Commerce, Research and Education: Contributions and Challenges of Marine Extension Work in NOAA Sea Grant Program-Puerto Rico, Michigan and National office

Science.gov (United States)

Aleman Diaz, A.

2006-12-01

The National Sea Grant program represents NOAA's nationwide university-based program in support of coastal resource use and conservation. This program is composed of 30 university-based programs that work with local coastal communities. This study focuses on a historical and multi-sited ethnographic approach that analyzes two Sea Grant Programs and their connection to the overarching NOAA national goals from 1980- 2000.The project aims to offer insight on how the extension agent position facilitates the resolution of coastal and marine management and tourism issues. The extension agents are staff who have an extensive knowledge of available coastal resources and have the role of translating this information to coastal stakeholders. Additionally, these agents assess the needs of coastal communities and report back to the program making their role into a position that can effectively alter and/or contribute to institutional and environmental management programs at broader, cross-country and global levels. The extension programs in Michigan and Puerto Rico were examined to understand how local programs respond to cultural and regional processes shaping marine extension and the management of issues faced by coastal stakeholders. A total of 36 semi- structured in-depth interviews were completed at each site, to address the following questions: (1) How do extension agents view their role at the Puerto Rico and Michigan offices and in the Sea Grant program? How do they view the conditions of their work? (2) How do their views compare to the accomplishments by each Sea Grant administration and internal inquiries? How do their views reveal conditions documented in Puerto Rico and Michigan (e.g., social, cultural, political, economic, etc)? (3) What kind of strategies do agents develop for the management of specific coastal and tourism related projects? (4) How do the Puerto Rico and Michigan offices coordinate their work, and collaborate with other "college" programs and

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

34 CFR 75.129 - Legal responsibilities of each member of the group.

Science.gov (United States)

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Legal responsibilities of each member of the group. 75.129 Section 75.129 Education Office of the Secretary, Department of Education DIRECT GRANT PROGRAMS How To Apply for a Grant Group Applications § 75.129 Legal responsibilities of each member of the...

Combating piracy off the coast of Somalia: current legal challenges

NARCIS (Netherlands)

Fink, M.D.; Galvin, R.J.

2009-01-01

The ongoing maritime operations against piracy off the coast of Somalia have not only put naval enforcement against piracy at sea in the spotlight, but also the legal aftermath of what to do with pirates after their capture. While warships at sea within the current legal framework of UNCLOS and the

45 CFR 1634.3 - Competition for grants and contracts.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Competition for grants and contracts. 1634.3... CORPORATION COMPETITIVE BIDDING FOR GRANTS AND CONTRACTS § 1634.3 Competition for grants and contracts. (a... area will have access to a full range of high quality legal services in accordance with the LSC Act or...

Codes of conduct in public schools: a legal perspective

African Journals Online (AJOL)

Erna Kinsey

cation change in South Africa, particularly the transformation of public schools ... been granted legal personality to act as "juristic persons" (i.e. legal persons ..... cess, a decision is made to amend, or repeal, the code of conduct, de- pending on ...

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.

The U.S. continental shelf beyond 200 nautical miles. Legal questions arising from non-accession to the UN Convention on the Law of the Sea

OpenAIRE

Longtain, Shay

2015-01-01

The elaborate legal framework contained in Part VI of the 1982 United Nations Convention on the Law of the Sea (LOSC) resembles both codification and progressive development of the law of the sea as it relates to the continental shelf. As a non-party to the Convention, the United States is only bound to those provisions which now reflect customary rules of international law or have otherwise created rights or obligations for third states. This thesis identifies several distinct components o...

Artificial intelligence approach to legal reasoning

International Nuclear Information System (INIS)

Gardner, A.V.D.L.

1984-01-01

For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

Sifting Through Chaos: Extracting Information from Unstructured Legal Opinions.

Science.gov (United States)

Oliveira, Bruno Miguel; Guimarães, Rui Vasconcellos; Antunes, Luís; Rodrigues, Pedro Pereira

2018-01-01

Abiding to the law is, in some cases, a delicate balance between the rights of different players. Re-using health records is such a case. While the law grants reuse rights to public administration documents, in which health records produced in public health institutions are included, it also grants privacy to personal records. To safeguard a correct usage of data, public hospitals in Portugal employ jurists that are responsible for allowing or withholding access rights to health records. To help decision making, these jurists can consult the legal opinions issued by the national committee on public administration documents usage. While these legal opinions are of undeniable value, due to their doctrine contribution, they are only available in a format best suited from printing, forcing individual consultation of each document, with no option, whatsoever of clustered search, filtering or indexing, which are standard operations nowadays in a document management system. When having to decide on tens of data requests a day, it becomes unfeasible to consult the hundreds of legal opinions already available. With the objective to create a modern document management system, we devised an open, platform agnostic system that extracts and compiles the legal opinions, ex-tracts its contents and produces metadata, allowing for a fast searching and filtering of said legal opinions.

Filling regulatory gaps in high seas fisheries: discrete high seas fish stocks, deep-sea fisheries and vulnerable marine ecosystems

NARCIS (Netherlands)

Takei, Y.

2008-01-01

The present study examines the legal regime of high seas fisheries with a view to identifying regulatory gaps. The main research questions are as follows: 1. What general principles are applicable to high seas fisheries?; 2. What implications do these general principles have for new challenges in

Structuring to promote: Which Legal Framework for the Economic Development of Marine Energies?

International Nuclear Information System (INIS)

Gelas, Helene

2015-01-01

To this day, the development of renewable marine energies does not dispose of a satisfying legal framework. In the territorial sea, the construction and operation of renewable energy projects is subject to a series of permits stemming from different legislation (Occupation of the maritime public domain or the 'Water act Permit'). Because this framework is unable to foster the development of these energy sources, it should be simplified by either abandoning the requirement for a permit under the 'Water act' in favour of an extended licence of occupation granting the public authorities the same guarantees, or by the creation of an ad hoc permit regime to be included in the Energy Code. Also, the reinforcement of power purchase obligation mechanisms of the generated electricity to which these projects are eligible is required. Indeed, beyond the call for tenders and the existing feed-in tariffs, the development of marine renewable energy sources, in particular during the test stage (e.g. pilot offshore farms) has to be accompanied by a tailored tariff system. In the Exclusive Economic Zone, a decree was adopted in July 2013, which seeks to create a special permit granted by the decentralized administrative authority in charge of maritime issues (Prefet maritime). This new legal framework should foster the development of projects in the Zone. Due to the technical challenges, some other evolutions of the known regimes may be required because of the distance of the plants to the shore, for example regarding grid connection or the power purchase obligation regime. (author)

U.S. Legal Permanent Residents: Fiscal Year 2007

Data.gov (United States)

Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

U.S. Legal Permanent Residents: Fiscal Year 2010

Data.gov (United States)

Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

U.S. Legal Permanent Residents: Fiscal Year 2008

Data.gov (United States)

Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

U.S. Legal Permanent Residents: Fiscal Year 2012

Data.gov (United States)

Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

45 CFR 1634.5 - Identification of qualified applicants for grants and contracts.

Science.gov (United States)

2010-10-01

...) LEGAL SERVICES CORPORATION COMPETITIVE BIDDING FOR GRANTS AND CONTRACTS § 1634.5 Identification of... bidding process: (1) Current recipients; (2) Other non-profit organizations that have as a purpose the furnishing of legal assistance to eligible clients; (3) Private attorneys, groups of attorneys or law firms...

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

Directory of Open Access Journals (Sweden)

Oleksii Drozd

2017-12-01

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

Tacit Authorization : A Legal Solution for Administrative Silence

NARCIS (Netherlands)

Hoogstra, Nicole; de Graaf, K.J.

2016-01-01

This article discusses one of the current legal instruments to stimulate timely decision-making by administrative authorities, namely the ‘Lex silencio positivo’ or the ‘Silence is Consent’ rule. Tacit authorization prescribes that the license sought by the applicant will be granted automatically if

Legal Guarantees of Economic Competition in the European Union Public Procurement Regulation

Directory of Open Access Journals (Sweden)

E. Kosiński

2017-01-01

Full Text Available Purpose: the purpose of this publication is to assess legal guaranties of competition (free competition between contractors in broadly perceived process of granting public procurement, which means not only entering into a contract subject to the specific legal regime, concluded by a public purchaser, or possible private purchaser subordinated to that legal regime, with a contractor (contractors in order to satisfy its demand for certain goods or services, but also a due course of the whole process of granting public procurement, perceived as a sequence of factual and legal actions beginning with the moment of public announcement of a procurement, sending an invitation for submitting offers or sending invitation to negotiate for selection of an offer of a given contractor, up till final fulfilment of all obligations of the parties under the public procurement contract. Methods: the major research method is the dogmatic-legal method, namely an analysis of legal text of different laws. Moreover, there is a critical analysis of scholar literature. The most important in this context is to indicate mutual co-relations between competition and fair competition in area of public procurement system and to point other major principles of the public procurement process, such as non-discrimination rule, transparency, impartiality and objectiveness rule, legality rule, openness, rule of written form, primate of using tender mode (competitive mode, in another words it is a rule of extraordinary application of non-competitive modes or primate of granting public procurement in a tender mode. All of those rules constitute together components of the guarantee of genuine competition within the whole process of granting a public procurement. It must be stressed that the literature in the area of research in not really rich. This is accurate in terms of Polish literature and EU literature, too. Results. Conclusions and relevance: results of the research are such

Intimate partner violence: A helpful guide to legal and psychosocial ...

African Journals Online (AJOL)

The impact of intimate partner violence (IPV) is considerable. Yet, provincial ... the victim's sense of self-worth. ... practicalities of obtaining protection orders and accessing shelter services. .... for grants and legal documents such as birth.

75 FR 49017 - America's Marine Highway Grant Notice of Funding Availability

Science.gov (United States)

2010-08-12

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2010-0035] America's Marine... America's Short Sea Transportation Grants for the Development of Marine Highways, amended Section 55601 of the 2007 Energy Independence and Security Act, titled Short Sea Transportation Program. Section 3515...

Financial flow of Grant-oriented Projects

Directory of Open Access Journals (Sweden)

Nătăliţa-Mihaela Frumuşanu

2012-06-01

Full Text Available The present paper presents a survey of the legal stipulations and of the applicant’s guide regarding the methodology of the financial flow performance of the grant-financed projects (structural funds within a newly founded company. The opportunity and the importance of the paper is obvious, due to the fact that the grants represent an important source for the newly founded companies, especially for the coverage of the expenses afferent to the investment of equipments (assets, generally. Furthermore, the paper is very practical, marking out a case study that can constitute an example for the companies that want to access theses types of funds in order to finance certain investments.

Legal regime of the Bering Strait and security of navigation

Directory of Open Access Journals (Sweden)

Aleksandr S. Skaridov

2016-12-01

Full Text Available Objective to establish the legal regime and security of navigation in the Bering Strait. Methods formal logical method systemic method comparative legal method statistical method. Results in the recent years specialized publications contain numerous publications on the problems of development of Arctic shipping and the future intensification of the use of the Northern Sea Route. Whatever Arctic routes may be chosen by the skippers the vessels will have to overcome the narrowness of the Bering Strait. If the existing estimates are reasonable and the navigation of the NorthWest Sea Passage will increase it is appropriate to ask whether the legal regime and security means are adapted to the possible increase of commercial shipping and military navigation. In this respect the author formulates the legal measures aimed at ensuring security in the Bering Strait area with the account of growing cargo traffic. Scientific novelty for the first time the article proves the necessity to include into the Bering Strait area the territories bounded from the north by the east and west passages formed by the Diomede Islands and continental coasts of the Russian Federation and the United States and from the south ndash by the passages between the Cape of Chukotka and Cape Sevuokuk of St. Lawrence Island Cape Sivuka and the mainland of Alaska in order to protect the sea natural landscape and to ensure the maritime safety. The opinion is substantiated about the necessity to equip the marine passages forming the waters of the Bering Strait with a security system. The proposed legal regime of ensuring the safety of navigation in the Bering Strait which includes the common navigation rules establishing the areas of the vessel traffic separation designation of areas of marine reserves and organizationallegal means for damping the dangerous situations. Practical significance the findings and conclusions of the article can be used in scientific educational and law

Creating legal rights for rivers: lessons from Australia, New Zealand, and India

Directory of Open Access Journals (Sweden)

Erin L. O'Donnell

2018-03-01

Full Text Available As pressures on water resources increase, the demand for innovative institutional arrangements, which address the overuse of water, and underprovision of ecosystem health, is rising. One new and emerging approach is the use of legal personality to protect water systems in law through the granting of legal rights to rivers. This constitutes a significant development in the fields of environmental law and water resources management, yet little analysis is available of how the approach has been used and applied. We critically examine the new legal rights for rivers using three case studies from Australia, New Zealand, and India. We analyze how legal rights have been created in each case, and the complexity of enforcing these legal rights to protect the rivers. We conclude that legal personality could be a useful alternative approach for river management, provided that the new legal rights are given sufficient force and effect.

Protecting Ideas: Ethical and Legal Considerations When a Grant's Principal Investigator Changes.

Science.gov (United States)

Koniaris, Leonidas G; Coombs, Mary I; Meslin, Eric M; Zimmers, Teresa A

2016-08-01

Ethical issues related the responsible conduct of research involve questions concerning the rights and obligations of investigators to propose, design, implement, and publish research. When a principal investigator (PI) transfers institutions during a grant cycle, financial and recognition issues need to be addressed to preserve all parties' obligations and best interests in a mutually beneficial way. Although grants often transfer with the PI, sometimes they do not. Maintaining a grant at an institution after the PI leaves does not negate the grantee institution's obligation to recognize the PI's original ideas, contributions, and potential rights to some forms of expression and compensation. Issues include maintaining a role for the PI in determining how to take credit for, share and publish results that involve his or her original ideas. Ascribing proper credit can become a thorny issue. This paper provides a framework for addressing situations and disagreements that may occur when a new PI continues the work after the original PI transfers. Included are suggestions for proactively developing institutional mechanisms that address such issues. Considerations include how to develop solutions that comply with the responsible conduct of research, equitably resolve claims regarding reporting of results, and avoid the possibility of plagiarism.

Justice In Granting Remission For Corruption Prisoners A Review Of Indonesian Criminal Justice System

Directory of Open Access Journals (Sweden)

Mispansyah

2015-08-01

Full Text Available Abstract Prisoners are entitled to have a reduction in criminal past remission as stipulated in the Indonesian Criminal Justice System still being debated to this day. This research reviews the essence of the implementation of the substantive law in granting remission against inmate corruption cases from the perspective of public and individual interests. The type of research used in this paper is socio-legal research reviewing remission policy from the perspective of the criminal law system with philosophical and statute approach. The outcomes of the research indicate that the implementation of granting remission for corruption prisoners does not provide justice both procedural and substantive does not provide legal expediency and arising imbalance of justice for individuals communities and countries. The need to implement remissions with impartial justice for corruption prisoners in granting remission to be useful for individuals communities and countries.

The Enigmatic Nature of the Israeli Legal System

African Journals Online (AJOL)

RV

Cape Canaveral Air Force Station in Florida. In May 2012 ... increase, accidents will inevitably occur,24 which will give rise to legal questions relating to ..... the altitude of 100 kilometers above sea level (the so-called Von Kármán line58) can.

Legal traditions and initial endowments in shaping the path of financial development

OpenAIRE

Oto-Peralías, Daniel; Romero-Ávila, Diego

2014-01-01

The authors acknowledge financial support from the Spanish Ministry of Science and Technology through grant ECO2009-13357, the Spanish Ministry of Economics and Competitiveness through grant ECO2012-35430, and the Andalusian Council of Innovation and Science under Excellence Project SEJ-4546. This paper finds remarkable heterogeneity in the relationship between legal traditions and finance in former colonies. The effect of the British common law on financial development is conditioned by t...

78 FR 64249 - Notice of Intent To Award-Grant Awards for the Provision of Civil Legal Services to Eligible Low...

Science.gov (United States)

2013-10-28

... reflect the most current information available, i.e., 100% implementation of ACS 2009- 2011 poverty... Jersey Legal Services, NJ-16 1,149,705 Inc.. New Mexico DNA-Peoples Legal Services, NM-1 174,328 Inc.. DNA-Peoples Legal Services, NNM-2 20,981 Inc.. New Mexico Legal Aid MNM 80,485 New Mexico Legal Aid NM...

Science, truth, and forensic cultures: the exceptional legal status of DNA evidence.

Science.gov (United States)

Lynch, Michael

2013-03-01

Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of 'moral certainty', scientific proof attained a reputation for objectivity. Although most forms of legal evidence (including expert evidence) continue to be treated as fallible 'opinions' rather than objective 'facts', forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status of forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The 'administrative objectivity' of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of 'truth' in the criminal justice system. Copyright © 2012. Published by Elsevier Ltd.

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

Theory versus practice in Strategic Environmental Assessment (SEA)

Energy Technology Data Exchange (ETDEWEB)

Lobos, Víctor, E-mail: vlobosg@gmail.com [CEG-IST, Instituto Superior Técnico, Universidade de Lisboa, Research Group on Strategic Approaches to Environment and Sustainability (SENSU), 1049-001 Lisboa (Portugal); Centro de Estudios del Desarrollo, San Crescente 551, Las Condes, Santiago (Chile); Partidario, Maria [CEG-IST, Instituto Superior Técnico, Universidade de Lisboa, Research Group on Strategic Approaches to Environment and Sustainability (SENSU), 1049-001 Lisboa (Portugal)

2014-09-15

Could the theory of Strategic Environmental Assessment (SEA) be ahead of its time and decoupled from its practice? This paper evolved in search for this leading research question. Over the years the discourse on SEA experienced a gradual shift from the technocratic and rationalist thinking that supported its origin to more strategic approaches and integrated concepts, suggested since the mid 1990's. In this paper we share the results of our analysis of international thinking and practical experience with SEA. Results reveal that SEA practice changes very slowly when compared to advanced thinking supporting the noted shift. Current SEA practice shows to be still predominantly rooted in the logic of projects' environmental impact assessment (EIA). It is strongly bound to legal and regulatory requirements, and the motivation for its application persists being the delivery of environmental (or final) reports to meet legal obligations. Even though advanced SEA theoretical thinking claim its potential to help decisions to look forward, change mind-sets and the rationale of decision-making to meet sustainability challenges and enhance societal values, we note a weak relationship between the theoretical development of SEA and its practice. Why is this happening? Which factors explain this apparent inertia, resistance to change, in the SEA practice? Results appear to demonstrate the influence of assumptions, understandings, concepts, and beliefs in the use of SEA, which in turn suggest the political sensitivity of the instrument. - Highlights: • Theoretical thinking in SEA is ahead of its time. • SEA international practice reveals inertia to move out of project’ EIA comfort zone. • World current SEA practice show similar understandings of 30 years ago. • 100 world reports and survey of practitioners supported world review. • SEA great challenge is to change paradigms into new scientific complexity theories.

Theory versus practice in Strategic Environmental Assessment (SEA)

International Nuclear Information System (INIS)

Lobos, Víctor; Partidario, Maria

2014-01-01

Could the theory of Strategic Environmental Assessment (SEA) be ahead of its time and decoupled from its practice? This paper evolved in search for this leading research question. Over the years the discourse on SEA experienced a gradual shift from the technocratic and rationalist thinking that supported its origin to more strategic approaches and integrated concepts, suggested since the mid 1990's. In this paper we share the results of our analysis of international thinking and practical experience with SEA. Results reveal that SEA practice changes very slowly when compared to advanced thinking supporting the noted shift. Current SEA practice shows to be still predominantly rooted in the logic of projects' environmental impact assessment (EIA). It is strongly bound to legal and regulatory requirements, and the motivation for its application persists being the delivery of environmental (or final) reports to meet legal obligations. Even though advanced SEA theoretical thinking claim its potential to help decisions to look forward, change mind-sets and the rationale of decision-making to meet sustainability challenges and enhance societal values, we note a weak relationship between the theoretical development of SEA and its practice. Why is this happening? Which factors explain this apparent inertia, resistance to change, in the SEA practice? Results appear to demonstrate the influence of assumptions, understandings, concepts, and beliefs in the use of SEA, which in turn suggest the political sensitivity of the instrument. - Highlights: • Theoretical thinking in SEA is ahead of its time. • SEA international practice reveals inertia to move out of project’ EIA comfort zone. • World current SEA practice show similar understandings of 30 years ago. • 100 world reports and survey of practitioners supported world review. • SEA great challenge is to change paradigms into new scientific complexity theories

Deliverable 7.1: Legal Framework and Legal Barriers to an Offshore HVDC Electricity Grid in the North Sea : Intermediate Report for Stakeholder Review

NARCIS (Netherlands)

Nieuwenhout, C.T.

The present deliverable elaborates the current legal framework for offshore wind and grid development on international, European and national level. It is shown that often, the legal framework needs to be adapted in order to facilitate the development of a meshed offshore electricity grid. This is

Evaluating Research Ethics Training in the Maryland Sea Grant REU Program

Science.gov (United States)

Allen, M. R.; Kumi, G. A.; Kumi, B. C.; Moser, F. C.

2016-02-01

The NSF's Research Experiences for Undergraduates (REU) program is an opportunity to cultivate responsible research practices in researchers at an early stage in their career. However, teaching responsible research conduct and science ethics in this program has been challenging because of a lack of consensus regarding which instructional methods are most effective for educating students about ethical concepts and establishing the process of ethical decision-making. Over the last 15 years, Maryland Sea Grant's REU ethics program has evolved by exploring different teaching models and looking for ways to effectively engage upper level undergraduates throughout their summer experience in ethical responsibility training. Since 2007, we have adopted a concerted experiential learning approach that includes an ethics seminar, role playing, case studies, and reflection. Currently, our summer long ethics training includes: 1) an interactive seminar; 2) a workshop with role playing and case studies; 3) 1-2 readings; and 4) a roundtable discussion with faculty mentors and their mentees to discuss researchers' real-world experiences with ethical dilemmas. Within the last 3 years, we have expanded our student learning outcomes assessments by administering pre- and post-program surveys to assess ethical skills students acquire through the program. Reevaluations administered three and six years after the REU experience will measure long term effectiveness of the training. Results from the first group of students reveal a greater awareness of ethical issues following our summer program. Students show a high level of competence about "black and white" issues (falsification, fabrication, plagiarism), but are more challenged by ethical "gray areas" such as data ownership and authorship. Results suggest many undergraduates come to research programs with basic ethics training, but benefit from our additional focus on complex ethical dilemmas.

LEGAL CERTAINTY OF INDUSTRIAL DESIGN REVENUE IN INDONESIA BASED ON INTELLECTUAL PROPERTY APPROACH AND LEGAL COMPARISON

Directory of Open Access Journals (Sweden)

Ranti Fauza Mayana

2018-03-01

Full Text Available [Legal Certainty Of Industrial Design Revenue  In Indonesia Based On Intellectual Property Approach And Legal Comparison]  Protection of Industrial Designs, as well as intellectual property, is based on the ability of human creativity through creativity, taste and intention. According to Article 25 paragraph (1 TRIPs Protected Industrial Design Agreement is a new or original Industrial Design, this provision holds the principle that the novelty of a design is obtained when the design is differ from the previous, the novelty includes novelty and originality, the principal basis for the grant of Industrial Design, whereas this principle is not fully adopted in the provisions of Industrial Design. The Industrial Design Decree in Indonesia only requires novelty without clarifying how to interpret the novelty requirement so that a large number of Industrial Design Rights are obtained based on the Minor Change approach where slight differences in form and configuration have essentially demonstrated novelty. The minor change approach is considered to exclude the aspect of originality and is less able to provide legal certainty to the holder of the registered Industrial Design Rights. This paper aims to explore minor change approach as the basis for the evaluation of the novelty of Industrial Design in the perspective of comparative law in several countries of the world, namely the United States, Japan, the European Union and Australia as a study and reference material in an effort to establish protection of Industrial Design Rights in Indonesia that can provide legal certainty. Keywords: Industrial Design Revenue, Comparative Law.

Deep-sea genetic resources: New frontiers for science and stewardship in areas beyond national jurisdiction

Science.gov (United States)

Harden-Davies, Harriet

2017-03-01

The deep-sea is a large source of marine genetic resources (MGR), which have many potential uses and are a growing area of research. Much of the deep-sea lies in areas beyond national jurisdiction (ABNJ), including 65% of the global ocean. MGR in ABNJ occupy a significant gap in the international legal framework. Access and benefit sharing of MGR is a key issue in the development of a new international legally-binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity in ABNJ. This paper examines how this is relevant to deep-sea scientific research and identifies emerging challenges and opportunities. There is no internationally agreed definition of MGR, however, deep-sea genetic resources could incorporate any biological material including genes, proteins and natural products. Deep-sea scientific research is the key actor accessing MGR in ABNJ and sharing benefits such as data, samples and knowledge. UNCLOS provides the international legal framework for marine scientific research, international science cooperation, capacity building and marine technology transfer. Enhanced implementation could support access and benefit sharing of MGR in ABNJ. Deep-sea scientific researchers could play an important role in informing practical new governance solutions for access and benefit sharing of MGR that promote scientific research in ABNJ and support deep-sea stewardship. Advancing knowledge of deep-sea biodiversity in ABNJ, enhancing open-access to data and samples, standardisation and international marine science cooperation are significant potential opportunity areas.

Legal framework of the environmental regulatory regime

International Nuclear Information System (INIS)

Black, D.

1992-01-01

The growing concern regarding environmental issues has presented a number of new challenges to those exploring and developing the hydrocarbon reserves located on the Newfoundland continental shelf. Not the least of these challenges is the development of new technologies in the harsh environment of the North Atlantic; in addition, these new technologies must be implemented in an existing and ever-changing regulatory regime. The legal framework of the environmental regulatory regime relating to offshore development in Canada is reviewed along with some of the more important legislation involved in regulating environmental issues in the offshore area. The legal basis for exploration, development, and management of resources located on the Newfoundland continental shelf is the Canada-Newfoundland Accord on Joint Management of Offshore Oil and Gas Resources off Newfoundland and Labrador. Administration of the Accord is the responsibility of the Canada-Newfoundland Offshore Petroleum Board. To be able to apply Canadian laws to the continental shelf, legislation was passed including the Canadian Laws Offshore Application Act as well as the Act implementing the Accord. The latter gives the Offshore Petroleum Board authority to regulate all stages involved in bringing an oil pool to production, such as granting of licenses and work authorizations. Granting of such licenses and authorizations is subject to compliance with environmental requirements, and there are provisions against certain environmental offenses such as spills. Other federal legislation applicable to the offshore includes the Canada Shipping Act and the Canadian Environmental Protection Act

Physician alert: the legal risks associated with 'on-call' duties in the USA.

Science.gov (United States)

Paterick, Zachary R; Patel, Nachiket J; Paterick, Timothy Edward

2018-06-13

On-call physicians encounter a diverse aggregate of interfaces with sundry persons concerning patient care that may surface potential legal peril. The duties and obligations of an on-call physician, who must act as a fiduciary to all patients, create a myriad of circumstances where there is a risk of falling prey to legal ambiguities. The understanding of the doctor-patient relationship, the obligations of physicians under the Emergency Medical Treatment and Labor Act, the meaning of medical informed consent and the elements of negligence will help physicians avoid the legal risk associated with the various encounters of being on call. After introducing the legal concepts, we will explore the interactions that may put physicians at legal risk and outline how to mitigate that risk. Being on call is time consuming and arduous. While on call, physicians have a duty to act morally and ethically in the best interest of the patients. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

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.

[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.

International Legal and Political Considerations Concerning the Seabed Disposal of Nuclear Waste

International Nuclear Information System (INIS)

Eaker, L.H.

1983-01-01

From its beginnings in 1973, to the present time, the concept of disposing of high-level nuclear wastes within the seabed has attracted serious investigation by numerous scientists. The scientific work to date has led to the general conclusion that the burial of high-level nuclear waste within the deep-sea clays of the oceanic basins, in conjunction with a perfected multi-barrier containment concept, could prove technically and environmentally feasible. This article discusses the need for further consideration of the international legal and political implications arising from any proposed seabed disposal of high-level nuclear waste. Further consideration of the international legal issues necessarily involves the analysis of three general areas of international law, namely: the question of coverage under the 1972 London Ocean Dumping Convention; the application and effect of the provisions of the new United Nations Convention on the Law of the Sea; and the consideration of general principles of international law. (NEA) [fr

78 FR 40084 - Proposed Requirement-Migrant Education Program Consortium Incentive Grant Program

Science.gov (United States)

2013-07-03

... DEPARTMENT OF EDUCATION 34 CFR Chapter II Proposed Requirement--Migrant Education Program... educational agencies (SEAs) under the Migrant Education Program (MEP) Consortium Incentive Grant (CIG) Program... the interstate or intrastate coordination of migrant education programs by addressing key needs of...

Radioactive waste sea disposal practices and the need for international regulations

International Nuclear Information System (INIS)

Reyners, P.

1975-01-01

Radioactive waste is mainly disposed of as liquid releases in coastal waters or as solid wastes dumped in the high seas. The Geneva Convention on the high seas which lays down that Contracting States should not, by unilateral measures, pollute the seas by dumping radioactive wastes, and Article 37 of the Euratom Treaty on the Commission's control over radioactive waste disposal plans by Member States constitute the principal legal basis for such activities at international level. The competent international organisations, IAEA and the OECD Nuclear Energy Agency (NEA), have both made detailed studies on the scientific, technical and legal aspects of sea disposal of radioactive wastes. Following consideration of the possibilities of waste dumping in the Atlantic and the related hazard assessment, at its Member State's request, NEA in 1967 undertook an initial experimental packaged waste disposal operation in the high seas. This operation's technical success encouraged Member States to undertake further operations in subsequent years under NEA international control. At present, in view of the entry into force of the London Convention on prevention of marine pollution by dumping of wastes, it seems desirable that the international character of such operations be preserved and all countries concerned be encouraged to adopt an international code of practice for sea disposal of radioactive wastes [fr

Legal issues in the transboundary movement of radioactive waste

International Nuclear Information System (INIS)

Pelzer, N.

2000-01-01

The transboundary movement of radioactive waste is a politically sensitive issue, which implies the raising of complex legal questions. Transborder transportation may be governed by various national jurisdictions on its way from the State of origin via the transit States to the State of destination. The overall goal to be achieved is safe management during all the necessary steps of transport, handling, storage and disposal. Far-reaching approximation or harmonization of national law applicable is to be aimed at in order to facilitate transboundary movement. Article 27 of the 1997 Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention) provides for a regime which, in principle, is appropriate. However, there are still open questions and, perhaps, lacunae remaining. Low risk materials exempt or released from regulatory control create specific problems owing to the fact that there are no agreed exemption or clearance levels which could be the base for unified legal provisions. The carrier may face different levels from State to State. The movement of radioactive waste by sea or air outside national jurisdictions is governed by the rules of Public International Law, especially by the 1982 United Nations Convention on the Law of the Sea, which in major parts is a codification of existing International Customary Law. During transport on the high seas, the ship is under the jurisdiction of the State under which flag she is sailing. If the nuclear cargo is loaded onto a ship sailing under the flag of a non-contracting party to the Joint Convention, there may be legal problems with regard to whether and to what extent the Joint Convention is applicable, even if the State of origin or the State of destination is a contracting party to the Joint Convention. If a nuclear incident occurs during the movement of the waste, complicated questions of nuclear liability law will have to be solved. As far as the

Sea-land limits: a case study

Directory of Open Access Journals (Sweden)

Afranio R. de Mesquita

2011-12-01

Full Text Available The limits between sea and land were estimated at "Pulso" beach located in the Southeastern Brazilian shelf (φ = 23°33/17.4886"S; Λ = 045° 13'13.0504"W - WGS84, between the island of São Sebastião and the city of Ubatuba, SP, Brazil. The relative sea level of the year 1831 at "Pulso" beach, as per Brazilian law Number 9760 dated from 1946, was estimated and materialized. The retro-estimation allowed the demarcation of the Legal Sea-Land Limits at "Pulso" beach as per the terms of the law. The accuracy of the procedure for the transference of the long-term sea level from the research station of Ubatuba to "Pulso" beach was assessed by parallel work of geometrical leveling referred to the IBGE (Brazilian Institute of Geography and Statistics geodetic network. The motivation, the hypotheses (Brest, Cananeia and IPCC and the methods here used are described, together with a short history of the Legal Sea-Land Limits. The results indicated that the legal Sea-Land Limits at "Pulso" beach are well within the beach area. They were determined as per law 9760, and there is the need to reactivate the national network of sea level gauge.Os limites entre mar e terra foram estimados na praia chamada Pulso, localizada na costa sudeste do Brasil (φ = 23°33'17, 4886"S; Λ = 045°13'13, 0504"W entre a Ilha de São Sebastião e a cidade de Ubatuba, no Estado de São Paulo, SP, Brasil. O nível relativo do mar do ano de 1831 na praia do Pulso, ou "Praia do Pulso" (PP, foi estimado e materializado, de acordo com a Lei brasileira Número 9760 de 1946. A acurácia do procedimento foi acompanhada por trabalho paralelo de nivelamento geométrico referido ao sistema nacional de geodésia do IBGE (Instituto Brasileiro de Geografia e Estatística. A motivação, as hipóteses (Brest, Cananeia e IPCC e os métodos utilizados são descritos, acompanhados por um breve histórico dos "Terrenos de Marinha". Os resultados indicaram que os limites em (PP estão bem dentro

Evaluating Student Success and Progress in the Maryland Sea Grant REU Program

Science.gov (United States)

Moser, F. C.; Allen, M. R.; Clark, J.

2012-12-01

The Maryland Sea Grant's Research Experiences for Undergraduate (REU) 12-week summer program is in its 24th year. This estuarine science-focused program has evolved, based in part on our use of assessment tools to measure the program's effectiveness. Our goal is to understand the REU program's effectiveness in such areas as improving student understanding of scientific research, scientific ethics and marine science careers. Initially, our assessment approach was limited to short surveys that used qualitative answers from students about their experience. However, in the last decade we have developed a more comprehensive approach to measure program effectiveness. Currently, we use paired pre- and post-survey questions to estimate student growth during the program. These matching questions evaluate the student's change in knowledge and perception of science research over the course of the summer program. Additionally, we administer several surveys during the 12 weeks of the program to measure immediate responses of students to program activities and to gauge the students' evolving attitudes to customize each year's program. Our 2011 cohort showed consistent improvement in numerous areas, including understanding the nature of science (pre: 4.35, post: 4.64 on a 5 point scale), what graduate school is like (3.71, 4.42), the job of a researcher (4.07, 4.50), and career options in science (3.86, 4.42). Student confidence also increased in numerous skills required for good scientists. To analyze the long-term impact of our program, we survey our alumni to assess graduate degrees earned and career choices. A large percentage (72%) of our tracked alumni have continued on to graduate school, with subsequent careers spanning the academic (51%), public (24%) and private (25%) sectors. These assessments demonstrate that our program is successful in meeting our key objectives of strengthening the training of undergraduates in the sciences and retaining them in marine science

Clinical peer review in the United States: history, legal development and subsequent abuse.

Science.gov (United States)

Vyas, Dinesh; Hozain, Ahmed E

2014-06-07

The Joint Commission on Accreditation requires hospitals to conduct peer review to retain accreditation. Despite the intended purpose of improving quality medical care, the peer review process has suffered several setbacks throughout its tenure. In the 1980s, abuse of peer review for personal economic interest led to a highly publicized multimillion-dollar verdict by the United States Supreme Court against the perpetrating physicians and hospital. The verdict led to decreased physician participation for fear of possible litigation. Believing that peer review was critical to quality medical care, Congress subsequently enacted the Health Care Quality Improvement Act (HCQIA) granting comprehensive legal immunity for peer reviewers to increase participation. While serving its intended goal, HCQIA has also granted peer reviewers significant immunity likely emboldening abuses resulting in Sham Peer Reviews. While legal reform of HCQIA is necessary to reduce sham peer reviews, further measures including the need for standardization of the peer review process alongside external organizational monitoring are critical to improving peer review and reducing the prevalence of sham peer reviews.

A New Book on the Law System of the Golden Horde: Pochekaev R.Yu. Legal Culture of the Golden Horde (Historical and Legal Essays (Moscow: Yurlitinform, 2015. 312 p.

Directory of Open Access Journals (Sweden)

D.V. Nefedov

2016-12-01

Full Text Available This book is a study at the intersection of such academic disciplines as general history, history of state and law and source study. The subcect of R.Yu. Pochevalev’s book appears very relevant since the interest of the scientific community and readership toward the Golden Horde and its role in the history of the Russian state remains traditionally high for several centuries. However, the author is trying to take a fresh look at this state and refute the stereotype of the Golden Horde as a some kind of bunch of nomads who lived only by plundering neighboring sedentary peoples. He succeeds in this by studying such an important part of the Golden Horde history as its law and legal culture. The book examines a number of questions on the history of state and law of the Golden Horde, which have not previously been the subject of a special study (for example, possessions of the Golden Horde in other uluses, dualism of power in different states, relations between authorities and traders, etc.. On some other issues that have already been studied by experts, he proposes new interpretations in the framework of historical and legal approach (for example, the causes of intestine strife in the Golden Horde in the mid-14th century, yarliks of the Golden Horde khans granted to the Russian Chruch, relations of the Golden Horde rulers and Italian colonies in the Northern Black Sea region. The author examines to a great extent the themes of state and legal regulation of economic relations: status of merchants in the Golden Horde and post-Golden Horde states, role of economic sanctions in the resolution of political conflicts. In other essays contained in the book, the author also emphasizes the role of the economic component of the political and legal relations. For example, R.Yu. Pochekaev convincingly shows that relations of the Golden Horde with other states of the Mongol Empire was based on the principle of mutual provision of possessions to the rulers of

The Caspian Sea Negotiation Support System 2.0

Science.gov (United States)

Rouhani, O. M.; Madani, K.

2012-12-01

The Caspian Sea is one of the most resourceful (both in energy and biological resources) areas of the world. The share allocation of Caspian Sea has been the subject of many disputes. Up to now, the negotiations to reach an agreement regarding the ownership status of the sea have not been completely successful. To facilitate reaching an agreement among littoral countries, research studies can provide valuable information. Researchers should examine different options for dividing the sea closely and determine the benefits of each of the options for the parties involved. Following an earlier effort, Caspian Sea Negotiation Support System is further developed in this regard. The model estimates countries' areal and utility shares under different legal methods/scenarios, attempting to minimize transportation costs of exploiting the resource. The applied model is more efficient than the earlier model and the used data includes more variables/attributes such as depth, the differentiation between gas and oil, and various fish resources than the previously employed data. Consequently, the estimates are calculated in more details than are calculated in the earlier study. The results still show a high sensitivity of outputs to the proposed division rules, suggesting a need to clarify the countries' utility and areal shares under any suggested legal regime. Compared to the previous results, the new results confirm the significant effect of the addition of the more variables/attributes to the analysis, in terms of the areal shares and allocations, valuation of resources, and asset management.

On the authority of the Federal Government to give directions in nuclear law licensing procedures - prerequisites and legal protection

International Nuclear Information System (INIS)

Wagner, H.

1987-01-01

Due to the differences about the future energy policies between the big political parties there is a growing confrontation between the Federal Government and some Laender about granting licences for the erection and operation of nuclear plants. On this background the author deals with the legal problem if a Land was directed by the Federal Government to grant the atomic licence and the Land would file an appeal. (WG) [de

75 FR 25271 - Office of Refugee Resettlement; Urgent Single Source Grant to Survivors of Torture International...

Science.gov (United States)

2010-05-07

... DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Office of Refugee Resettlement; Urgent Single Source Grant to Survivors of Torture International (SOTI) AGENCY: Office of Refugee... effects of torture. (2) Social and legal services for victims of torture. (3) Research and training for...

Some peculiarities of accounting of government grants in context IFRS and National Standarts Republic Moldova

Directory of Open Access Journals (Sweden)

V.Tsurcanu

2016-06-01

Full Text Available The process of preparation of fair presentation of Financial Statements establishments on the basis of economic approach was possible due to the evolution of methodology of accounting. Implementation of legal technique allows to account the conditions of receiving of contract as special and so exceptional according to the economic content of events. In the context of fair presentation the necessary issue is the concept of substance over form. One of such specifically contracts which determines the particular character of accounting is the contract of government grants obtaining. The authors examine some problems of discussion of government grants accounting: effectiveness of the concept of substance over form; mechanism of presentation of government grants in the context of international and national aspects; accounting of government grants related to assets over prism of tax legislation. The basis for the formulation of the notion of government grants is the economic essence, a legal form is the proof that the transaction is legitimate. However, the economic essence is in contradiction with the form in the financial reporting when presenting information about government grants. In the context of fair presentation, it must be neutralized. For this purpose, the authors have conducted the research of effectiveness of the concept of substance over form related to the government grants. 146 The article has conducted the comparison of key issues of International Standards with National Standards of Republic Moldova. In result of the comparison the appropriate mechanism of accounting is correct according to the methodology of their application. The article also arguments that government grants is deferred income in accordance with their economic characteristics; and the elements of Financial Statements should be recognized as a liability; in accordance with the conception fair value should be measured. In relationship with the effectiveness of the

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.

In Situ Preservation of Underwater Cultural Heritage as an International Legal Principle

Science.gov (United States)

Aznar, Mariano J.

2018-04-01

In situ preservation is not necessarily the best underwater archaeological solution, nor is it legally required in all circumstances. Rather, it is the first and, perhaps, the most technically desirable option, when archaeological, legal, and political circumstances—in that order—so advise. Otherwise, the removal of the historical object or objects found under the sea and their conservation outside the marine environment is another plausible option, provided the archaeological standards accepted by the international scientific community are met. This paper aims to clarify the legal contours of this rule, as codified by the UNESCO Convention on the Protection of the Underwater Cultural Heritage. To this end, it proposes the following basic hypothesis: in situ preservation, as a current legal principle in underwater archaeological activities, is the first option for the protection of that heritage; because it is an option, this preservation may take a different form depending on the circumstances; nothing legally prevents the removal of remains from the seabed, provided it is done properly and they are appropriately preserved; and, finally, if necessary, this should be done as soon as possible, given the circumstances.

Ad interim legal remedy in case of large projects

International Nuclear Information System (INIS)

Limberger, J.

1985-01-01

Action for ad interim judicial relief in response to large projects approved of by the authorities very frequently take several years until a decision is taken by the court. Experience has shown that this applies in particular to large projects such as the construction of nuclear power plants, large-size industrial plants, or airports. It has become regular practice by the authorities concerned to issue an order for immediate execution upon the plan approving decision and granting of licence for said projects, in accordance with section 80, sub-section (2), no.4 of the VwGO. The problems thus created with regard to interim legal remedy sought by the parties concerned are of great significance. The book in hand discusses the question as to whether the practice of the administrative authorities and the courts satisfies the requirements embodied in the law, to provide for efficient legal protection. (orig./HSCH) [de

Legal Impediments in the EU to New Technologies in the Example of E-Residency

Directory of Open Access Journals (Sweden)

Tanel Kerikmäe

2015-12-01

Full Text Available Estonia has created of itself the image of an e-state that is being supported with novel ICT-solutions, the perhaps most renowned of which is e-residency. However, created as a governmental start-up in the national best interest, e-residency could be of marginal relevance in light of global digital identity management. Purely national digital identity or an e-residency grants its holder several rights unknown to, or at least unapplied in a majority of the EU Member States and in the world more generally. But currently it lies on a vacillating legal pedestal which has resulted in copious administrative issues and proposed legal amendments already during its first year of implementation. Concerns, such as the administrative capacity of Estonia to handle potentially 10 million customers of national e-services, arise due to contingent legal footing. On this basis, efficiency of e-residency is critically analysed from the perspective of an autoschediastic regulatory framework presuming high-level administrative competence yet leaving the scope and limits of the functions of the public authorities legally unfurnished and isolated from the EU legal space.

Strategies for broadening participation in the Maryland Sea Grant REU program

Science.gov (United States)

Moser, F. C.; Kramer, J.; Allen, J. R.

2011-12-01

A core goal of the ocean science community is to increase gender and ethnic diversity in its scientific workforce. Maryland Sea Grant strives to provide women and students from underrepresented groups in marine science opportunities to participate in its NSF-supported Research Experiences for Undergraduates (REU) program in estuarine processes. While women currently dominate the applicant student pool, and often the accepted student pool, we are trying a variety of strategies to increase the number of applicants and accepted students from underrepresented groups who might not otherwise be lured into marine science research and, ultimately, careers. For example, we have built partnerships with multicultural-focused undergraduate research programs and institutions, which can raise awareness about our REU program and its commitment to broadening diversity. Further, we work to attract first generation college students, students from small colleges with limited marine science opportunities and students from varied racial and ethnic backgrounds using such strategies as: 1) developing trust and partnerships with faculty at minority serving institutions; 2) expanding our outreach in advertising our program; 3) recruiting potential applicants at professional meetings; 4) targeting minority serving institutions within and beyond our region; 5) encouraging our REU alumni to promote our REU program among their peers; and 6) improving our application process. We believe these efforts contribute to the increase in the diversity of our summer-supported students and the change in the composition of our applicant pool over the last decade. Although we cannot definitively identify which strategies are the most effective at broadening participation in our program, we attribute most of our improvements to some combination of these strategies. In addition, pre- and post-surveying of our REU students improves our understanding of effective tools for recruiting and adapting our program

SEA screening of voluntary climate change plans: A story of non-compliant discretion

International Nuclear Information System (INIS)

Kørnøv, Lone; Wejs, Anja

2013-01-01

Screening within Strategic Environmental Assessment (SEA) is the first critical stage involving considerations on whether an assessment is carried out or not. Although legislation and guidance offer practitioners a legal and logical approach to the screening process, it is inevitable that discretionary judgement takes place and will impact on the screening decision. This article examines the results of discretion involved in screening of climate change plans (CCPs) in a Danish context. These years voluntary CCPs are developed as a response to the global and local emergence of both mitigation and adaptation, and the voluntary commitment by the local authorities is an indication of an emerging norm of climate change as an important issue. This article takes its point of departure in the observation that SEA is not undertaken for these voluntary CCPs. The critical analysis of this phenomenon rests upon a documentary study of Danish CCPs, interviews with a lawyer and ministerial key person and informal discussions between researchers, practitioners and lawyers on whether climate change plans are covered by SEA legislation and underlying reasons for the present practice. Based on a critical analysis of mandatory SEA and/or obligation to screen CCPs according to significance criteria, the authors find that 18 out of the 48 CCPs are mandatory to SEA and 9 would require a screening of significance and thereby potentially be followed by a SEA. In practice only one plan was screened and one was environmentally assessed. The legal, democratic and environmental consequences of this SEA practice are critically discussed. Hereunder is the missed opportunity to use the broad environmental scope of SEA to avoid a narrow focus on energy and CO 2 in CCPs, and the question whether this practice in Denmark complies with the EU Directive. -- Highlights: ► It is inevitable that discretionary judgement takes place and will impact on the screening decision. ► The article hereby calls

SEA screening of voluntary climate change plans: A story of non-compliant discretion

Energy Technology Data Exchange (ETDEWEB)

Kørnøv, Lone, E-mail: lonek@plan.aau.dk; Wejs, Anja

2013-07-15

Screening within Strategic Environmental Assessment (SEA) is the first critical stage involving considerations on whether an assessment is carried out or not. Although legislation and guidance offer practitioners a legal and logical approach to the screening process, it is inevitable that discretionary judgement takes place and will impact on the screening decision. This article examines the results of discretion involved in screening of climate change plans (CCPs) in a Danish context. These years voluntary CCPs are developed as a response to the global and local emergence of both mitigation and adaptation, and the voluntary commitment by the local authorities is an indication of an emerging norm of climate change as an important issue. This article takes its point of departure in the observation that SEA is not undertaken for these voluntary CCPs. The critical analysis of this phenomenon rests upon a documentary study of Danish CCPs, interviews with a lawyer and ministerial key person and informal discussions between researchers, practitioners and lawyers on whether climate change plans are covered by SEA legislation and underlying reasons for the present practice. Based on a critical analysis of mandatory SEA and/or obligation to screen CCPs according to significance criteria, the authors find that 18 out of the 48 CCPs are mandatory to SEA and 9 would require a screening of significance and thereby potentially be followed by a SEA. In practice only one plan was screened and one was environmentally assessed. The legal, democratic and environmental consequences of this SEA practice are critically discussed. Hereunder is the missed opportunity to use the broad environmental scope of SEA to avoid a narrow focus on energy and CO{sub 2} in CCPs, and the question whether this practice in Denmark complies with the EU Directive. -- Highlights: ► It is inevitable that discretionary judgement takes place and will impact on the screening decision. ► The article hereby

The development of sasi laut in the preservation of sea in Kei community

Science.gov (United States)

Ananingsih, Sri Wahyu

2018-02-01

"Sasi laut" is a local wisdom of Kei society that prohibits community members to take natural resources in a particular area over a period of time. Sasi laut has an important role in the preservation of the sea. This article is based on research. The purpose of the research is to analyze causal factors of sasi laut are not practiced anymore in Kei kecil society, and the efforts to revitalize sasi laut as a local wisdom to preserve sea. This article uses socio-legal approach and the analysis is qualitative. The data consist of primary and secondary data. The results of the research show that sasi laut in several villages of Kei kecil is not practiced anymore because of the damage to sea and ecosystem, market problem, the society problem and adat institution problem. The efforts to revitalize sasi laut are improve the quality of the sea environment, legal awareness Kei society and the participation of local government. This article can be a recommendation for the local government of Southeast Maluku in order to determine the policy of sasi laut.

Increase in Social Activity of Citizens on the Basis of Grant Support of Rural Initiatives

Directory of Open Access Journals (Sweden)

Bogatchev Alexander I.

2016-11-01

Full Text Available The article is devoted to the problems of development of social activity of population. The low activity of local population is now characterized by the following social trends: aloofness from public life, individualism, leading-strings mentality, consumer attitude, legal nihilism. The characteristic of the main reasons for the current situation is given in the article. It is noted that one of the effective tools to attract social investment and development is a grant support for local initiatives, which plays an important role in increasing the social activity of population. This article focuses on the development of grant support in the rural areas at the modern stage. The author analyzed the current status of grant support of rural initiatives in Russia and the Orel region. It is noted that the grant support has great potential, although it is at an early stage of its development. In the conclusion, actions for the development of social activity at the local level are planned.

Countering Chinas Economic Statecraft in the South China Sea

Science.gov (United States)

2018-04-09

Economic Statecraft in the South China Sea 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d. PROJECT NUMBER Bradford D...created and employed a vision and strategy to control it. China continually demonstrates its economic might in the region and conducts economic ...power to counter China’s rising influence in the South China Sea. The policy and strategy should incorporate establishing strong economic ties in

75 FR 53017 - Office of the General Counsel; Appointment of Members of the Legal Division to the Performance...

Science.gov (United States)

2010-08-30

... Division to the Performance Review Board, Internal Revenue Service Under the authority granted to me as... following persons to the Legal Division Performance Review Board, Internal Revenue Service Panel: 1.... Andrew Keyso, Deputy Associate Chief Counsel (Income Tax & Accounting) 5. Drita Tonuzi, Deputy Division...

The Governance of Multi-Use Platforms at Sea for Energy Production and Aquaculture: Challenges for Policy Makers in European Seas

Directory of Open Access Journals (Sweden)

Marian Stuiver

2016-04-01

Full Text Available European seas are encountering an upsurge in competing marine activities and infrastructures. Traditional exploitation such as fisheries, tourism, transportation, and oil production are accompanied by new sustainable economic activities such as offshore windfarms, aquaculture, and tidal and wave energy. One proposed solution to overcome possible competing claims at sea lies in combining these economic activities as part of Multi-Use Platforms at Sea (MUPS. MUPS can be understood as areas at sea, designated for a combination of activities, either completely integrated in a platform or in shared marine space. MUPS can potentially benefit from each other in terms of infrastructure, maintenance, etc. Developing MUPS in the marine environment demands adequate governance. In this article, we investigate four European sites to find out how governance arrangements may facilitate or complicate MUPs. In particular, we apply a framework specifying policy, economic, social, technical, environmental, and legal (PESTEL factors to explore governance arrangements in four case study sites in different sea basins around Europe (the Mediterranean Sea, the Atlantic Ocean, the North Sea, and the Baltic Sea. The article concludes with policy recommendations on a governance regime for facilitating the development of MUPS in the future.

Women's legal knowledge: a case study of Mexican urban dwellers.

Science.gov (United States)

Rivera Izabal, L M

1995-06-01

In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.

The Unique Propulsive Wake Pattern of the Swimming Sea Slug Aplysia

Science.gov (United States)

Zhou, Zhuoyu; Mittal, Rajat

2017-11-01

The Aplysia, also sometimes referred to as the `Sea Hare,' is a sea slug that swims elegantly using large-amplitude flapping of its mantle. The Sea Hare has become a very valuable laboratory animal for investigation into nervous systems and brain behavior due to its simple neural system with large neurons and axons. Recently, attempts have also been made to develop biohybrid robots with both organic actuation and organic motor-pattern control inspired by the locomotion of Aplysia. While extensive works have been done to investigate this animal's neurobiology, relatively little is known about its propulsive mechanisms and swimming energetics. In this study, incompressible flow simulations with a simple kinematical model are used to gain insights into vortex dynamics, thrust generation and energetics of locomotion. The effect of mantle kinematics on the propulsive performance is examined, and simulations indicate a unique vortex wake pattern that is responsible for thrust generation. The research is supported by NSF Grant PLR-1246317 and NSF XSEDE Grant TG-CTS100002.

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.

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.

In the name of legal certainty? Comparison of advance ruling for tariff classification in the European Union, China and Taiwan

NARCIS (Netherlands)

Chen, S.

2016-01-01

In many jurisdictions, international traders can apply to customs authorities for an advance ruling for tariff classification before they import or export their goods. The advance ruling system for tariff classification is expected to grant more legal certainty to international traders because they

Reproductive Biology of Actinopyga echinites and Other Sea ...

African Journals Online (AJOL)

Abstract—The sea cucumber fishery is important in several countries of the Western Indian Ocean (WIO) but is generally not adequately managed. A regional MASMA programme (Marine Science for Management) granted by WIOMSA (Western Indian Ocean Marine Sciences Association) is providing data on the ...

Safety during sea transport of radioactive materials. Probabilistic safety analysis of package fro sea surface fire accident

International Nuclear Information System (INIS)

Matsuoka, Takeshi; Obara, Isonori; Akutsu, Yukio; Aritomi, Masanori

2000-01-01

The ships carrying irradiated nuclear fuel, plutonium and high level radioactive wastes(INF materials) are designed to keep integrity of packaging based on the various safety and fireproof measures, even if the ship encounters a maritime fire accident. However, granted that the frequency is very low, realistic severe accidents should be evaluated. In this paper, probabilistic safety assessment method is applied to evaluate safety margin for severe sea fire accidents using event tree analysis. Based on our separate studies, the severest scenario was estimated as follows; an INF transport ship collides with oil tanker and induces a sea surface fire. Probability data such as ship's collision, oil leakage, ignition, escape from fire region, operations of cask cooling system and water flooding systems were also introduced from above mentioned studies. The results indicate that the probability of which packages cannot keep their integrity during the sea surface fire accident is very low and sea transport of INF materials is carried out very safely. (author)

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....

Oceanography: 1998 Paris Meeting Abstracts: Coastal and Marginal Seas. Volume 11, Number 2

National Research Council Canada - National Science Library

Rhodes, Judith

1998-01-01

This grant supported a successful international multidisciplinary scientific meeting addressing the topic "Coastal and Marginal Seas," hosted by The Oceanography Society and UNESCO's Intergovernmental...

What is legal medicine--are legal and forensic medicine the same?

Science.gov (United States)

Beran, Roy G

2010-04-01

Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

Legal Order Founded on Human Wisdom

Directory of Open Access Journals (Sweden)

Elena IFTIME

2015-07-01

justified to re-establish the disturbed order and grant appropriate compensation. In this way, the rules of law which underlies the broken legal order are restored to their social role and functions. And the mission of law, to regulate and direct human behaviour, in the required way of solving necessary social problems can find fulfilment.

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...

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.

Evaluating Empowered to Council of Ministers by Article 73/4 of the Constitution in Terms of Legality Principle of Taxation

Directory of Open Access Journals (Sweden)

Adnan GERÇEK

2017-07-01

Full Text Available In accordance with the principle of “no taxation without representation”, the “legality principle of taxation” is included in the constitutions of all countries. The authority to amend related to certain elements in taxation and within the minimum and maximum limits prescribed by law has been granted to the Council of Ministers by the special provision in Article 73/4 of the Turkey’s Constitution. The reasons of this provision are “to prevent the fall of tax burden due to the effect of inflation on exemptions and exceptions” and "bringing flexibility and promptness for intervention in the economy to be effective and quick”. The number of regulations regarding empowered of the Council of Ministers in Turkish tax laws is increasing day by day. The Council has been granted the authority to amend at 107 different articles of 25 tax laws in recent legislation. However, the granted authority in 25 of these provisions has never been used. During the period 1971-2017, the Council of Ministers used this authority by 735 Decisions. The authority to make amendments to the Council of Ministers; were used 10 times in the “exemption”, 22 times in the “exception”, 36 times in the “discount”, 438 times in the “rate”, 195 times in the “fixed amount” and 48 times in the “other” elements of tax respectively. It is expected that there will be a decrease in the number of new regulations of the Council of Ministers with the fall of inflation after 2003 in Turkey, but in practice The Council has been granted the authority to amend at new 32 different articles. However, in a country that has embraced democracy and the rule of law, no provision which may cause deviations from “legality principle of taxation” can be accepted. For this reason, provision of empowering to the Council of Ministers should be abolish from the Constitution, which damages to rule of law and legality principle of taxation.

Coastal seas as resource for Blue Growth - SmartSea project

Science.gov (United States)

Kotilainen, Aarno; Alvi, Kimmo; Boman, Anton; Hämäläinen, Jyrki; Kaskela, Anu; Rantataro, Jyrki; Vallius, Henry; Virtasalo, Joonas

2017-04-01

Blue growth is a long term strategy of the European Union (EU) to enhance the sustainable growth of the maritime sector. Our surrounding seas have been drivers for the European economy for a long time, but still they have great potential for further exploiting of natural resources and economic growth. Especially if the growth can be achieved in an environmentally sustainable way, benefits are obvious. It has been estimated that improvement of the state of the Baltic Sea would until 2030 create 900 000 jobs in the whole Baltic Sea area, mainly in Blue Tech, tourism, real estate and building businesses (Dahlgren et al. 2015). However, coastal seas already experience multiple stressors like off-shore construction, pollution, eutrophication, shipping, over-fishing, and climate change. In order to obtain sustainable Blue Growth, it is necessary to localize and assess the current maritime activities, estimate their growth potential, and investigate their present and future effects on each other and on the marine environment. The purpose of the SmartSea project is to support the growth of commercial marine activities in the Gulf of Bothnia region, in the northern Baltic Sea. The Gulf of Bothnia is an essential resource in terms of fish farming and wind power, for example, and it is also possible to make use of the geological resources of the gulf. Moreover, the rapid growth of the commercial marine activities and the consequences of the climate change may lead to conflicts between the different activities and harm the marine ecosystem of the Gulf of Bothnia. The SmartSea project aims to identify these risks and find solutions for the sustainable use of the sea. SmartSea project is funded by the Strategic Research Council of Academy of Finland, grant No: 292 985. The project will last for six years (2015-2020) and its funding totals nearly 8 million euros. The project involves close to 40 researchers from eight different institutions: the Finnish Meteorological Institute

Grants Solutions -

Data.gov (United States)

Department of Transportation — The Grants Center of Excellence The Grants Center of Excellence (COE) delivers end-to-end grants management products and support to over 17 Federal partner agencies....

36 CFR 1012.2 - What is the Presidio Trust's policy on granting requests for employee testimony or Presidio Trust...

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false What is the Presidio Trust's policy on granting requests for employee testimony or Presidio Trust records? 1012.2 Section 1012.2 Parks, Forests, and Public Property PRESIDIO TRUST LEGAL PROCESS: TESTIMONY BY EMPLOYEES AND PRODUCTION OF RECORDS General Information § 1012.2 What...

Legal Protection of Well-known Trademark Rights in China : History, Current Situation and Challenge

OpenAIRE

Chen, Zhu

2010-01-01

The legal term of “Well-Known Trademark” first appeared in the 1883 Paris Convention for the Protection of Industrial Property, which sets forth the principles for granting special protection to well-known trademarks. In recent years, Sino-US disputes over intellectual property protection have the trend to upgrade, and among these disputes, well-known trademark protection is an important cornerstone. In recent years in China, the well-known trademark protection system is still relatively week...

What are the legal dimensions to climate change in the Torres Strait?

International Nuclear Information System (INIS)

Green, Donna

2007-01-01

Full text: Full text: Climate change projections suggest that the Torres Strait Islands are one of the most vulnerable regions in Australia. This is due, in part, because several of the islands are only a metre or two above local mean sea level. Social and economic disadvantage further reduces the capacity to adapt to rapid environmental change, and so this problem is compounded on many of the Islands which lack adequate infrastructure, health services and employment opportunities. Consequently, considering the biophysical impacts in the socio-economic context is highly significant in order to understand - and hopefully improve - these communities' resilience to climate change. Cultural issues, not normally considered by natural scientists working on identifying climate impacts in human settlements, add increasing complexity to comprehending the full impacts of climate change in this location. Many Islanders connect the health of their land and sea country to their mental and physical wellbeing and, more broadly, their cultural integrity. In the longer term, the very existence of Ailan Kastom (Island Custom) may be threatened if projected sea level rise in combination with extreme weather events increases the frequency and/or severity of inundation incidents and necessitates relocation from the Islands. One other significant concern that has not been given appropriate consideration relates to the legal status of land (and sea) ownership. Over the last 15 years, the Torres Strait Islanders have successfully fought to obtain native title rights. Some Islanders are now concerned that these rights may disappear due to the impacts of climate change. In order to explore these issues, this paper provides: 1. a background to the climate change projections and likely direct and indirect impacts on the islands; and 2. a discussion of the legal dimension of the potential for climate change to impact on the native title rights of Torres Strait Islanders. We use the Torres

Mesozoic Compressional Folds of the Nansha Waters, Southern South China Sea

Science.gov (United States)

Zhu, R.; Liu, H.; Yao, Y.; Wang, Y.

2017-12-01

As an important part of the South China Sea, the southern margin of the South China Sea is fundamental to understand the interaction of the Eurasian, Pacific and Indian-Australian plates and the evolution of the South China Sea. Some multi-channel seismic profiles of the Nansha waters together with published drillings and dredge data were correlated for interpretation. The strata of the study region can be divided into the upper, middle and lower structural layers. The upper and middle structural layers with extensional tectonics are Cenozoic; the lower structural layer suffered compression is Mesozoic. Further structural restoration was done to remove the Cenozoic tectonic influence and to calculate the Mesozoic tectonic compression ratios. The results indicate that two diametrically opposite orientations of compressive stress, S(S)E towards N(N)W orientation and N(N)W towards S(S)E orientation respectively, once existed in the lower structural layer of the study area and shared the same variation trend. The compression ratio values gradually decrease both from the north to the south and from the west to the east in each stress orientation. The phenomena may be related to the opening of the proto-South China Sea (then located in south of the Nansha block) and the rate of the Nansha block drifted northward in Late Jurassic to Late Cretaceous, which had pushed the Nansha block drifted northward until it collided and sutured with the Southern China Margin. Thus the opening of the present-day South China Sea may be related to this suture zone, which was tectonically weakness zone.Key words: Mesozoic compression; structural restoration; proto-South China Sea; Nansha waters; Southern South China Sea; Acknowledgements: The work was granted by the National Natural Science Foundation of China (Grant Nos. 41476039, 91328205, 41576068 and 41606080).

Increasing Resilience Through Engagement In Sea Level Rise Community Science Initiatives.

Science.gov (United States)

Chilton, L. A.; Rindge, H.

2017-12-01

Science literate and engaged members of the public, including students, are critical to building climate resilient communities. USC Sea Grant facilitates programs that work to build and strengthen these connections. The Urban Tides Community Science Initiative (Urban Tides) and the Youth Exploring Sea Level Rise Science Program (YESS) engage communities across the boundaries of public engagement, K-12 education, and informal education. YESS is an experiential sea level rise education program that combines classroom learning, field investigations and public presentations. Students explore sea level rise using a new curricula, collect their own data on sea level rise, develop communication products, and present their findings to city governments, researchers, and others. Urban Tides engages community members, informal education centers, K-12 students, and local government leaders in a citizen science program photo- documenting extreme high tides, erosion and coastal flooding in Southern California. Images provide critical information to help calibrate scientific models used to identify locations vulnerable to damage from future sea level rise. These tools and information enable community leaders and local governments to set priorities, guidelines, and update policies as they plan strategies that will help the region adapt. The program includes a mobile app for data collection, an open database to view photos, a lesson plan, and community beach walks. Urban Tides has led to an increase in data and data-gathering capacity for regional scientists, an increase in public participation in science, and an increase in ocean and climate literacy among initiative participants. Both of these programs bring informed and diverse voices into the discussion of how to adapt and build climate resilient communities. USC Sea Grant will share impacts and lessons learned from these two unique programs.

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...

Reflections from the Jury Box: Improving Evidence Based Practice through a Comparison with Our Legal System

Directory of Open Access Journals (Sweden)

Valerie Coppenrath

2017-08-01

Full Text Available Background: An experience serving jury duty prompted reflection on the parallels between evidenced based medicine and our legal system. Findings: The steps of the legal system can be tied to each step of the practice of evidenced based medicine. Implications: Patients should be included in evidence based decisions. Pharmacists can act as resources for other providers practicing evidenced based medicine. Educators can use this analogy to teach evidence based medicine. Conflict of Interest We declare no conflicts of interest or financial interests that the authors or members of their immediate families have in any product or service discussed in the manuscript, including grants (pending or received, employment, gifts, stock holdings or options, honoraria, consultancies, expert testimony, patents and royalties.   Type: Commentary

LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

Directory of Open Access Journals (Sweden)

Rodica Diana APAN

2014-06-01

Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

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.

[Fatal course of neonatal citrobacter infection and its legal evaluation].

Science.gov (United States)

Kokrdová, Z; Janouch, J

2011-02-01

The article describes fatal course of citrobacter central nervous system infection in the neonates and the subsequent legal responsibility of the medical facility. Case report with the review of a lawyer specialized in medical law. Department of Obstetrics and Gynecology, Faculty of Health Studies, University of Pardubice, Pardubice, Faculty of Military Health Science, University of Defence, Hradec Králové. The court granted plaintiff's claim has been fully paid by the insurance company, since it did not show the fault of the medical facility. Health injury was caused by operational activities and the right to compensation is in accordance with Section 420a of the Civil Code.

The Advisory Opinion of the International Tribunal for the Law of the Sea: Matters related to the determination of effective link between the States and the legal persons they sponsor to carry out activities in the Area

Directory of Open Access Journals (Sweden)

Juan Nicolás Guerrero Peniche

2012-12-01

Tribunal for the Law of the Sea so it could be clarified. The advisory opinion of the Tribunal advanced conclusions particularly relevant for the determination of a nationality link between the legal persons and the States that sponsor them. This matter, which plays an essential role for achieving an effective protection of the marine environment within the sponsorship mechanisms for exploration and exploitation of the resources of the Area, also has some relevant consequences for the activities in reserved areas.

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

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

Establishing a legal service for major trauma patients at a major trauma centre in the UK.

Science.gov (United States)

Seligman, William H; Thompson, Julian; Thould, Hannah E; Tan, Charlotte; Dinsmore, Andrew; Lockey, David J

2017-09-01

Major trauma causes unanticipated critical illness and patients have often made few arrangements for what are sudden and life-changing circumstances. This can lead to financial, housing, insurance, legal and employment issues for patients and their families.A UK law firm worked with the major trauma services to develop a free and comprehensive legal service for major trauma patients and their families at a major trauma centre (MTC) in the UK. In 2013, a legal service was established at North Bristol NHS Trust. Referrals are made by trauma nurse practitioners and it operates within a strict ethical framework. A retrospective analysis of the activity of this legal service between September 2013 and October 2015 was undertaken. 66 major trauma patients were seen by the legal teams at the MTC. 535 hours of free legal advice were provided on non-compensation issues-an average of 8 hours per patient. This initiative confirms a demand for the early availability of legal advice for major trauma patients to address a range of non-compensation issues as well as for identification of potential compensation claims. The availability of advice at the MTC is convenient for relatives who may be spending the majority of their time with injured relatives in hospital. More data are needed to establish the rehabilitation and health effects of receiving non-compensation advice after major injury; however, the utilisation of this service suggests that it should be considered at the UK MTCs. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Legal and administrative problems related to the treatment and disposal of radioactive wastes

International Nuclear Information System (INIS)

Cornelis, J.C.

1976-01-01

The consequence of the rapid expansion of nuclear power programmes is that the quantity of radioactive wastes will increase in proportion. These wastes are produced during the different stages of the fuel cycle. The management of these wastes raises certain legal problems particularly regarding the methods for final storage or for sea disposal. All these management methods have an international incidence and these aspects must be studied in step with technical problems. (N.E.A.) [fr

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

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....

You Can Get Grants!

Science.gov (United States)

Novelli, Joan

1994-01-01

Presents strategies to help elementary teachers win grants for the classroom. The article includes information on grant sources, where to find out more about grants, and how to write winning grants. Examples of successful grant projects are provided, and announcement of a $500 Instructor grant competition is included. (SM)

Interrelation of the concepts «legal influence» and «administrative-legal influence»

OpenAIRE

Голуб, Віктор Олександрович

2014-01-01

The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

OpenAIRE

Caroline Lydia Hart

2012-01-01

Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

A sense of self-suspicion: global legal pluralism and the claim to legal authority

Directory of Open Access Journals (Sweden)

Mariano Croce

2015-03-01

Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

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.

Determination of the Territorial Sea Baseline - Measurement Aspect

Science.gov (United States)

Specht, Cezary; Weintrit, Adam; Specht, Mariusz; Dabrowski, Pawel

2017-12-01

Determining the course of the territorial sea baseline (TSB) of the coastal state is the basis for establishing its maritime boundaries, thus becoming indirect part of maritime policy of the state. Besides the following aspects: legal and methodological as described in the conventions, acts, standards and regulations, equally important is the issue of measurement methodology with respect to the boundaries of the territorial sea. The publication discussed accuracy requirements of the TSB measurement implementation, the relationship of sea level with a choice of the method of its determination, and discussed the implementation of such a measurement on a selected example. As the test reservoir was used the 400-meter stretch of the public beach in Gdynia. During the measurements they used the GNSS geodetic receiver operating in real time based on the geodetic network - VRSnet.pl. Additionally, a comparison was made of the applied method with analogous measurements of the TSB performed in 1999.

The Consent of the Victim as Legal Defence in Cybercrime cases

Directory of Open Access Journals (Sweden)

Maxim DOBRINOIU

2017-05-01

Full Text Available The rise of Cybercrimes provides with great concerns among users, industry, banking sector or public institutions in terms of how much secure their computer systems or computer data are. Both Ethical and Non-Ethical hacking came-up as viable solutions for any natural or legal person willing to perform its own security checks. Taking into consideration the nature of such security evaluation techniques, that in certain situations may be regarded as cybercrimes, there should be a proper understanding of the circumstances when the victim may grant permission to the attackers to perform specific tasks against its own systems or data, especially when these belongs to a public institution.

Exchanges between the open Black Sea and its North West shelf

Science.gov (United States)

Shapiro, Georgy; Wobus, Fred; Zhou, Feng

2014-05-01

offshore flow over a large section of the shelf break. Due to the short duration of strong wind effects (4-7 days) the horizontal extent of cross-shelf-break exchanges is limited to the outer shelf. The effect of Ekman drift is confined to the upper layers. In contrast, eddies and meanders penetrate deep down to the bottom, but they are restricted laterally. During the strong wind events of April 15 - 22 and July 1 - 4, some 0.66×1012 and 0.44×1012 m3of water were removed from the northwestern shelf respectively. In comparison, the single long-lived Sevastopol Eddy generated a much larger offshore transfer of 2.84×1012 m3 over the period April 23 to June 30, which is equivalent to 102% of the volume of northwestern shelf waters. This result is consistent with the data obtained from satellite derived information (Shapiro et al, 2010). The open Black Sea is generally warmer and more saline than the northwest shelf. Hence the exchanges contribute to the increase in both salinity and temperature of shelf waters. Over the study period, salt exchanges increased the average density of the shelf waters by 0.67 kg m-3 and reduced the density contrast between the shelf and deep sea, while lateral heat exchanges reduced the density of the shelf waters by 0.16 kg m-3 and thus enhanced density contrast across the shelf break. This study was supported by the EU (via PERSEUS grant FP7-OCEAN-2011-287600 and MyOcean SPA.2011.1.5-01 grant 283367), Ministry of Science and Technology of China (Grant 2011CB409803), the Natural Science Foundation of China (Grant 41276031), Zhejiang Association for International Exchange of Personnel, and the University of Plymouth Marine Institute Innovation Fund. References Huthnance, J. M., 1995. Circulation, exchange and water masses at the ocean margin: the role of physical processes at the shelf edge, Prog Oceanogr, 35(4), 353-431, Ivanov L.I., Besiktepe S., Ozsoy E., 1997. In: E.Ozsoy and A.Mikaelyan (eds). Sensitivity to change: Black Sea , Baltic Sea

The Procedures for Transit of Ships Carrying Radioactive Materials in Regional Waters and Sea Ports of Egypt

International Nuclear Information System (INIS)

Rahman, F.A.; Riad, N.

2005-01-01

According to the Egyptian Legislation related to the safe transport of radioactive materials, a license is required for transit of ships carrying radioactive materials in the Egyptian territorial water and sea harbors of Egypt including Suez Canal. The License is granted, upon a written application to NCNSRC-AEA. All the procedures and conditions for granting the license have been developed according to the International and Egyptian Legislation. The procedures for transit of ships carrying radioactive material in Suez Canal are also constructed. The NCNSRC-AEA experts are entitled to accept or refuse the transit of ships carrying radioactive material in the Egyptian territorial water and its sea harbors including Suez Canal according to the national and international regulations

77 FR 52674 - Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries in the Bering Sea and...

Science.gov (United States)

2012-08-30

... Dillingham/Katmai room at the Hilton Hotel, 500 West 3rd Street, Anchorage, AK. You may submit comments on... the legal authority, history of the Steller sea lion protection measures, litigation, potential...

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.

SEA of river basin management plans

DEFF Research Database (Denmark)

Larsen, Sanne Vammen; Kørnøv, Lone

2009-01-01

In, 2000 the European Parliament and the European Council passed the Water Framework Directive (WFD) to be implemented in all Member States. The consequence of the directive is that river basin management plans (RBMPs) shall be prepared which are legally subject to a strategic environmental...... assessment (SEA). An important environmental factor for the water sector is climate change, especially the changes it causes to the water environment. However, based on an argument of an inadequate knowledge base regarding climate change impacts, the prospect of Danish authorities including climate change...

The Legality of Foreign Military Activities in the Exclusive Economic Zone under UNCLOS

Directory of Open Access Journals (Sweden)

Jing Geng

2012-02-01

Full Text Available During negotiations for the United Nations Convention on the Law of the Sea (UNCLOS, military activities in another state's Exclusive Economic Zone (EEZ were a point of contention. Currently, the issue remains controversial in state practice. UNCLOS attempts to balance the differing interests of coastal and maritime states, but is silent or ambiguous on the legality of military operations in foreign EEZs. Coastal states seek to assert increasing control over their maritime zones while maritime states prioritize the freedom of navigation. This article examines the competing views on these issues in the context of the 2009 Impeccable incident between China and the United States that occurred in the South China Sea. The issue of military activities in the EEZ will continue to be a complex subject, without clear definitions in the nature and scope of permissible activity. As state practice evolves, the potential for hostilities is high, particularly in semi-enclosed sea areas such as the South China Sea. This article concludes that states should create dialogues and form agreements to help clarify the contours of military activity in the EEZ, focusing on mutual interests, interdependence, and coexistence rather than perceiving the ocean as a zero-sum resource. 

Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

NARCIS (Netherlands)

Feteris, E.T.

2017-01-01

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

Integrating environment into land-use planning through strategic environmental assessment in China: Towards legal frameworks and operational procedures

International Nuclear Information System (INIS)

Tao Tang; Tan Zhu; He Xu

2007-01-01

China currently put forwards 'striving to build an environmentally friendly society' as one of the most important development goals. The land administration authorities are facing the challenge of effectively incorporating environment considerations into their planning system. This paper aims to investigate why and how Strategic Environmental Assessment (SEA) is enacted as an effective tool to integrate the environment into land-use planning during the construction process of an environmentally friendly society in China, and identify factors that influence the integration. It presents characteristics of the land-use planning system, and reviews the progress and current state of SEA in China. Results show that SEA provides many benefits in promoting environmental considerations into the land-use planning process. The legal frameworks and operational procedures, in the context of land-use master planning SEA, are summarized and an assessment made of their effectiveness. Some barriers are highlighted through examination of the latest case studies, and several recommendations are presented to overcome these obstacles

Alkem instruction: Legal relief of a Federal State against instructions under the Atomic Energy Act issued by the Federal Government

International Nuclear Information System (INIS)

Steinberg, R.

1987-01-01

The German Federal Minister for the Environment, Protection of Nature, and Reactor Safety instructed the Hesse State Minister for Economics and Technology to grant the applications filed by Alkem GmbH for a first partial permit of the construction and operation of a fuel element factory, and to grant it on the basis of a draft working document discussed between the two ministries. The new feature is the refusal of the Hesse State Minister to follow these instructions. This has given rise to a conflict between the State and Federal Governments. The article deals with one aspect of the multifaceted legal controversy, i.e., the question of the possibilities of legal relief open to a Federal State against an instruction under the Atomic Energy Act issued by the Federal Government. First, the rank of this instruction within the scope of administration on behalf of the Federal Government will be discussed. Next, the central problem of the preconditions under which an instruction may violate rights of a Federal State will be investigated. Finally, the possibilities of litigation will be briefly referred to. (orig./HP) [de

Legal socialization of personality as a phenomenon of legal psychology

Directory of Open Access Journals (Sweden)

Borisova S.E.

2017-01-01

Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

Tax incidence on services rendered on the high seas; Incidencia de ISS sobre servicos prestados em aguas maritimas

Energy Technology Data Exchange (ETDEWEB)

Paco, Daniel Hora do; Giamattey, Ricardo Henrique Dionisio; Miranda, Thales Ribamar [PETROBRAS S.A., Rio de Janeiro, RJ (Brazil)

2008-07-01

This paper analyze the legal aspects of the incidence of ISSQN tax (Tax on Services of any Nature), on the services provide on the high seas. Also comment the controversy surrounding the active tax competency (municipality who may be due to the tax) for the charging of the incident ISSQN on the services provided on the high seas, if overcome the arguments in favor of non-levy of the tax.

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 ...

Case Study: The Myanmar and Bangladesh Maritime Boundary Dispute in the Bay of Bengal and Its Implications for South China Sea Claims

Directory of Open Access Journals (Sweden)

Ravi A. Balaram

2012-01-01

Full Text Available This paper seeks to review the pertinent Myanmar and Bangladesh history in overlapping maritime territorial claims leading up to the September 2011 International Tribunal for the Law of the Sea (ITLOS case: Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and Myanmar in the Bay of Bengal. It will dissect the legal proceedings as primary source documents and apply the relevant judgement findings to analyse the implications for the respective countries and for South China Sea maritime boundary disputes. While the judgements of this case set certain legal precedents that may be more easily applied to bilateral disputes, the implications, nevertheless, impinge on multilateral claims as well. To the extent that the Bangladesh-Myanmar ITLOS judgement provides a pathway to third-party, independent, and peaceful resolution to the potentially explosive and escalating tensions in the South China Sea, this paper argues that findings are relevant, but limited.

Methodology in Legal Research

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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.

Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

Directory of Open Access Journals (Sweden)

Shidarta Shidarta

2017-01-01

Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

Legal education at sea via ATS-1. An evaluation of the T/S Golden Bear experiment

Science.gov (United States)

Connors, M. M.

1982-01-01

A course in maritime law was provided via ATS satellite to law students onboard ship. Classes were received while the ship was on the open seas and in the various ports visited. A half duplex audio channel provided the primary communication mode. All participants judged this pilot study to be extremely useful. Students were able to pursue their course work and to have the benefits of research guidance from academic advisors, while gaining practical, hands on experience at sea.

The Intertemporal Principle in International Judicial Practice and Its Implications for the South China Sea Dispute

NARCIS (Netherlands)

Ma, Xuechan

2016-01-01

The intertemporal problem demonstrated in the South China Sea dispute is whether UNCLOS supersedes the previous legal order governing the disputed areas during the pre-UNCLOS period. In order to solve this problem, this article will conduct a detailed investigation into relevant international

Warming of the West Spitsbergen Current and sea ice north of Svalbard

Directory of Open Access Journals (Sweden)

Jan Piechura

2009-06-01

Full Text Available This research was supported by a grant from the Fifth European Union Frame-work Programme project ASOF-N, contract EVK2-CT-200200139, the Sixth Frame-work Programme DAMOCLES, contract 018509GOCE, and grants from the Polish Ministry of Science and Higher Education, decisions 61/N-IPY/2007/0 and 175/IPY/2007/01.AbstractAccording to the results of recent research, besides the atmospheric circulation, it is heat transport to the Arctic Ocean (AO by ocean currents, the West Spitsbergen Current (WSC in particular, that is playing a significant role in the process of Arctic warming. Data collected by the Institute of Oceanology, Polish Academy of Sciences (IO PAS, in the Norwegian and Greenland Seas, and Fram Strait during the last 20 years reveal considerable changes in the amount of heat transported by the WSC into the Arctic Ocean. An increase in Atlantic Water (AW temperature and the intensification of heat transport were observed in 2004-06; after this period, both parameters decreased. The aim of this study was to find out whether the fluctuations in heat input by the WSC have influenced the sea-ice distribution around Svalbard. In fact they do, but oceanic heat transport should nonetheless be regarded as just one of many processes influencing sea-ice behaviour.

On Plagiarism and Power Relations in Legal Academia and Legal Education

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Tilen Štajnpihler

2017-12-01

Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

Involvement of palliative care in euthanasia practice in a context of legalized euthanasia: A population-based mortality follow-back study.

Science.gov (United States)

Dierickx, Sigrid; Deliens, Luc; Cohen, Joachim; Chambaere, Kenneth

2018-01-01

In the international debate about assisted dying, it is commonly stated that euthanasia is incompatible with palliative care. In Belgium, where euthanasia was legalized in 2002, the Federation for Palliative Care Flanders has endorsed the viewpoint that euthanasia can be embedded in palliative care. To examine the involvement of palliative care services in euthanasia practice in a context of legalized euthanasia. Population-based mortality follow-back survey. Physicians attending a random sample of 6871 deaths in Flanders, Belgium, in 2013. People requesting euthanasia were more likely to have received palliative care (70.9%) than other people dying non-suddenly (45.2%) (odds ratio = 2.1 (95% confidence interval, 1.5-2.9)). The most frequently indicated reasons for non-referral to a palliative care service in those requesting euthanasia were that existing care already sufficiently addressed the patient's palliative and supportive care needs (56.5%) and that the patient did not want to be referred (26.1%). The likelihood of a request being granted did not differ between cases with or without palliative care involvement. Palliative care professionals were involved in the decision-making process and/or performance of euthanasia in 59.8% of all euthanasia deaths; this involvement was higher in hospitals (76.0%) than at home (47.0%) or in nursing homes (49.5%). In Flanders, in a context of legalized euthanasia, euthanasia and palliative care do not seem to be contradictory practices. A substantial proportion of people who make a euthanasia request are seen by palliative care services, and for a majority of these, the request is granted.

Testing the limits of the 'joint account' model of genetic information: a legal thought experiment.

Science.gov (United States)

Foster, Charles; Herring, Jonathan; Boyd, Magnus

2015-05-01

We examine the likely reception in the courtroom of the 'joint account' model of genetic confidentiality. We conclude that the model, as modified by Gilbar and others, is workable and reflects, better than more conventional legal approaches, both the biological and psychological realities and the obligations owed under Articles 8 and 10 of the European Convention on Human Rights (ECHR). Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Public utilities and the public interest - raising and acknowledging this claim in proceedings concerning provisional legal protection

International Nuclear Information System (INIS)

Fischerhof, H.

1976-01-01

The following can be said of appeal proceedings against provisionally granted legal protection as claimed according to section 5 article 80 VwGO, the public utilities attending the proceedings, but not the licensing authority, being in the position to file this appeal: 1) The licensing authority takes part in the appeal proceedings and has the right to be heard. The licensing authority can also continue to act in the public interest in order to maintain the ordinances it issued, ordinances which were ordered to take immediate effect with public interest in mind. 2) The court of appeal has to examine the factual and the legal aspects of the previous instance's decision. 3) The public utility as the complainant can, within the framework of its official duties, combine the public interest with its own interests. (orig./HP) [de

Legal gaps relating to labour safety and health in the maritime transport sector in Spain.

Science.gov (United States)

Rodríguez, Julio Louro; Portela, Rosa Mary de la Campa; Carrera, Paula Vazquez

2011-01-01

Nowadays the labour sector is experiencing an important increase in the application of risk prevention policies. Although these policies are very significant due to their repercussions in the health of workers, we noticed important legal gaps in maritime sector regulations. Frequently sea workers are legally abandoned, by exclusion or omission, at the moment of claiming for the improvement of their working environment and the reduction of the negative consequences derived from this negligence over their safety and health. In the present paper we try to shed some light on this topic by analysing and examining minutely the Spanish applicable risk prevention legislation for this sector. Moreover, the recommendations of the International Maritime Organization are compared with the current application of the law. At the same time, we present some possible solutions to such problems from an objective point of view.

Honour and /or /as Passion: Historical trajectories of legal defenses

Directory of Open Access Journals (Sweden)

Ute Frevert

2014-01-01

Full Text Available This article provides a historical perspective in a European context on the phenomenon that has become known as honour killings. A cause of outrage and disdain in today’s (Western societies, the notion of restoring honour through a violent act is, in fact, deeply rooted in European legal and cultural history. By examining French, Anglo-Saxon, German and Italian examples, it is revealed that to varying degrees emotions, and, in some cases honour in particular, were accommodated in legislation as granting the perpetrator extenuating circumstances. Adultery in particular was thought to compromise the honour of husbands, thus entrenching an inherently gendered conception of honour. However, leniency of the law was mostly dependent on ›heat of the moment‹ arguments, attempts to avenge the violation of one’s honour, rather than premeditated, cold-blooded revenge killings restoring the collective honour of the family. By discriminating between notions of individual and collective (family honour, examples from European history exhibit a qualitative difference compared to modern day honour killings. The full extent of hypocrisy in judging modern day (Muslim honour killings, however, becomes apparent when considering that gendered concepts of emotions and honour only disappeared from European legal thought after the 1970s, partly following feminist criticism.

FUZZY LOGIC IN LEGAL EDUCATION

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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

Trust in Legal Institutions: an Empirical Approach from a Social Capital Perspective

Directory of Open Access Journals (Sweden)

Mariana Zuleta Ferrari

2016-12-01

Full Text Available Over the last decades, there is a growing public perception that some of the democratic institutions and frameworks, which were once taken for granted, are now showing their flaws, inefficiencies, increasingly struggling to keep up with society’s demands and expectations. This has led to a generalized feeling of uncertainty and disappointment, resulting in a lack of trust institutions. The implications of these circumstances on legal theory cannot be overlooked; this article aims to address the problem from an innovative perspective. A unique tool is presented in this article, which proposes a methodological agenda for approaching trust in legal institutions, from the perspective of the social capital theory. To this end, different variables and social capital dynamics will be identified and discussed in relation to trust in legal institutions. The aim is to, on one hand, provide an innovative methodological contribution to better understand the trust crisis, and in particular, the public perception towards legal institutions, and on the other, expand the analysis of social capital dimensions. Durante las últimas décadas, ha sido posible observar una creciente percepción general de que instituciones y estructuras democráticas que años atrás eran dadas por sentadas, presentan, hoy en día, fallas e ineficiencias que dificultan su capacidad de acompañar las demandas y expectativas de la sociedad. Ello ha llevado a un estado generalizado de incertidumbre y decepción, que resulta en la falta de confianza en las instituciones. Las implicancias de estas circumstancias para la teoría legal no pueden ser subestimadas. Este artículo aborda el problema desde una pespectiva innovadora. Presenta una herramienta única que propone una agenda metodológica para aproximarse a la temática de la confianza en las instituciones legales, desde la perspectiva de la teoría del capital social. A este fin, distintas variables y dinámicas del capital

For the Game, for the Loyal Partisans: Distribution of Sport Grants in Slovakia

Directory of Open Access Journals (Sweden)

Spáč Peter

2016-05-01

Full Text Available Distribution of resources is at the core of politics. Although this activity is primarily economic in nature, the existing research shows that political representatives often use the allocation of public money to reward their allies at the expense of their rivals. This paper analyses a 2015 governmental programme of local sport grants in Slovakia that aimed to build sport facilities for children and young people. In order to avoid any political bias, the programme was established as a neutral mechanism with an anonymous evaluation of grant requests. The results of analysis, however, provide substantial evidence that the subsidies were given primarily to towns with closer political ties to the government while municipalities led by mayors from the opposition were nearly fully ignored. In addition, the presented social and economic aims of the funding programme were not effectively pursued. The paper thus represents a valuable contribution to the discussion of distributive politics, in general, as it shows that, despite the respective legal framework, the allocation of resources may still end up as a process fuelled by partisan interests.

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…

Prerequisites for Correctness in Legal Argumentation

OpenAIRE

Mackuvienė, Eglė

2011-01-01

A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

Legal technique: approaches to section on types

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І. Д. Шутак

2015-11-01

Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

Estimating the Ocean Flow Field from Combined Sea Surface Temperature and Sea Surface Height Data

Science.gov (United States)

Stammer, Detlef; Lindstrom, Eric (Technical Monitor)

2002-01-01

This project was part of a previous grant at MIT that was moved over to the Scripps Institution of Oceanography (SIO) together with the principal investigator. The final report provided here is concerned only with the work performed at SIO since January 2000. The primary focus of this project was the study of the three-dimensional, absolute and time-evolving general circulation of the global ocean from a combined analysis of remotely sensed fields of sea surface temperature (SST) and sea surface height (SSH). The synthesis of those two fields was performed with other relevant physical data, and appropriate dynamical ocean models with emphasis on constraining ocean general circulation models by a combination of both SST and SSH data. The central goal of the project was to improve our understanding and modeling of the relationship between the SST and its variability to internal ocean dynamics, and the overlying atmosphere, and to explore the relative roles of air-sea fluxes and internal ocean dynamics in establishing anomalies in SST on annual and longer time scales. An understanding of those problems will feed into the general discussion on how SST anomalies vary with time and the extend to which they interact with the atmosphere.

The UK's Draft Guidance for Health in SEA in light of HIA community priorities and the UNECE SEA Protocol

International Nuclear Information System (INIS)

Posas, Paula J.

2011-01-01

The Protocol on Strategic Environmental Assessment (SEA) to the United Nations Economic Commission for Europe (UNECE) Espoo Convention came into force on 11 July 2010. This Protocol, to which the European Union is party, gives a legal basis for enhanced attention to human health in the SEA process. In this context, the United Kingdom's (UK's) 2007 Draft Guidance on Health in Strategic Environmental Assessment represents an important early government-led effort to bring health issues and public health considerations more significantly into the SEA process. Since the UK is a worldwide leader in environmental and various other types of impact assessment, and since other countries may eventually consider its example in efforts to meet UNECE SEA Protocol requirements, scrutiny of its outputs is warranted. This paper thus examines the UK's Draft Guidance from both HIA academic and practitioner perspectives. First it assesses the extent to which the Draft Guidance reflects recent issues and lessons learned in the academic literature. In order to make the assessment, a meta-analysis of 70 HIA-related peer-reviewed articles was undertaken to extract authors' priority recommendations. These recommendations were subsequently compared with the contents of the Draft Guidance. Secondly, the Draft Guidance was assessed for its accordance with recommendations of the UNECE SEA Protocol background paper written by two HIA practitioners. Overall, the Draft Guidance's accordance with both sets of recommendations was found to be high, with only a few easily-remedied gaps. This evaluation suggests that the UK's Draft Guidance can be a useful starting point in the creation of future guidance on health in SEA in both the UK and other countries.

Interpretation of the “Refugee” Term in the International Legal Acts and Laws of the CIS Countries

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Gennadij A. Borisov

2017-06-01

Full Text Available The article describes peculiarities of the "refugee" term interpretation in the international legal acts and laws of the CIS countries. In particular, much attention is paid to its usage in the UN Convention of 1951 “About the status of refugees” and Protocol to it of 1967, and also in the Laws of the Russian Federation (Federal Law of 19.02 1993 No 4528-I “About refugees”, Armenia (The Law of the Armenia Republic of 16.01.2007 No ЗР-47 “About refugees and asylum”, Belarus (The Law of the Belarus Republic of 23.06 2008 No 354-З “About granting to citizens and people with no citizenship a refugee status, additional or temporal protection in the Belarus Republic” and Ukraine (The Law of Ukraine of 08.07.2011 No 3671-VI “About refugees and people who need additional or temporal protection”. Specific features of the interpretation of the concept of "refugee" in the legal system of these states are defined. The article gives arguments as for a single approach to the “refugee” term interpretation that must be legally confirmed within every country by a traditional international definition.

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.

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

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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.

Analyzing Approaches to Internet Jurisdiction Based on Model of Harbors and the High Seas

NARCIS (Netherlands)

Jiménez, W.G.; Lodder, A.R.

2015-01-01

The inherent cross-border nature of the internet has challenged the legal system for over two decades. In this paper we introduce a model in which the internet is approached as if it were the high seas, the harbor of origin, the harbor of destination, or a combination of these. This model is used to

The legal framework for wellsite abandonment and reclamation in Alberta

International Nuclear Information System (INIS)

Gilmour, B.S.

1997-01-01

The legislative framework for wellsite reclamation in Alberta was discussed. The legal requirements that impact on wellsite abandonment and reclamation, with emphasis on the Oil and Gas Conservation Act (OGCA) and the Environmental Protection and Enhancement Act (EPEA) were described. In 1994, the Orphan Well fund was established to ensure that wells are properly abandoned in those cases where participants are insolvent. The fund is financed by the petroleum industry. The regulatory requirements for wellsite abandonment are found in the OGCA and the Well Abandonment Guide 20 which provides explicit procedures for both open-hole and cased-hole abandonment. Liability for contaminated sites exists under the contaminated sites provision of the EPEA. Amendments to the OGCA provide for more supervision over licence transfers and the granting of licences to first-time licensees

Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

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Dmitriy E. Nekrasov

2014-09-01

Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

Establishment of a multilateral consultation and surveillance mechanism for sea dumping of radioactive waste

International Nuclear Information System (INIS)

Strohl, Pierre.

1977-01-01

International regulations on dumping of radioactive waste which until only recently were limited to general principles, have developed significantly during the past years, while radioactive waste sea, dumping operations were being undertaken during the same period under the sponsorship of the OECD Nuclear Energy Agency. The latter, in implementation of the London Convention and the IAEA Recommendations, has established a mechanism whose purpose is to place under international control radioactive waste sea dumping operations to ensure that all necessary steps are taken to avoid marine pollution. This paper analyses the technical and legal aspects of the mechanism. (NEA) [fr

Two conceptions of legal principles

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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.

Legal nature of affatomia

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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

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

Involvement of palliative care in euthanasia practice in a context of legalized euthanasia: A population-based mortality follow-back study

Science.gov (United States)

Dierickx, Sigrid; Deliens, Luc; Cohen, Joachim; Chambaere, Kenneth

2017-01-01

Background: In the international debate about assisted dying, it is commonly stated that euthanasia is incompatible with palliative care. In Belgium, where euthanasia was legalized in 2002, the Federation for Palliative Care Flanders has endorsed the viewpoint that euthanasia can be embedded in palliative care. Aim: To examine the involvement of palliative care services in euthanasia practice in a context of legalized euthanasia. Design: Population-based mortality follow-back survey. Setting/participants: Physicians attending a random sample of 6871 deaths in Flanders, Belgium, in 2013. Results: People requesting euthanasia were more likely to have received palliative care (70.9%) than other people dying non-suddenly (45.2%) (odds ratio = 2.1 (95% confidence interval, 1.5–2.9)). The most frequently indicated reasons for non-referral to a palliative care service in those requesting euthanasia were that existing care already sufficiently addressed the patient’s palliative and supportive care needs (56.5%) and that the patient did not want to be referred (26.1%). The likelihood of a request being granted did not differ between cases with or without palliative care involvement. Palliative care professionals were involved in the decision-making process and/or performance of euthanasia in 59.8% of all euthanasia deaths; this involvement was higher in hospitals (76.0%) than at home (47.0%) or in nursing homes (49.5%). Conclusion: In Flanders, in a context of legalized euthanasia, euthanasia and palliative care do not seem to be contradictory practices. A substantial proportion of people who make a euthanasia request are seen by palliative care services, and for a majority of these, the request is granted. PMID:28849727

Disputes About Disputes: Understanding the South China Sea

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Bill Hayton

2017-12-01

Full Text Available Steve Chan. China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives. Cambridge: Cambridge University Press, 2016. Do Thanh Hai. Vietnam and the South China Sea: Politics, Security and Legality. New York: Routledge, 2017. The two books under review here demonstrate some of the diversity of writing within the discipline of international relations. In China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives, political scientist Steve Chan, following Kant, describes his style as “nomothetic,” “which emphasizes attention to classes of events rather than specific episodes” (vii. Strategic and defense studies scholar Do Thanh Hai’s Vietnam and the South China Sea: Politics, Security and Legality is an example of what Chan calls the “idiographic approach,” focusing “on the more unique or specific aspects of the situation” (vii. Chan wants to be able to generalize and compare, and he explicitly eschews narratives of “who did what to whom.” Hai, on the other hand, is keen to make clear that it is China who did something to Vietnam. The most obvious criticism to make of his book is that it is written from an overtly Vietnamese perspective. That is a weakness, but also potentially a draw for those interested in the formulation of Vietnamese policy. Chan writes from an ostensibly neutral position, but, as we shall see, his analysis is rooted within a Chinese world view.

Property and privacy paradigms of "marketable spit": an ethical and legal counterpart to blood?

Science.gov (United States)

Vernillo, Anthony Thomas; Wolpe, Paul Root

2010-01-01

Major advances in the testing of oral fluid (e.g., saliva) may lead to the diagnosis and treatment of previously undiagnosed conditions and may enable dentists to manage oral disease more effectively. Such use of another body fluid, blood, is already well established. Blood is a complex tissue that has been extensively researched and is now used for a wide variety of diagnostic tests. It is also regarded as a form of property with ethical and legal dimensions. If saliva is to fulfill a similar role, it should perhaps be granted those same protections. This paper advances the concept that saliva should be considered a form of property, possibly within personal biological materials law. The emerging potential for the development of marketable products from oral fluids raises the issue of protecting the research participant's ethical and legal rights. In particular, violation of privacy and genetic discrimination may arise from the testing of salivary DNA. Respect for autonomy requires that the clinician inform a patient or research participant about his or her rights to property and privacy as these may pertain to oral fluid.

Numerical Modelling of Extreme Natural Hazards in the Russian Seas

Science.gov (United States)

Arkhipkin, Victor; Dobrolyubov, Sergey; Korablina, Anastasia; Myslenkov, Stanislav; Surkova, Galina

2017-04-01

Storm surges and extreme waves are severe natural sea hazards. Due to the almost complete lack of natural observations of these phenomena in the Russian seas (Caspian, Black, Azov, Baltic, White, Barents, Okhotsk, Kara), especially about their formation, development and destruction, they have been studied using numerical simulation. To calculate the parameters of wind waves for the seas listed above, except the Barents Sea, the spectral model SWAN was applied. For the Barents and Kara seas we used WAVEWATCH III model. Formation and development of storm surges were studied using ADCIRC model. The input data for models - bottom topography, wind, atmospheric pressure and ice cover. In modeling of surges in the White and Barents seas tidal level fluctuations were used. They have been calculated from 16 harmonic constant obtained from global atlas tides FES2004. Wind, atmospheric pressure and ice cover was taken from the NCEP/NCAR reanalysis for the period from 1948 to 2010, and NCEP/CFSR reanalysis for the period from 1979 to 2015. In modeling we used both regular and unstructured grid. The wave climate of the Caspian, Black, Azov, Baltic and White seas was obtained. Also the extreme wave height possible once in 100 years has been calculated. The statistics of storm surges for the White, Barents and Azov Seas were evaluated. The contribution of wind and atmospheric pressure in the formation of surges was estimated. The technique of climatic forecast frequency of storm synoptic situations was developed and applied for every sea. The research was carried out with financial support of the RFBR (grant 16-08-00829).

Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

Science.gov (United States)

Breland, Hunter M.; Hart, Frederick M.

This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

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.

Modeling of Coastal Inundation, Storm Surge, and Relative Sea-Level Rise at Naval Station Norfolk, Norfolk, Virginia, USA

Science.gov (United States)

2013-01-01

Storm Surge, and Relative Sea-Level Rise at Naval Station Norfolk, Norfolk, Virginia, USA 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT...tive comments on the manuscript. Permission was granted by the Chief, USACE, to publish this information. LITERATURE CITED Blanton, B.; Stillwell, L...Geospatial Center. http://www.agc.army.mil/ (accessed February 29, 2012). Vickery, P.; Wadhera, D.; Cox, A.; Cardone , V.; Hanson, J., and Blanton, B

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...

The legal reasoning skills. Theoretical considerations

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Lisett D. Páez Cuba

2014-06-01

Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

Carrier’s liability under the international conventions for the carriage of goods by sea

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Anežka GROBARČÍKOVÁ

2014-09-01

Full Text Available As is well known, there is no international convention for the carriage of goods in general. Each mode of transport counts on one or several international conventions that specifically regulate the provision of international transport by sea, rail, road or air. Thus, multimodal freight transport are characterised by a patchwork of different legal regimes that represents a huge challenge for the growth of multimodal transport industry. The paper aims to analyse the latest, but still not in force Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam rules that should provide global solution for multimodal carrier liability. Comparison of the carrier’s liability in the former conventions relating to the international carriage of goods by sea and other rules are also discussed.

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.

Legal capacity and biomedicine: Biomedical discrimination

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Cvetić Radenka

2011-01-01

Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

The Legal Implications for the Navigation Development of Bystroye Channel

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Tache Bocaniala

2009-10-01

Full Text Available On May 11, 2004, Ukraine began the construction of the Danube - Black Sea Channel (Chilia and Bystroe river branch in the Danube Delta. The project, which had economic, political and even military interests, has been questioned since the formation of national and international environmental organizations (of both countries, which are likely to cause significant negative transboundary impact on the Danube Delta ecosystem. We conclude that, in defiance of the bilateralagreements with the Romanian and the international ones, Ukraine continued its works to complete the project, applying the policy of the complete fact. In this document we intend to highlight anumber of legal implications of the problem and the current international context as well, favorable for directing the demarche to a correct resolution.

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

OpenAIRE

Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

2017-01-01

The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

LEGAL DRAFTING IN CROATIA - CASE STUDY

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Dario Đerđa

2017-01-01

Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

medico-legal an overview of some of the key legal developments in ...

African Journals Online (AJOL)

Enrique

equipped to admit a child with HIV as none of its teachers ... Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg ... once they have certified that the test or treatment is in the.

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

Medico-legal autopsies in Denmark

DEFF Research Database (Denmark)

Larsen, Sara Tangmose; Lynnerup, Niels

2011-01-01

At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

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

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.

The regional seas programme of UNEP

Energy Technology Data Exchange (ETDEWEB)

Bliss-Guest, P.A. (United Nations Environment Programme, Geneva, Switzerland); Keckes, S.

1982-04-01

The 1972 United Nations Conference on the Human Environment (Stockholm) outlined a ''master plan'' for protecting the world's environment which linked environmental assessment, environmental management, and supporting measures, as basic and inseparable elements - also recognizing the advantages of a regional approach in contributing to the solution of global problems. The development of UNEP's Regional Seas Programme, since the Action Plan for the Mediterranean was adopted in 1975, demonstrates that the basic concepts formulated at Stockholm can effectively foster regional cooperation among interested States, and that such cooperation can and does benefit greatly from the support of the United Nations as a whole. The viability of any long-term regional programme lies with the political and financial commitment of the Governments concerned. Within the UNEP Regional Seas Programme this commitment is usually formalized through binding regional legal agreements, and is manifested concretely through an agreed set of activities that are revised periodically by the Governments involved. It is expected that these activities will be adquately supported by financial resources put at the disposal of each of the regional programmes primarily by the Governments concerned.

Asylum grant rates following medical evaluations of maltreatment among political asylum applicants in the United States.

Science.gov (United States)

Lustig, Stuart L; Kureshi, Sarah; Delucchi, Kevin L; Iacopino, Vincent; Morse, Samantha C

2008-02-01

Although many individuals applying for political asylum allege maltreatment and sometimes torture in their countries of origin, the utility of medical evaluations in asylum adjudication has not been documented. This study compares the asylum grant rate among US asylum seekers who received medical evaluations from Physicians for Human Rights (PHR), with rates among asylum seekers who did not receive PHR evaluations. Retrospective analysis was carried out on all asylum cases referred to PHR between 2000 and 2004 for medical evaluations for which adjudication outcome was available. Basic demographic information was obtained: age, sex, country of origin, English language ability, US region where adjudication occurred, whether legal representation was pro bono, type of evaluation, provision of oral court testimony, and whether asylum seekers were in detention. Cases were analyzed descriptively and with chi square tests. Between 2000 and 2004, 1663 asylum seekers received medical evaluations from PHR; the adjudication status (either granted or denied) was determined in 746 cases at the time of the study. Of these cases, 89% were granted asylum, compared to the national average of 37.5% among US asylum seekers who did not receive PHR evaluations. Medical evaluations may be critical in the adjudications of asylum cases when maltreatment is alleged.

Adjustment of legally binding local plans

DEFF Research Database (Denmark)

Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

2012-01-01

Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

Marketing legal services on the Internet

Directory of Open Access Journals (Sweden)

Alicja Mikołajczyk

2014-09-01

Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.

The changing purpose of mental health law: From medicalism to legalism to new legalism.

Science.gov (United States)

Brown, Jennifer

2016-01-01

The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

Belief and legal philosophy: a conceptual framework for Christian scholarship in undergraduate legal education

Directory of Open Access Journals (Sweden)

S. de Freitas

2009-07-01

Full Text Available Legal education in South Africa has arrived at a discursive juncture that demands clarity on what the “purpose” of legal education should be. Debate on the purpose of legal education, more specifically for the Christian law student, becomes especially important in a society dominated by positivism, mate-rialism and pragmatism. With specific reference to the under-graduate Christian law student, this article firstly explains that the purpose of legal education should include the nurturing of the student’s belief – a belief encompassing his/her foun-dational perspective(s on reality. Secondly, in order to achieve the proper nurturing and development of the Christian law student’s belief, the importance of the teaching of legal philo-sophy is explained. In this regard, proposals are postulated pertaining to specific means by which such nurturing and development of the undergraduate Christian law student’s foundational belief can be attained.

19 CFR 351.504 - Grants.

Science.gov (United States)

2010-04-01

... INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE ANTIDUMPING AND COUNTERVAILING DUTIES Identification and Measurement of Countervailable Subsidies § 351.504 Grants. (a) Benefit. In the case of a grant, a benefit exists in the amount of the grant. (b) Time of receipt of benefit. In the case of a grant, the...

REGIME OF REFUGEES IN ROMANIA. THE LEGAL FRAMEWORK AND ITS RECENT DEVELOPMENTS

Directory of Open Access Journals (Sweden)

Oana-Adriana IACOB

2017-05-01

Full Text Available The present paper offers a general overview of the legal framework of the Romanian asylum system and of its most recent developments, trigerred by the ”refugee crisis” that created turmoils and generated debates at the European and international levels. Although traditionally a transit country for migrants, that remained largely unaffected by the crisis, the controversies around the issue and the perspective of an increase of the migration flow, represented an incentive for the adoption of measures at national level, aiming to improve the asylum system and the perspectives of social integration of those who were granted a form of international protection. This study aims to highlight these developments and to place them in a larger international/European context.

INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

Directory of Open Access Journals (Sweden)

A. Tyrtyshny

2015-01-01

Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

Legal provisions concerning the handling and disposal of radioactive waste in international and national law

International Nuclear Information System (INIS)

Bischof, W.

1980-01-01

A short survey is given on the situation of international legislation concerning radioactive waste handling and disposal. There are special rules on the disposal of nuclear waste in a number of conventions (Geneva 1958, London 1972, Helsinki 1974, Paris 1974, Barcellone 1976) on the protection of the marine environment and of the high sea against pollutions. In 1974 and 1978, the International Atomic Energy Agency made further recommendations concerning radioactive wastes referred to in the London Convention. In 1977, the Organisation for Economic Cooperation and Development also set up within its Nuclear Energy Agency (NEA) a multilateral consultation and surveillance mechanism for the sea-dumping of radioactive waste. The NEA has since published recommendations on the sea-dumping of radioactive waste. In 1975, it was agreed to abide by the Antarctic Treaty of 1959 not to dispose any nuclear waste on the Antarctic Region. There is at present no absolute prohibition of radioactive waste disposal in outer space but the Member States of the United Nations are responsible for such activities. As regards national legislation, the legal provisions for 13 different countries on radioactive waste disposal are listed. (UK)

A "not-for-profit" regulatory model for legal recreational cannabis: Insights from the regulation of gaming machine gambling in New Zealand.

Science.gov (United States)

Wilkins, Chris

2018-03-01

A dozen or more regulatory frameworks have been proposed for legal cannabis but many of the "not-for-profit" options have yet to be developed in any detail, reducing the likelihood they will be seriously considered by policy makers. New Zealand's innovative "not-for-profit" regulatory regime for gaming machine gambling (i.e. "slot machines") has reversed the previous increase in gambling expenditure, empowered local councils to cap the number of gambling venues, and is unique in requiring the societies operating gaming machines to distribution 40% of the gross expenditure from machines (i.e. $NZ 262 million in 2015) to community purposes (e.g. sports). However, the regime has been criticised for not addressing the concentration of gaming outlets in poorer communities, and not requiring grants to be allocated in the disadvantaged communities where outlets are located. There have also been cases of gaming societies providing community grants in exchange for direct or indirect benefits. In this paper we adapt this regulatory approach to a legal cannabis market. Under the proposed regime, licensed "not-for-profit" cannabis societies will be required to distribute 20% of cannabis sales to drug treatment and 20% to community purposes, including drug prevention. Grants must be allocated in the regions where cannabis sales are made and grant committees must be independent from cannabis societies. A 20% levy will be used to cover the wider health costs of cannabis use. A further 10% levy will be used to fund the regulator and evaluate the new regime. Local councils will have the power to decide how many, and where, cannabis retail outlets are located. Other important elements include a minimum price for cannabis, effective taxation of cannabis products, regulating CBD in cannabis products, higher taxation of traditional smoking products, advertising restricted to place-of-sale, no internet sales, and restrictions on industry involvement in regulation making and research

Spiritual Occlusion and Systemic Integrity: Legal Evaluations of Due Process Protections and Freedom of Religious Expression and Practices Safeguards

Directory of Open Access Journals (Sweden)

Jason R. Jolicoeur

2018-05-01

Full Text Available As is the case with other constitutionally protected rights, the freedom of religion is not unlimited nor without restriction or constraint. Rather, the courts have long held that the state may have legitimate reasons for placing reasonable restrictions on the otherwise free exercise of religious practice. The courts have also held that the state cannot restrict religious practice in a capricious or gratuitous manner. However, the courts have also held that individuals have a constitutional right to due process legal protections. In many instances, these two freedoms exist independently of each other. In instances when they intersect, conflict may result from one right seeking hegemony over the other. In instances such as these, the courts may have to resolve conflicts by establishing legal principles and precedents regarding which of these constitutional protections will be granted contextual prominence over the other. Thus far, the legal evaluation of this important question has been confused at best and contradictory at worst. This has resulted in a number of substantive outcomes that pose significant challenges to the practice and application of both rights and an underlying avoidance of broader constitutional questions.

Sea level trends in South East Asian Seas (SEAS)

Science.gov (United States)

Strassburg, M. W.; Hamlington, B. D.; Leben, R. R.; Manurung, P.; Lumban Gaol, J.; Nababan, B.; Vignudelli, S.; Kim, K.-Y.

2014-10-01

Southeast Asian Seas (SEAS) span the largest archipelago in the global ocean and provide a complex oceanic pathway connecting the Pacific and Indian Oceans. The SEAS regional sea level trends are some of the highest observed in the modern satellite altimeter record that now spans almost two decades. Initial comparisons of global sea level reconstructions find that 17 year sea level trends over the past 60 years exhibit good agreement in areas and at times of strong signal to noise associated decadal variability forced by low frequency variations in Pacific trade winds. The SEAS region exhibits sea level trends that vary dramatically over the studied time period. This historical variation suggests that the strong regional sea level trends observed during the modern satellite altimeter record will abate as trade winds fluctuate on decadal and longer time scales. Furthermore, after removing the contribution of the Pacific Decadal Oscillation (PDO) to sea level trends in the past twenty years, the rate of sea level rise is greatly reduced in the SEAS region. As a result of the influence of the PDO, the SEAS regional sea level trends during 2010s and 2020s are likely to be less than the global mean sea level (GMSL) trend if the observed oscillations in wind forcing and sea level persist. Nevertheless, long-term sea level trends in the SEAS will continue to be affected by GMSL rise occurring now and in the future.

FEMA Grants Program Directorate - Preparedness (Non-Disaster) and Assistance to Firefighter Grants

Data.gov (United States)

Department of Homeland Security — The Grant Programs Directorate (GPD) strategically and effectively administers and manages FEMA grants to ensure critical and measurable results for customers and...

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

OpenAIRE

Werner Krawietz

2014-01-01

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

Marketing legal services on the Internet

OpenAIRE

Alicja Mikołajczyk

2014-01-01

This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

Regulating Offshore Energy Sources in the North Sea : Reinventing the Wheel or a Need for More Coordination?

NARCIS (Netherlands)

Müller, Hannah Katharina; Roggenkamp, Martha M.

In this article we examine the legal frameworks for developing oil, gas and wind energy in the North Sea. We discuss whether there are parallels to be seen and lessons to be learned from these different sectors and suggest that experience in the offshore petroleum sector could be used to improve the

42 CFR 51b.605 - How will grant applications be evaluated and the grants awarded?

Science.gov (United States)

2010-10-01

... HUMAN SERVICES GRANTS PROJECT GRANTS FOR PREVENTIVE HEALTH SERVICES Grants for Research, Demonstrations... has potential to directly benefit the national venereal disease control effort? (2) Are the project...

Relationships Between the Bulk-Skin Sea Surface Temperature Difference, Wind, and Net Air-Sea Heat Flux

Science.gov (United States)

Emery, William J.; Castro, Sandra L.; Lindstrom, Eric (Technical Monitor)

2002-01-01

The primary purpose of this project was to evaluate and improve models for the bulk-skin temperature difference to the point where they could accurately and reliably apply under a wide variety of environmental conditions. To accomplish this goal, work was conducted in three primary areas. These included production of an archive of available data sets containing measurements of the skin and bulk temperatures and associated environmental conditions, evaluation of existing skin layer models using the compiled data archive, and additional theoretical work on the development of an improved model using the data collected under diverse environmental conditions. In this work we set the basis for a new physical model of renewal type, and propose a parameterization for the temperature difference across the cool skin of the ocean in which the effects of thermal buoyancy, wind stress, and microscale breaking are all integrated by means of the appropriate renewal time scales. Ideally, we seek to obtain a model that will accurately apply under a wide variety of environmental conditions. A summary of the work in each of these areas is included in this report. A large amount of work was accomplished under the support of this grant. The grant supported the graduate studies of Sandra Castro and the preparation of her thesis which will be completed later this year. This work led to poster presentations at the 1999 American Geophysical Union Fall Meeting and 2000 IGARSS meeting. Additional work will be presented in a talk at this year's American Meteorological Society Air-Sea Interaction Meeting this May. The grant also supported Sandra Castro during a two week experiment aboard the R/P Flip (led by Dr. Andrew Jessup of the Applied Physics Laboratory) to help obtain additional shared data sets and to provide Sandra with a fundamental understanding of the physical processes needed in the models. In a related area, the funding also partially supported Dr. William Emery and Daniel

Wetland Program Development Grants (WPDGs)

Data.gov (United States)

U.S. Environmental Protection Agency — The Wetland Grant Database (WGD) houses grant data for Wetland Program Development Grants (created by EPA in 1990 under the Clean Water Act Section 104(b)(3)...

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.

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)

Abortion Legalization and Adolescent Substance Use

OpenAIRE

Charles, Kerwin Kofi; Stephens, Melvin, Jr

2006-01-01

We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

Understanding Cancer Prognosis

Medline Plus

Full Text Available ... Program Contacts Funding Strategy Grants Policies and Process Introduction to Grants Process NCI Grant Policies Legal Requirements ... Research Program Contacts Funding Strategy Grants Policies & Process Introduction to Grants Process Legal Requirements NCI Policies Apply ...

LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. BUTCULESCU

2014-05-01

Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

Towards a European code of medical ethics. Ethical and legal issues.

Science.gov (United States)

Patuzzo, Sara; Pulice, Elisabetta

2017-01-01

The feasibility of a common European code of medical ethics is discussed, with consideration and evaluation of the difficulties such a project is going to face, from both the legal and ethical points of view. On the one hand, the analysis will underline the limits of a common European code of medical ethics as an instrument for harmonising national professional rules in the European context; on the other hand, we will highlight some of the potentials of this project, which could be increased and strengthened through a proper rulemaking process and through adequate and careful choice of content. We will also stress specific elements and devices that should be taken into consideration during the establishment of the code, from both procedural and content perspectives. Regarding methodological issues, the limits and potentialities of a common European code of medical ethics will be analysed from an ethical point of view and then from a legal perspective. The aim of this paper is to clarify the framework for the potential but controversial role of the code in the European context, showing the difficulties in enforcing and harmonising national ethical rules into a European code of medical ethics. 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/.

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...

The Multiplication Effect of Legal Insurance

NARCIS (Netherlands)

J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

2016-01-01

textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

Can legal research benefit from evaluation studies?

Directory of Open Access Journals (Sweden)

Frans L. Leeuw

2011-01-01

Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

45 CFR 400.115 - Establishing legal responsibility.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

Gender, identity and power: a reflection on Wide sargasso sea, by Jean Rhys

Directory of Open Access Journals (Sweden)

Shirley de Souza Gomes Carreira

2012-12-01

Full Text Available This work aims to analyze Jean Rhys’s novel Wide Sargasso Sea in order to display the author’s strategy to deconstruct Charlotte Brontë’s eurocentric discourse in Jane Eyre, granting voice to the colonized subject, besides allowing a “dive” into the web woven by patriarchy, getting men and women stuck in predetermined social roles.

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.

Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

NARCIS (Netherlands)

Mitee, Leesi Ebenezer

2018-01-01

Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

Superfund Technical Assistance Grants

Data.gov (United States)

U.S. Environmental Protection Agency — This asset includes data related to the Superfund Technical Assistance Grant program, including grant number, award amounts, award dates, period of performance,...

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…

Legal Coordinator | IDRC - International Development Research ...

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

Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

AFSC/RACE/EcoFOCI: Chlorophyll: variability in spring chlorophyll concentrations and zooplankotn on the eastern Bering Sea shelf - cruise Healy 07-01

Data.gov (United States)

National Oceanic and Atmospheric Administration, Department of Commerce — These data were collected under NSF Grant # ARC-0722448 ("BEST: Impacts of Sea-ice on the Hydrographic Structure, Nutrients, and Mesozooplankton over the Eastern...

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.

The Legal Ethical Backbone of Conscientious Refusal

DEFF Research Database (Denmark)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

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...

Sea floor magnetic observatory

Science.gov (United States)

Korepanov, V.; Prystai, A.; Vallianatos, F.; Makris, J.

2003-04-01

the sea floor in order to get experimental data in geomagnetic coordinates frames. The analysis executed showed that first error source can not be avoided at shallow water experiments but can be easily taken into account. The special methodology and the developed software allowed to solve the second problem. It was shown that it is possible to reduce the magnetometer data collected in randomly oriented coordinate system at arbitrary position on the sea floor to the data in the frame system connected with geomagnetic coordinates. The parameters of LEMI-302 sea bed magnetometer are discussed and the experimental results of its application are presented. The research work in Ukraine was partly supported by INTAS grant 99-1102.

Surveys of current status in biomedical science grant review: funding organisations' and grant reviewers' perspectives

DEFF Research Database (Denmark)

Schroter, Sara; Groves, Trish; Højgaard, Liselotte

2010-01-01

The objectives of this research were (a) to describe the current status of grant review for biomedical projects and programmes from the perspectives of international funding organisations and grant reviewers, and (b) to explore funders' interest in developing uniform requirements for grant review...

Legal Regimes of Official Information in Ukraine

Directory of Open Access Journals (Sweden)

Serhii Yesimov

2018-04-01

Full Text Available In the article on the basis of the methodology of system analysis the legal nature and sources of legal regulation of the legal regime of official information in Ukraine in the conditions of adaptation of Ukrainian legislation to the legislation of the European Union are considered. A comparative legal analysis of official information in the public-law and private-law spheres in the context of legal regimes of restricted information, confidential information and information classified as state secrets has been conducted.

Economic and legal consequences of concluded apparent legal on national interests in Montenegro

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Vuksanović Draginja

2017-01-01

Full Text Available Concluding contracts on long-term leases of state-owned properties, beaches and bathing grounds should bring about positive economic effects through the payment of lease fees and the construction of tourist complexes, which in turn should be reflected on the development of tourism, and therefore on a better quality of life of citizens. In order to have legal effect, a contract as a legal transaction must be concluded in accordance with positive legal regulations. The respect for the institution of public order is the only condition limiting the fundamental principle of the law of obligations - the freedom of contract (autonomy of will. Through a detailed legal analysis, we want to draw attention to the examples of contracts on long-term leases that are unlawful. It is a particular type of apparent legal transactions (simulated contracts, because in concluding contracts on long-term leases of state-owned property, leases are simulated in public, while the contracts actually contain elements of sales. It is particularly interesting that the lessor in the concluded contracts is a relevant state authority (a ministry, on whose behalf the contract is signed by an authorized representative who had also led the negotiations with foreign investors. The consequences of such contracts negatively influence the economic development, tourism industry, and therefore also the standard of living of citizens.

The Legal Ethical Backbone of Conscientious Refusal.

Science.gov (United States)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

Civil legal responsibility for environmental pollution

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Pajtić Bojan L.

2015-01-01

Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

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Amelia-Raluca ONIŞOR

2016-05-01

Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

The Development of the Interface between Law, Medicine and Psychiatry: Medico-Legal Perspectives in History

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M Swanepoel

2009-12-01

Full Text Available Medicine and law were related from early times. This relation resulted as a necessity of protecting communities from the irresponsible acts of impostors. Various legal codes dealing with medical malpractice existed in Egypt, Mesopotamia, China, Islam, Greece, Rome, Persia and India. Over the course of the past 30 years, interest in the history of psychiatry has boomed. Much of this proliferation of interest has taken place under the broad influence of postmodernism and has resulted in multiple and diverse histories that no longer seek to provide a linear narrative of constant evolutionary progress. Rather, these new histories explore and disrupt taken for granted assumptions about the past and provide a starting point for discussion and debate about the some of the very foundations of mental health care in South Africa. As a matter of practical importance knowledge of how knowledge accrues and knowledge of the mistakes of the past is of prime importance in preventing similar mistakes in present and future work. An important reason for specifically understanding historical psychiatry is the fact that many of the uncertainties experienced in the present are a direct result of decisions made in the past. The key issue is that while it is tempting to experience current psychiatric and legal approaches towards the mentally disordered as natural and permanent, an understanding of the past helps mental health and legal practitioners to see things in a different perspective. Psychiatric and legal approaches towards the mentally disordered have changed over time and can undoubtedly also be changed in future. Therefore, the research conducted in this article focuses on the history and development of law and psychiatry including prehistoric times, the Arabian countries, the Nile Valley as well as Greece and Rome.

Legal mentality: the interpretation of the scientific discourse

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Ігор Олексійович Поліщук

2016-06-01

Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science

Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

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Konrad Graf

2011-08-01

Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

Organizational Factors Affecting Legalization in Education.

Science.gov (United States)

Meyer, John W.

Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

East is east and West is west? Management of marine bioinvasions in the Mediterranean Sea

Science.gov (United States)

Galil, Bella S.; Marchini, Agnese; Occhipinti-Ambrogi, Anna

2018-02-01

At 726 the number of recorded multicellular non indigenous species (NIS) in the Mediterranean Sea is far higher than in other European Seas. Of these, 614 have established populations in the sea. 384 are considered Erythraean NIS, the balance are mostly ship and culture-introductions. In order to effectively implement EU Regulation on the prevention and management of the introduction and spread of invasive NIS and the Marine Strategy Framework Directive in the Mediterranean Sea it is crucial that this priority pathway is appropriately managed. Three potential impediments - incomplete and inaccurate data; unknown impacts; policy mismatch - hinder implementation. Current geographical, taxonomical and impact data gaps will be reduced only by instituting harmonized standards and methodologies for monitoring NIS populations in all countries bordering the Mediterranean Sea, prioritizing bridgehead sites and dispersal hubs. The option of implementing European environmental policies concerning marine NIS in member states alone may seem expedient, but piecemeal protection is futile. Since only 9 of the 23 states bordering the Mediterranean are EU member states, the crucial element for an effective strategy for slowing the influx of NIS is policy coordination with the Regional Sea Convention (Barcelona Convention) to ensure consistency in legal rules, standards and institutional structures to address all major vectors/pathways.

Outdoor recreational use of the Salton Sea with reference to potential impacts of geothermal development

Energy Technology Data Exchange (ETDEWEB)

Twiss, R.; Sidener, J.; Bingham, G.; Burke, J.E.

1978-04-01

The objectives of this study were to describe the types, levels, and locations of outdoor recreation uses in the Salton Sea area, the number and principal activities of visitors, and to estimate the consequences upon outdoor recreation of geothermal development and other activities that might affect the Salton Sea. It is concluded that since the Salton Sea is considered legally to be a sump for agricultural, municipal, and presumably geothermal waste waters, recreational use of the Sea for fishing and boating (from present marinas) will undoubtedly continue to decline, unless there is a major policy change. Use of the shoreline for camping, the surrounding roads and lands for scenic viewing, ORV events, and retirement or recreation communities will not decline, and will probably increase, assuming control of hydrogen sulfide odors. Two ways in which the fishing and present boating facilities could be returned to a wholly usable steady state are discussed. One is by construction of a diked evaporation pond system at the south end of the Sea. This would allow a means of control over both water level and salinity. Another means, less costly but more difficult to effectively control, would be to budget geothermal plant use of, and disposal of wastes in, Salton Sea water. (JGB)

Butyltin residues in southern sea otters (Enhydra lutris nereis) found dead along California coastal waters

Science.gov (United States)

Kannan, K.; Guruge, K.S.; Thomas, N.J.; Tanabe, S.; Giesy, J.P.

1998-01-01

Tributyltin (TBT) and its degradation products, mono- (MBT) and dibutyltin (DBT), were determined in liver, kidney, and brain tissues of adult southern sea otters (Enhydra lutris nereis) found dead along the coast of California during 1992a??1996. Hepatic concentrations of butyltin compounds (BTs = MBT + DBT + TBT) ranged from 40 to 9200 ng/g wet wt, which varied depending on the sampling location and gender. Concentrations of BTs in sea otters were comparable to those reported in stranded bottlenose dolphins from the U.S. Atlantic Coast during 1989a??1994. Greater accumulation of butyltins in sea otters was explained by their bottom-feeding habit and the diet that consists exclusively of invertebrates such as mollusks and gastropods. Livers of female sea otters contained approximately 2-fold greater concentrations of BTs than did those of males. The composition of butyltin compounds in sea otter tissues was predominated by TBT in most cases and suggestive of recent exposure. Large harbors such as Monterey Harbor that handle ships legally painted with TBT-containing antifouling paints continued to experience ecotoxicologically significant butyltin contamination. Sea otters, which were affected by infectious diseases, contained greater concentrations of BTs in their tissues than those that died from trauma and other unknown causes.

Grants: View from the Campus.

Science.gov (United States)

Mohrman, Kathryn, Ed.

Each of 13 authors, all experienced in obtaining grants, examines a separate element of the grantsgetting process. The essays include: The Characteristics of an Effective Grants Officer (Julia B. Leverenz); The Grants Office (Morton Cooper); Working with the Academic Dean (Robert C. Nordvall); Working with the Development Office (Barbara A.…

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

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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.

HIV/AIDSi vastane ennetustöö Eesti Kaitseväe ajateenijate seas / Ljudmilla Priimägi, Ester Väljaots, Aare Raudsepp

Index Scriptorium Estoniae

Priimägi, Ljudmilla, 1937-

2005-01-01

15. septembrist 2002 kuni 31. detsembrini 2003. a. viis Eesti Assotsiatsioon Anti-AIDS "Democracy Commission Small Grants Program" raames USA saatkonna rahastamisel läbi projekti "HIV/AIDSi vastane ennetustöö Eesti Kaitseväe ajateenijate seas"

SRA Grant Writing Tutorial

Science.gov (United States)

This tutorial will help give your organization a broad but succinct analysis of what the SRA grant program is about. This self-paced tutorial is organized under two segments: Overview of Grant Program and Program Details.

Morocco : Legal and Judicial Sector Assessment

OpenAIRE

World Bank

2003-01-01

The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...

The Theory of the Legal State

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L. J. Du Plessis

1981-03-01

Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.

Strategic environmental assessment and national development plans in Turkey: Towards legal framework and operational procedure

International Nuclear Information System (INIS)

Say, Nuriye Peker; Yuecel, Muzaffer

2006-01-01

National development plans were started to be prepared in Turkey in 1963. These plans are mandatory for public investments and guiding principles for private investments. They have a quality which guides and sets objectives for other plans in the country. Therefore, they can be evaluated as the main reason of successes and failures of sectoral investments or the problems that they cause directly or indirectly. Turkey is undergoing rapid industrialization, urbanization and population growth, thus environmental problems are on the increase. Although Environmental Impact Assessment (EIA) has been applied to individual investments in Turkey since 1993, natural environment has continued to be affected because of human activities. Today, parallel to the developments in the world, it has been discussed that it is necessary to strengthen project-level Environmental Assessment (EA) and to practice Strategic Environmental Assessment (SEA). The interest in SEA, that is, EA at the level of proposed policies, plans and programs has grown significantly since 2000 in the country. Discussions and preparations have started about regulation which provides the legal and institutional framework for SEA in The Ministry of Environment and Forestry. However, since the scientific approach into the subject is very new in Turkey, it will take time to answer the questions about how and in what fields to practice. This research project aims at analyzing the possible practice opportunities of SEA in Turkey and the practicability of SEA into the National Five-Year Development Plan (FYDP) which is assumed at the highest level of planning hierarchy in the country. The research is conducted on two sections. In the first section, procedural approaches to SEA on national development plans are investigated and a framework for these approaches is adapted at the institutional level. In the second section, SEA form for energy sector in the development plans is developed. In this article, the findings

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.

Evaluating potential conservation conflicts between two listed species: sea otters and black abalone.

Science.gov (United States)

Raimondi, Peter; Jurgens, Laura J; Tinker, M Tim

2015-11-01

Population consequences of endangered species interacting as predators and prey have been considered theoretically and legally, but rarely investigated in the field. We examined relationships between spatially variable populations of a predator, the California sea otter, Enhydra lutris nereis, and a prey species, the black abalone, Haliotis cracherodii. Both species are federally listed under the Endangered Species Act and co-occur along the coast of California. We compared the local abundance and habitat distribution of black abalone at 12 sites with varying densities of sea otters. All of the populations of abalone we examined were in the geographic area currently unaffected by withering disease, which has decimated populations south of the study area. Surprisingly, our findings indicate that sea otter density is positively associated with increased black abalone density. The presence of sea otters also correlated with a shift in black abalone to habitat conferring greater refuge, which could decrease illegal human harvest. These results highlight the need for a multi-species approach to conservation management of the two species, and demonstrate the importance of using field-collected data rather than simple trophic assumptions to understand relationships between jointly vulnerable predator and prey populations.

The national legal framework in France

International Nuclear Information System (INIS)

Touitou-Durand, Florence

2017-01-01

Ms Touitou-Durand presented the French legal framework regarding public participation. The 2005 Charter for the Environment, which has constitutional value, lays down the principle of public participation in decisions likely to affect the environment. These include, among others, Nuclear Safety Authority decisions on technical prescriptions or on modifications requested by licensees. France is a Party to the Aarhus and Espoo Conventions and applies the relevant European directives related to the matter. Whereas the Aarhus Convention covers access to environmental information held by public authorities, French provisions go further by creating obligations also for the operator of a nuclear installation, which must grant access to information on the risks related to ionising radiation that can result from its activity and on the measures taken to prevent or reduce these risks. The principle of transparency in the nuclear field was introduced in French law in 2006 and further incorporated in the Environmental Code. It grants the public the right to reliable and accessible information on nuclear safety, radiological protection, the prevention of and fight against malicious acts, and civil security actions in the event of an accident. Two bodies are called to deal with stakeholder involvement, namely the High Committee for Transparency and Information on Nuclear Security and the Local Information Committees, the latter being mandatory for any site comprising one or several nuclear installations. The Local Information Committees are composed of representatives of local authorities, environmental protection organisations, trade unions, experts and residents of the area where the site is located. Regarding involvement of the public in project-level decisions, Ms Touitou-Durand explained that the eventual authorisation by decree of the creation of a nuclear installation must be preceded by a formal public debate (when located on a new site), an environmental impact

The Legal Regulation of Cybersecurity

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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

A System of Oceanic Reanalysis (SOR) fot the Nordic Seas

Science.gov (United States)

Pnyushkov, A.

2009-04-01

A system of oceanic reanalysis of the Nordic seas (Norwegian, Greenland and Barents seas) directed to the investigations of long period changes in the oceanic climate of the Arctic sub-polar seas was developed. The system of oceanic reanalysys (SOR) includes hybrid coordinate 22-th level ocean model HYCOM [Bleck,2002] and modern oceanographic data assimilation technique based on spectral nudging method. A series of test experiments was carried out and optimal parameters for assimilation routine were choused. These parameters take into account the accuracy of spatial restoring by means objective analysis procedure and phase distortion in modeling fields during monotonous assimilation of monthly distributions. On the basis of modeling results a set of monthly mean hydrological distributions of thermohaline parameters was created for the Nordic seas that was used for climatic field compilations on the standard levels for period 1957-1990. The data of reanalysis system projections allow us to restore the information about structure and dynamic of oceanographic fields for the periods and areas with a small number of direct measurements, for example East-Greenland currents area, north and north-east parts of the Barents sea. A series of additional experiments with SOR were performed directed to the simple assimilation of sea ice concentration data. A significant improvement of the system of objectively analyzed field preparation was done during 2008 including additional validation procedure of gridded arrays with using the direct data of oceanographic stations. This work was supported by Russian Foundation for Basic Research (grant 07-05-00393).

Ulysses S. Grant and Reconstruction.

Science.gov (United States)

Wilson, David L.

1989-01-01

Discusses the role played by Ulysses S. Grant during the four years of Reconstruction before he became President of the United States. Describes the dynamics of the relationship between Grant and Andrew Johnson. Points out that Grant's attitude of service to the laws created by Congress submerged his desire to create a new South. (KO)

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

[The phenomenon of alcoholism in Poland as a legal issue].

Science.gov (United States)

Jagielska-Burduk, Alicja; Jagielska, Iwona; Janicki, Radosław; Grabiec, Marek

2012-01-01

Alcoholism is a problem of a social value. About 140 million people worldwide suffer from alcoholism. Research has demonstrated adverse effects of alcohol. In the scientific project were confirmed: increased risk of cancer, liver disease, abnormal course of pregnancy and development of fetus. Among alcoholics are frequent phenomena of criminal behavior, accidents and trauma. The Polish Constitution granted the right to health citizens. The consequence of the above mentioned constitutional guarantee is the duty of the state that consists in caring for the functioning of a society free from addictions and alcohol problems. The basic legal act in this field is the Act on Upbringing in Sobriety and Counteracting Alcoholism. The state policy in the fight against alcoholism is implemented at various levels of both government and local government. The established National Agency for Solving Alcohol Problems drafts a National Programme for Prevention and Solving Alcohol Problems every year. Also important are public awareness campaigns conducted to raise awareness about the negative effects of alcohol.

The international legal position on transboundary shipments of radioactive waste

International Nuclear Information System (INIS)

Grimston, M.C.

1997-01-01

The recent decision not to grant planning permission for construction of a Rock Characterisation Facility near Sellafield has reopened the question of long-term radioactive waste disposal policy in the UK. One possible solution would be the construction and operation of a small number of international radioactive waste disposal facilities, taking waste from several countries. Such an approach would allow pooling of international expertise; would allow the choice of excellent sites from geological and demographical standpoints; and may be economically attractive depending on economies of scale. However, the approach would also increase the amount of waste transport, and may reduce the pressure on producers to reduce the volumes of waste arising. This paper traces the development of international legal attitudes to transboundary transport of radioactive and other hazardous waste. It concludes that as international law now stands it would be very difficult to establish a network of international waste disposal facilities, and therefore strategies which are developed will be nationally based. (Author)

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.

Legal Marketing and Lawyer's Communication

Directory of Open Access Journals (Sweden)

Sara Casolaro

2016-09-01

Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

Legal Translation Dictionaries for Learners

DEFF Research Database (Denmark)

Nielsen, Sandro

2010-01-01

in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

Genetics of the Steller's Sea Cow (Hydrodamalis gigas): A Study of Ancient Bone Material

Science.gov (United States)

Crerar, Lorelei D.

Georg Wilhelm Steller was born 100 years before Darwin in 1709 and he was part of a vast exploration fifty years before Lewis and Clark explored America. Steller was important to the study of marine mammals because he was the only naturalist to see and describe the great northern sea cow ( Hydrodamalis gigas). Knowledge of an extinct population can be used to aid the conservation of a current population. Extraction of DNA from this extinct animal was performed in order to determine the population structure of the Steller's sea cow. A test was also developed that can definitively state whether or not a random bone sample came from H. gigas. This test could be used by the Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) to examine material distributed in the North Pacific to determine whether samples are legally traded extinct Steller's sea cow or illegally traded extant marine mammal species protected under the Marine Mammal Protection Act (MMPA).

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.

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...

A survey of the existing international legal rules on the dumping of radioactive waste into the sea

International Nuclear Information System (INIS)

Cornelis, J.C.

All nuclear activities generate radioactive wastes and, in the context of the problems raised by such wastes, the author analyses the international rules regulating their safe disposal into the sea and the motives underlying their elaboration. The review therefore covers the London Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matter, together with the IAEA provisional definition and recommendations in this respect, and the recently adopted OECD Multilateral Consultation and Surveillance Mechanism for Sea Dumping of Radioactive Waste. It is emphasized that while the London Convention deals with a wide range of products, the OECD Mechanism deals solely with radioactive waste. Finally, consideration is given to whether the Paris Convention and the Euratom Treaty may be of relevance in this field. (NEA) [fr

Studying Legal Cultures and Encounters?

DEFF Research Database (Denmark)

Petersen, Hanne

2015-01-01

This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

Legal Principles and Legislative Instrumentalism

NARCIS (Netherlands)

Gribnau, J.L.M.; Soeteman, A.

2003-01-01

Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

Spectral analysis of optical emission of microplasma in sea water

Science.gov (United States)

Gamaleev, Vladislav; Morita, Hayato; Oh, Jun-Seok; Furuta, Hiroshi; Hatta, Akimitsu

2016-09-01

This work presents an analysis of optical emission spectra from microplasma in three types of liquid, namely artificial sea water composed of 10 typical agents (10ASW), reference solutions each containing a single agent (NaCl, MgCl2 + H2O, Na2SO4, CaCl2, KCl, NaHCO3, KBr, NaHCO3, H3BO3, SrCl2 + H2O, NaF) and naturally sampled deep sea water (DSW). Microplasma was operated using a needle(Pd)-to-plate(Pt) electrode system sunk into each liquid in a quartz cuvette. The radius of the tip of the needle was 50 μm and the gap between the electrodes was set at 20 μm. An inpulse generator circuit, consisting of a MOSFET switch, a capacitor, an inductor and the resistance of the liquid between the electrodes, was used as a pulse current source for operation of discharges. In the spectra, the emission peaks for the main components of sea water and contaminants from the electrodes were detected. Spectra for reference solutions were examined to enable the identification of unassigned peaks in the spectra for sea water. Analysis of the Stark broadening of H α peak was carried out to estimate the electron density of the plasma under various conditions. The characteristics of microplasma discharge in sea water and the analysis of the optical emission spectra will be presented. This work was supported by JSPS KAKENHI Grant Number 26600129.

€œLegal Boundaries of Online Advertising"

OpenAIRE

Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

2014-01-01

This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

Controle de constitucionalidade em face da mutação constitucional e da mutação legal

OpenAIRE

Bufulin, Vinicius Castrequini; Universidade Estadual de Londrina

2004-01-01

The study seeks to approach the fundamental aspects of the informal alteration of the group of juridical norms. So that it is possible an analysis of the control of constitutional of the product of the Constitutional Mutation and of the Legal Mutation. El estudio busca acercarse los aspectos fundamentales de la alteración informal del ordenamiento jurídico. Que para que sea posible un análisis del mando de constitucionalidade del producto de la Mutación Constitucional y de la Mutación Leg...

Legal Knowledge and Agility in Public Administration

NARCIS (Netherlands)

Boer, A.; van Engers, T.

2013-01-01

To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,

Shipboard measurements of nitrogen dioxide, nitrous acid, nitric acid and ozone in the Eastern Mediterranean Sea

Czech Academy of Sciences Publication Activity Database

Večeřa, Zbyněk; Mikuška, Pavel; Smolík, Jiří; Eleftheriadis, K.; Bryant, C.; Colbeck, I.; Lazaridis, M.

2008-01-01

Roč. 8, č. 1 (2008), s. 117-125 ISSN 1567-7230 Grant - others:5th FP Commission of the EC(XE) EVK2-CT-1999-0052 SUB-AERO Institutional research plan: CEZ:AV0Z40310501; CEZ:AV0Z40720504 Keywords : reactive nitrogen species * ozone * Eastern Mediterranean Sea Subject RIV: CB - Analytical Chemistry, Separation

Legal Quality, Inequality, and Tolerance

DEFF Research Database (Denmark)

Bjørnskov, Christian

Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

Legal Quality, Inequality, and Tolerance

DEFF Research Database (Denmark)

Bjørnskov, Christian

2004-01-01

Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

Legal highs on the Internet.

Science.gov (United States)

Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

2010-02-01

This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.

ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

Directory of Open Access Journals (Sweden)

RADA POSTOLACHE

2012-05-01

Full Text Available The interest – which is an institution typical to private law, has been taken over by the fiscal field and adapted to the specific features of fiscal obligation – being defined by its imperative legal regime, which has at the least the following characteristic elements: unitary character, imposed legal percentage, compulsory demand of interest, automatic application. In order to render responsible fiscal debtors, the lawmaker has reintroduced, as an accessory of fiscal obligation, delayed payment penalties, which have a distinct nature and legal regime, but without the principle non bis in idem being transgressed. Our study aims to establish the legal regime ofaccessories typical to fiscal obligation, from the perspective of special normative acts, but also of the common law within the field – Civil Code and Government Ordinance No. 13/2011 – by pointing out at the same time both the particular circumstances and procedural ones regulated by the Fiscal Procedure Code, shedding light upon the controversial legal nature of accessories.

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.

Health Law as a Legal Discipline

DEFF Research Database (Denmark)

Madsen, Helle Bødker

2011-01-01

The issue of how to dispose of aborted foetuses is a sensitive ethical and legal issue which relates directly to the legal status of the foetus. An illustrative example of this issue’s practical legal relevance is the Danish Council of Ethics’ recommendation of March 3, 2011, in reply...... to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...... general reflections on the legal status of cadaveric foetuses....

SEA in local land use planning - first experience in the Alpine States

International Nuclear Information System (INIS)

Jiricka, Alexandra; Proebstl, Ulrike

2008-01-01

In the Alpine area, planning decisions can result in far-reaching consequences because of the high sensitivity of the Alpine ecosystems. This article is based on two hypotheses: (1) The Alpine states/regions were aware of their sensitive environment and therefore recognized the necessity of introducing a comparable instrument to assess local land use planning. (2) By introducing this differentiated assessment tool, namely SEA, an increase in costs may be the consequence. However, better and more transparent planning can contribute to the enhancement of planning standards. To reveal the validity of these assumptions the legal implementation in the Alpine countries Austria, Germany, Italy and France was examined as well as first practical experience resulting from the determined procedures. The results of the implementation process in the four states were compared and discussed on the basis of selected process steps of SEA

[THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

Science.gov (United States)

Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

2018-04-01

Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

Legal risk management in shipping

DEFF Research Database (Denmark)

Siig, Kristina

The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

5 CFR 582.202 - Service of legal process.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A... agency as a garnishee. (b) Service of legal process may be accomplished by certified or registered mail...

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.

Risk comparisons relevant to sea disposal of low level radioactive waste

International Nuclear Information System (INIS)

1993-11-01

This document contains estimates of, and comparisons among, risks to human health posed by exposures to radionuclides, including those associated with low level radioactive wastes dumping at sea, and organic chemical contaminants resulting from seafood consumption. This study was conducted at the request of the Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (the London Convention 1972, formerly referred to as the London Dumping Convention) as a component of a review of the wider political, legal, economic and social aspects of sea dumping of radioactive wastes. The highest potential risks associated with seafood consumption are generally those resulting from exposures to naturally occurring radionuclides. In some representations, the potential risks associated with polychlorinated biphenyls (ΣPCB) and dieldrin in seafood are of the same order as those arising from naturally occurring radionuclides. The peak annual risks resulting from low level radioactive waste dumping at sea, assessed on any rational basis, are at least two orders of magnitude lower than those associated with the ingestion of common organic chemical contaminants in seafood. 47 refs, 4 figs, 13 tabs

Federal health services grants, 1985.

Science.gov (United States)

Zwick, D I

1986-01-01

Federal health services grants amounted to about $1.8 billion in fiscal year 1985. The total amount was about $100 million less, about 6 percent, than in 1980. Reductions in the health planning program accounted for most of the decline in absolute dollars. The four formula grants to State agencies amounted to about $1.0 billion in 1985, about 60 percent of the total. The largest formula grants were for maternal and child health services and for alcohol, drug abuse, and mental health services. Project grants to selected State and local agencies amounted to about $.8 billion. There was 12 such grants in 1985 (compared with 34 in 1980). The largest, for community health services, equaled almost half the total. In real, inflation-adjusted dollars, the decline in Federal funds for these programs exceeded a third during the 5-year period. The overall dollar total in real terms in 1985 approximated the 1970 level. The ratio of formula grants to project grants in 1985 was similar to that in 1965. Studies of the impact of changes in Federal grants have found that while the development of health programs has been seriously constrained in most cases, their nature has not been substantially altered. In some cases broader program approaches and allocations have been favored. Established modes of operations and administration have generally been strengthened. Some efficiencies but few savings in administration have been identified. Replacement of reduced Federal funding by the States has been modest but has increased over time, especially for direct service activities. These changes reflect the important influence of professionalism in the health fields and the varying strengths of political interest and influence among program supporters. The long-term impact on program innovation is not yet clear.

[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.

"Conserving Marine Biodiversity in the Global Marine Commons: Co-evolution and Interaction with the Law of the Sea"

Directory of Open Access Journals (Sweden)

Robin Margaret Warner

2014-05-01

Full Text Available As global shipping intensifies and technological advances provide more opportunities to access the resources of the high seas and the deep seabed beyond national jurisdiction (ABNJ, the catalogue of threats to the marine environment and its biodiversity increase commensurately. Beyond these threats, new and emerging uses of ABNJ including more intrusive marine scientific research, bio-prospecting, deep seabed mining and environmental modification activities to mitigate the effects of climate change have the potential to harm the highly interconnected and sensitive ecosystems of the open ocean and the deep seabed if not sustainably managed now and into the future. Modern conservation norms such as environmental impact assessment, marine protected areas, marine spatial planning and development mechanisms such as technology transfer and capacity building are under developed in the legal and institutional framework for ABNJ. This article examines key normative features of the legal and institutional framework for ABNJ and their applicability to conservation of marine biodiversity, gaps and disconnects in that framework and ongoing global initiatives to develop more effective governance structures. It discusses some of the options being considered in the UN Ad Hoc Informal Open-ended Working Group to study issues related to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ Working Group to evolve the legal and institutional framework for conservation and sustainable use of marine biodiversity in ABNJ and their current and future relevance for the law of the sea. It concludes that the discussions in the BBNJ Working Group and related initiatives in the Convention on Biological Diversity (CBD and at regional level have demonstrated that a more integrated legal and institutional structure is needed to address growing threats to marine biodiversity in ABNJ.

Does Legalized Prostitution Increase Human Trafficking?

OpenAIRE

Seo-Young Cho; Axel Dreher; Eric Neumayer

2011-01-01

This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...

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.…

42 CFR 57.1511 - Opinion of legal counsel.

Science.gov (United States)

2010-10-01

... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...

28 CFR 543.15 - Legal aid program.

Science.gov (United States)

2010-07-01

... necessary to maintain security or good order in the institution, the Warden may prohibit a student or legal... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS...

Platform economy in legal profession : An empirical study on online legal service providers in China

NARCIS (Netherlands)

Li, Jing

2018-01-01

Platform economy breaks into the legal profession by pooling lawyers with different specializations into a simple user-friendly platform, consolidating the lower-tier supply side of the legal market and generating economy of scale. This paper is the very first empirical piece looking into China’s

Welfare financing : Grant allocation and efficiency

NARCIS (Netherlands)

Toolsema-Veldman, Linda; Allers, M.A.

2012-01-01

Welfare is often administered locally, but financed through grants from the central government. This raises the question how the central government can prevent local governments from spending more than necessary. Block grants are more efficient than matching grants, because the latter reduce the

Legal regulation of home births

Directory of Open Access Journals (Sweden)

Baturan Luka O.

2015-01-01

Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

Legal Inheritance in the Republic of Kosovo

Directory of Open Access Journals (Sweden)

Dr.Sc. Hamdi Podvorica

2011-06-01

Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they

Legal protection in French environmental law

International Nuclear Information System (INIS)

Fromont, M.

1983-01-01

The author presents a comparison of the French and the Federal German legal provisions providing for preliminary legal protection in connection with proceedings where protection of the environment is involved. The author also discusses proceedings in contentious administrative matters in connection with the licensing of the construction and operation of nuclear power plants, as well as the protection of the laws in subject matters concerning airborne pollution control and environmental protection in general. One of the most outstanding different features is the fact that in legal proceedings on administrative matters in France, protection of the existing legal system is the main issue rather than the protection of individual rights, as is the case in the Fed. Republic of Germany. (HP) [de

The legal mentality and the succession of the law.

Directory of Open Access Journals (Sweden)

Vladimir Rybakov

2017-01-01

Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. 

Legal Research in a Changing Information Environment

African Journals Online (AJOL)

tduplessis

opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

Climate And Sea Level: It's In Our Hands Now

Science.gov (United States)

Turrin, M.; Bell, R. E.; Ryan, W. B. F.

2014-12-01

Changes in sea level are measurable on both a local and a global scale providing an accessible way to connect climate to education, yet engaging teachers and students with the complex science that is behind the change in sea level can be a challenge. Deciding how much should be included and just how it should be introduced in any single classroom subject area can be an obstacle for a teacher. The Sea Level Rise Polar Explorer App developed through the PoLAR CCEP grant offers a guided tour through the many layers of science that impact sea level rise. This map-based data-rich app is framed around a series of questions that move the user through map layers with just the level of complexity they chose to explore. For a quick look teachers and students can review a 3 or 4 sentence introduction on how the given map links to sea level and then launch straight into the interactive touchable map. For a little more in depth look they can listen to (or read) a one-minute recorded background on the data displayed in the map prior to launching in. For those who want more in depth understanding they can click to a one page background piece on the topic with links to further visualizations, videos and data. Regardless of the level of complexity selected each map is composed of clickable data allowing the user to fully explore the science. The different options for diving in allow teachers to differentiate the learning for either the subject being taught or the user level of the student group. The map layers also include a range of complexities. Basic questions like "What is sea level?" talk about shorelines, past sea levels and elevations beneath the sea. Questions like "Why does sea level change?" includes slightly more complex issues like the role of ocean temperature, and how that differs from ocean heat content. And what is the role of the warming atmosphere in sea level change? Questions about "What about sea level in the past?" can bring challenges for students who have

30 CFR 41.20 - Legal identity report.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification of...

The interface of legal and esthetic considerations

Science.gov (United States)

Richard C. Smardon

1979-01-01

This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

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…

41 CFR 105-74.650 - Grant.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Grant. 105-74.650 Section 105-74.650 Public Contracts and Property Management Federal Property Management Regulations System...-GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 105-74.650 Grant. Grant...

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...

The International Legal Personality of the Individual

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical...... to transform during the second half of the twentieth century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows......, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights...

Sea level trends in Southeast Asian seas

Science.gov (United States)

Strassburg, M. W.; Hamlington, B. D.; Leben, R. R.; Manurung, P.; Lumban Gaol, J.; Nababan, B.; Vignudelli, S.; Kim, K.-Y.

2015-05-01

Southeast Asian seas span the largest archipelago in the global ocean and provide a complex oceanic pathway connecting the Pacific and Indian oceans. The Southeast Asian sea regional sea level trends are some of the highest observed in the modern satellite altimeter record that now spans almost 2 decades. Initial comparisons of global sea level reconstructions find that 17-year sea level trends over the past 60 years exhibit good agreement with decadal variability associated with the Pacific Decadal Oscillation and related fluctuations of trade winds in the region. The Southeast Asian sea region exhibits sea level trends that vary dramatically over the studied time period. This historical variation suggests that the strong regional sea level trends observed during the modern satellite altimeter record will abate as trade winds fluctuate on decadal and longer timescales. Furthermore, after removing the contribution of the Pacific Decadal Oscillation (PDO) to sea level trends in the past 20 years, the rate of sea level rise is greatly reduced in the Southeast Asian sea region. As a result of the influence of the PDO, the Southeast Asian sea regional sea level trends during the 2010s and 2020s are likely to be less than the global mean sea level (GMSL) trend if the observed oscillations in wind forcing and sea level persist. Nevertheless, long-term sea level trends in the Southeast Asian seas will continue to be affected by GMSL rise occurring now and in the future.

Plagiarism in Grant Proposals

Science.gov (United States)

Markin, Karen M.

2012-01-01

It is not news that software exists to check undergraduate papers for plagiarism. What is less well known is that some federal grant agencies are using technology to detect plagiarism in grant proposals. That variety of research misconduct is a growing problem, according to federal experts. The National Science Foundation, in its most recent…

Telemedicine: licensing and other legal issues.

Science.gov (United States)

Siegal, Gil

2011-12-01

The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

18 CFR 3b.5 - Legal guardians.

Science.gov (United States)

2010-04-01

... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...

Competitive Legal Professionals' use of Technology in Legal ...

African Journals Online (AJOL)

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 ...

Should Pediatric Euthanasia be Legalized?

Science.gov (United States)

Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

2018-02-01

Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

Legal Duties and Legal Liabilities of Coaches toward Athletes

Directory of Open Access Journals (Sweden)

Mirsafian Hamidreza

2016-03-01

Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

7 CFR 1948.95 - Grant monitoring.

Science.gov (United States)

2010-01-01

... 7 Agriculture 13 2010-01-01 2009-01-01 true Grant monitoring. 1948.95 Section 1948.95 Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE... § 1948.95 Grant monitoring. Each grant will be monitored by FmHA or its successor agency under Public Law...

Recent Extreme Marine Events at Southern Coast of Black Sea

Science.gov (United States)

Ozyurt Tarakcioglu, Gulizar; Cevdet Yalciner, Ahmet; Kirezci, Cagil; Baykal, Cuneyt; Gokhan Guler, Hasan; Erol, Onur; Zaytsev, Andrey; Kurkin, Andrey

2015-04-01

The utilization at the coastal areas of Black Sea basin has increased in the recent years with the projects such as large commercial ports, international transportation hubs, gas and petrol pipelines, touristic and recreational infrastructures both along surrounding shoreline. Although Black Sea is a closed basin, extreme storms and storm surges have also been observed with an increasing frequency in the recent years. Among those events, February 1999, March 2013 and September 2014 storms impacted Southern coast of Black sea have clearly shown that the increasing economic value at the coastal areas caused the increasing cost of damages and loss of property by natural hazards. The storm occurred on February 19-20, 1999 is one of the most destructive storm in the last decades. The 1999 event (1999 Southern Black sea storm) caused destruction at all harbors and coastal protection structures along the Black Sea coast of Turkey. The complete damage of the breakwater of Giresun Harbor and damage on the harbor structures and cargo handling equipment were the major impacts of the 1999 Southern Black sea storm. Similar coastal impact have also been observed during the September 24, 2014 storm at 500m East of Giresun harbor. Although there are considerable number of destructive storms observed at southern coast of Black sea recently, data on these events are limited and vastly scattered. In this study the list of recent extreme marine events at South coast of the Black sea compiled and related data such as wind speed, wave height, period, and type of damages are cataloged. Particular attention is focused on the 1999 and 2014 storm events. The meteorological and morphological characteristics which may be considered as the reasons of the generation and coastal amplification of these storms are discussed. ACKNOWLEDGEMENTS: This study is partly supported by Turkish Russian Joint Research Grant Program by TUBITAK (Turkey) and RFBR (Russia), and TUBITAK 213M534 Research Project.

Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

Science.gov (United States)

Trinkner, Rick; Cohn, Ellen S

2014-12-01

Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

The latitude of logic in legal hermeneutics

Directory of Open Access Journals (Sweden)

Medar Suzana

2014-01-01

Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

Arctic marine mammal population status, sea ice habitat loss, and conservation recommendations for the 21st century

Science.gov (United States)

Stern, Harry; Kovacs, Kit M.; Lowry, Lloyd; Moore, Sue E.; Regehr, Eric V.; Ferguson, Steven H.; Wiig, Øystein; Boveng, Peter; Angliss, Robyn P.; Born, Erik W.; Litovka, Dennis; Quakenbush, Lori; Lydersen, Christian; Vongraven, Dag; Ugarte, Fernando

2015-01-01

Abstract Arctic marine mammals (AMMs) are icons of climate change, largely because of their close association with sea ice. However, neither a circumpolar assessment of AMM status nor a standardized metric of sea ice habitat change is available. We summarized available data on abundance and trend for each AMM species and recognized subpopulation. We also examined species diversity, the extent of human use, and temporal trends in sea ice habitat for 12 regions of the Arctic by calculating the dates of spring sea ice retreat and fall sea ice advance from satellite data (1979–2013). Estimates of AMM abundance varied greatly in quality, and few studies were long enough for trend analysis. Of the AMM subpopulations, 78% (61 of 78) are legally harvested for subsistence purposes. Changes in sea ice phenology have been profound. In all regions except the Bering Sea, the duration of the summer (i.e., reduced ice) period increased by 5–10 weeks and by >20 weeks in the Barents Sea between 1979 and 2013. In light of generally poor data, the importance of human use, and forecasted environmental changes in the 21st century, we recommend the following for effective AMM conservation: maintain and improve comanagement by local, federal, and international partners; recognize spatial and temporal variability in AMM subpopulation response to climate change; implement monitoring programs with clear goals; mitigate cumulative impacts of increased human activity; and recognize the limits of current protected species legislation. PMID:25783745

Sun Grant Initiative Regional Biomass Feedstock Partnership Competitive Grants Program

Energy Technology Data Exchange (ETDEWEB)

Owens, Vance [South Dakota State Univ., Brookings, SD (United States). North Central Regional Sun Grant Center

2016-12-30

The Sun Grant Initiative partnered with the US Department of Energy (DOE) in 2008 to create the Regional Biomass Feedstock Partnership Competitive Grants Program. The overall goal of this project was to utilize congressionally directed funds to leverage the North Central Regional Sun Grant’s Competitive Grant program at South Dakota State University (SDSU) to address key issues and research gaps related to development of the bioeconomy. Specific objectives of this program were to: 1. Identify research projects through a Regional Competitive Grants program that were relevant to the sustainable production, harvest, transport, delivery, and processing/conversion of cost-competitive, domestically grown biomass. 2. Build local expertise and capacity at the North Central Regional Sun Grant Center at SDSU through an internal selection of key bioenergy research projects. To achieve these, three nationwide Request for Applications (RFA) were developed: one each in 2008, 2009, and 2010. Internal, capacity building projects at SDSU were also selected during each one of these RFAs. In 2013 and 2015, two additional Proof of Concept RFAs were developed for internal SDSU projects. Priority areas for each RFA were 1) Biomass feedstock logistics including biomass harvesting, handling, transportation, storage, and densification; 2) Sustainable biomass feedstock production systems including biomass crop development, production, and life-cycle analysis; 3) Biomass production systems that optimize biomass feedstock yield and economic return across a diverse landscape while minimizing negative effects on the environment and food/feed production; and 4) Promotion of knowledge-based economic development in science and technology and to advance commercialization of inventions that meet the mission of the Sun Grant Initiative. A total of 33 projects were selected for funding through this program. Final reports for each of these diverse projects are included in this summary report

42 CFR 52.6 - Grant awards.

Science.gov (United States)

2010-10-01

... grant to those applicants whose approved projects will in the Secretary's judgment best promote the..., the grant will initially be for one year and subsequent continuation awards will also be for one year... application nor the award of any grant commits or obligates the United States in any way to make any...

Prior publication productivity, grant percentile ranking, and topic-normalized citation impact of NHLBI cardiovascular R01 grants.

Science.gov (United States)

Kaltman, Jonathan R; Evans, Frank J; Danthi, Narasimhan S; Wu, Colin O; DiMichele, Donna M; Lauer, Michael S

2014-09-12

We previously demonstrated absence of association between peer-review-derived percentile ranking and raw citation impact in a large cohort of National Heart, Lung, and Blood Institute cardiovascular R01 grants, but we did not consider pregrant investigator publication productivity. We also did not normalize citation counts for scientific field, type of article, and year of publication. To determine whether measures of investigator prior productivity predict a grant's subsequent scientific impact as measured by normalized citation metrics. We identified 1492 investigator-initiated de novo National Heart, Lung, and Blood Institute R01 grant applications funded between 2001 and 2008 and linked the publications from these grants to their InCites (Thompson Reuters) citation record. InCites provides a normalized citation count for each publication stratifying by year of publication, type of publication, and field of science. The coprimary end points for this analysis were the normalized citation impact per million dollars allocated and the number of publications per grant that has normalized citation rate in the top decile per million dollars allocated (top 10% articles). Prior productivity measures included the number of National Heart, Lung, and Blood Institute-supported publications each principal investigator published in the 5 years before grant review and the corresponding prior normalized citation impact score. After accounting for potential confounders, there was no association between peer-review percentile ranking and bibliometric end points (all adjusted P>0.5). However, prior productivity was predictive (Pcitation counts, we confirmed a lack of association between peer-review grant percentile ranking and grant citation impact. However, prior investigator publication productivity was predictive of grant-specific citation impact. © 2014 American Heart Association, Inc.

Labour Market Interactions Between Legal and Illegal Immigrants

OpenAIRE

Epstein, Gil S

2000-01-01

This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

Labor Market Interactions Between Legal and Illegal Immigrants

OpenAIRE

Epstein, Gil S.

2000-01-01

This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

The law isn't everything: The impact of legal and non-legal sanctions on motorists' drink driving behaviors.

Science.gov (United States)

Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn

2016-12-01

The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights

Transport of significant metals recovered in real sea experiment of adsorbents

International Nuclear Information System (INIS)

Takeda, Hayato; Tamada, Masao; Kasai, Noboru; Katakai, Akio; Hasegawa, Shin; Seko, Noriaki; Sugo, Takanobu; Kawabata, Yukiya

2001-10-01

Real sea experiment for the recovery of significant metals such as uranium and vanadium which dissolved in seawater with extremely low concentration has been carried out at the offing of Mutsu establishment to evaluate the adsorption performance of adsorbent synthesized by radiation-induced graft-polymerization. The significant metals of uranium and vanadium eluted from the adsorbent which was soaked in the real sea were adsorbed onto the conventional chelate resin. The chelate resin which adsorbed the metals was packed in a plastic (PVC) column and further put in a cylindrical stainless transport container. This container was transported to the facility for separation and purification by a truck for the exclusive loading. Then the recovers metals were purified there. The recovered metals contained the uranium of 150g (1.92 MBq) and less in one recovery experiment. The maximum concentration is 60 Bq/g when the uranium is adsorbed on the chelate resin. Transport of recovered metals can be treated as general substance since these amount and concentration are out of legal control. However, the recovered metals were transported in conformity to L type Transport as a voluntary regulation. Though there is no requirements of structural strength for L type package legally, the structural strength of container was designed on that of IP-2 type which is higher transport grade than L type to take its safety measure. Its strength analysis proved the safety under general transport process. The transport was based on the plan made in advance. (author)

Making Legal: The Dream Act, Birthright Citizenship, and Broad-Scale Legalization

OpenAIRE

Motomura, Hiroshi

2013-01-01

Some of the most controversial topics in immigration and citizenship law involve granting lawful immigration status—or citizenship itself—to persons who might otherwise be in the United States unlawfully. In this Article, I examine arguments for and against three ways to confer lawful status: (1) the DREAM Act, which would grant status to many unauthorized migrants who were brought to the United States as children; (2) the Fourteenth Amendment to the Constitution, under which almost all child...

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.

Ethical issues in medico-legal exposures

International Nuclear Information System (INIS)

O'Reilly, G.; Malone, J. F.

2008-01-01

The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

Modern Questions Of The Legal Philosophy

Directory of Open Access Journals (Sweden)

Gennadiy A. Torgashev

2014-06-01

Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

LKIF Core: principled ontology development for the legal domain

NARCIS (Netherlands)

Hoekstra, R.; Breuker, J.; Di Bello, M.; Boer, A.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

2009-01-01

In this paper we describe a legal core ontology that is part of the Legal Knowledge Interchange Format: a knowledge representation formalism that enables the translation of legal knowledge bases written in different representation formats and formalisms. A legal (core) ontology can play an important

Granting silence to avoid wireless collisions

KAUST Repository

Choi, Jung Il

2010-10-01

We describe grant-to-send, a novel collision avoidance algorithm for wireless mesh networks. Rather than announce packets it intends to send, a node using grant-to-send announces packets it expects to hear others send. We present evidence that inverting collision avoidance in this way greatly improves wireless mesh performance. Evaluating four protocols from 802.11 meshes and 802.15.4 sensor networks, we find that grant-to-send matches or outperforms CSMA and RTS/CTS in all cases. For example, in a 4-hop UDP flow, grantto- send can achieve 96% of the theoretical maximum throughput while maintaining a 99.9% packet delivery ratio. Grant-tosend is also general enough to replace protocol-specific collision avoidance mechanisms common to sensor network protocols. Grant-to-send is simple. For example, incorporating it into 802.11 requires only 11 lines of driver code and no hardware changes. Furthermore, as it reuses existing 802.11 mechanisms, grant-to-send inter-operates with current networks and can be incrementally deployed. © 2010 IEEE.

Granting silence to avoid wireless collisions

KAUST Repository

Choi, Jung Il; Jain, Mayank; Kazandjieva, Maria A.; Levis, Philip

2010-01-01

We describe grant-to-send, a novel collision avoidance algorithm for wireless mesh networks. Rather than announce packets it intends to send, a node using grant-to-send announces packets it expects to hear others send. We present evidence that inverting collision avoidance in this way greatly improves wireless mesh performance. Evaluating four protocols from 802.11 meshes and 802.15.4 sensor networks, we find that grant-to-send matches or outperforms CSMA and RTS/CTS in all cases. For example, in a 4-hop UDP flow, grantto- send can achieve 96% of the theoretical maximum throughput while maintaining a 99.9% packet delivery ratio. Grant-tosend is also general enough to replace protocol-specific collision avoidance mechanisms common to sensor network protocols. Grant-to-send is simple. For example, incorporating it into 802.11 requires only 11 lines of driver code and no hardware changes. Furthermore, as it reuses existing 802.11 mechanisms, grant-to-send inter-operates with current networks and can be incrementally deployed. © 2010 IEEE.

The Uneven Legal Push for Europe

DEFF Research Database (Denmark)

Wind, Marlene; Martinsen, Dorte Sindbjerg; Rotger, Gabriel Pons

2009-01-01

National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more...... reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of intra-EC trade explains the referral practice of the individual member states. Majoritarian democracy is hypothesized as a causal factor in the low referral...... of majoritarian democracy on the number of referrals. The paper concludes that, owing to the uneven legal push for Europe, some member states and their citizens remain at arms' length from the legal integration process - and, in consequence, from the full impact of European integration....

38 CFR 61.41 - Special needs grants application.

Science.gov (United States)

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Special needs grants... (CONTINUED) VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM § 61.41 Special needs grants application. (a) To apply for a special needs grant, an applicant must obtain from VA a special needs grant application...

Public perceptions of arguments supporting and opposing recreational marijuana legalization.

Science.gov (United States)

McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

2017-06-01

In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

Human right to sanitation in the legal and non-legal literature : The need for greater synergy

NARCIS (Netherlands)

Obani, P.; Gupta, J.

2016-01-01

This review paper analyzes the legal and non-legal literature on the human right to sanitation (HRS). It shows that despite applying different paradigms in framing the HRS, both literature support the following three main conclusions: (a) state and non-state actors, particularly NGOs and private

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

49 CFR 110.110 - After-grant requirements.

Science.gov (United States)

2010-10-01

... PUBLIC SECTOR TRAINING AND PLANNING GRANTS § 110.110 After-grant requirements. The Associate... must submit all financial, performance, and other reports required as a condition of the grant, within...

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.

[Medical data security in medico-legal opinioning].

Science.gov (United States)

Susło, Robert; Swiatek, Barbara

2005-01-01

Medical data security can be approached in medico-legal opinioning in three main situations: security of medical data, on which the opinion should be based, opinioning itself and whether the medical data security was properly ensured and ensuring medical data security during medico-legal opinion giving. The importance of medical data security, during collecting, processing and storing, as well in medical as in legal institutions, is of major importance for the possibility of providing a proper medico-legal opinion. Theoretically speeking, it is possible to give a proper medico-legal opinion using incorrect data, but the possibility is low. When the expert is given improper, unreadable, incomplete or even bogus in part or in the whole medical data it is extremely possible, that he fails in giving his opinion. The term "medical data" was defined and subsequently there was a brief review of medical data storing methods made and specific threats bound with them, based on modern literature. The authors also pointed out possible methods of preventing the threats. They listed Polish as well as international regulations and laws concerning the problem, accenting the importance of preserving medical data for the purposes of medico-legal opinioning.

Legal Education: Critical of Contemporaneity

Directory of Open Access Journals (Sweden)

Patrícia Verônica Nunes Carvalho Sobral

2016-10-01

Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor  of  law  schools;  The  educational  legislation  Questions  of  legal  education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences  about  the  teaching  of  law,  the  methodological  approach  and  the  didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.

Estructura del sistema legal del turismo en Venezuela | Structure of the legal system of tourism in Venezuela

Directory of Open Access Journals (Sweden)

Melania Navas Graterol

2017-11-01

Full Text Available It is a fact that the social dynamic of human life, in its constant evolution promotes special and particular circumstances that the law must regulate, such as tourism. The latter, as multifaceted activity, develops into different scopes of human activities: economic, social, cultural, environmental, political and obviously, in the judicial, and requires to be regulated, supervised, encouraged and coordinated by the law. This compendium of rules integrates what is known as the Legal System Structure of the Tourism in Venezuela and they are organized in a hierarchical way, into a legal level that gives a determinate rank, which can be the same or different, and could be seen in the pyramidal model created by Hans Kelsen. The understanding of this legal system that regulates tourism through the compressive hermeneutics of its rules, allowed to find out that the legal structure is well defined within the Venezuelan touristic context. The analysis of results allowed to conclude that the norm that regulates the tourism activity in Venezuela responds to the Kelsen pyramidal model and there is a diverse number of legal instruments which contain rules that regulates it in direct way and others indirectly.

Legal Reform, De-colonization and State-building in Palestine ...

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

Legal Reform, De-colonization and State-building in Palestine. Demands for legal reform have come from both inside and outside Palestine. Inside Palestine, legal reform is seen as a prerequisite for democracy and good governance. Outside, legal reform is perceived as integral to the continued peace process with Israel.

GEF small grants programme - overview

Energy Technology Data Exchange (ETDEWEB)

NONE

1997-12-01

This paper describes the GEF small grants program which seeks to enhance the role of households and communities in conserving global biodiversity, mitigating global climate change, and protecting international waters. Grants up to $50k have been granted for projects in 33 countries, with plans for 12 other countries. The author describes the framework that the program works under, and the methodology followed in developing and planning projects. The approach to climate change concerns is to emphasize the development of non-carbon energy development activities to provide energy sources and economic development.

THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

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Eugene Stepanovich Shevlakov

2015-09-01

Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.

International legal status of refugees in the territory of one party to armed conflict

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Tesla Milan

2017-01-01

Full Text Available The international law of armed conflicts provides a legal protection to refugees if they find themselves in the territory of warring parties. Refugees are regarded as protected persons, particularly in international armed conflicts. Refugees are people forced to leave their country to find a shelter in a foreign country as a result of political events or the treat of prosecution. The legal status of refugees was regulated first by Convention relating to the Status of Refugees of 1951. The legal status of refugees in armed conflicts was regulated by Geneva Convention relating to Protection of Civilian Persons in Time of War of 1949 and by Protocol I of 1977. Both acts regulate the status of refugees who, at the moment of the beginning of hostile activities find themselves in the territory of one party to the conflict i.e., the occupied territory. So it is therefore about foreigners who have been granted a refugee status before the start of the conflict. According to the same Convention, party to the conflict, at which territory the refugees find themselves in, cannot consider them, neither treat them as foreigners nor hostile citizens, just because they belong to a hostile state. Protocol I, expended the protection of refugees in the way it is regulated, that the persons treated like refugees or stateless persons, before the start of hostilities, would be under the protection of provisions of IV Geneva Convention in all circumstances and without any adverse distinction. We should particularly emphasize the right of refugees, not to be driven out to the country where their lives or freedom could be endangered because of their belonging to a group or because of their political opinion.

The problem of the legal nature of Green Certificates in the Italian legal system

International Nuclear Information System (INIS)

Colcelli, Valentina

2012-01-01

Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.

Morphodynamics of Wadden Sea Areas – Field Measurements and Modeling

Directory of Open Access Journals (Sweden)

Thorsten Albers

2010-09-01

Full Text Available The Wadden Sea areas of the German North Sea coast are affected by intense morphodynamics. Especially in the mouths of the estuaries sedimentation and erosion occur on different temporal and spatial scales and therefore challenge the decision-makers. To satisfy the requirements, which modern maritime traffic demands, a sustainable concept for sediment management has to be developed to grant an economic and ecologic balanced system. To evaluate different actions and their effects, e.g. by means of numerical models, an improved knowledge of morphodynamic processes on tidal flats is required. The Institute of River and Coastal Engineering at the Hamburg University of Technology runs detailed measurements to collect hydrodynamic and morphodynamic data of tidal flats in the estuary Elbe, that is the approach to the port of Hamburg. Water levels, flow and wave parameters and concentrations of suspended sediments are recorded in high resolution. Furthermore, the bathymetry is determined in frequent intervals with a multi-beam echo sounder.

End of the Line? Paul Watson and the Future of the Sea Shepherd Conservation Society

Directory of Open Access Journals (Sweden)

Gerry Joseph Nagtzaam

2014-03-01

Full Text Available This paper critically examines the Sea Shepherd Conservation Society (‘SSCS’ and the legal challenges they are currently facing to continue its self-appointed role to protect oceanic life through direct action.  In Part One, the article examines the history of this radical environmental group and; the role performed by its charismatic leader Paul Watson; it’s organisational structure and its strategies and tactics; its governing philosophy and its attitudes to violence.  Part Two provides a history of the various direct actions carried out by the group; it further examines the organisation’s ongoing confrontations with the Japanese whaling fleet; documents the current legal travails the group and its leader are experiencing; and lastly asks what impact these issues will have on the group’s viability as a direct action group going forward.

Supporting the legal Practitioner LKBS or the Web?

NARCIS (Netherlands)

Leenes, R.E.; Svensson, Jorgen S.

1997-01-01

The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.

Legal problems surrounding the deregularisation of the power economy. Rechtliche Probleme einer Deregulierung der Elektrizitaetswirtschaft

Energy Technology Data Exchange (ETDEWEB)

Baur, J F; Moraing, M

1994-01-01

Numerous efforts, both national and international, are currently being undertaken to force competition in the power economy. Not the smallest contribution to greater competition is to come from granting third party access to the grid. The authors closely examine the different concepts that have been proposed in this controversial discussion. In doing so they place an emphasis on the implications the restructuring of the existing legal framework would have for constitutional law and here in particular for property rights. In conclusion, they find that a pool solution is hardly justifiable by constitutional law. Even an institutionalised third party access solution is considered practicable only if implemented with appropriate interim solutions. By contrast, the misuse concept already provided for by the law in force is judged to be worthy of further development. (orig.)

Realistic rhetoric and legal decision

Directory of Open Access Journals (Sweden)

João Maurício Adeodato

2017-06-01

Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.

The Legality and Validity of Administrative Enforcement

Directory of Open Access Journals (Sweden)

Sergei V. Iarkovoi

2018-01-01

Full Text Available The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.

USEPA Grants

Data.gov (United States)

U.S. Environmental Protection Agency — This is a provisional dataset that contains point locations for all grants given out by the USEPA going back to the 1960s through today. There are many limitations...

Marijuana Legalization: Impact on Physicians and Public Health.

Science.gov (United States)

Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

2016-01-01

Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

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

Formation of ideal of legal personality

Directory of Open Access Journals (Sweden)

Віта Олександрівна Сліпенчук

2016-01-01

Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

Support for Marijuana Legalization and Predictors of Intentions to Use Marijuana More Often in Response to Legalization Among U.S. Young Adults.

Science.gov (United States)

Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C

2017-01-28

As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.

Legal briefing: home birth and midwifery.

Science.gov (United States)

Pope, Thaddeus Mason; Fisch, Deborah

2013-01-01

This issue's "Legal Briefing" column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women's' access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories. 1. Background and History 2. Certified Nurse-Midwives 3. Direct Entry Midwives 4. Prohibition of Direct Entry Midwives 5. Enforcement of Prohibition 6. Challenges to Prohibition 7. Forbearance without License 8. Voluntary Licensure 9. Unclear and Uncertain Status 10. Growth of DEM Licensure 11. Licensure Restrictions 12. Medicaid Coverage

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

Society as a crime victim of legal entities

Directory of Open Access Journals (Sweden)

Tanjević Nataša

2011-01-01

Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

Uranium from sea water

International Nuclear Information System (INIS)

Westermark, T.; Forsberg, S.

1980-01-01

The prevalent situation in the field of uranium extraction from the oceans was reviewed from a scientific and technological standpoint and as to legality too. No international convention seems to limit the access to dissolved or suspended matter in free area of the oceans. All publications received through 1979 point to adsorption as the method of choice, at some form of hydrated titanium ''oxide'' as the most promising sorbent, and, generally spoken, at the cost of pumping water through the contacting system as a huge economical problem. A recent Swedish invention may circumvent the pumping problem by making available, in a previously unknown manner, some kind of self-renewing energy from the oceans. A simple economic calculus has resulted in costs from two to six times the present world market price of crude uranium oxide (which is assumed to be US dollar 43.-/1b), with a possibility to compete really after some technical and systematic developments. Results from a small-scale adsorption experiment in genuine sea water are presented: During a few weeks sea water was pumped through tiny, 10 cm high beds of sodium titanate ion exchangers, partly in the hydrogen form. The grain size was 250-500 μm, the flow rate 0.15-0.61 m/min. About 5% of the total amount of uranium passing the columns was retained, resulting in 8-11 μg/Ug. Also, large amounts of manganese, strontium, vanadium and zink were retained. Some of these elements and plankton as well may perhaps be recovered with an economic gain

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)

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…

International legal problems of topical interest concerning the peaceful navigation of nuclear ships

International Nuclear Information System (INIS)

Bernhardt, R.; Rudolf, W.

1975-01-01

The lack of internationally accepted laws on the operation of nuclear ships has proved so far perhaps a more serious obstacle to further development than the problems of a technical-economic kind, although international law by no means that inadequate that it could not, at least basically, do justice to the peaceful navigation of nuclear ships. The unsatisfactory legal situation has been caused in the first place by the conduct of the majority of states which, out of fear of the risks of nuclear ships, also questioned those articles of international maritime law which had been undisputed up to then. This goes in particular for the SOLAS convention, the principles of the peaceful crossing of territorial waters and of calling at ports. On the other hand, it ought to be pointed out, too, that the states obviously do not assume that the operation of nuclear ships is using the sea inadmissably under international law. One could see this as a continuation of the strict Trail-Smelter-doctrine which forbids states to allow activities which might have harmful effects on other national territories. There is no doubt, that the uses of nuclear energy belong to these dangerous activites. At the same time, they are accepted under international law, provided that they are supervised legally and provided that appropriate liability arrangments under civil law are at hand. This is the starting point for over coming the legal difficulties in the peaceful navigation of nuclear ships: it is to be treated as a matter of urgency to elaborate and to put into force comprehensive international conventions for the licensing and supervision of nuclear ships and concerning liablilty under civil law of the operators of nuclear ships. The required freedom in the navigation of nuclaer ships can only be achieved by further reglementation under maritime law. (orig./LN) [de

ATLAS PhD Grants 2015

CERN Multimedia

Marcelloni De Oliveira, Claudia

2015-01-01

ATLAS PHd Grants - We are excited to announce the creation of a dedicated grant scheme (thanks to a donation from Fabiola Gianotti and Peter Jenni following their award from the Fundamental Physics Prize foundation) to encourage young and high-caliber doctoral students in particle physics research (including computing for physics) and permit them to obtain world class exposure, supervision and training within the ATLAS collaboration. This special PhD Grant is aimed at graduate students preparing a doctoral thesis in particle physics (incl. computing for physics) to spend one year at CERN followed by one year support also at the home Institute.

Creating a Danish legal language: legal terminology in the medieval Law of Scania

DEFF Research Database (Denmark)

Tamm, Ditlev; Vogt, Helle

2013-01-01

In the decades after 1200 the kingdom of Denmark developed a corpus of provincial laws written in Danish for the three major legal provinces. With the legislation for the eastern province of Scania as a starting point, this article shows how the writing down of the law led not only to the creatio...... of a legal language but to a written vernacular language in general. It was not until the fifteenth century that written Danish was found outside of texts; charters and narrative until that point had been written in Latin....

Curbing Abuses of Legal Power in the Society

OpenAIRE

Tajudeen Ojo Ibraheem

2015-01-01

In a world characterized by greed and the lust for power and its attendant trappings, abuse of legal power is nothing new to most of us. Legal abuses of power abound in all fields of human endeavour. Accounts of such abuses dominate the mass media and for the average individual, no single day goes by without his getting to hear about at least one such occurrence. This paper briefly looks at the meaning of legal power, what legal abuse is all about, its causes, and some of...

Legal Information Sources: An Annotated Bibliography.

Science.gov (United States)

Conner, Ronald C.

This 25-page annotated bibliography describes the legal reference materials in the special collection of a medium-sized public library. Sources are listed in 12 categories: cases, dictionaries, directories, encyclopedias, forms, references for the lay person, general, indexes, laws and legislation, legal research aids, periodicals, and specialized…

Rule of law and legal epistemology

NARCIS (Netherlands)

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

2016-01-01

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

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.

The Politics of Legal Arrangements

DEFF Research Database (Denmark)

Leander, Anna

2018-01-01

This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

[Biopiracy: about its legal meanings].

Science.gov (United States)

Ramírez García, Hugo Saúl

2009-01-01

This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

German Legal History: National Traditions and Transnational Perspectives

Directory of Open Access Journals (Sweden)

Thomas Duve

2014-01-01

Full Text Available In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.

7 CFR 3021.650 - Grant.

Science.gov (United States)

2010-01-01

... Regulations of the Department of Agriculture (Continued) OFFICE OF THE CHIEF FINANCIAL OFFICER, DEPARTMENT OF AGRICULTURE GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 3021.650 Grant. Grant means an award of financial assistance that, consistent with 31 U.S.C. 6304, is used to...

Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications.

Science.gov (United States)

Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

2018-01-01

Non-therapeutic body modification interventions are permitted within the limits of the use of one's own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.

Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications

Science.gov (United States)

Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

2018-01-01

Abstract Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. Results In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. Conclusion If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors. PMID:29675481

Choice: Ethical and Legal Rehabilitation Challenges.

Science.gov (United States)

Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.

2000-01-01

The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…

7 CFR 3550.102 - Grant and loan purposes.

Science.gov (United States)

2010-01-01

... Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, DEPARTMENT OF... Waste Disposal Grants § 3550.102 Grant and loan purposes. (a) Grant funds. Grant funds may be used only... repair or remodel dwellings to make them accessible and useable for household members with disabilities...

25 CFR 23.21 - Noncompetitive tribal government grants.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Noncompetitive tribal government grants. 23.21 Section 23... ACT Grants to Indian Tribes for Title II Indian Child and Family Service Programs § 23.21 Noncompetitive tribal government grants. (a) Grant application information and technical assistance. Information...

Organ retention and communication of research use following medico-legal autopsy: a pilot survey of university forensic medicine departments in Japan.

Science.gov (United States)

Tsujimura-Ito, Takako; Inoue, Yusuke; Yoshida, Ken-ichi

2014-09-01

This study investigated the circumstances and problems that departments of forensic medicine encounter with bereaved families regarding samples obtained from medico-legal autopsies. A questionnaire was posted to all 76 departments of forensic medicine performing medico-legal autopsies in Japan, and responses were received from 48 (63.2%). Of the respondents, 12.8% had approached and communicated with bereaved families about collecting samples from the deceased person during an autopsy and the storage of the samples. In addition, 23.4% of these had informed families that samples might be used in research. Eighteen departments had received enquiries and requests from families about the samples, with most requests concerning their return. The response to such requests varied according to the department. Few departments interacted with the bereaved families regarding the procedure for obtaining autopsy samples, and their methods for handling family concerns differed depending on the person within the department authorised to contact the family. Moreover, the procedures for engaging in such communication have long been unclear, and no legal or ethical consensus or agreement with the general public has been established. It is important for researchers to further discuss the correct way for forensic medicine departments to communicate with bereaved families. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Marijuana Legalization: Impact on Physicians and Public Health

Science.gov (United States)

Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

2016-01-01

Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

Visions of the Future of (Legal) Education

OpenAIRE

Madison, Michael

2017-01-01

One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.

Legal regulation of treatment of wild animals

OpenAIRE

Kolečkářová, Eliška

2014-01-01

The diploma thesis deals with the legal regulation of the treatment with wild animals. It compares different terms used in legal regulation of protection of animals. It specified differences between concept of an animal in private law and public law. The diploma thesis is focused on possibilities of gaining ownership to the wild animals, proving origin of animals bred in human care. It concerns with legal regulation of treatment with handicap animals. The diploma thesis analyzes preparation a...

Crime and the Legalization of Recreational Marijuana

OpenAIRE

Dragone, Davide; Prarolo, Giovanni; Vanin, Paolo; Zanella, Giulio

2017-01-01

We provide first-pass evidence that the legalization of the cannabis market across US states may be inducing a crime drop. Exploiting the recent staggered legalization enacted by the adjacent states of Washington (end of 2012) and Oregon (end of 2014) we find, combining county-level difference-in-differences and spatial regression discontinuity designs, that the legalization of recreational marijuana caused a significant reduction of rapes and thefts on the Washington side of the border in 20...

75 FR 14596 - Family Violence Prevention and Services/Grants for Domestic Violence Shelters/Grants to Native...

Science.gov (United States)

2010-03-26

...This announcement governs the proposed award of formula grants under the Family Violence Prevention and Services Act (FVPSA) to Native American Tribes (including Alaska Native Villages) and Tribal organizations. The purpose of these grants is to assist Tribes in establishing, maintaining, and expanding programs and projects to prevent family violence and to provide immediate shelter and related assistance for victims of family violence and their dependents (42 U.S.C. 10401). This announcement sets forth the application requirements, the application process, and other administrative and fiscal requirements for grants in Fiscal Year (FY) 2010. Grantees are to be mindful that although the expenditure period for grants is a two-year period, an application is required every year to provide continuity in the provision of services. (See Section II. Award Information, Expenditure Periods.)

A computerized legal information management system | Ohiagu ...

African Journals Online (AJOL)

A computerized legal information management system. ... process through the filling system using the survey research methodology. ... A framework for the design and implementation of a legal information management system was presented.

Clarity Versus Accuracy and Objectivity in Written Legal English

Directory of Open Access Journals (Sweden)

Violeta Janulevičienė

2011-12-01

Full Text Available This paper is an attempt to analyse the most important grammatical and, specifically, syntactic features and to point out some prominent lexical ones, which aim at accuracy and objectivity of a written legal document, and to discuss how these features influence clarity and transparency of the legal documents. The study covers the analysis of some EU, UK, US legislative acts alongside with some extracts from contract samples. The analysis reveals that written legal English is distinguished by long compound sentences, often with inverted word order and numerous embeddings, passive constructions and nominalisations, specific use of personal pronouns and collocations of synonyms (doublets and triplets, etc. These means allow to achieve the most possible accuracy and objectivity in legal texts but make them complicated and difficult to comprehend at once. Formality, achieved by the mentioned means, makes legal English distant from everyday language and often becomes a reason for criticism. Plain English supporters encourage simplifying legal language; however, long traditions of legal English make changes slow and difficult. Therefore, comprehension and usage of legal English still requires special knowledge of its lexical and grammatical features.

" Canvas " and the Legal Business Model

Directory of Open Access Journals (Sweden)

Frederico de Andrade Gabrich

2016-06-01

Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.

[Competition between hospitals--from a legal perspective].

Science.gov (United States)

Bohle, Thomas

2009-01-01

Competition between hospitals exists in many different fields. In legal terms this competition is shaped by disputes over the status of "hospitals forming part of the Hospital Plan" (Plankrankenhaus). The German Federal Constitutional Court's ruling of January 14, 2004 granted hospital authorities the right of action for unfair competition. According to the Federal Administrative Court's ruling of September 25, 2008, however, third-party protection is limited to cases where the hospital filing the suit has itself unsuccessfully applied for inclusion in the state-level hospitals plan for the market segment served by the accepted hospital. In contrast, action that merely challenges an unfair preference of a competitor will remain inadmissible. Third-party protection between hospitals is also under way in the field of "Integrated Healthcare" (Integrierte Versorgung) (Sect. 140a et seqq. Book V of the German Social Security Code-SGB V): in the case of ECJ C-300/07 on December 16, 2008 (Oymanns/AOK Rheinland & Hamburg) the Advocate General in his final submissions not only expressed the opinion that the statutory health insurance funds are contract-placing authorities, but also argued that integration contracts are public orders. If the European Court of Justice (ECJ) takes the Advocate General's view, future integration contracts will become subject to the regulations governing public orders and thus also subject to the relevant verification procedure.

Sea surface temperatures and salinities from platforms in the Barents Sea, Sea of Japan, North Atlantic Ocean, Philippine Sea, Red Sea, and the South China Sea (Nan Hai) from 1896-1950 (NODC Accession 0000506)

Data.gov (United States)

National Oceanic and Atmospheric Administration, Department of Commerce — Surface temperatures and salinities were collected in the Barents Sea, Sea of Japan, North Atlantic Ocean, Philippine Sea, Red Sea, and South China Sea (Nan Hai)...

76 FR 72978 - Premier Trim, LLC, Spectrum Trim, LLC and Grant Products International, Inc. D/B/A Spectrum Grant...

Science.gov (United States)

2011-11-28

..., Spectrum Trim, LLC and Grant Products International, Inc. D/B/A Spectrum Grant De Mexico Including Workers Whose Unemployment Insurance (UI) Wages Are Paid Through Grant Products International, Inc... Brownsville, TX; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In...

4 CFR 83.18 - Rights of legal guardians.

Science.gov (United States)

2010-01-01

... 4 Accounts 1 2010-01-01 2010-01-01 false Rights of legal guardians. 83.18 Section 83.18 Accounts GOVERNMENT ACCOUNTABILITY OFFICE RECORDS PRIVACY PROCEDURES FOR PERSONNEL RECORDS § 83.18 Rights of legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual...

The Legal Regulation of Cybersecurity

OpenAIRE

Darius Štitilis

2013-01-01

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 regul...

25 CFR 23.51 - Grant carry-over authority.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Grant carry-over authority. 23.51 Section 23.51 Indians... Uniform Grant Administration Provisions and Requirements § 23.51 Grant carry-over authority. Unless... two years beyond the initial grant funding period and must be utilized only for the intent, purpose...

Observational analysis of air-sea fluxes and sea water temperature offshore South China Sea

Science.gov (United States)

Bi, X.; Huang, J.; Gao, Z.; Liu, Y.

2017-12-01

This paper investigates the air-sea fluxes (momentum flux, sensible heat flux and latent heat flux) from eddy covariance method based on data collected at an offshore observation tower in the South China Sea from January 2009 to December 2016 and sea water temperature (SWT) on six different levels based on data collected from November 2011 to June 2013. The depth of water at the tower over the sea averages about 15 m. This study presents the in-situ measurements of continuous air-sea fluxes and SWT at different depths. Seasonal and diurnal variations in air-sea fluxes and SWT on different depths are examined. Results show that air-sea fluxes and all SWT changed seasonally; sea-land breeze circulation appears all the year round. Unlike winters where SWT on different depths are fairly consistent, the difference between sea surface temperature (SST) and sea temperature at 10 m water depth fluctuates dramatically and the maximum value reaches 7 °C during summer.

Spanish legislation situation about sea water desalination; Situacion legal de las aguas desaladas en Espana

Energy Technology Data Exchange (ETDEWEB)

Gangas del Campo, A.B.; Lopez de Toledo y de la Maza, S.; Perez Clavijo, S.; Vizcaino Blanco, S.

2007-07-01

This report analyzes present-day Spanish legislation situation referring to water coming from sea water desalination. It describes the evolution of corresponding regulations and the changes that during last few years have taken place on them. These changes are due to both national and autonomic hydraulic policies, themselves conditioned and limited by actual hydric reality in the country. These waters, before considered as private, become now public by their inclusion in the present Water Law for the private use of hydraulic public domain. this lays out the in force settings to be developed in the new Regulations of Hydraulic Public Domain. (Author)

Cumulative and Synergistic Effects of Physical, Biological, and Acoustic Signals on Marine Mammal Habitat Use Physical Oceanography Component: Soundscapes Under Sea Ice: Can We Listen for Open Water?

Science.gov (United States)

2013-09-30

Physical, Biological, and Acoustic Signals on Marine Mammal Habitat Use Physical Oceanography Component: Soundscapes Under Sea Ice: Can we listen for... Soundscapes Under Sea Ice: Can we listen for open water? 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d...the source. These different sounds can be described as “ soundscapes ”, and graphically represented by comparing two or more features of the sound

FEMA Hazard Mitigation Grants Program Summary

Data.gov (United States)

Department of Homeland Security — The Hazard Mitigation Grant Program (HMGP, CFDA Number: 97.039) provides grants to States and local governments to implement long-term hazard mitigation measures...

38 CFR 61.40 - Special needs grants-general.

Science.gov (United States)

2010-07-01

... (CONTINUED) VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM § 61.40 Special needs grants—general. (a) VA provides special needs grants to capital grant and per diem recipients under this part to assist with... that would change significantly the scope of the project for which a capital grant or per diem was...

38 CFR 61.11 - Applications for capital grants.

Science.gov (United States)

2010-07-01

... (CONTINUED) VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM § 61.11 Applications for capital grants. (a) To apply for a capital grant, an applicant must obtain from VA a capital grant application package and... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Applications for capital...

The Impact of Legalized Abortion on Crime

OpenAIRE

John Donohue; Steven Levitt

2000-01-01

We offer evidence that legalized abortion has contributed significantly to recent crime reductions. Crime began to fall roughly 18 years after abortion legalization. The 5 states that allowed abortion in 1970 experienced declines earlier than the rest of the nation, which legalized in 1973 with Roe v. Wade. States with high abortion rates in the 1970s and 1980s experienced greater crime reductions in the 1990s. In high abortion states, only arrests of those born after abortion legaliz...

31 CFR 3.3 - Legal review.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any...

31 CFR 3.22 - Legal review.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims...

Traditional Festivals to Become Legal Holidays

Institute of Scientific and Technical Information of China (English)

无

2007-01-01

@@ As nearly everyone knows already,the state is going to rearrange the schedule of legal holidays. The four traditional Chinese festivals, inluding Mid-Autumn Day, Dragon Boat Festival,Tomb-Sweeping Day and Spring Festival Eve, will be made into legal holidays. As for the Golden Week system, should it be continued or canceled?

16 CFR 698.2 - Legal effect.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation rule...

Representation and Non-representation of Knowledge Mediation in Legal Contracts

DEFF Research Database (Denmark)

Larsen, Aase Voldgaard

takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult......In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... for the layman. Some legal experts, however, take these problems into account and mediate the legal knowledge that the layman is expected to be lacking in the wording of the legal contract. Using methods of text analysis, this paper explores the ways in which this is done. On the one hand, it is seen...

30 CFR 735.14 - Coverage of grants.

Science.gov (United States)

2010-07-01

... systems, including data processing systems; (6) A planning process including a data base and information... ADMINISTRATION AND ENFORCEMENT § 735.14 Coverage of grants. (a) Program development grants. An agency may use... the initial administration and enforcement grant to the extent not covered by indirect costs or other...

Nonbinding Legal Instruments in Governance for Global Health: Lessons from the Global AIDS Reporting Mechanism.

Science.gov (United States)

Taylor, Allyn; Alfvén, Tobias; Hougendobler, Daniel; Buse, Kent

2014-01-01

Recent debate over World Health Organization reform has included unprecedented attention to international lawmaking as a future priority function of the Organization. However, the debate is largely focused on the codification of new binding legal instruments. Drawing upon lessons from the success of the Global AIDS Reporting Mechanism, established pursuant to the United Nations' Declaration of Commitment on HIV/AIDS, we argue that effective global health governance requires consideration of a broad range of instruments, both binding and nonbinding. A detailed examination of the Global AIDS Reporting Mechanism reveals that the choice of the nonbinding format makes an important contribution to its effectiveness. For instance, the flexibility and adaptability of the nonbinding format have allowed the global community to: (1) undertake commitments in a timely manner; (2) adapt and experiment in the face of a dynamic pandemic; and (3) grant civil society an unparalleled role in monitoring and reporting on state implementation of global commitments. UNAIDS' institutional support has also played a vital role in ensuring the continuing effectiveness of the Global AIDS Reporting Mechanism. Overall, the experience of the Global AIDS Reporting Mechanism evidences that, at times, nimbler nonbinding instruments can offer benefits over slower, more rigid binding legal approaches to governance, but depend critically, like all instruments, on the perceived legitimacy thereof. © 2014 American Society of Law, Medicine & Ethics, Inc.

Chemical composition of sediments from White Sea, Russian Arctic

Science.gov (United States)

Gamza, Olga; Shevchenko, Vladimir; Novigatsky, Aleksandr

2010-05-01

and laboratory research of the White sea sediments. Work was being done under the auspices of Russian foundation of basic research (grants 09-05-10081, 09-05-00658 and 08-05-00860), RSA presidiums program of 17 fundamental researches (project 17.1). References: 1.Kuzmina T., Lein A., Lutchsheva L., Murdmaa I., Novigatsky A., Shevchenko V. Chemical composition of White Sea's sediments // Litology and mineral deposits . 2009. - № 2. - P 115-132. 2.Nevessky E., Medvedev V. , Kalinenko V. White sea, sedimentation and holocoen developmental history. - Moscow.: Nauka, 1977. - 236 p. 3.White Sea and it water collection affected by climatic and antropogenic factors. / under the editorship of Terzhevik A., Filatov N. - Petrozavodsk.: Karelsky nauchny centr RAN, 2007. - 335p

Withdrawal of ventilation at the patient's request in MND: a retrospective exploration of the ethical and legal issues that have arisen for doctors in the UK.

Science.gov (United States)

Phelps, Kay; Regen, Emma; Oliver, David; McDermott, Chris; Faull, Christina

2017-06-01

Ventilatory support has benefits including prolonging survival for respiratory failure in motor neurone disease (MND). At some point some patients may wish to stop the intervention. The National Institute of Health and Care Excellence (NICE) guidance recommends research is needed on ventilation withdrawal. There is little literature focusing on the issues doctors encounter when withdrawing ventilation at the request of a patient. To identify and explore with doctors the ethical and legal issues that they had encountered in the withdrawal of ventilation at the request of a patient with MND. A retrospective thematic analysis of interviews of 24 doctors (including palliative care, respiratory, neurology and general practice) regarding their experiences with withdrawal of ventilation support from patients with MND. Respondents found withdrawal of ventilation at the request of patients with MND to pose legal, ethical and moral challenges in five themes: ethical and legal rights to withdrawal from treatment; discussions with family; discussions with colleagues; experiences of legal advice; issues contributing to ethical complexity. Though clear about the legality of withdrawal of treatment in theory, the practice led to ethical and moral uncertainty and mixed feelings. Many respondents had experienced negative reactions from other healthcare professionals when these colleagues were unclear of the distinction between palliation of symptoms, withdrawal of treatment and assisted death. Legal, ethical and practical guidance is needed for professionals who support a patient with MND who wishes to withdraw from ventilation. Open discussion of the ethical challenges is needed as well as education and support for professionals. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

38 CFR 61.10 - Capital grants-general.

Science.gov (United States)

2010-07-01

...) VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM § 61.10 Capital grants—general. (a) VA provides capital grants to public or nonprofit private entities so they can assist homeless veterans by helping to... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Capital grants-general...

How reliable are forensic evaluations of legal sanity?

Science.gov (United States)

Gowensmith, W Neil; Murrie, Daniel C; Boccaccini, Marcus T

2013-04-01

When different clinicians evaluate the same criminal defendant's legal sanity, do they reach the same conclusion? Because Hawaii law requires multiple, independent evaluations when questions about legal sanity arise, Hawaii allows for the first contemporary study of the reliability of legal sanity opinions in routine practice in the United States. We examined 483 evaluation reports, addressing 165 criminal defendants, in which up to three forensic psychiatrists or psychologists offered independent opinions on a defendant's legal sanity. Evaluators reached unanimous agreement regarding legal sanity in only 55.1% of cases. Evaluators tended to disagree more often when a defendant was under the influence of drugs or alcohol at the time of the offense. But evaluators tended to agree more often when they agreed about diagnosing a psychotic disorder, or when the defendant had been psychiatrically hospitalized shortly before the offense. In court, judges followed the majority opinion among evaluators in 91% of cases. But when judges disagreed with the majority opinion, they usually did so to find defendants legally sane, rather than insane. Overall, this study indicates that reliability among practicing forensic evaluators addressing legal sanity may be poorer than the field has tended to assume. Although agreement appears more likely in some cases than others, the frequent disagreements suggest a need for improved training and practice.

Abortion Legalization and Life-Cycle Fertility

Science.gov (United States)

Ananat, Elizabeth Oltmans; Gruber, Jonathan; Levine, Phillip

2007-01-01

The early-1970s abortion legalization led to a significant drop in fertility. We investigate whether this decline represented a delay in births or a permanent reduction in fertility. We combine Census and Vital Statistics data to compare the lifetime fertility of women born in early-legalizing states, whose peak childbearing years occurred in the…

Prohibition as ontological basis of the Russian legal reality

Directory of Open Access Journals (Sweden)

Andrey V. Skorobogatov

2016-09-01

Full Text Available Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia. nbsp Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods comparative hermeneutic discursive. Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions.

Attitudes Toward Medical Cannabis Legalization Among Serbian Medical Students.

Science.gov (United States)

Vujcic, Isidora; Pavlovic, Aleksandar; Dubljanin, Eleonora; Maksimovic, Jadranka; Nikolic, Aleksandra; Sipetic-Grujicic, Sandra

2017-07-29

Currently, medical cannabis polices are experiencing rapid changes, and an increasing number of nations around the world legalize medical cannabis for certain groups of patients, including those in Serbia. To determine medical students' attitudes toward medical cannabis legalization and to examine the factors influencing their attitudes. Fourth-year medical students at the Faculty of Medicine, University of Belgrade, had participated in a cross-sectional study. Data were collected by an anonymous questionnaire. Overall, 63.4% students supported medical cannabis legalization, and only 20.8% supported its legalization for recreational use. Students who previously used marijuana (p medical cannabis legalization compared with students who never used them. Support for marijuana recreational use was also related to prior marijuana (p cancer (90.4%) and chronic pain (74.2%) were correctly reported approved medical indications by more than half the students. Students who supported medical cannabis legalization showed better knowledge about indications, in contrast to opponents for legalization who showed better knowledge about side effects. Beliefs that using medical cannabis is safe and has health benefits were correlated with support for legalization, and previous marijuana and alcohol use, while beliefs that medical cannabis poses health risks correlated most strongly with previous marijuana use. Conclusions/Importance: The medical students' attitudes toward medical cannabis legalization were significantly correlated with previous use of marijuana and alcohol, knowledge about medical indications and side effects, and their beliefs regarding medical cannabis health benefits and risks.

Infidelity and the Possibility of a Liberal Legal Moralism

DEFF Research Database (Denmark)

Thaysen, Jens Damgaard

2017-01-01

This paper argues that according to the influential version of legal moralism presented by Moore infidelity should all-things-considered be criminalized. This is interesting because criminalizing infidelity is bound to be highly controversial and because Moore’s legal moralism is a prime example...... of a self-consciously liberal legal moralism, which aims to yield legislative implications that are quite similar to liberalism, while maintaining that morality as such should be legally enforced. Moore tries to make his theory yield such implications, first by claiming that the scope of our moral...... obligations is much more limited than legal moralists have traditionally claimed, and second by allowing for the possibility that the goodness of legally enforcing morality is often outweighed by the badness of limiting citizens’ morally valuable autonomy and spending scarce resources on enforcement. If Moore...

Legal Change and Stigma in Surrogacy and Abortion.

Science.gov (United States)

Robertson, John A

2015-01-01

Stigma marks both surrogacy and abortion. Legal change lessens stigma but may not remove it altogether. Post-legalization regulation may reinstall stigma by surrounding a legalized practice with barriers that make exercise of that right more difficult. As a result, law may reenact stigma even as it purports to take it away. © 2015 American Society of Law, Medicine & Ethics, Inc.

21 CFR 21.75 - Rights of legal guardians.

Science.gov (United States)

2010-04-01

... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Rights of legal guardians. 21.75 Section 21.75... Individual § 21.75 Rights of legal guardians. For the purposes of this part, the parent of any individual who is a minor or the legal guardian of any individual who has been declared to be incompetent due to...

Taking Soft Skills for Granted?

Science.gov (United States)

Dutton, Gail

2012-01-01

The U.S. Department of Labor will award a total of $2 billion over the next four years through the Trade Adjustment Assistance Community College and Career Training Grant Program. Grants will support the development and improvement of postsecondary programs of two years or less that use evidence-based or innovative strategies to prepare students…

Do vehicle grants and vehicle adaptations grants promote transport mobility and community access for children with disabilities in Sweden?

Science.gov (United States)

Sjödin, Linda; Buchanan, Angus; Mundt, Beate; Karlsson, Emelie; Falkmer, Torbjörn

2012-02-01

A vast majority of the journeys made by children with disabilities in Sweden are in the family car, which usually is bought and adapted for the child with governmental subsidies. Despite the important philosophical views about accessible vehicles, little is known about the impact of vehicle adaptations on families' lives. The aim of the study was to investigate parent views about the impact of vehicle grants and vehicle adaptation grants on their children's transport mobility and community access. In total, 434 parents of children with disabilities in Sweden who had received vehicle grants and/or vehicle adaptation grants between 1998-2007 responded to a questionnaire comprising questions with both pre-selected and open-ended answers. A non-responder analysis was performed. Children with disabilities were found to increase their transport mobility and community access in society as vehicle grants and/or vehicle adaptation grants were given to their parents. Their travel patterns and their travel priorities with their family car indicated that family friends and relatives and leisure activities were frequently visited and prioritised destinations. The grants were linked to access to social and family activities, provided environmental gains and led to increased experienced security. The results also showed that the potential to make spontaneous trips had increased substantially and that families experienced feelings of freedom and enhanced community access. The non-responder analysis confirmed these results. According to parents, vehicle grants and vehicle adaptation grants for children with disabilities have a positive impact on the children's transport mobility and community access. © 2011 The Authors. Australian Occupational Therapy Journal © 2011 Occupational Therapy Australia.

Conceptual Analysis of Causation in Legal Discourse

Czech Academy of Sciences Publication Activity Database

Doležal, Adam; Doležal, Tomáš

2014-01-01

Roč. 10, č. 7 (2014), s. 53-70 ISSN 1857-7881 Institutional support: RVO:68378122 Keywords : causation * tort law * legal liability Subject RIV: AG - Legal Sciences http://www.eujournal.org/index.php/esj/article/view/2968

Senior Legal Counsel | IDRC - International Development Research ...

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

Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

Legal pluralism and social justice in economic and political development

NARCIS (Netherlands)

Benda-Beckmann, von F.

2001-01-01

Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a

16 CFR 600.2 - Legal effect.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or regulations, and, as provided in § 1.73 of the Commission's rules, they do not have the force or effect of...

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

7 CFR 1776.12 - Use of HWWS grant proceeds.

Science.gov (United States)

2010-01-01

... recipient may not use grant funds in any manner inconsistent with the terms of the grant agreement. ... eligible individuals. (b) A grant recipient may use HWWS grant funds to pay administrative expenses...

Legal Knowledge as a Tool for Social Change

Science.gov (United States)

González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

2017-01-01

Abstract In May 2006, Colombia’s Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman’s health or life; and (3) fetal malformations incompatible with life. Immediately following the court’s ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision’s implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa’s strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a “pedagogical effect” insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa’s choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge. PMID:28630545

Indonesian legal framework to support innovation sustainability

Science.gov (United States)

Pratama, Bambang

2018-03-01

The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

Parents Representations of the Legal Socialization of Children

Directory of Open Access Journals (Sweden)

Kalashnikova A.S.,

2014-11-01

Full Text Available Insufficient knowledge about the impact of parental education on the development strategies of justice of children and adolescents in destabilizing the social conditions of modern society determines the relevance of the author's work. The study involved 64 subjects (39 women and 25 men aged 24 to 48 years, with minor children, including 30 subjects with a harmonious style of parenting and 34 - with disharmonious style. We used a questionnaire "Analysis of family relationships" (E.G. Eidemiller, V.V. Yustitskis, a technique of studying legal awareness of J. Tapp and F. Levine, as well as specially designed questionnaires, aimed at studying the cognitive (knowledge of parents about legal socialization and behavioral (conversations on topics of law, reinforcement and punishment of right and wrong actions, monitoring of performance, personal example components of legal socialization. We obtained new empirical evidence on the relation between the features of legal socialization of children and parent-child relationship, clarified the role of the individual types of parental attitudes in the formation of the legal socialization of children, revealed the factors of parental attitudes that hinder and facilitate the process of legal socialization of children

DOE/Industry Matching Grant Program

International Nuclear Information System (INIS)

Lee, John C.

2003-01-01

For the academic year 2001-2002, the Department of Nuclear Engineering and Radiological Sciences received $50,000 of industrial contributions, matched by a DOE grant of $35,000. We used the combined DOE/Industry Matching Grant of $85,000 toward (a) undergraduate merit scholarships and research support, (b) graduate student support, and (c) partial support of a research scientist

22 CFR 92.85 - Service of legal process usually prohibited.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process usually prohibited. 92... RELATED SERVICES Quasi-Legal Services § 92.85 Service of legal process usually prohibited. The service of process and legal papers is not normally a Foreign Service function. Except when directed by the...

Building the South African Nation through Legal Deposit: The Impact ...

African Journals Online (AJOL)

The legal deposit of and preservation of digital materials depends on the proper legislative framework and implementation of the Legal Deposit Act. This article examines the challenges related to legal instruments affecting the legal deposit of digital materials in South Africa. Two main objectives of the study upon which this ...

LEGAL STATUS OF WARSHIP WRECKS FROM WORLD WAR II IN INDONESIAN TERRITORIAL WATERS (INCIDENT OF H.M.A.S. PERTH COMMERCIAL SALVAGING

Directory of Open Access Journals (Sweden)

Senada Meskin

2015-12-01

Full Text Available Second World War was one of the most devastating experiences that World as a whole had to endure. The war left so many issues unhandled, one such issue is the theme of this thesis, and that is to analyze legal regime that is governing sunken warships. Status of warship still in service is protected by international law and national law of flag State, stipulating that warships are entitled on sovereign immunity. The question rises whether or not such sovereign immunity status follows warship wreck? Contemporary international law regulates very little considering ‘sovereign wrecks’, but customary international law, municipal court decisions and State practices are addressing issue quite profoundly, stating that even the warship is no longer in service it is still entitled on sovereign immunity status. HMAS Perth is Australian owned warship whose wreck current location is within Indonesian Territorial Sea. Recent reports show that commercial salvaging has been done, provoking outrage amongst surviving HMAS Perth’s naval personnel and Australian historians. In order to acquire clear stand point on issue of Sovereign Wrecks legal status, especially of HMAS Perth’s wreck, an in-depth analysis of legal material is necessary. Keywords: Territorial Waters, Warship, Warship Wreck, Salvage

The distribution and diversity of sea cucumbers in the coral reefs of the South China Sea, Sulu Sea and Sulawesi Sea

Science.gov (United States)

Woo, Sau Pinn; Yasin, Zulfigar; Ismail, Siti Hasmah; Tan, Shau Hwai

2013-11-01

A study on the distribution and diversity of sea cucumbers in the coral reefs of the South China Sea, Sulu Sea and Sulawesi Sea was carried out in July 2009. The survey was done using wandering transect underwater with SCUBA. Twelve species of sea cucumber were found from four different families and nine genera. The most dominant family was Holothuriidae (five species), followed by Stichopodidae (three species), Synaptidae (three species) and Cucumariidae with only one species. The most dominant species found around the island was Pearsonothuria graffei, which can be found abundantly on substrate of dead corals in a wide range of depth (6-15 m). The Sulawesi Sea showed a higher diversity of sea cucumber with seven different species compared to the South China Sea with only six different species and Sulu Sea with only two species. Ordination by multidimensional scaling of Bray-Curtis similarities clustered the sampling locations to three main clusters with two outgroups. Previous studies done indicated a higher diversity of sea cucumber as compared to this study. This can be indication that the population and diversity of sea cucumbers in the reef is under threat.

Expectancy and Professional Norms in Legal Translation

DEFF Research Database (Denmark)

Faber, Dorrit; Hjort-Pedersen, Mette

2013-01-01

. These parameters focus on the degree to which the use of explicitation and implicitation is considered to influence meaning transfer, authentic English legal language and style, and the informative function of the translation in a defined translational situation. Based on Chesterman’s categorization of norms...... perceived norms influence the use of explicitation and implicitation. The findings are based on experiments involving Danish translators and legal experts who were asked to evaluate three different translations into English of the same Danish legal source text on a set of defined parameters...

CONSIDERATIONS REGARDING THE INTERPRETATION OF LEGAL NORM

Directory of Open Access Journals (Sweden)

Camelia IGNĂTESCU

2013-12-01

Full Text Available The legal norm represents an intellectual creation of the legislator. It is expressed in legal language, according to certain rules of preparation, respecting the grammar rules specific to the language in which it is drawn up, as well as the legislative technique. The final result, thought out and wanted by the author, must be understood in direct relation to his intention. Interpretation of the law concerns the particular significance of the general form and the cognitive value of the information, of grammatical construction that expresses the legal norm.

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.

Brownfields Grants Information

Data.gov (United States)

U.S. Environmental Protection Agency — This asset includes all types of information regarding Brownfields grant programs that subsidize/support Brownfield cleanup. This includes EPA's Brownfields Program...

Enhancing public access to legal information : A proposal for a new official legal information generic top-level domain

NARCIS (Netherlands)

Mitee, Leesi Ebenezer

2017-01-01

Abstract: This article examines the use of a new legal information generic Top-Level Domain (gTLD) as a viable tool for easy identification of official legal information websites (OLIWs) and enhancing global public access to their resources. This intervention is necessary because of the existence of

Network management in motion. Part 6. Socket at sea requires attention; Netbeheer in beweging. Deel 5. Stopcontact op zee vereist aandacht

Energy Technology Data Exchange (ETDEWEB)

Van Beuge, M. [Energiegroep Simmons and Simmons, Rotterdam (Netherlands)

2010-10-15

In a series of articles various legal aspects of network management are discussed from a European and a Dutch perspective. In this sixth part the option to install so-called sockets at sea. [Dutch] In een serie artikelen worden diverse juridische aspecten van netbeheer besproken vanuit Europees en Nederlands perspectief. In deel 6 wordt de mogelijkheid besproken van het aanleggen van de zogenaamde stopcontacten op zee.

22 CFR 92.89 - Fees for service of legal process.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Fees for service of legal process. 92.89 Section 92.89 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.89 Fees for service of legal process. No charge should be made for...

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

The impact of cuts in legal aid funding on charities.

Science.gov (United States)

Morris, Debra; Barr, Warren

2013-03-01

This article focusses on the specific impact of the cuts in legal aid funding on the charitable sector. The sector plays a significant role in advice giving. Some charities have the provision of legal advice as their sole purpose, whilst the work of other charities includes the giving of legal advice. Funding comes via a number of sources including legal aid, local authorities and charitable trusts. Whilst this volume highlights the legal aid reforms that will lead to significant cuts in funding, this article notes that charitable providers of legal advice have also suffered major cuts from their other traditional funding sources. Against this background, the article considers the serious and often unforeseen consequences for charities of the legal aid reforms, which go far beyond the impact on the high street law firm and access to justice for claimants.

Managing dredged material in the coastal zone of the Baltic Sea.

Science.gov (United States)

Staniszewska, Marta; Boniecka, Helena

2017-01-01

This article deals with the legal and practical recommendations for the management of dredged material in the riparian countries of the Baltic Sea. The recommendations are contained in three conventions: LC, 2000. London Convention (1972), Convention on the Protection of the Marine Environment of the Baltic Sea area (Helsinki Convention) (1992), the OSPAR Convention (1972). Different approaches to evaluating the contamination level of dredge spoils, used by the Baltic Sea riparian countries, have been characterized. The differences in those approaches manifest themselves by various concentration limits for contaminants, which form a basis for the classification of dredged material as either contaminated or non-contaminated, and thus determine how the spoils will be processed further. Based on the collected information about the concentration limits for contaminants of surface sediments in the coastal ports, it was pointed out that it is necessary to conduct routine monitoring of heavy metals, polycyclic aromatic hydrocarbons, polychlorinated biphenyls, tributyltin, and petroleum hydrocarbons in dredged sediments in all the Baltic Sea states. On the other hand, the monitoring of polychlorinated dibenzo-p-dioxins/furans, organochlorine, and organophosphoric pesticides is only needed in locations that are suspected of historical or being the local contamination sources. Due to significant economic limitations of chemical determinations, it is important to consider a simple screening test of sediment that would say whether sediment may be "contaminated" and qualifies for more detailed and costly chemical research. It may be typical basic physical-chemical analysis of sediments or ecotoxicological classification of sediments.Despite environmentally friendly tendencies, the practical application of dredged material within the Baltic Sea area is very limited. Dredged material is most frequently stored at the specifically designated sites. From among the practical uses of

Piercing and tattoos in adolescents: legal and medico-legal implications

Directory of Open Access Journals (Sweden)

Conti Adelaide

2018-04-01

Full Text Available Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents.

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.

US EPA CARE Grants/IGD: PERF_COMMUN_GRANTS_INT_MV

Data.gov (United States)

U.S. Environmental Protection Agency — This is a provisional dataset that contains point locations for the subset of Community Action for a Renewed Environment (CARE) grants given out by the US EPA. CARE...

US EPA EJ Grants/IGD: PERF_EJ_GRANTS_INT_MV

Data.gov (United States)

U.S. Environmental Protection Agency — This is a provisional dataset that contains point locations for all Environmental Justice (EJ) grants given out by the US EPA. There are many limitations to the data...

Microplastics in the Baltic Sea water: fibers everywhere.

Science.gov (United States)

Khatmullina, Lilia; Bagaev, Andrey; Chubarenko, Irina

2017-04-01

Presence of thin synthetic fibres (microfibres, tens of micrometres in diameter) in the surface waters and sediments is documented in different studies; however, the data on their exact abundances in the marine environment are commonly not presented owing to the shortcomings of the sampling procedure and general absence of well-established methodology for microplastics data collection. Nevertheless, we made an attempt to qualitatively analyse the amounts of microplastic fibres in the water column of the Baltic Sea. Water samples acquired during 6 cruises over the Baltic Sea Proper in 2015-2016 were filtered using 174 μm filters, which were subsequently analysed by microscope. From the total of 95 examined filters, 63% contained fibres. They were identified by colour and the reaction to the mechanical action of a thin needle: justification of anthropogenic origin was considered to be enough; any questionable objects were discarded. Fibres comprise more than 90% of the whole microplastic particles found in the near-bottom layers in the coastal zone and around 24% of microplastics in the surface and intermediate waters, with mean concentrations of 0.71 and 0.07 fibres per litre, respectively. Although the methodology still requires a lot of enhancement, even the preliminary results indicate ubiquitous distribution of the microfibres in the water column of the Baltic Sea with surface and bottom layers revealing higher abundances of microfibres in comparison with intermediate layers, and open-sea waters being less contaminated than the coastal ones. Apart from enhancing the sampling technics, we consider that it is crucial to understand principal physical features of fibers behavior in the marine environment (e.g., settling, entrainment by currents), as it would provide an opportunity to parameterize their transport and further on to model distribution of fibers in the water column. The research is supported by the Russian Science Foundation grant number 15-17-10020.

Grant Administrator | IDRC - International Development Research ...

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

Job Summary A Grant Administrator is responsible to provide financial and ... and financial aspects of the project, as well as, country and institutional risks are ... and financial project data in the grants and project management system of IDRC.

Grant Application Development, Submission, Review, & Award

Science.gov (United States)

This infographic shows the National Cancer Institute general timeline progression through Grant Application Development, Submission, Review, and Award Infographic. In the first month, Applicant prepares and submits Grant Application to Grants.gov in response to FOA. In month two, The Center for Scientific Review (CSR) assigns applications that fall under the category of R01s, etc. to a Scientific Review Group (SRG) or the CSR assigns applications that fall under the category of Program Projects and Center Grants to NCI Division of Extramural Activities (DEA). Months four through five: First-level review by Scientific Review Group (SRG) for Scientific Merit: SRG assigns Impact Scores. Month five Summary Sstatements are prepared and are available to NCI Program staff and applicants. Month six, second-level review by National Cancer Advisory board (NCAB) for NCI Funding determination begins. NCAB makes recommendation to NCI Director, NCI develops funding plan, Applications selected for Funding, “Paylists” forwarded to Office of Grant Administration (OGA). Month ten, Award Negotiations and Issuance: Award issued, Award received by Institution, and Investigator begins work. www.cancer.gov Icons made by Freepik from http://www.flaticon.com is licensed by CC BY3.0

32 CFR 727.6 - Functions of legal assistance officers.

Science.gov (United States)

2010-07-01

... another party or his lawyer, and prepare all types of legal documents, including pleadings, as are... Act of 1964 and pertinent Navy instructions. (b) Nature of assistance. Legal assistance officers and... problems, business ventures, or matters that are not of a personal nature. Legal assistance duties are...

77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations

Science.gov (United States)

2012-03-02

... DEPARTMENT OF ENERGY 10 CFR Part 719 48 Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... rulemaking (NOPR) to revise existing regulations covering contractor legal management requirements and make... relating to the DOE notice of proposed rulemaking to revise existing regulations covering contractor legal...

UBERTRUST: How Uber Represents Itself to Its Customers Through its Legal and Non-Legal Documents

OpenAIRE

Noto La Diega, Guido; Jacovella, Luce

2016-01-01

This paper examines some of the key factors that contribute to build or erode users’ trust in a platform-based service such as the one provided by Uber Technologies Inc. As clarified by the European Commission, the future Internet cannot succeed without trust of online platforms’ users. The paper explores Uber’s web of relationships with different categories of users, i.e., ‘driver-partners’, ‘riders’, ‘developers’ and ‘business users’ through Uber’s legal and non-legal representations. By an...

European New Legal Realism and International Law:

DEFF Research Database (Denmark)

Holtermann, Jakob v. H.; Madsen, Mikael Rask

2015-01-01

complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...

The Reach and Limits of Legal Education.

Science.gov (United States)

Schwartz, Murray L.

1982-01-01

Recent studies of the state of legal education and the practice of law are criticized, and legal education is found to be healthy. Practical and professional responsibility training is recommended for post-law school training rather than in the classical curriculum. (MSE)

Legal institutions, strategic default, and stock returns

NARCIS (Netherlands)

Favara, G.; Schroth, E.; Valta, P.

2008-01-01

This paper studies the impact of legal institutions on stock returns. More specifically, we examine how differences in debt enforcement and creditor protection around the world affect stock returns of individual firms. We hypothesize that if legal institutions prevent shareholders from engaging in

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)

Implications of Marijuana Legalization for Adolescent Substance Use

OpenAIRE

Hopfer, Christian

2014-01-01

Marijuana that is legally available for adults has multiple implications for adolescent substance use. One potential effect that legalization may have is an increase in adolescent use to due increased availability, greater social acceptance, and possibly lower prices. Legalization may also facilitate the introduction of new formulations of marijuana (edible, vaporized) and with potentially higher potencies. It is unknown what adolescent consumption patterns will be if marijuana is widely avai...

Variational data assimilation system "INM RAS - Black Sea"

Science.gov (United States)

Parmuzin, Eugene; Agoshkov, Valery; Assovskiy, Maksim; Giniatulin, Sergey; Zakharova, Natalia; Kuimov, Grigory; Fomin, Vladimir

2013-04-01

Development of Informational-Computational Systems (ICS) for Data Assimilation Procedures is one of multidisciplinary problems. To study and solve these problems one needs to apply modern results from different disciplines and recent developments in: mathematical modeling; theory of adjoint equations and optimal control; inverse problems; numerical methods theory; numerical algebra and scientific computing. The problems discussed above are studied in the Institute of Numerical Mathematics of the Russian Academy of Science (INM RAS) in ICS for Personal Computers (PC). Special problems and questions arise while effective ICS versions for PC are being developed. These problems and questions can be solved with applying modern methods of numerical mathematics and by solving "parallelism problem" using OpenMP technology and special linear algebra packages. In this work the results on the ICS development for PC-ICS "INM RAS - Black Sea" are presented. In the work the following problems and questions are discussed: practical problems that can be studied by ICS; parallelism problems and their solutions with applying of OpenMP technology and the linear algebra packages used in ICS "INM - Black Sea"; Interface of ICS. The results of ICS "INM RAS - Black Sea" testing are presented. Efficiency of technologies and methods applied are discussed. The work was supported by RFBR, grants No. 13-01-00753, 13-05-00715 and by The Ministry of education and science of Russian Federation, project 8291, project 11.519.11.1005 References: [1] V.I. Agoshkov, M.V. Assovskii, S.A. Lebedev, Numerical simulation of Black Sea hydrothermodynamics taking into account tide-forming forces. Russ. J. Numer. Anal. Math. Modelling (2012) 27, No.1, 5-31 [2] E.I. Parmuzin, V.I. Agoshkov, Numerical solution of the variational assimilation problem for sea surface temperature in the model of the Black Sea dynamics. Russ. J. Numer. Anal. Math. Modelling (2012) 27, No.1, 69-94 [3] V.B. Zalesny, N.A. Diansky, V

76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations

Science.gov (United States)

2011-12-28

... DEPARTMENT OF ENERGY 10 CFR Part 719 48 CFR Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... Energy (DOE or Department) is proposing to revise existing regulations covering contractor legal... costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained...

Zambia - Innovation Grants

Data.gov (United States)

Millennium Challenge Corporation — The performance evaluation of the IGP is structured according to five phases of IGP implementation that we have identified for each grant cycle: start-up, selection,...

Cannabis use and support for cannabis legalization

NARCIS (Netherlands)

Palali, Ali; van Ours, Jan

2017-01-01

We investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of

Feeding characteristics of sheep ( Ovis aries ) and Grant\\'s gazelles ...

African Journals Online (AJOL)

, neutral detergent fibre, acid detergent fibre, cellulose, lignin and in vitro dry matter digestibility. Sheep were predominantly grazers during both the dry and wet season while Grant's gazelles were mixed feeders, with a higher consumption of ...

INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

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Yuniarti Yuniarti

2014-09-01

Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.

Review of: Legal practice and cultural diversity

DEFF Research Database (Denmark)

Vinding, Niels Valdemar

2010-01-01

This anthology comprises contributions from a conference on legal practice and cultural diversity held in London in July 2007, but the editors take their cue from the speech made in February 2008 by the Archbishop of Canterbury, Dr Rowan Williams. The questions central to the book are the same...... that arose after the speech by the Archbishop: whether or to what extent cultural difference should be recognized by legal systems. Legal practice and cultural diversity, edited by Ralph Grillo, Roger Ballard, Alessandro Ferrari, Andre´ J. Hoekema, Marcel Maussen, and Prakash Shah, Farnham, UK, Ashgate, 2009...

Legal protection of land from pollution

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Petrović Zdravko

2014-01-01

Full Text Available Situated in the study conducted in this paper, using the method of analysis of contents, induction and deduction, historical and legal dogmatic indicated that ecology as their object of legal protection has three global natural values: air, water, land, and atmosphere, hydrosphere and lithosphere as constituent elements of the biosphere. Land as a special natural product comprises a solid layer of the Earth that is specific to the biosphere. The importance of land from the perspective of sustainable development is multifaceted, especially when seen through its environmental, industrial, manufacturing, socio-economic, educational, scientific, cultural, historical and any other useful functions. Its most important function is to fertility and the ability to flora supplying water, oxygen and mineral substances. Natural processes that led to the creation of land argue the view that it belongs to the so-called renewable resources, but only if it's a man rational use and encourages their natural reproduction. In accordance with current legislation and categorization of land, this survey includes agricultural land. In this paper, we have opted for ecological and legal land protection as one of the most important natural resources whose quality and extent of a very significant impact on the environment as a whole. The introductory part of the paper included a terminological demarcation and specificity of the case study of environmental law, as well as the possible forms of soil pollution. Methodological framework of research, using the method of content analysis of existing domestic and international legal legislation, method comparison and synthesis were studied legal documents that protect the land from pollution.

ERRORS AND DIFFICULTIES IN TRANSLATING LEGAL TEXTS

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Camelia, CHIRILA

2014-11-01

Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.

Physician-assisted suicide: the legal slippery slope.

Science.gov (United States)

Walker, R M

2001-01-01

In Oregon, physicians can prescribe lethal amounts of medication only if requested by competent, terminally ill patients. However, the possibility of extending the practice to patients who lack decisional capacity exists. This paper examines why the legal extension of physician-assisted suicide (PAS) to incapacitated patients is possible, and perhaps likely. The author reviews several pivotal court cases that have served to define the distinctions and legalities among "right-to-die" cases and the various forms of euthanasia and PAS. Significant public support exists for legalizing PAS and voluntary euthanasia in the United States. The only defenses against sliding from PAS to voluntary euthanasia are adhering to traditional physician morality that stands against it and keeping the issue of voluntary euthanasia legally framed as homicide. However, if voluntary euthanasia evolves euphemistically as a medical choice issue, then the possibility of its legalization exists. If courts allow PAS to be framed as a basic personal right akin to the right to refuse treatment, and if they rely on right-to-die case precedents, then they will likely extend PAS to voluntary euthanasia and nonvoluntary euthanasia. This would be done by extending the right to PAS to incapacitated patients, who may or may not have expressed a choice for PAS prior to incapacity.

Economic and Legal Aspects of Electronic Money

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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.

Legal regime of human activities in outer space law

Science.gov (United States)

Golda, Carlo

1994-01-01

Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

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 ...

Legal regulation of protection of animals against cruelty

OpenAIRE

Spurná, Jana

2006-01-01

Diploma thesis: Legal regulation of protection of animals against cruelty This diploma thesis deals with national and transnational legal regulation of the protection of animals against cruelty. It comprises of four chapters. First chapter concerns ethical grounds of given issue and it provides analysis of term "animal welfare". Second chapter contains the most significant transnational legal rules of the protection of animals against cruelty adopted within the Council of Europe or the Europe...

A reformed global legal architecture for corporate responsibility

OpenAIRE

Turner, Stephen J.

2014-01-01

This paper considers key features within the legal architecture of all jurisdictions that utilise the ‘corporation’ as a primary medium for business enterprise. Therefore it highlights the legal frameworks under which ‘corporations’ operate and the pressure that this places upon corporate directors to achieve specific financial outcomes. It then illustrates how this legal architecture can have certain negative effects for other stakeholders such as the environment and communities. The pape...

Welfare Financing : Grant Allocation and Efficiency

NARCIS (Netherlands)

Toolsema, L.A.; Allers, Maarten A.

Welfare is often administered locally, but financed through grants from the central government. This raises the question how the central government can prevent local governments from spending more than necessary. We analyze block grants used in The Netherlands, which depend on exogenous spending

The legacy of legal culture and Serbia's European integration

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Kovačević Slaviša

2014-01-01

Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

Characteristics of illegal and legal cigarette packs sold in Guatemala.

Science.gov (United States)

Arevalo, Rodrigo; Corral, Juan E; Monzon, Diego; Yoon, Mira; Barnoya, Joaquin

2016-11-25

Guatemala, as a party to the Framework Convention on Tobacco Control (FCTC), is required to regulate cigarette packaging and labeling and eliminate illicit tobacco trade. Current packaging and labeling characteristics (of legal and illegal cigarettes) and their compliance with the FCTC is unknown. We sought to analyze package and label characteristics of illegal and legal cigarettes sold in Guatemala. We visited the 22 largest traditional markets in the country to purchase illegal cigarettes. All brands registered on tobacco industry websites were purchased as legal cigarettes. Analysis compared labeling characteristics of illegal and legal packs. Most (95%) markets and street vendors sold illegal cigarettes; 104 packs were purchased (79 illegal and 25 legal). Ten percent of illegal and none of the legal packs had misleading terms. Half of the illegal packs had a warning label covering 26 to 50% of the pack surface. All legal packs had a label covering 25% of the surface. Illegal packs were more likely to have information on constituents and emissions (85% vs. 45%, p Guatemala, neither illegal nor legal cigarette packs comply with FCTC labeling mandates. Urgent implementation and enforcement of the FCTC is necessary to halt the tobacco epidemic.