the evaluation

  1. Cybersecurity threats to satellite communications: Towards a typology of state actor responses

    Science.gov (United States)

    Housen-Couriel, Deborah

    2016-11-01

    Cybersecurity threats to satellite communications are a relatively new phenomenon, yet have quickly come to the forefront of concern for the sustainability of satellite systems due to the vulnerabilities that such threats may exploit and negatively impact. These vulnerabilities are mission-critical: they include launch systems, communications, telemetry, tracking and command, and mission completion. They and other aspects of satellite communications depend heavily on secure and resilient cyber capabilities for all stages of the satellite's lifespan. Because of the inherently global nature of both satellite and cyberspace activities, these capabilities rely significantly on international cooperation for setting a baseline of agreed legal norms that protect satellites and satellite communications. This critical cooperation is relevant during all mission phases, from planning to final wrap-up. Under optimal circumstances, the norms and standards protecting satellites and satellite transmissions are developed and enforced by those nation-state actors that are committed to system operability and overall mission sustainability for those satellites launched under their aegis and responsibility. However, when breaches of international law do occur in the form of hostile cyber events that cause damage to satellite communications, a range of measures should be available to the victim state, provided by the appropriate legal regime or regimes. This article proposes that a comprehensive and integrative multi-stakeholder review be undertaken in the near future of the measures available under international law for responding to hostile acts directed at satellite systems and communications, in a manner that takes into account both existing regimes of international law reviewed herein, as well as considerations of cybersecurity. These measures will depend upon the characterization of hostile interference with satellite transmissions in accordance with a proposed typology of

  2. Satellite Telecommunications.

    Science.gov (United States)

    Forum, 1986

    1986-01-01

    This issue of a quarterly publication of the Council of Europe covers aspects of the history, technology, policies, and impact of telecommunications in Europe, with an emphasis on European television. The following articles are included: (1) "Man and the World of Telecommunications" (Piet Stoffelen); (2) "The European Communications…

  3. Medicolegal aspects of iatrogenic root perforations

    DEFF Research Database (Denmark)

    Tsesis, I; Rosen, E; Bjørndal, L

    2014-01-01

    AIM: To retrospectively analyze the medico-legal aspects of iatrogenic root perforations (IRP) that occurred during endodontic treatments. METHODOLOGY: A comprehensive search in a professional liability insurance database was conducted to retrospectively identify cases of IRP following root canal...... treatment (p root perforation is a complication of root canal treatment and may result in tooth extraction...... and in legal actions against the treating practitioner. Mandibular molars are more prone to medico-legal claims related to root perforations. The patient should be informed of the risks during RCT and should get information on alternative treatments and their risks and prognosis...

  4. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  5. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, 𔃺 le. ~~rt n the

  6. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  7. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  8. Aspek Legal Penguasaan Hutan oleh Mukim

    Directory of Open Access Journals (Sweden)

    Husin Taqwaddin

    2010-04-01

    Full Text Available ABSTRACT: Mukim is one of the unique structure in Governance of Aceh, in which it is federation from several Gampong (village which exist since Islam Religious lesson came to Aceh region. Therefore Mukim has long path story, it resulted authority and authority of Mukim in the past has already sufficient known and obeyed by the people who stayed in the Mukim area.  Mukim has authority toward all of its territory, in the land and also in the sea. In the lagal aspect, Mukim since past until nowadays has the power basis or legal jurisdiction toward the Forrest in each Mukim area. The forrest exist in the Mukim area measured by the requirement go and back for a day, it is understood by the Mukim community as Uteun Mukim in which it is also called as rights of Kullah (Uteun Potallah. So terminology of Uteun Mukim is equivalent with Customary Forrest (hutan adat in the Indonesia’s of national law.  In the managerial aspect, in the Forrest management affair, the roles and responsibilities in the Mukim area are led by the customary chief of Forrest (Panglima Uteun or Pawang Glee. The management and using of the customary forest of Mukim almost always has coordination Imuem Mukim with Pawang Glee and also Petua Seunebok.   Legal Aspect of the Forest Management by Mukim

  9. [Uterine subrogation: medical and legal aspects of the first legally supported case in Argentina].

    Science.gov (United States)

    Urquiza, M Fernanda; Carretero, Inés; Quaini, Fabiana Marcela; Inciarte, Florencia; Pasqualini, R Agustín; Pasqualini, R Sergio

    2014-01-01

    A woman aged 38 was referred to this center for surrogacy treatment, after subtotal ablation of her uterus due to a severe postpartum hemorrhage. Her hormonal profiles and ovarian structure were normal. The husband proved fertile and semen analysis was normal. The carrier, a woman 39 years old, fertile with two children of her own, and a long bonding friendship with the patient. After hormonal stimulation with gonadotropins and GnRH antagonist, six mature oocytes were obtained. These originated four embryos after in vitro fertilization, three of which were transferred to the carrier, achieving a singleton pregnancy which led to the birth of a normal child, now more than a year old. A lawsuit was filed after birth requesting the baby be registered with the biological parents name. The judge granted the request based on evidence and testimonies provided, international jurisprudence history and specification in Article 19 of the Argentine Constitution: "No inhabitant of the Nation shall be obliged to do what the law does not demand .nor be deprived of what it does not prohibit". This is an almost ideal example of the proceedings in a case of subrogation. However, we must always bear in mind the fact that in our country there is as yet no regulatory framework for these treatments, therefore there is a high probability of conflict.

  10. The Legal Aspects of Bullying and Harassment of Students with Disabilities: School Leaders' Legal Obligations

    Science.gov (United States)

    Eckes, Suzanne; Gibbs, Jesulon

    2012-01-01

    Research demonstrates that students with disabilities are harassed more than their nondisabled peers. Students with disabilities who have been severely harassed have argued that they are not receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) as required by Individuals with Disabilities Education Act…

  11. Weaponisation of Space - Some Legal Considerations

    Science.gov (United States)

    Jolly, C.

    2002-01-01

    This paper will examine a current national initiative from the United States of America to achieve greater national security through the `weaponisation' of extra-atmospheric space. We will propose a synthesis of the current international legal framework pertaining to military activities in space. Based on the analysis of the legal regime and on some current national and regional political initiatives, we will make some practical recommendations to prevent an arms race in space. Civil remote sensing, telecommunications, and launchers launch vehicle technologies have all benefited from a military heritage. They are dual use technologies, in other words, technologies that have both military and civilian applications. In fact, space has always been militarised, ever since the first satellites were put in orbit for reconnaissance missions. But recently, some national policies and technological advances are making the militarisation of space less `discrete'. Military assets from different countries are already stationed in orbit (e.g. reconnaissance and navigation satellites), but they might soon be joined by new `space weapons' with lethal strike capabilities. Currently, in the United States, military and civilian space activities are being closely intertwined. A typical example is the call of the NASA Administrator Sean O'Keefe, a former Secretary of the Navy, for closer cooperation on research and development between NASA and the Department of Defense. Concerning plans to station weapons in space, the American Air Force Space Command issued, in February 2000, its `Strategic Master Plan for FY02 and Beyond'. It states that the United States "...future Air Force Space Command capabilities will enable a fully integrated Aerospace Force to rapidly engage military forces worldwide. [...] Full spectrum dominance in the space medium will be achieved through total space situational awareness, protection of friendly space assets, prevention of unauthorized use of those assets

  12. Semantiz Structure of the Legal Term

    Directory of Open Access Journals (Sweden)

    Екатерина Владимировна Кулевская

    2016-12-01

    Full Text Available The article examines the semantic structure of the legal term. Nowadays, with the rapid development of cross-cultural communication, people, while pursuing their professional career, learn specific languages, including the language of law, with terms being its important component. Terms can often impede the process of successful cross-cultural communication so teaching cross-cultural communication, according to many researchers, including P. Cranmer and K. Koskinen, is immensely important. The article aims to demonstrate that a legal term, a word or phrase used in legislation, is a generalized name for a legal concept that may lack a precise meaning in practice as it is polysemous. To proof this statement, the semantic structure of the legal term is studied from the cognitive point of view. The key terms (term, frame, lexico-semantic variant of a word, microframe (reference category are defined at the beginning of the article. The article also describes the classification of various semantic structures of terms developed by Prof. Belyayevskaya, based on an analysis of the cognitive foundations of the typology of semantic structures as well as on the classification of meanings. They are homogeneous semantic structures, with different lexico-semantic variants of a polysemous word representing different aspects of one microframe; these structures include monosemous terms, polysemous terms with a homogeneous semantic structure, and terms with the intermediate type of lexemes. Heterogeneous semantic structures are semantic structures, with a lexico-semantic variant of a word representing two or more reference categories rather than one category; these structures are considered to be “classical” polysemy. Two types of such structures are introduced in the article, with examples of the actualization of their lexical meaning in speech being analysed (there were used examples from the British and Russian National corpora; official legal documents and

  13. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  14. Geostationary Satellite (GOES) Images

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — Visible and Infrared satellite imagery taken from radiometer instruments on SMS (ATS) and GOES satellites in geostationary orbit. These satellites produced...

  15. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  16. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  17. [Medical-legal issues of physical and pharmacological restraint].

    Science.gov (United States)

    Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

    2014-03-01

    The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  18. Legal problems of energy supply within the European Communities

    International Nuclear Information System (INIS)

    Tettinger, P.J.

    1993-01-01

    The report contains two articles; the first one is titled: The Directives on Transit of Gas and Electricity - Considerations regarding the juridical limits of the realisation of the Internal Market in the Energy Sector. It has basic considerations regarding the competences of the EC-legal nature of primary and secondary Community law; it analyzes the network of competences, the legality of the Commission's Proposals concerning the Internal Energy Market and further on the possibilities of legal recourse for enterprises in the Federal Republic of Germany in case the proposal directives are adopted. The second article deals with legal problems of energy supply within the EC-especially under the aspect of British coal mining. It incluses considerations regarding a proposed European Energy Charter, recent developments in EC-law regarding electricity and natural gas, third country imports: dumping, and privatisation. (HSCH)

  19. LEGAL SECURITY ON CELLPHONE TRADING THROUGH ELECTRONIC MEDIA IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Aan Aswari

    2017-05-01

    Full Text Available The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in performing its obligation reflect the concrete aspect. Warranty provides protection security for related parties with some governing regulations during transaction. However, some other supporting components have not been effectively contribute to balance the utilization of technology in trading. Keywords: legal security, trading, cellphone, electronic media

  20. The duty to consult and legal obligations

    Energy Technology Data Exchange (ETDEWEB)

    Carpenter, A.W. [Lawson Lundell Lawson and MacIntosh, Calgary, AB (Canada)

    2002-07-01

    Aboriginal law in Canada has been evolving and industry is beginning to engage in the change. This presentation describes the legal aspects regarding Aboriginal rights and the duty to consult First Nations regarding treaty rights. The implications for First Nations and industry are described. Aboriginal peoples of Canada include the Indian, Inuit and Metis populations. Aboriginal titles exist, therefore they are constitutionally protected. The paper describes recent decisions regarding the Mikisew Cree First Nation versus Canada, the Taku River Tlinget versus Ringstad, and the Haida Nation versus British Columbia and Weyerhaeuser.

  1. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  2. Choosing ESRO's first scientific satellites

    Science.gov (United States)

    Russo, Arturo

    1992-11-01

    The choice of the scientific payloads of the European Space Research Organization's (ESRO's) first generation of satellites is analyzed. Concentration is on those aspects of the decision process that involved more directly the scientific community and that emerged as major issues in the discussion of the Launching Program Advisory Committee (LPAC). The main theme was the growing competition between the various fields of space science within the progressive retrenching of the Organization's financial resources available for the satellite program. A general overview of the status of the program by the end of 1966 is presented. The choice of the first small satellites' payloads (ESRO 1 and 2, and HEOS-A) and the difficult definition of the TD satellite program are discussed. This part covers a time span going from early 1963 to the spring of 1966. In the second part, the narrative starts from the spring of 1967, when the decision to recommend a second HEOS-type satellite was taken, and then analyzes the complex situation determined by the crisis of the TD program in 1968, and the debates which eventually led to the abandonment of TD-2 and the start of the far less ambitious ESRO 5 project.

  3. The legal regime for private space tourism activities—An overview

    Science.gov (United States)

    Hobe, Stephan

    2010-06-01

    "Space tourism" denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.

  4. PLURALISME HUKUM DAN URGENSI KAJIAN SOCIO-LEGAL MENUJU STUDI DAN PENGEMBANGAN HUKUM YANG BERKEADILAN SOSIAL

    OpenAIRE

    Kurniawan, E. Joeni Arianto

    2012-01-01

    ‘Justice’, philosophically, is classified into two; legal justice and social justice. Legal justice refers to justice based on the parameters of the rules while social justice may be defined as equality arises from human relation in the existing social structure. Referring to the implementation of the law nowadays, it is likely that justice cannot be achieved by looking only at the legal justice. Providing justice should also count on the aspect of social justice. Most of the time, the proble...

  5. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  6. Formal aspects of resilience

    Directory of Open Access Journals (Sweden)

    Diana-Maria Drigă

    2015-12-01

    Full Text Available The concept of resilience has represented during the recent years a leading concern both in Romania, within the European Union and worldwide. Specialists in economics, management, finance, legal sciences, political sciences, sociology, psychology, grant a particular interest to this concept. Multidisciplinary research of resilience has materialized throughout the time in multiple conceptualizations and theorizing, but without being a consensus between specialists in terms of content, specificity and scope. Through this paper it is intended to clarify the concept of resilience, achieving an exploration of the evolution of this concept in ecological, social and economic environment. At the same time, the paper presents aspects of feedback mechanisms and proposes a formalization of resilience using the logic and mathematical analysis.

  7. Custom: The Development and Use of a Legal Concept in the Middle Ages

    DEFF Research Database (Denmark)

    This volume, the fifth in the series, contains the proceedings from the conference Custom. The Development and Use of a Legal Concept in the Middle Ages held at the Law School at the University of Aarhus in May 2008. The volume covers topics from local case studies and studies of learned law...... to broader reflections on the development and use of the legal concept consuetudo and its connection with other sources of law, with the balance between local and regional power structures, and secular and ecclesiastical societies in medieval Europe. Combining the approaches of several historical disciplines...... - political, social, intellectual, and legal -international eminent scholars offer their views on central aspects of the function of legal customs and of the development of one of the most debated concepts in legal historiography of the last century. Students and scholars of European legal history and legal...

  8. The Legal Context of Sexual Harassment in Education.

    Science.gov (United States)

    Shoop, Robert J.

    1998-01-01

    Discusses legal aspects of sexual harassment in educational settings: definitions, the central issue of impact on the educational environment, questions about consensual sexual relationships, the concept of welcomeness, rights of the accused, issues of academic freedom, and successful defenses. Overviews relevant legislation, court cases,…

  9. Legal Issues Affecting Faculty and Administration in Higher Education.

    Science.gov (United States)

    Peach, Larry E.; Reddick, Thomas L.

    Legal aspects of college teaching and administration are discussed. The faculty and college are liable by tort law for students in three ways: intentional acts or interference, strict liability, and negligence. Intentional acts include improperly installed or dangerous equipment, while strict liability cases usually occur where fault is not…

  10. Legal consequences of the Chernobyl accident in the FRG

    International Nuclear Information System (INIS)

    1988-01-01

    The author considers that the Chernobyl accident was a challenge to lawmakers and lawyers. This paper reviews the different aspects under which it has tested the legal system governing the peaceful use of nuclear energy in the Federal Republic of Germany. In particular, regulations protecting the public from the dangers of ionizing radiation proved to be inadequate and had to be amended (NEA) [fr

  11. International perspectives on the legal environment for selection

    NARCIS (Netherlands)

    Myors, B.; Lievens, F.; Schollaert, E.; van Hoye, G.; Cronshaw, S.F.; Mladinic, A.; Rodríguez, V.; Aguinis, H.; Steiner, D.D.; Rolland, F.; Schuler, H.; Frintrup, A.; Nikolaou, I.; Tomprou, M.; Subramony, S.; Raj, S.B.; Tzafrir, S.; Bamberger, P.; Bertolino, M.; Mariani, M.; Fraccaroli, F.; Sekiguchi, T.; Onyura, B.; Yang, H.; Anderson, N.; Evers, A.; Chernyshenko, O.; Englert, P.; Kriek, H.J.; Joubert, T.; Salgado, J.F.; König, C.J.; Thommen, L.A.; Chuang, A.; Sinangil, H.K.; Bayazit, M.; Cook, M.; Shen, W.; Sackett, P.R.

    2008-01-01

    Perspectives from 22 countries on aspects of the legal environment for selection are presented in this article. Issues addressed include (a) whether there are racial/ethnic/religious subgroups viewed as "disadvantaged," (b) whether research documents mean differences between groups on individual

  12. Medical safety in boxing: administrative, ethical, legislative, and legal considerations.

    Science.gov (United States)

    Schwartz, Michael B

    2009-10-01

    The roles and responsibilities of the ringside physician are complex and have evolved into a unique specialty in sport medicine. In addition to the medical aspects of ringside medicine, the doctor is now responsible for many administrative, ethical, and legal considerations. This article reviews and details the numerous roles the ringside physician plays in the sport of boxing.

  13. Organization aspect

    NARCIS (Netherlands)

    Grefen, P.W.P.J.; Mehandjiev, N.; Mehandjiev, N.; Grefen, P.W.P.J.

    2010-01-01

    Following the BOAT framework discussed in Chapter 1, this chapter describes the organization aspect of the CrossWork approach. It shows how the business requirements identified in the previous chapter can be fulfilled by dynamic organization structures and business processes in Networks of

  14. Legality Principle of Crimes and Punishments in Iranian Legal System

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  15. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  16. Legal problems in the concretisation of the fundamental requirements on radiation protection. 1. paper

    International Nuclear Information System (INIS)

    Bartholdy, V.

    1980-01-01

    The author deals with questions of radioecological regulations based on Sect. 45 p. 2 of the Radiation Protection Ordinance, emphasizing its significance for the transparency of decision-making processes under the Atomic Energy Law - which is not only a legally relevant aspect in the interest of debunking the discussion on nuclear energy utilization, but also under constitutional criteria of legal clarity. (HP) [de

  17. Radioactive waste management. What are the institutional aspects

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

    The report on ''Long term management of radioactive wastes. Legal administrative and financial aspects'' published by the NEA is commented in this paper. Storage, disposal, monitoring, financing liability and national policy are evoked [fr

  18. Iodine Satellite

    Science.gov (United States)

    Kamhawi, Hani; Dankanich, John; Martinez, Andres; Petro, Andrew

    2015-01-01

    The Iodine Satellite (iSat) spacecraft will be the first CubeSat to demonstrate high change in velocity from a primary propulsion system by using Hall thruster technology and iodine as a propellant. The mission will demonstrate CubeSat maneuverability, including plane change, altitude change and change in its closest approach to Earth to ensure atmospheric reentry in less than 90 days. The mission is planned for launch in fall 2017. Hall thruster technology is a type of electric propulsion. Electric propulsion uses electricity, typically from solar panels, to accelerate the propellant. Electric propulsion can accelerate propellant to 10 times higher velocities than traditional chemical propulsion systems, which significantly increases fuel efficiency. To enable the success of the propulsion subsystem, iSat will also demonstrate power management and thermal control capabilities well beyond the current state-of-the-art for spacecraft of its size. This technology is a viable primary propulsion system that can be used on small satellites ranging from about 22 pounds (10 kilograms) to more than 1,000 pounds (450 kilograms). iSat's fuel efficiency is ten times greater and its propulsion per volume is 100 times greater than current cold-gas systems and three times better than the same system operating on xenon. iSat's iodine propulsion system consists of a 200 watt (W) Hall thruster, a cathode, a tank to store solid iodine, a power processing unit (PPU) and the feed system to supply the iodine. This propulsion system is based on a 200 W Hall thruster developed by Busek Co. Inc., which was previously flown using xenon as the propellant. Several improvements have been made to the original system to include a compact PPU, targeting greater than 80 percent reduction in mass and volume of conventional PPU designs. The cathode technology is planned to enable heaterless cathode conditioning, significantly increasing total system efficiency. The feed system has been designed to

  19. Legal culture as a factor of social stability

    Directory of Open Access Journals (Sweden)

    M M Akulich

    2015-12-01

    Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

  20. Disarmament verification and its contribution to the theory of international control: A legal study

    International Nuclear Information System (INIS)

    Sayed Anwar Abou Ali.

    1991-01-01

    In this paper, the Deputy Director of the Department of International Organizations in the Ministry of Foreign Affairs, Egypt, discusses the legal aspects related to the international control for verification of disarmament