WorldWideScience

Sample records for states environmental laws

  1. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  2. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

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

  3. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

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

  4. Environmental law

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1989-01-01

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

  5. Origins and framework of environmental law in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Robinson, N A

    1975-11-01

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

  6. Environmental Law

    National Research Council Canada - National Science Library

    2001-01-01

    Contains information on the National Environmental Policy Act, the Clean Water Act, the Clean Air Act, the Endangered Species Act, the Comprehensive Environmental Response, Compensation, and Liability...

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

    Energy Technology Data Exchange (ETDEWEB)

    Sautter, John A.

    2010-10-15

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

  8. Environmental Law

    Science.gov (United States)

    2002-06-01

    district engineer, or the Chief of Engineers. But see United States v. Mango , No. 96-CR-327, 1998 WL 106238 (N.D.N.Y. Mar. 5, 1998) (a dredge and...Section 9 of the ESA prohibits a wide range of conduct deemed threatening to species, including importing, exporting , removing, taking, damaging... exporting listed species). C. "Citizen suits" can also be brought against a federal agency for violations of the ESA. V-24 1. Under the ESA, "any person

  9. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1991-01-01

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

  10. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  11. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1988-01-01

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

  12. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1989-01-01

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

  13. Outlines of environmental Law

    International Nuclear Information System (INIS)

    Salzwedel, J.

    1982-01-01

    In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de

  14. Changes in environmental law

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics. (orig.) [de

  15. Environmental law in change

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    This study describes the process of change of environmental protection law taking place during an ecological crisis and unter the increasing pressure of the ecological movement. Special analyses refer to the reform of the licensing procedures and prodecures of dispute under environmental protection law today being in the focus of juridical discussion. Furthermore they refer to the juridical implementation of the fundamental right of life in an unspoiled and healthy environment. The volume ends with a study on ''Nuclear energy, law and justice'', - a subject being topical and important for its broad political consequences on environment, energy and economy. (orig.) [de

  16. Evolving impact of environmental laws on cross-border power between Mexico and the United States

    International Nuclear Information System (INIS)

    Barron, J.

    2005-01-01

    There has been a growing concern among some United States (US) residents that the increasing number of merchant power plants planned for the Mexican side of the US/Mexican border could contribute to increased air pollution and the misuse of finite water resources in the border region. The case of Border Power Plant Working Group v. DOE, et al. is examined in this paper, providing a focus for a discussion of the border region's future as US merchant power producers continue to position themselves to provide electricity in California. One of the factors in the push to develop power generation on the Mexican side of the border was California's electricity crisis of 2000-2001, and plans have been drawn up to build 22 plants between Mexicali and Ciudad Juarez. A history of the Border Power Plant Working Group (BPPWG) was presented, along with details of the government's granting of permits for the power plants after environmental assessments. By suing the government BPPWG hoped to set a standard for future power plant development in the area. The lawsuit addressed the following 4 primary concerns: air emissions; emission offsets; water cooling; and wastewater discharge. BPPWG aimed to achieve the 3 following results: protective legislation in the 4 U.S. border states that would preclude the use of massive amounts of water in border power plant cooling systems; a critical area designation with pollution limits set low enough to require catalytic control systems; and an overarching annex to the La Paz Agreement that would create a formal bi-national agreement governing the above actions for both countries. A review of environmental law in both countries was presented, along with a description of the proposed plants. A complete review of the lawsuit was provided, along with eventual rulings against the BPPWG. It was concluded that the case showed that power developers had proved that although the plants would contribute to the environmental degradation of the region, the

  17. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  18. Spatiality of environmental law

    DEFF Research Database (Denmark)

    Baaner, Lasse; Hvingel, Line

    2015-01-01

    , examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from...... maps showing representations of applied legal norms, to maps build on datasets that have legal authority. That will integrate legal and geographic information systems, and improve the legal accountability of decision support systems used in e-Government services based on spatio-legal data....

  19. Environmental law. 3. rev. ed.

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

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

  20. Challenges imposed by International Environmental Law to Classical International Law

    Directory of Open Access Journals (Sweden)

    Fabian Augusto Cárdenas Castañeda

    2010-05-01

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

  1. Environmental Policy Law

    International Nuclear Information System (INIS)

    Lee, Sang Don

    1985-03-01

    This book tell US environmental problems and environmental conservation, theory with present situation of the problems, influence of environmental aggravation, and cause of environmental problems, environmental policy influencing environment such as the national environmental policy act in America, and the role of court and environmental policy act, jurisdiction investigation about administrative action which influence on environment, and standard of jurisdiction investigation in environmental problems and legislation of environmental rights.

  2. Yearbook of environmental and engineering law 1990

    International Nuclear Information System (INIS)

    Marburger, P.

    1990-01-01

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

  3. THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia

    Directory of Open Access Journals (Sweden)

    Maret Priyanta

    2016-12-01

    Full Text Available The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL, which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.

  4. Environmental laws in health care.

    Science.gov (United States)

    Ruff, G G

    1992-11-01

    Federal and state regulations regarding the management and disposal of medical waste are currently quite extensive and will only become more comprehensive in the future. The public's heightened awareness and concerns over infectious diseases and discoveries of medical waste on beaches in New Jersey, Alabama, and other states, as well as medical waste being found in open trash bins and at public landfills, has brought to the public's attention the need for governmental intervention into this growing area of concern. Because regulations originating from the local, state, and federal levels have the potential to significantly affect hospitals, it is important that a specific person or department within the organization have a clearly designated responsibility to stay informed and follow up on these regulations. The designated person or department must work closely with the hospital's attorney to make sure that he or she stays current on environmental laws and keeps the institution adequately advised of its legal responsibilities.

  5. Obeying Environmental Laws

    Science.gov (United States)

    Facilities Science Pillars Research Library Science Briefs Science News Science Highlights Lab Organizations regulations and policies to protect human health and the environment. June 27, 2012 Pyramid showing compliance at the base, and sustainability at the top Compliance with environmental regulations and policies is

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

    International Nuclear Information System (INIS)

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

    1987-01-01

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

  7. The environmental science and law II. The short development of the environmental science and environmental law

    International Nuclear Information System (INIS)

    Klinda, J.

    1998-01-01

    This book contains the basic documents about environmental laws and related documents approved in the world and in the Slovak Republic. The system of the environmental laws and organizations in the world and in the Slovak Republic are reviewed. A review of a selected environmental laws of the Slovak Republic are included. The significant world acts (declarations, charters and other documents) are reviewed

  8. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    Energy Technology Data Exchange (ETDEWEB)

    Schwarze, J

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present.

  9. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW) [de

  10. The criminal law responsibility of officials under environmental criminal law

    International Nuclear Information System (INIS)

    Winkelbauer, W.

    1986-01-01

    The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW) [de

  11. Can Environmental Law be standardized

    International Nuclear Information System (INIS)

    Sendler, H.

    1981-01-01

    The author makes basic considerations on standardizability both in Constitutional Law and in simple Legislative Law. He discusses in detail a key issue of Environmental Law, namely the standardization of the right of third parties affected to file suit. In painstaking detail work one has to differentiate between standards having and not having an effect which protects third parties, and how far the protection of third parties goes. The limits to standardizability are reached with the use of undetermined legal terms. The shortcomings of standardizability for the legislator could and should be made up for by the statutory power which has to reify standards in a way which could guarantee efficient execution. (HSCH) [de

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

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1991-01-01

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

  13. Environmental law and sustainable development

    Directory of Open Access Journals (Sweden)

    María Oliva Sirgo Álvarez

    2017-06-01

    Full Text Available This article analyses the origin and birth of the human right to a safe and healthy environment in order to allow everyone to live a dignified and quality life. It also analyses the essential content of sustainable development, which must always guide the development of environmental law to ensure a healthy environment for human present and future generations, and a sustainable economic growth that contributes to the development of equal opportunities for all people.

  14. Environmental protection and procedural law

    International Nuclear Information System (INIS)

    Mutschler, U.

    1978-01-01

    For the power industry which is 'independent of licensing', the Ule/Laubinger statement as well as its discussion on the 52th German legal experts' day are of considerable importance. It is therefore absolutely necessary to critically investigate the statements of this expert's opinion and the considerations on which they are based. This investigation is limited to those licensing procedures which in the terminology of experts, are 'similar to the plan approval procedure'. This applies mainly to the procedures according to paragraph 4 ff of the Federal Act on the Protection Against Nuisances and paragraph 7 of the Atomic Energy Law: Preliminaries publication of documents, inspection of files, public hearing, taking of evidence, persons with special responsibilities, administrative proceedings, actions by associations. The deficiencies in the execution of environmental procedural law is briefly mentioned. The notes in the article refer only to air pollution. (orig./HP) [de

  15. Environmental law and nuclear law: a growing symbiosis

    International Nuclear Information System (INIS)

    Ennerechts, S.

    2008-01-01

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

  16. Research Handbook on International Environmental Law

    NARCIS (Netherlands)

    Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

    2010-01-01

    This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues

  17. The principle of cooperation in environmental law

    International Nuclear Information System (INIS)

    Rengeling, H.W.

    1988-01-01

    The study prepared by order of the Federal Office for Environmental Protection describes the cooperation principle in German environmental policy. It presents examples from various areas of environmental protection, i.a. the participation of third-parties in government decisions. The functions, advantages, problems and risks of cooperation are dealt with. The study focuses on the constitutional and administrative fundamentals for the evaluation of the admissibility and limits of cooperation. On the one hand, there has to be cooperation between State and Society, on the other, there is a normative separation of the two in accordance with constitutional law. The study points out scopes of action for cooperation between State and Society. (RST) [de

  18. EC Competition law and environmental protection

    Energy Technology Data Exchange (ETDEWEB)

    Rantala, M.

    1996-12-31

    Due to the increasing attention paid on environmental protection, by the European Community, the Member States and the consumers, undertakings are forced to adjust their policies to meet the new demands posed by public authorities and the market. This has an inevitable impact on competition. No matter how acceptable the goals were, the means are to be assessed also from the competition law point of view. The objective of this study is to analyze the situations where conflicts may take place, the main sources of research being the principles of law relating to the Treaty ,the judgements of the European Court of Justice, the Commission Decisions and other official documents of the Community as well as legal literature. This study classifies the Community and Member State instruments which are used for environmental protection into four categories. These are legislative, market-based, horizontal and financial supporting instruments. Undertakings` environmental practices, which are capable of affecting competition, are examined under Articles 85 and 86 EC, some attention being paid also to Article 90 EC. The touching points of competition policy and environmental protection in such cases are scrutinized under three headings. These are the two, in this case, most relevant public instruments, ie. legislative and market-based measures, and the voluntary actions of undertakings. (42 refs.)

  19. INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2014-06-01

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

  20. Challenge: Code of environmental law; Herausforderung Umweltgesetzbuch

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-07-15

    Within the meeting ''Challenge: Code of environmental law'' at 16th February, 2007, in Berlin (Federal Republic of Germany) and organized by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (Berlin, Federal Republic of Germany), the following lectures were held: (a) the new code of environmental law as a contribution to more modernness and efficiency in the environmental politics (Sigmar Gabriel); (b) The code of environmental law from the view of the economy (Martin Wansleben); (c) Significance of the code of environmental law from the view of jurisprudence (Michael Kloepfer); (d) Targets, content and utility of the code of environmental law: Summary of the panel discussion (Tanja Goenner, Klaus Mittelbach, Juergen Resch, Hans-Joachim Koch, Alfred Wirtz, Andreas Troge (moderator)); (e) Considerations to the coding of water law in the code of environmental law (Helge Wendenburg); (f) Considerations to the coding of water law: Summary of te discussion; (g) Considerations to the coding of nature conservation law (Jochen Flasbarth); (h) Considerations to the coding of nature conservation law: Summary of the discussion.

  1. Applicable international environmental impact assessment laws for ...

    African Journals Online (AJOL)

    Lawrence Hart

    1971-05-28

    May 28, 1971 ... appraise selected International Environmental laws and the Nigerian Environmental Impact Assessment methodology ... maze of pipelines, delivery lines, flow lines, canals and .... Toxic Materials and international waterways.

  2. The international law commission and international environmental law

    International Nuclear Information System (INIS)

    Ramcharan, B.G.

    1975-01-01

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

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

    International Nuclear Information System (INIS)

    1991-01-01

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

  4. The growing interrelationship between nuclear law and environmental law

    International Nuclear Information System (INIS)

    Bourdon, Pierre

    2015-01-01

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

  5. Environmental law - the question of a systematization and codification of environmental law in Austria

    International Nuclear Information System (INIS)

    Chiu Yen-Lin, A.

    2000-04-01

    In the last three decades environmental law has become an important part of jurisprudence. As a cross-section subject environmental law refers to a number of different legal subjects, making a clear distinguishing impossible. The thesis has the purpose to explain the concept of environmental law and to systematize the field of environmental law (also with regard to a general codification). Beginning with a summary of environmental law definitions and following a review of the international and national legal development there is an overall view about the sources, the various sections, the principles, the instruments and the implementing institutions of environmental law. The question of a complete codification of environmental law in a statute book is of special interest, as there are also international endeavors going in this direction. (author)

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

    Science.gov (United States)

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

    2014-11-19

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

  7. Offshore Finfish Aquaculture in the United States: An Examination of Federal Laws That Could be Used to Address Environmental and Occupational Public Health Risks

    Directory of Open Access Journals (Sweden)

    Jillian P. Fry

    2014-11-01

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

  8. TRANSBOUNDARY DAMAGE IN THE LIGHT OF INTERNATIONAL ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Oana Maria HANCIU

    2014-05-01

    Full Text Available Some activities that are useful for economic and social development of a State even if are not prohibited by national or international law can cause transboundary damages to other countries. This kind of transboundary damages have given rise to theories of State responsibility and a worldwide demand for increased environmental protection. "Under the principles of international law...no State has the right to use or permit the use of its territory in such a manner as to cause [environmental] injury ... in or to the territory of another or the properties of persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence." (Stockholm Principle 21 The paper analyses the impact of transboundary damage in the light of international environmental law and the increasing concern among States for environmental protection.

  9. Green energy laws and Republican legislators in the United States

    International Nuclear Information System (INIS)

    Coley, Jonathan S.; Hess, David J.

    2012-01-01

    The policy context for green energy laws in the United States has changed over the past few years, because the Republican Party has increasingly opposed renewable electricity and other green energy policies. In this study, we draw on a database of 6071 votes on RPS (renewable portfolio standards) and PACE (Property-Assessed Clean Energy) laws by individual state legislators in the United States to examine the circumstances shaping Republican votes for green energy laws from 2007–2011. We find that votes on these laws are indeed increasingly partisan, with Republicans supporting RPS laws especially less than Democrats. However, Republicans' support for these laws is higher in states with weaker fossil fuel industries. Furthermore, Republicans tend to support the laws where median household income is lower, environmental organizations are weaker, labor-environmental coalitions are absent, and the proportion of Democrats in the legislature is lower, suggesting a reactive effect against green energy policies in more progressive settings. - Highlights: ► We analyze Republican votes for state RPS and PACE laws from 2007–2011. ► Support for RPS laws declined, while support for PACE laws remained steady. ► Support for both laws is lower in states with strong fossil fuel industries. ► Support for both laws is lower in more Democratic legislatures.

  10. Nuclear law and environmental law in the licensing of nuclear installations

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2013-01-01

    Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

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

    International Nuclear Information System (INIS)

    Sack, H.J.

    1980-01-01

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

  12. Environmental protection - Penal Law. Umweltschutz-Strafrecht

    Energy Technology Data Exchange (ETDEWEB)

    Sack, H J

    1980-01-01

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

  13. Persona Grata - Bernard Vanheusden, Contemporary Issues in International Law, an Interview with Associate Professor of Environmental Law, Hasselt University

    OpenAIRE

    Gordeeva, Yelena M.

    2016-01-01

    An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights

  14. Austria's environmental law in comparison with the environmental law of the EC

    International Nuclear Information System (INIS)

    Jantscher, S.H.

    1991-11-01

    The thesis describes and compares the environmental legislation in Austria and the EC. A short introduction into structure and organization of EC-institutions and EC-legislation in followed by an examination of the constitutional foundations of environmental policy in Austria and the EC respectively. After the adoption for the Single European Act, the EEC-Treaty provides for objectives, orientation criteria and instruments regarding environmental protection. These provisions constitute a valid basis for environmental action. The adoption of a constitutional law does equally declare environmental protection as an objective of the state in Austria, however, its significance is regarded as rather controversial. Some provinces ('Laender') have shown a higher degree of sensitivity in their constitutions . The distribution of powers between the EC and its member stated in the field of environmental protection is of particular interests. It is shown, that the principle of subsidiarity and the safeguard-clauses leave discretion to the member states. Much will be determined by the European Court of Justice (ECJ) . Main emphasis has been placed on the description and comparison of Austria's and the EEC-environmental legislation. Environmental legislation of Austria as well as the EC is outlined sector by sector (i.e. water, air, chemicals, waste, soil, fauna and flora) and subsequently the object of a detailed comparison. Criteria, such as - preventiveness -stringency - focus, depth and comprehensiveness - clearness and legal force of the regulations have been applied. For most of the mentioned sectors it is correct to state, that Austria's legislation is more preventive, advanced, comprehensive and stringent (especially regulations related to water, waste, chemicals, also air) . However, there are particular areas (e.g. air quality objectives, noise limits for construction plants) where Austria' s legislation may well get a fresh impetus

  15. Russian Environmental Law - an Overview For Business.

    OpenAIRE

    Ratsiborinskaya, Daria

    2010-01-01

    markdownabstractRussia has carried out major environmental policy reforms during its transition period since the early 1990s, including with respect to global issues such as climate change, loss of biodiversity and ozone layer depletion. In view of these changes, this chapter provides a brief overview of current (and forthcoming) Russian environmental law as applicable to businesses operating in Russia. By touching upon the main difficulties that investors may face, e.g., environmental charge...

  16. State aid in the EU law and national law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2011-01-01

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

  17. Prevention Obligations in International Environmental Law

    NARCIS (Netherlands)

    Plakokefalos, I.

    2013-01-01

    The paper seeks to examine the content and nature of prevention obligations in international environmental law. Despite their frequent reference to these obligations in practice and in the literature their exact content remains ill-defined. Similarly, the exact nature of these obligations has not

  18. Fulfillment of the brazilian environmental law by hotel organizations.

    Directory of Open Access Journals (Sweden)

    Fernando Amorim da Silva

    2009-05-01

    Full Text Available Tourism has been indicated as alternative of economic growth without environmental degradation. However, there are evidences that tourism - considered a “clean” alternative of economic growth - can cause pollution. In this context, this article had the objective to analyze actions to fulfill environmental law in four hotel organizations. Methodology came from a multiple case study, carried through in four hotel organizations located in the Brazilian state of Santa Catarina. Data had been collected by non-participant observation, and by structuralized interview. The results indicated that those organizations fulfilled the law disposals applicable to them. It is concluded that the adequacy to the environmental law must be kept, to prevent the imposition of legal sanctions.

  19. Maritime environmental penal law. International and German legislation

    International Nuclear Information System (INIS)

    Eller, Jan Frederik

    2017-01-01

    The book on maritime environmental penal law discusses the following issues: part I: introduction into the importance of oceanic environment and its thread, requirement of protective measures,; part II: focus of the study and terminology: oceanic pollution, maritime environmental legislation, international legislation; part 3: international legislative regulations concerning the protection of maritime environment: avoidance of environmental pollution, maritime legislative agreements, existing protective institutions; part 4: state penal power concerning maritime environmental protection; part 5: statutory offense according to German legislation; perspectives for regulations concerning criminal acts on sea.

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

    Energy Technology Data Exchange (ETDEWEB)

    Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)

    2008-07-01

    The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.

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

    International Nuclear Information System (INIS)

    Rest, A.

    1982-01-01

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

  2. Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law

    International Nuclear Information System (INIS)

    Schneider, Matthias Werner

    2015-01-01

    The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [de

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2007-07-01

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

  4. 42 CFR 422.378 - Relationship to State law.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Relationship to State law. 422.378 Section 422.378... Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to the... licensed under State law; (ii) Generally apply to other MA organizations and plans in the State; and (iii...

  5. International environmental law and world order

    International Nuclear Information System (INIS)

    Guruswamy, L.D.; Palmer, G.W.R. Sir; Weston, B.H.

    1995-01-01

    A litany of dismal happenings - global warming, ozone layer depletion, desertification, destruction of biodiversity, acid rain, and nuclear and water accidents - are but some of the subjects covered by this book, a problem-solving casebook authored by three educators. This new book makes the obvious but important point, that environmental issues are not limited by national boundaries. The book is divided into three parts. The first three chapters of part I discuss the basic principals of traditional international law without any reference to environmental issues. Part II, comprised of seven chapters, deals with hypothetical problems that affect various aspects of the environment vis-a-vis the norms, institutions, and procedures through which the international legal system operates. The book concludes with two chapters dealing with future environmental concerns. The book focuses on issue-spotting, problem-solving, and synthesis over the assimilation and comprehension of raw, disembodied knowledge. The book helps to manage our common future on this planet, for which we will need a new global regime based essentially on the extension into international life of the rule of law, together with reliable mechanisms for accountability and enforcement that provide the basis for the effective functioning of national societies

  6. The Necessary Predication between State and Law

    Directory of Open Access Journals (Sweden)

    Daniel Nunes Pereira

    2017-02-01

    Full Text Available This study aims to demonstrate that the central idea of "rule of law" is per se redundant since there is a necessary and reciprocal predication between terms. It is based on the "State-Law" historical and philosophically founded (Westphalia, Bodin and Hobbes, phenomenologically (Schmitt’s Political Theology and normatively (Hans Kelsen’s Legal Positivism based. The rationale on the Sstate leading role suggests that State power must be complete to achieve its goals, which is given by normativity. It is clear that both, State and Law, have the same substance, "Sovereignty", whose implementation coincides with the human agency of cognitive reconfiguration of Politics by religious thought.

  7. Developments in environmental and engineering law in 1990

    International Nuclear Information System (INIS)

    Brandner, T.

    1991-01-01

    The detailed and clear compilation for the period 1.1.1990-31.1.1991 covers the following topics: Environmental and engineering law in the German unification process; superordinate developments in the EG and in Germany, in particular: Draft Federal Environmental Code, Civil Environmental Liability Act, EIA, German Federal Environmental Foundation; technological safety; climate protection - international agreements, EC law, developments in Germany; air and noise pollution control law; atomic and radiation protection law - point of departure, legislation, individual questions: Federal supervision, nuclear disposal and recycling. Moreover: Environmental concerns in regional planning; the law of nature conservation, water protection, waste management, hazardous materials, genetic engineering and soil protection. (HSCH) [de

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

    Directory of Open Access Journals (Sweden)

    Valentine Charlotte ENE

    2014-06-01

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

  9. Lawful Permanent Residents Fiscal Year 2011 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  10. Lawful Permanent Residents Fiscal Year 2016 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  11. Lawful Permanent Residents Fiscal Year 2014 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  12. Lawful Permanent Residents Fiscal Year 2015 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2009-07-01

    This book contains the contributions and discussion of the 13th annual meeting of the Institute of Mining Law and Energy Law of the Ruhr University Bochum. The meeting washed on 6 March 2009 under the title ''Problems and Perspectives in Energy Law and Environmental Law''. (orig.)

  14. Environmental protection and international law: the case of nuclear energy

    International Nuclear Information System (INIS)

    Dagicour, F.

    2002-03-01

    Given the very hazardous nature of its activity, the nuclear industry has often been considered to be without a future. Concerns over climate change and increasing international energy needs have, however, shone a new light on the positive aspects of nuclear energy. As the only clean, stable and inexpensive energy source, available, nuclear energy promises a constant supply of electricity while protecting the atmosphere. This new relationship between the environment and nuclear energy calls for an analysis of the international regulation of the risks posed by nuclear energy production. Since the beginning of the nuclear age, the long term, unknown, and large geographic scope of the risks and effects of this activity have led to the adoption of a set of normative rules outside of the scope of international environmental law. The norms that now regulate this new, ultra-hazardous activity resulted in a set of rules aimed at protecting the environment in the face of high risk activities that now form the heart of international environmental law. Unwilling relinquish national sovereignty, States adopted a system of non-binding regulation to protect the environment and promote the nuclear industry. The Chernobyl accident later pointed to the weakness of this approach. Despite this weakness, the adoption of a soft law approach has led to progress in environmental protection in an area where States have been loathe to give up their sovereignty. (author)

  15. The Hungarian environmental private law under the influence of jus publicum

    Directory of Open Access Journals (Sweden)

    Julesz Máté

    2016-01-01

    Full Text Available The relationship between environmental public law and environmental private law is of a growing significance. Not only environmental criminal law has an effect on environmental private law, but, since the beginning of the new legal, economic and political era in 1989, private law elements are also to be found in the environmental administrative law. The reciprocity between environmental private and administrative law is clear-cut. Private law institutions, like injunction or deposit, are upheld in environmental administrative contracts. The effect of an administrative ruling has legal consequences in the relationship between, e.g., neighbors: there are cases in which a noisy neighbor can be brought before the public administration. The objective liability in the field of environmental private law is accepted by the courts and by the citizens. The level of objectivity may, though, vary from country to country. In the practice of the Hungarian environmental private law, after 3 years, the objective liability is subrogated by a subjective liability, this latter one making exculpation easier. The res ipsa loquitur liability in space law is not an absolute liability, though it establishes a praesumptio juris that the environmental damage caused by a space object (e.g. a satellite is to be covered by the state which has sent the satellite into space. The presumption is, though not easily, rebuttable. In the Hungarian case law, objective environmental liability has been applied sub judice since the novella of the Civil Code in 1977. This novella made environmental private law a part of environmental law. The novella of the Civil Code was preceded by the Act on Environmental Protection of1976. The importance of economics in environmental private law has only recently been accepted by the Hungarian legal science. The role of the Coase theory is indisputable. The environmental private law is quite a new phenomenon in the Hungarian legal science, however

  16. 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

  17. Transfrontier environmental protection and German penal law. Grenzueberschreitende Umweltbelastungen und deutsches Strafrecht

    Energy Technology Data Exchange (ETDEWEB)

    Forkel, H.W.

    1988-01-22

    The author investigates the problem of how far German penal law is valid in case of transfrontier environmental pollution. He distinguishes between cases in which the interests of Germany and the neighbour state are congruent, and cases in which they are not congruent. According to the author, German law should be applied in cases where the other country has no environmental penal legislation, and where the emissions exceed the limits set by German and foreign law. (orig./HSCH).

  18. Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

    International Nuclear Information System (INIS)

    Lohse, S.; Doerner, E.

    1992-01-01

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

  19. 20 CFR 617.16 - Applicable State law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Applicable State law. 617.16 Section 617.16... law. (a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State— (1) In which the individual is entitled to UI (whether or...

  20. Environmental law. A course of lectures for a cross-disciplinary audience

    International Nuclear Information System (INIS)

    Schulte, H.

    1999-01-01

    Readers interested in getting more insight in the legal framework available for supporting environmental protection policy will find a comprehensive picture of the environmental law applicable in Germany. The format chosen for the book is that of a lecture series, so that the reader is given step-by-step orientation and systematic guidance in approaching the complex material. The positive law and the underlying scientific systems are explained. An introductory part discusses the legal instruments available for enforcement of environmental law, the position of environmental law within the entire legal system of Germany, as well as relevant aspects of the law of the European Union, and international law. The subsequent chapters present an exhaustive survey of the subjects and objectives of German environmental law, as well as the legal practice and the issues involved. The chapters' headings read as follows: Abatement and control of emissions; the structure and functions of the state; administrative powers and action; civil rights and environmental protection; atomic energy law; water protection; waste management; nature conservation; the law on chemicals; the law relating to genetic engineering. The final chapter discusses aspects of environmental liability. (orig./CB) [de

  1. 12 CFR 213.9 - Relation to state laws.

    Science.gov (United States)

    2010-01-01

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

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

    International Nuclear Information System (INIS)

    1989-01-01

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

  3. Survey of state water laws affecting coal slurry pipeline development

    Energy Technology Data Exchange (ETDEWEB)

    Rogozen, M.B.

    1980-11-01

    This report summarizes state water laws likely to affect the development of coal slurry pipelines. It was prepared as part of a project to analyze environmental issues related to energy transportation systems. Coal slurry pipelines have been proposed as a means to expand the existing transportation system to handle the increasing coal shipments that will be required in the future. The availability of water for use in coal slurry systems in the coal-producing states is an issue of major concern.

  4. State laws on tobacco control--United States, 1998.

    Science.gov (United States)

    Fishman, J A; Allison, H; Knowles, S B; Fishburn, B A; Woollery, T A; Marx, W T; Shelton, D M; Husten, C G; Eriksen, M P

    1999-06-25

    State laws addressing tobacco use, the leading preventable cause of death in the United States, are summarized. Laws address smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products. Legislation effective through December 31, 1998. CDC identified laws addressing tobacco control by using an on-line legal research database. CDC's findings were verified with the National Cancer Institute's State Cancer Legislative Database. Since a previous surveillance summary on state tobacco-control laws published in November 1995 (covering legislation effective through June 30, 1995), several states have enacted new restrictions or strengthened existing legislation that addresses smoke-free indoor air, minors' access to tobacco, tobacco advertising, and tobacco taxes. Five states strengthened their smoke-free indoor air legislation. All states and Washington, D.C., continued to prohibit the sale and distribution of tobacco products to minors; however, 21 states expanded minors' access laws by designating enforcement authorities, adding license suspension or revocation for sale to minors, or requiring signage. Since the 1995 report, eight additional states (a total of 19 states and Washington, D.C.) now ban vending machines from areas accessible to minors. Thirteen states restrict advertising of tobacco products, an increase of four states since the 1995 report. Although the number of states that tax cigarettes and smokeless tobacco did not change, 13 states increased excise taxes on cigarettes, and five states increased excise taxes on smokeless tobacco products. The average state excise tax on cigarettes is 38.9 cents per pack, an increase of 7.4 cents compared with the average tax in the 1995 report. State laws addressing tobacco control vary in relation to restrictiveness, enforcement and penalties, preemptions, and exceptions. The data summarizing state tobacco-control laws are available through CDC

  5. Punishability of office-holders in environmental law

    International Nuclear Information System (INIS)

    Papier, H.J.

    1988-01-01

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

  6. State cigarette minimum price laws - United States, 2009.

    Science.gov (United States)

    2010-04-09

    Cigarette price increases reduce the demand for cigarettes and thereby reduce smoking prevalence, cigarette consumption, and youth initiation of smoking. Excise tax increases are the most effective government intervention to increase the price of cigarettes, but cigarette manufacturers use trade discounts, coupons, and other promotions to counteract the effects of these tax increases and appeal to price-sensitive smokers. State cigarette minimum price laws, initiated by states in the 1940s and 1950s to protect tobacco retailers from predatory business practices, typically require a minimum percentage markup to be added to the wholesale and/or retail price. If a statute prohibits trade discounts from the minimum price calculation, these laws have the potential to counteract discounting by cigarette manufacturers. To assess the status of cigarette minimum price laws in the United States, CDC surveyed state statutes and identified those states with minimum price laws in effect as of December 31, 2009. This report summarizes the results of that survey, which determined that 25 states had minimum price laws for cigarettes (median wholesale markup: 4.00%; median retail markup: 8.00%), and seven of those states also expressly prohibited the use of trade discounts in the minimum retail price calculation. Minimum price laws can help prevent trade discounting from eroding the positive effects of state excise tax increases and higher cigarette prices on public health.

  7. The welfare state and Baumol's law

    DEFF Research Database (Denmark)

    Paldam, Martin

    The paper considers a two-sector economy with a constant population: The public sector, with stable productivity, and a private sector, with productivity growth. Baumol's law says that such an economy has no steady state. It is demonstrated what this means. Two attempts to uphold a policy...

  8. The sources of the specificity of nuclear law and environmental law

    International Nuclear Information System (INIS)

    Rainaud, J.M.; Cristini, R.

    1983-01-01

    This paper analyses the sources of the specificity of nuclear law and its relationship with environmental law as well as with ordinary law. The characteristics of nuclear law are summarized thus: recent discovery of the atom's uses and mandatory protection against its effects; internationalization of its use, leading to a limitation of national authorities competence. Several international treaties are cited (Antarctic Treaty, NPT, London Dumping Convention etc.) showing the link between radiation protection and the environment. (NEA) [fr

  9. 12 CFR 202.11 - Relation to state law.

    Science.gov (United States)

    2010-01-01

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

  10. Climate change law and politics in the United States

    International Nuclear Information System (INIS)

    Gerrard, Michael B.

    2014-01-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  11. Climate change law and politics in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Gerrard, Michael B. [Columbia Law School New York, NY (United States). Center for Climate Change Law

    2014-07-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  12. Changes in environmental law. [German Federal Republic]. Umweltrecht im Wandel

    Energy Technology Data Exchange (ETDEWEB)

    Mayer-Tasch, P C

    1978-01-01

    In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics.

  13. Intuition beyond the law of the state

    Directory of Open Access Journals (Sweden)

    Stephen Connelly

    2011-04-01

    Full Text Available This article examines one aspect of the possible influence of Aristotle on Spinoza's thinking of state laws and their limitations.  In the Nicomachean Ethics, the Stagirite sets out a theory of the just city based on appropriate geometrical proportioning of justice, but then proposes the hypothesis of the most excellent man: someone so virtuous that they cannot be bound by the city's laws and so must be banished or elevated to monarch.  The article investigates how Spinoza's own conceptions of geometry and metaphysics inform his view of justice and laws in the city.  It indicates how, in continuing to posit the virtuous as someone both with a higher form of cognition of law, but who must nevertheless live in the city, Spinoza is likely to have been confronted with Aristotle's 'problem of excellence'.  The article examines Spinoza's initial and strikingly modern solution to the problem, but also indicates how Spinoza's own thinking on metaphysics and genetic geometry pushes him beyond this 'answer' in his later political work.

  14. 45 CFR 98.3 - Effect on State law.

    Science.gov (United States)

    2010-10-01

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

  15. Citizen Participation, Access to Environmental Information and Education in Uruguayan Environmental Law

    Directory of Open Access Journals (Sweden)

    Gonzalo Iglesias Rossini

    2014-06-01

    Full Text Available Our country has followed a clear trend towards the recognition of various mechanisms of citizen participation and access to public information regarding environmental issues A few years ago, if, for instance, a person or group of people, concerned about the potential environmental impact caused by the establishment of a factory in their neighborhood, requested information from the Authorities, such request would have most likely been rejected. At present, there is a clear law-making policy towards acknowledging the possibility for a diversity of social players to be involved at different levels. In a State structured under a social rule of law, both community participation and civil society access to information in possession of the State, regarding issues that may affect the environment, are fundamental rights. Both concepts, information and participation, must go hand in hand, as the first operates as a condition to exercise the second. Civil society involvement in an environmental issue could never occur if, for instance, information held by the Government is not made available. In addition to protecting fundamental human rights, these concepts are enshrined in participatory democracy. They also enable civil society to be involved in environmental pollution issues. This paper is intended to provide a detailed research on the different instruments enshrining citizen participation and access to public information about environmental issues.

  16. Environmental Law and Underdevelopment in the Niger Delta ...

    African Journals Online (AJOL)

    Environmental Law and Underdevelopment in the Niger Delta Region of Nigeria. ... is composed of many ecosystems of great economic and social importance, ... producing companies contribute to the degradation of the environment which in ...

  17. 1992 yearbook of environmental and technology-related law

    International Nuclear Information System (INIS)

    Schroeder, M.

    1992-01-01

    The 1992 and sixth edition of this yearbook contains papers on environmental and technology-related law in the European Communities and the Federal Republic of Germany including among other things information on the latest jurisdiction by the European Court of Justice; insurability of environmental damage; scientific aspects of limit values. There are also treatises on non-German and comparative as well as international environmental and technology- related law which deal among other things with atomic and immission protection law and on harmonization and codification from a general point of view. Finally, some papers report on developments of national and European environmental and technology-related law. Three of the fifteen contributions have been abstracted separately. (HSCH) [de

  18. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-02-01

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

  19. Case law: Canada, France, Switzerland, United States

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    Canada: Appellate decision upholding nuclear regulatory licensing process and practices for consultation with aboriginal groups: Fond du Lac Denesuline First Nation v. Canada (Attorney General). France: Court of Appeal of Nimes regarding the SOCATRI incident in July 2008; Conseil d'Etat regarding the association Reseau 'Sortir du nucleaire'. Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Ltd on the repeal of the time limitation with respect to the operating licence for the Muehleberg nuclear power plant. United States: Judgement of a US District Court granting a permanent injunction against the State of Vermont in order to prevent certain State laws from prohibiting Vermont Yankee nuclear power plant's continued operation

  20. 27 CFR 478.58 - State or other law.

    Science.gov (United States)

    2010-04-01

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

  1. 12 CFR 226.28 - Effect on State laws.

    Science.gov (United States)

    2010-01-01

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

  2. 28 CFR 104.42 - Applicable state law.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Applicable state law. 104.42 Section 104... OF 2001 Amount of Compensation for Eligible Claimants. § 104.42 Applicable state law. The phrase “to the extent recovery for such loss is allowed under applicable state law,” as used in the statute's...

  3. 36 CFR 8.4 - Federal and State labor laws.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Federal and State labor laws... State labor laws. A concessioner shall comply with all standards established pursuant to Federal or State labor laws, such as those concerning minimum wages, child labor, hours of work, and safety, that...

  4. Environmental laws in Pakistan with case la w analysis

    International Nuclear Information System (INIS)

    Khan, M.S.

    2005-01-01

    Laws of Nature should be respected in the interest of the human race. It is very hard to go against them. Doing so will only result in the subsequent devastation of this earth and its inhabitants. The literal meaning of environment is 'life around us in which we all exist'. The word environment caught world attention after various protest and demonstrations by environmentalists' during the early 70s. Issues like Deforestation, Industrialization and Pollution in the urban cities of Pakistan are constantly increasing and are affecting the quality of life significantly. Increasing drudgeries regarding environmental issues have forced governing bodies and jurists to take some pragmatic action in the form of environmental laws. The legislature, executive and judiciary of Pakistan have yet not adequately and effectively realized this hard fact. It is also aggravating that the courts of law are reluctant to take a stand on this hard-core issue of environmental protection and preservation. The era from 1983 to 1997 appears to be the period of heightened environmental awareness in Pakistan. The very first Environmental Protection Ordinance 1983 was promulgated in this period, which laid the foundation stone of a new environmental legal system for Pakistan. A campaign started which worked hard for the enactment of Environmental Protection Act, 1997. This Act is not the last step but the best prevailing and available remedy for environment control in Pakistan. This research paper aims to analyze the development of environmental laws in Pakistan, important environmental statutes enacted in Pakistan, implementation and enforcement mechanisms contained in the Pakistan Environmental Protection Act, 1997, environmental treaties effective for Pakistan, public interest litigation, judicial activism, conclusions and suggestions. Specific emphasis will be on case law and the interpretation of environmental issues by the Pakistani Courts. In the end the repercussions of environment

  5. Analysis of Environmental Law Enforcement Mechanism Based on Economic Principle

    Science.gov (United States)

    Cao, Hongjun; Shao, Haohao; Cai, Xuesen

    2017-11-01

    Strengthening and improving the environmental law enforcement mechanism is an important way to protect the ecological environment. This paper is based on economical principles, we did analysis of the marginal management costs by using Pigou means and the marginal transaction costs by using Coase means vary with the quantity growth of pollutant discharge Enterprises. We analyzed all this information, then we got the conclusion as follows. In the process of strengthening the environmental law enforcement mechanism, firstly, we should fully mobilize all aspects of environmental law enforcement, such as legislative bodies and law enforcement agencies, public welfare organizations, television, newspapers, enterprises, people and so on, they need to form a reasonable and organic structure system; then we should use various management means, such as government regulation, legal sanctions, fines, persuasion and denounce, they also need to form an organic structural system.

  6. The French electricity policy facing European integration and environmental law

    International Nuclear Information System (INIS)

    Begue, M.C.

    2004-02-01

    The french electricity policy is traditionally defined by public authorities. The preference for nuclear power implies great risk and severe damage to the environment. These features of french electricity policy are however questioned by the increasing influence of european law and the (relatively) recent recognition of the environmental issues of such policy. This thesis intends to study the consequences of two 'new' tendencies that seem to be inevitable in the field of electricity policy: the decreasing role of national public authorities and the diffusion of the concept of sustainable development. The theoretical model which underlies the organization of commercial exchanges is replacing the traditional intervention of the State. regarding of this basic good. The adoption of legal rules to organize the electricity market has involved the development of many economic instruments. Those instruments aim at modifying the electricity policy in accordance with the principle of integration of environmental dimension in sectoral policies. The main object of our work is to analyse the consequences of these changes in the concept of public utility as well as in the importance given to environmental protection in the new forms of electricity policies. (author)

  7. Can Environmental Laws Fulfill Their Promise? Stories from Canada

    Directory of Open Access Journals (Sweden)

    Nigel Bankes

    2014-09-01

    Full Text Available Canadian environmental law has changed dramatically over the last 50 years, responding to some of the flaws and weaknesses identified by commentators seeking to explain the continuing trend in environmental degradation. The aim of this article is to tell the story of three pieces of Canadian environmental legislation, the Alberta Land Stewardship Act, the federal Species at Risk Act, and Alberta’s Environmental Protection and Enhancement Act, with a view to exploring whether the environmental ambition underlying these pieces of legislation is being realized. Our overall conclusion is that there is a significant gap between the ambition of these three pieces of environmental legislation and their actual implementation but this gap arises from design choices made by the legislature and the executive, rather than something inherent in the law itself.

  8. 27 CFR 555.62 - State or other law.

    Science.gov (United States)

    2010-04-01

    ... other law. A license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. The holder of a license or permit... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 555.62...

  9. 32 CFR 634.41 - Compliance with State laws.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Compliance with State laws. 634.41 Section 634.41 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.41 Compliance with State laws. (a) Installation commanders...

  10. 29 CFR 825.701 - Interaction with State laws.

    Science.gov (United States)

    2010-07-01

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

  11. Russian Environmental Law - an Overview For Business.

    NARCIS (Netherlands)

    D.N. Ratsiborinskaya (Daria)

    2010-01-01

    markdownabstractRussia has carried out major environmental policy reforms during its transition period since the early 1990s, including with respect to global issues such as climate change, loss of biodiversity and ozone layer depletion. In view of these changes, this chapter provides a brief

  12. Environmental protection and penal law in Greece - a comparison with the German penal code on environmental matters. Der strafrechtliche Umweltschutz in Griechenland unter besonderer Beruecksichtigung des Deutschen Umweltstrafrechts

    Energy Technology Data Exchange (ETDEWEB)

    Karamanidis, G.

    1985-01-01

    The first chapter outlines the ecological situation of Greece, while the second chapter presents the legal foundations of environmental protection in Greece. Secondary laws are mentioned, as these are generally the laws in which penal liabilities are stated. The present environmental protection regulations are found to be unsatisfactory and unfit for preventing environmental damage. A new legislative structure is proposed on the basis of German environmental protection standards. (orig./HSCH).

  13. Protection of industrial and business secrets in environmental protection law

    International Nuclear Information System (INIS)

    Breuer, R.

    1986-01-01

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

  14. 50 CFR 20.72 - Violation of State law.

    Science.gov (United States)

    2010-10-01

    ... export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law... WILDLIFE AND PLANTS (CONTINUED) MIGRATORY BIRD HUNTING Federal, State, and Foreign Law § 20.72 Violation of...

  15. Jurisdiction in international law : United States and European perspectives

    OpenAIRE

    Ryngaert, Cedric

    2007-01-01

    This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

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

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2013-01-01

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

  17. 40 CFR 403.4 - State or local law.

    Science.gov (United States)

    2010-07-01

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

  18. 28 CFR 91.67 - State Environmental Policy Acts.

    Science.gov (United States)

    2010-07-01

    ... Section 91.67 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) GRANTS FOR CORRECTIONAL FACILITIES Environmental Impact Review Procedures for VOI/TIS Grant Program Other State and Federal Law Requirements § 91... that any state, local, or tribal environmental impact review requirements similar to the Federal NEPA...

  19. Environmental law, policy, and economics: reclaiming the environmental agenda

    National Research Council Canada - National Science Library

    Caldart, Charles C; Ashford, Nicholas Askounes

    2008-01-01

    ... of Information Regarding Chemical Risks 771 11 Enforcement: Encouraging Compliance with Environmental Statutes 807 12 Alternative Forms of Government Intervention to Promote Pollution Reduction 879 13 Polici...

  20. States' criminal jurisdiction under International Law: fostering a ...

    African Journals Online (AJOL)

    Over the past few years, the extent to which international law allows States to exercise their jurisdiction in criminal matters has been a subject of diplomatic tensions between States. The purpose of this paper is to shed some light, on the question as to what extent a State, powerful or weak, has a right under international law ...

  1. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1990-06-01

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

  2. Environmental protection

    International Nuclear Information System (INIS)

    Klinda, J.; Lieskovska, Z.

    1998-01-01

    In this chapter environmental protection in the Slovak Republic in 1997 are reviewed. The economics of environmental protection, state budget, Slovak state environmental fund, economic instruments, environmental laws, environmental impact assessment, environmental management systems, and environmental education are presented

  3. The Treaty of Lisbon and European Environmental Law and Policy

    NARCIS (Netherlands)

    Vedder, H.H.B.

    2010-01-01

    This contribution analyses the effects of the entry into force of the Treaty of Lisbon for European environmental law and policy. The central conclusion is that, apart from the new numbering and some new names for procedures and institutions, this does not entail any major changes. The new Energy

  4. State review United States of America. Risks and risk assessment according to the law of the United States of America

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1980-01-01

    In the chapter 'Risk Assessment in Atomic Energy Law of the United States' of this report you find among other things the Atomic Energy Act, the approval conditions, General Design Criteria for Nuclear Power Plants, the defense-in-depth concept, probabilistic safety studies, probabilistic probability assessments in the case of external influences onto nuclear power plants, quantitative analyses of the consequences of conceivable accidents, reduction of radiation exposure, the National Environmental Policy Act, the environmental compatibility declaration, the so-called residual risk under the environmental aspect, the classification of the accidents into 9 types, new developments concerning accident analysis, effects of the nuclear fuel cycle on environment, indicial decisions. The chapter about 'Risk Assessment in Civil Law, Criminal Law and Law on Protection of the Environment', deals among other things with the Law on nuisance, the Clean Air Act, the Federal Environmental Pesticide Control Act. In 'Problems of the Cost-Efficiency-Analysis' the significance and purpose of this analysis, the availability of data and information, the monetary quantification of risks and costs, alternatives and the danger of misuse are illustrated. (HSCH) [de

  5. Consolidated Navy-Marines Environmental Law Deskbook. Revised

    Science.gov (United States)

    1994-05-01

    Where the state law and Federal law are in direct conflict. See. Florida Lime and Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43 (1963...California standards for avocados could be stricter than Federal standards). Although this might seem to be a frequent occurrence, courts are very reluctant... exportation , and taking of endangered and threatened species of plants and animals. Also, the ESA requires federal agencies to consult with FWS / NMFS

  6. An introduction to environmental law. 2. enlarged ed.

    International Nuclear Information System (INIS)

    Schmidt, R.; Mueller, H.

    1989-01-01

    The author outlines the environmental law in the Federal Republic of Germany and surveys the main legal regulations in the field of environmental protection. Inter alia he deals with problems of installations subject to permission and with legal questions of transfrontier environmental pollution. This second edition brings up to date or enlarges the first by information and facts concerning in particular the deficits in enforcement, informal acts of the administration, the protection of animals and endangered species of wild fauna and flora, the environmental impact statement, liability for environmental pollution, the problems involved in the management of waste found at abandoned industrial sites or dumps, radiological protection issues, and environmental protection provided by the EEC Treaty. (orig./HP) [de

  7. Association between state school nutrition laws and subsequent child obesity.

    Science.gov (United States)

    Palakshappa, Deepak; Fiks, Alexander G; Faerber, Jennifer A; Feudtner, Chris

    2016-09-01

    Many states have enacted laws to improve school nutrition. We tested whether stronger state nutrition laws are associated with subsequently decreased obesity. We conducted a retrospective national multi-year panel data study (analyzed 2014-2016 at the Children's Hospital of Philadelphia). The predictors were 2010 laws regarding 9 nutrition categories from the Classification of Laws Associated with School Students, which grades the strength of state laws (none, weak, or strong). The outcome was weight status (healthy weight, overweight, or obese) in elementary, middle, and high school from the 2011/2012 National Survey of Children's Health. We tested the association between the strength of laws and weight using multinomial logistic regression. To further evaluate our main results, we conducted state-level longitudinal analyses testing the association between competitive food and beverage laws on the change in obesity from 2003-2011. In main analyses of 40,177 children ages 10-17years, we found strong state laws restricting the sale of competitive food and beverages in elementary school (OR: 0.68; 95% CI: 0.48, 0.96) and strong advertising laws across all grades (OR: 0.63; 95% CI: 0.46, 0.86) were associated with reduced odds of obesity. In longitudinal analyses, states with strong competitive food and beverage laws from 2003-2010 had small but significant decreases in obesity, compared to states with no laws. Although further research is needed to determine the causal effect of these laws, this study suggests that strong state laws limiting the sale and advertising of unhealthy foods and beverages in schools are associated with decreased obesity rates. Copyright © 2016 Elsevier Inc. All rights reserved.

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

    Science.gov (United States)

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

    2014-07-01

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

  9. Maritime environmental penal law. International and German legislation; Maritimes Umweltstrafrecht. Voelkerrechtliche Grundlagen und deutsches Recht

    Energy Technology Data Exchange (ETDEWEB)

    Eller, Jan Frederik

    2017-07-01

    The book on maritime environmental penal law discusses the following issues: part I: introduction into the importance of oceanic environment and its thread, requirement of protective measures,; part II: focus of the study and terminology: oceanic pollution, maritime environmental legislation, international legislation; part 3: international legislative regulations concerning the protection of maritime environment: avoidance of environmental pollution, maritime legislative agreements, existing protective institutions; part 4: state penal power concerning maritime environmental protection; part 5: statutory offense according to German legislation; perspectives for regulations concerning criminal acts on sea.

  10. 31 CFR 50.24 - Applicability of State law requirements.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Applicability of State law requirements. 50.24 Section 50.24 Money and Finance: Treasury Office of the Secretary of the Treasury TERRORISM RISK INSURANCE PROGRAM Mandatory Availability § 50.24 Applicability of State law requirements. (a...

  11. 7 CFR 766.155 - Conflict with State law.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Conflict with State law. 766.155 Section 766.155... AGRICULTURE SPECIAL PROGRAMS DIRECT LOAN SERVICING-SPECIAL Homestead Protection Program § 766.155 Conflict with State law. If there is a conflict between a borrower's homestead protection rights and any...

  12. 29 CFR 530.201 - Conflict with State law.

    Science.gov (United States)

    2010-07-01

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

  13. Correlates of state enactment of elementary school physical education laws.

    Science.gov (United States)

    Monnat, Shannon M; Lounsbery, Monica A F; Smith, Nicole J

    2014-12-01

    To describe variation in U.S. state elementary school physical education (PE) policies and to assess associations between state PE policy enactment and education funding, academic achievement, sociodemographic disadvantage, and political characteristics. U.S. state laws regarding school PE time, staffing, curriculum, fitness assessment, and moderate-to-vigorous physical activity (MVPA) in 2012 were classified as strong/specific, weak/nonspecific, or none based on codified law ratings within the Classification of Laws Associated with School Students (C.L.A.S.S.). Laws were merged with state-level data from multiple sources. Logistic regression was used to determine associations between state characteristics and PE laws (N=51). Laws with specific PE and MVPA time requirements and evidence-based curriculum standards were more likely in states with low academic performance and in states with sociodemographically disadvantaged populations. School day length was positively associated with enacting a PE curriculum that referenced evidence-based standards. School funding and political characteristics were not associated with PE laws. Limited time and high-stake testing requirements force schools to prioritize academic programs, posing barriers to state passage of specific PE laws. To facilitate PE policy enactment, it may be necessary to provide evidence on how PE policies can be implemented within existing time and staffing structures. Copyright © 2014 Elsevier Inc. All rights reserved.

  14. The Obligations of States towards Refugees under International Law

    DEFF Research Database (Denmark)

    Skordas, Achilles

    The main purpose of the current study is to discuss the obligations of States towards refugees under international law, and to argue that States have obligations towards refugees regardless of the ratification of the Geneva Convention....

  15. Administrative procedure by stages in the field of environmental law

    International Nuclear Information System (INIS)

    Salis, S.

    1991-01-01

    Governmental decisions concerning large-size projects with an impact on the environment and regional structure always have to cope with particularly complex conflicts of interest. Such projects therefore are not decided or licensed by one single move or act, but there are administrative procedures by stages provided for by the law. The procedure for licensing by stages creates a number of legal problems, especially concerning legal protection against partial licences, and their legal nature and binding effect. The author develops in this book an interdisciplinary system of rules of law and practice for procedure by stages, and presents a proposal for a more uniform approach and legislation. The book thus is a contribution towards in-system harmonisation of the procedural environmental law. (orig.) [de

  16. Licences issued under environmental law in international private and procedural law

    International Nuclear Information System (INIS)

    Kohler, C.

    1991-01-01

    The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

  17. Environmental penal law - sword of Damocles above public officials?

    International Nuclear Information System (INIS)

    Fuehren, K.H.

    1987-01-01

    An office-holder is subject to punishableness according to art. 324 seq. Penal Code under the same conditions as a citizen. If the office-holder does not intervene in case of environmental delicts, the omission of a required measure is concerned. The constitutional supplement of art. 20 Fundamental Law will have for consequence a further aggravation of the punishableness of office-holders. (CW) [de

  18. Legal significance of environmental protection in foreign investments law

    OpenAIRE

    Divljak Drago

    2013-01-01

    The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field i...

  19. Use of Law Library resources by law students of Imo State University ...

    African Journals Online (AJOL)

    Academic law li braries are indispensable support for learning, research and general practice in the entire legal profession. This article sought to establish the level of usage students of Imo State University make of its law library and in particular, determine the leve l of organization of the resources, services available as well ...

  20. Applicable law in investor-state arbitration: the interplay between national and international law

    NARCIS (Netherlands)

    Kjos, H.E.

    2013-01-01

    This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the

  1. The precautionary principle in international environmental law and international jurisprudence

    Directory of Open Access Journals (Sweden)

    Tubić Bojan

    2014-01-01

    Full Text Available This paper analysis international regulation of the precautionary principle as one of environmental principles. This principle envisages that when there are threats of serious and irreparable harm, as a consequence of certain economic activity, the lack of scientific evidence and full certainty cannot be used as a reason for postponing efficient measures for preventing environmental harm. From economic point of view, the application of precautionary principle is problematic, because it creates larger responsibility for those who create possible risks, comparing to the previous period. The precautionary principle can be found in numerous international treaties in this field, which regulate it in a very similar manner. There is no consensus in doctrine whether this principle has reached the level of international customary law, because it was interpreted differently and it was not accepted by large number of countries in their national legislations. It represents a developing concept which is consisted of changing positions on adequate roles of science, economy, politics and law in the field of environmental protection. This principle has been discussed in several cases before International Court of Justice and International Tribunal for the Law of the Sea.

  2. Legal significance of environmental protection in foreign investments law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2013-01-01

    Full Text Available The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field is going to be the strengthening of the bond between international investments and environmental protection. It is insisted on the attitude that our law needs to approach adequately to the matter of legal valorization of the environmental protection issue. This requires the creating of a complex, coherent approach that should be based on adequate legal superstructure and amendments to the existing Law on Foreign Investments. The main direction of changes implies that the current obligation of foreign investors in this field should be raised onto a higher level and foreign investments should be placed in the function of accomplishing of the concept of sustainable development. However, such an approach has to be accompanied by appropriate mechanism of control and supervision in the given field, if its full effectiveness is to be achieved.

  3. Integration of Environmental Education and Environmental Law Enforcement for Police Officers

    Science.gov (United States)

    Bovornkijprasert, Sravoot; Rawang, Wee

    2016-01-01

    The purpose of this research was to establish an integrated model of environmental education (EE) and environmental law enforcement (ELE) to improve the efficiency of functional competency for police officers in Bangkok Metropolitan Police Division 9 (MBP Div. 9). The research design was mixed methods of quantitative and qualitative approaches…

  4. e-compendium - Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014

    DEFF Research Database (Denmark)

    Steen, Ulla

    2014-01-01

    E-compendium Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014......E-compendium Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014...

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

    Science.gov (United States)

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

    2009-03-01

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

  6. The State of Law – Between Ambition and Reality

    Directory of Open Access Journals (Sweden)

    Nicoleta DIACONU

    2011-11-01

    Full Text Available Objectives: This article proposes to analyze if the statements regarding the unconsciousness of the law state in Romania, as a reason for not being included in the Schengen Area, are susceptible when the evolution of the relations between Romania and the European International Structures have confirmed the beginning of the rule of law in our country. Prior work: The special literature doesn’t offer many documentaries regarding this subject because the statements that doubt the real existence of the law state in Romania are recent. Even so, the previous analyses show the rule of law in Romania only regarding the justice, without saying anything about the efficiency of these rules. Approach: We analyzed the way that the elements of the law state, as they have been identified in the international documents, are mentioned in the constitutional law in our country. Based on these documents, we analyzed if some risky elements towards the law state confirm or not the previous statements. Implications: The study is useful to highlight the institutional declines and also to offer arguments in order to join the Schengen area. Value: The study wants to offer arguments in order to confirm or to infirm the statements that doubt the existence of the law state.

  7. Environmental and economic evaluation of the Massachusetts Smoke-Free Workplace Law.

    Science.gov (United States)

    Alpert, Hillel R; Carpenter, Carrie M; Travers, Mark J; Connolly, Gregory N

    2007-08-01

    An environmental and economic evaluation of the smoke-free law in Massachusetts provides a broad appreciation of how a state-wide smoking ban affects the health of patrons and workers as well as the industries that are commonly concerned about the effects of smoking bans on business. The aim of this study is to evaluate environmental and economic effects of the statewide Massachusetts statewide Smoke-Free Workplace Law. Before and after the smoking ban, air quality testing was conducted in a sample (n = 27) of hospitality venues and state-wide economic changes were assessed. Compliance, in terms of patronage was measured by person-counts. Environmental outcomes were respirable suspended particles (RSP) less than 2.5 microns in diameter (PM2.5). Economic outcomes were meals tax collections, employment in the food services and drinking places and accommodations industries. On average, levels of respirable suspended particles (RSPs) less than 2.5 microns in diameter (PM2.5) decreased 93% in these venues after the Massachusetts Smoke-free Workplace Law went into effect. No statistically significant changes were observed among the economic indicators. This evaluation demonstrates that the state-wide Massachusetts law has effectively improved indoor air quality in a sample of Massachusetts venues and has not negatively affected several economic indicators.

  8. State aid in the Austrian electricity industry law

    International Nuclear Information System (INIS)

    Rehulka, J.

    2009-01-01

    The present work deals with the existence of State aid in the Austrian electricity industry and focuses on three selected areas of the Austrian legal system, which are examined for their compatibility with Community law. Subject of the first part of this work is a representation of the article 87 ff Treaty of Rome and its impact on Austrian provisions on the promotion of electricity from renewable energies or on the promotion of cogeneration energy. In this context, the first principles of the European state aid law and in particular the European Court are presented regarding the existence of State aid. Here, the Rsp of the Court in connection with the use of State resources in the Rs PreussenElektra Stardust Marine and Pearle is paid in connection with para-fiscal levies special attention. The evaluation of the Austrian support model is based on PreussenElektra, Stardust Marine and Pearle. Then the system of green electricity production in Austria represented. In addition to the Community law principles (green power directive, frameworks and guidelines for environmental aid) is here in particular the 'Oekostromgesetz' and treated it's novellas. It is an intensive discussion with the Commission's decisions on the compatibility of the green power and CHP funding and the funding of the countries with state aid rules. As part of this analysis is to attempt a classification of the Commission's practice in the Community legal system. The second part of the work deals with the determination of absorbed. System utilization rates and their distribution to the network operator. After a presentation of the Community legislation (EC regulations, the internal electricity market directives) and Rsp of the European Court of Justice (Case ADBHu, Ferring, Altmark Trans) to services of general economic interest is first attempted to determine the presence of these services in the 216 Austrian legislation. Here, the question will be, entrusted with services of general economic

  9. 34 CFR 200.4 - State law exception.

    Science.gov (United States)

    2010-07-01

    ... law to adopt academic content standards, student academic achievement standards, and academic assessments applicable to all students enrolled in the State's public schools, the State may meet the...) If a State provides satisfactory evidence to the Secretary that neither the State educational agency...

  10. Water laws in eleven midwestern states: summary tables

    Energy Technology Data Exchange (ETDEWEB)

    McNeil, T.L.; Torpy, M.F.

    1979-06-01

    Basic information about the water laws of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Ohio, and West Virginia is summarized. References to state laws and court decisions that may be useful in assessing the legal availability of water for energy development are provided. (MCW)

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

    International Nuclear Information System (INIS)

    2007-01-01

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

  12. Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law.

    Science.gov (United States)

    Valcore, Jace L

    2017-09-15

    Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.

  13. Inequity between male and female coverage in state infertility laws.

    Science.gov (United States)

    Dupree, James M; Dickey, Ryan M; Lipshultz, Larry I

    2016-06-01

    To analyze state insurance laws mandating coverage for male factor infertility and identify possible inequities between male and female coverage in state insurance laws. We identified states with laws or codes related to infertility insurance coverage using the National Conference of States Legislatures' and the National Infertility Association's websites. We performed a primary, systematic analysis of the laws or codes to specifically identify coverage for male factor infertility services. Not applicable. Not applicable. Not applicable. The presence or absence of language in state insurance laws mandating coverage for male factor infertility care. There are 15 states with laws mandating insurance coverage for female factor infertility. Only eight of those states (California, Connecticut, Massachusetts, Montana, New Jersey, New York, Ohio, and West Virginia) have mandates for male factor infertility evaluation or treatment. Insurance coverage for male factor infertility is most specific in Massachusetts, New Jersey, and New York, yet significant differences exist in the male factor policies in all eight states. Three states (Massachusetts, New Jersey, and New York) exempt coverage for vasectomy reversal. Despite national recommendations that male and female partners begin infertility evaluations together, only 8 of 15 states with laws mandating infertility coverage include coverage for the male partner. Excluding men from infertility coverage places an undue burden on female partners and risks missing opportunities to diagnose serious male health conditions, correct reversible causes of infertility, and provide cost-effective treatments that can downgrade the intensity of intervention required to achieve a pregnancy. Copyright © 2016 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

  14. A Content Analysis of Protective Factors within States' Antibullying Laws

    Science.gov (United States)

    Weaver, Lori M.; Brown, James R.; Weddle, Daniel B.; Aalsma, Matthew C.

    2013-01-01

    State lawmakers have responded to school bullying by crafting antibullying legislation. By July 2011, 47 states enacted such laws, though varied widely in content and scope. This study systematically evaluated each state's antibullying legislation by focusing on the inclusion of individual, parental, and systemic protective factors through…

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

    International Nuclear Information System (INIS)

    Kunert, F.J.

    1989-01-01

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

  16. Actors or Spectators? Vulnerability and Critical Environmental Law

    Directory of Open Access Journals (Sweden)

    Andreas Philippopoulos‐Mihalopoulos

    2013-12-01

    Full Text Available The question of whether we as humans should remain spectators of the great theatre of ecological disaster or become actors is a false dichotomy. In this chapter, I argue that both are needed, since the critical distance of spectatorship does not annul the need for immersion in the ecological continuum. A tool in the realisation of this is the concept of vulnerability, which is here conceptualised as a space of ‘the middle’ (as opposed, emphatically, to ‘the centre’ and offers an opportunity to think away from the sterile debate on eco/anthropocentricity and from such limiting hierarchies as animal/human, human/environmental, natural/artificial. This new, vulnerable position of the middle allows the reconfiguration of ecological processes, and more specifically, the position of environmental law in relation to them. Environmental law now finds itself amidst a new, moving, ‘open ecology’ of social, biological and ecological processes. This is a new, radical conceptualisation of what I have called ‘critical environmental law’, based upon an epistemology of observation and an ontology of being part of this open ecology. Environmental law, in this light, is simultaneously reformulated as being an invitation to disciplinary and ontological openness and yet a call to remain immanent within existing legal structures. This finds expression in four critical environmental positions that set the stage for the further elaboration of a critical environmental law. La cuestión de si nosotros, como seres humanos, debemos seguir siendo espectadores del gran teatro de la catástrofe ecológica o convertirnos en actores es una dicotomía falsa. En este artículo se sostiene que ambos son necesarios, ya que la distancia crítica del espectador no anula la necesidad de una inmersión en el continuum ecológico. Una herramienta para la realización de esto es el concepto de vulnerabilidad, que aquí se concibe como un espacio 'intermedio' (en oposici

  17. European emission trading, renewable energy law and the law of governmental environmental allowances; Europaeischer Emissionshandel, Erneuerbare-Energien-Gesetz und das Recht der Umweltbeihilfen. Plaedoyer fuer einen ''more environmental approach'' im EU-Wettbewerbsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Jacobs, Max

    2016-07-01

    The book on European emission trading, renewable energy law and the law of governmental environmental allowances covers the following issues: The European emission trading system and the European law on competition, the European emission trading system and competitive concerns; The European renewable energy law and the European law on competition, The European renewable energy law and competitive concerns; environmental protection the European competition policy.

  18. 12 CFR 557.13 - What State laws affecting deposits are not preempted?

    Science.gov (United States)

    2010-01-01

    ... purposes of § 557.11: (1) Contract and commercial law; (2) Tort law; and (3) Criminal law. (b) The OTS will not preempt any other state law if the OTS, upon review, finds that the law: (1) Furthers a vital... 12 Banks and Banking 5 2010-01-01 2010-01-01 false What State laws affecting deposits are not...

  19. Agreements concluded by the Federal Republic of Germany under international law in the field of environmental protection. Annex: Treaties with the GDR. (Source index in the Federal Law Gazette, part II). (As of September 15, 1987)

    International Nuclear Information System (INIS)

    Lohse, S.

    1987-01-01

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

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

    Science.gov (United States)

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

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

  1. Radioactive waste management: a summary of state laws and administration

    International Nuclear Information System (INIS)

    1983-09-01

    This is the second update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the first update (15 April 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. The Administrative section provides information on the governor, lead agencies, other involved administrative agencies, relevant commissions, boards and councils and various contacts. In a number of states, Boards of Health or similar boards are lead agencies, so they have been listed in that section. Each board's administrative agency is listed under it. The Legislative section provides general information on the legislature and lists legislative leaders, the relevant committees and their chairs, and a legislative contact. Many legislatures do not set a date for session adjournment, so the date listed represents a combination of information provided by the states and by the history of past sessions. In the section covering Applicable Legislation, laws related to radiation protection, low-level waste and high-level waste have been summarized. Hazardous waste siting laws are included for states that do not have a siting law covering radioactive waste. The section also contains summaries of relevant bills introduced in 1982 and 1983 legislative sessions and this disposition. In general, the information in this report is accurate as of July 15, 1983

  2. State aid for the adequacy of production in EU competition law

    OpenAIRE

    Domazet, Siniša

    2017-01-01

    State aid is essentially inadmissible in EU competition law. The paper deals with state aid for the adequacy of production. Research has shown that if the conditions contained in the guidelines on state aid for environmental protection and energy for the period 2014-2020 are fulfilled, this form of state aid will be permitted. It has been established that there is no practice of the European Commission in connection with this form of state aid. Recommendation to the Member States is to carry ...

  3. Are changes to be recommended in environmental penal law, in particular in connection with administrative law. Empfehlen sich Aenderungen im strafrechtlichen Umweltschutz, insbesondere in Verbindung mit dem Verwaltungsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Heine, G.; Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.))

    1988-01-01

    The expert opinion tries to point out basic problems and to make suggestions. It neither deals with every single issue of environmental penal law, nor does it offer an overall 'solution'. The authors have limited themselves to analyzing focal points, to summarizing the present state of discussions, and to adding new aspects, particularly with regard to criminological and comparative law. This results in concentrating on the 28th Section of StGB and its central protective functions; other (possible) regulation areas of substantive law are only considered in those cases where, in the latter context, the lack of them proves to be system-adverse and deficitary. Also, the formulated reform proposal only concerns this central area of environmental penal law. In the interest of what is possible, it centers on the conceptional facts of valid law. After an introduction, part 1 deals with: Stocktaking - basic principles and inadequacies of valid environmental penal law; part 2 with: Necessity and limits of reform. (orig.).

  4. Modified Van der Waals equation and law of corresponding states

    Science.gov (United States)

    Zhong, Wei; Xiao, Changming; Zhu, Yongkai

    2017-04-01

    It is well known that the Van der Waals equation is a modification of the ideal gas law, yet it can be used to describe both gas and liquid, and some important messages can be obtained from this state equation. However, the Van der Waals equation is not a precise state equation, and it does not give a good description of the law of corresponding states. In this paper, we expand the Van der Waals equation into its Taylor's series form, and then modify the fourth order expansion by changing the constant Virial coefficients into their analogous ones. Via this way, a more precise result about the law of corresponding states has been obtained, and the law of corresponding states can then be expressed as: in terms of the reduced variables, all fluids should obey the same equation with the analogous Virial coefficients. In addition, the system of 3 He with quantum effects has also been taken into consideration with our modified Van der Waals equation, and it is found that, for a normal system without quantum effect, the modification on ideal gas law from the Van der Waals equation is more significant than the real case, however, for a system with quantum effect, this modification is less significant than the real case, thus a factor is introduced in this paper to weaken or strengthen the modification of the Van der Waals equation, respectively.

  5. State and perspectives of Czechoslovakian nuclear law

    International Nuclear Information System (INIS)

    Bezdek, R.

    1992-01-01

    In Czechoslovakia, the peaceful utilization of nuclear energy is governed by a series of legislative norms of varied character and legal power. The most important are the Act No. 194/1988 and the Act No. 28/1984. The former defines the competence of the Czechoslovak Atomic Energy Commission (CAEC), which is the central authority of state administration in the field of utilization of nuclear energy. The latter deals with the State inspection for the nuclear safety of nuclear facilities. In accordance with this Act, the CAEC is the competent authority for the licensing and inspection of nuclear safety. In addition to the two main Acts, a series of CAEC Regulations govern nuclear activities (accounting and control of nuclear materials, radioactive waste management, physical protection, qualifications of personnel in nuclear facilities, quality assurance, etc.). There is no specific legislation governing nuclear third liability. The solution for the various shortcomings of the contemporary codification lies primarily in change of the present codification. This change, however, should not mean a general and indiscriminate ''destruction'' of the legal norms in force at present, but in gradual and purposive creation of an integral, legal system capable of reacting flexibly, the core of which would consist of an Act concerning the peaceful utilization of nuclear energy and on liability for nuclear damage. (author)

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

    Directory of Open Access Journals (Sweden)

    Oluwakemi Ololade Odukoya

    2016-07-01

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

  7. Electronic Democracy and Environmental Governance: A Survey of the States

    OpenAIRE

    Beierle, Thomas; Cahill, Sarah

    2000-01-01

    Just as information technology is rapidly changing how we work, shop, and play, it is changing how we practice democracy. This paper focuses on one area where the Internet is broadening public participation in governance: the administration of environmental laws and regulations. It describes a survey of how each of the 50 states is using the Internet to provide citizens with environmental information, gather public input on agency decisions, and foster networks of interested citizens. As "lab...

  8. Environmental justice: An issue for states

    Energy Technology Data Exchange (ETDEWEB)

    Murakami, L.K.; Davis, S.; Starkey, D. [National Conference of State Legislatures, Denver, CO (United States)

    1996-12-01

    Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class.

  9. Environmental justice: An issue for states

    International Nuclear Information System (INIS)

    Murakami, L.K.; Davis, S.; Starkey, D.

    1996-01-01

    Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1989-01-01

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

  11. The Present State of the Business Law Education of Accounting Students: The Business Law Professor's Perspective

    Science.gov (United States)

    Kocakulah, Mehmet C.; Austill, A. David; Long, Brett

    2009-01-01

    The article aims to provide Certified Public Accountant (CPA) candidates, accounting faculty, the American Institute of Certified Public Accountants (AICPA), and the state boards of accountancy with an insight into the business law professor's perspective concerning the legal education of accountants. This article first describes various factors,…

  12. Comparative environmental law and orientalism : reading beyond the 'text' of traditional knowledge protection

    OpenAIRE

    Vermeylen, Saskia Anna Filip

    2015-01-01

    This article uses traditional knowledge as a case study to address multiple discussions in the field of comparative law. First, it addresses the theoretical challenge of the role of comparative law as a critical research tool in the development of environmental law. Second, within the context of transnational legal processes, it questions the extent to which comparative law as a method can further the relationship between different levels of law making by distinct legal actors. It is timely t...

  13. 12 CFR 557.11 - To what extent does Federal law preempt deposit-related State laws?

    Science.gov (United States)

    2010-01-01

    ... Federal law preempt deposit-related State laws? (a) Under sections 4(a), 5(a), and 5(b) of the HOLA, 12 U... purposes of HOLA. (b) To further these purposes without undue regulatory duplication and burden, OTS hereby...

  14. Innovative Research on Teaching Model of Environmental Law Courses in China

    OpenAIRE

    Yuling Li

    2013-01-01

    At present, the teaching model of environmental law courses in China is mainly lecture-based learning (LBL) teaching model whose disadvantages are closeness, unidirection and weak teaching practice. This model does not fit in with the characteristics of environmental law courses and the objective changes of ecological civilized society for the demand of talents of environmental law. Therefore, we should actively reform the current single teaching model, learn from foreign advanced teaching co...

  15. 24 CFR 3500.13 - Relation to State laws.

    Science.gov (United States)

    2010-04-01

    .... (1) The Secretary may not determine that a State law or regulation is inconsistent with any provision... affiliated business arrangements are inconsistent with RESPA or this part, the Secretary may not construe... that are inconsistent with RESPA or this part are preempted to the extent of the inconsistency. However...

  16. The Passing on Defence Aviated Into State Aid Law

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2015-01-01

    to the low level of taxation, contested the Commission’s calculation of the amount to be recovered. The General Court found for the applicants and stated that the Commission should limit itself to ordering recovery of the advantage actually retained by the airlines, taking into account the competitive...... law, making it appealing from a perspective of coherence in the EU legal system....

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

    International Nuclear Information System (INIS)

    Erbguth, W.

    1987-01-01

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

  18. State Maternity/Parental Leave Laws. Facts on Working Women No. 90-1.

    Science.gov (United States)

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

    The status of state maternity/parental leave laws throughout the United States is depicted in eight figures and three tables. Information is reported by state for maternity/parental leave laws, months of available leave, maternity/family illness laws, days of leave for family illness, temporary disability insurance laws, temporary disability…

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

    Energy Technology Data Exchange (ETDEWEB)

    Schwanenfluegel, M von

    1991-01-15

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

  20. Opportunities of education in of environmental law in the form of e-learning

    International Nuclear Information System (INIS)

    Jurik, L.

    2005-01-01

    The environmental laws were originated as a result of endeavour about solving of unfavourable anthropogenic influences on the environment. In this presentation author presents system of e-learning of environmental laws. Historical aspects and principles of e-learning are discussed

  1. Environmental impact studies of projects be licensed under the Atomic Law

    International Nuclear Information System (INIS)

    Heuel-Fabianek, Burkhard; Lennartz, Reinhard

    2009-01-01

    The German Law on Environmental Impact Assessment (UVPG) defines projects to be licensed under the Atomic Law that require an environmental impact study (EIS). Since the project concepts as defined in the UVPG are often not the same as those defined in the Atomic Law (AtG), the licensing authority has to decide which project should be subjected to an EIA. Additionally, Article 37 of the EURATOM Treaty obliges every Member State to communicate certain data relating to the impact of emissions of radioactive substances to the Commission. This is independent of the EIA. A licence may only be granted by the competent authorities if an opinion has been received from the Commission pursuant to Article 37. In either case, the licensing authority is the first point of contact for the applicant if the question arises of whether a project has to be subjected to an EIA. A ''voluntary'' EIA should be regarded with caution because of the complexity of such a procedure within the licensing process requiring considerable resources of time and manpower, and the danger of a loss of credibility of the EIA. (orig.)

  2. Protecting the environment for future generations. Principles and actors in international environmental law

    Energy Technology Data Exchange (ETDEWEB)

    Proelss, Alexander (ed.) [Trier Univ. (Germany). Inst. of Environmental and Technology Law

    2017-08-01

    This book compiles the written versions of presentations held at the occasion of an international symposium entitled ''Protecting the Environment for Future Generations - Principles and Actors in International Environmental Law''. The symposium was organized by the Institute of Environmental and Technology Law of Trier University (IUTR) on the basis of a cooperation scheme with the Environmental Law Institute of the Johannes Kepler University Linz, Austria, and took place in Trier on 29-30 October 2015. It brought together a distinguished group of experts from Europe and abroad to address current issues of international and European environmental law. The main objective of the symposium was to take stock of the actors and principles of international and European environmental law, and to analyze how and to what extent these principles have been implemented on the supranational and domestic legal levels.

  3. Confederation and federation in the general theory of law and state and in positive law

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  4. Leveraging State And Local Law Enforcement Maritime Homeland Security Practices

    Science.gov (United States)

    2016-03-01

    recreation, national defense, and tourism . To understand the maritime homeland security efforts put into place after 9/11 better, a study of the practices...fire service venturing beyond its fire suppression or emergency medical services role and asserted the value of having firefighters better integrated...national defense, and tourism , so too must be the approach to maritime homeland security. This research examined only the role of state and local law

  5. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-07-01

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

  6. State Gun Law Environment and Youth Gun Carrying in the United States.

    Science.gov (United States)

    Xuan, Ziming; Hemenway, David

    2015-11-01

    Gun violence and injuries pose a substantial threat to children and youth in the United States. Existing evidence points to the need for interventions and policies for keeping guns out of the hands of children and youth. (1) To examine the association between state gun law environment and youth gun carrying in the United States, and (2) to determine whether adult gun ownership mediates this association. This was a repeated cross-sectional observational study design with 3 years of data on youth gun carrying from US states. The Youth Risk Behavior Survey comprises data of representative samples of students in grades 9 to 12 from biennial years of 2007, 2009, and 2011. We hypothesized that states with more restrictive gun laws have lower rates of youth gun carrying, and this association is mediated by adult gun ownership. State gun law environment as measured by state gun law score. Youth gun carrying was defined as having carried a gun on at least 1 day during the 30 days before the survey. In the fully adjusted model, a 10-point increase in the state gun law score, which represented a more restrictive gun law environment, was associated with a 9% decrease in the odds of youth gun carrying (adjusted odds ratio [AOR], 0.91 [95% CI, 0.86-0.96]). Adult gun ownership mediated the association between state gun law score and youth gun carrying (AOR, 0.94 [ 95% CI, 0.86-1.01], with 29% attenuation of the regression coefficient from -0.09 to -0.07 based on bootstrap resampling). More restrictive overall gun control policies are associated with a reduced likelihood of youth gun carrying. These findings are relevant to gun policy debates about the critical importance of strengthening overall gun law environment to prevent youth gun carrying.

  7. Environmental law and climate change : Volumes I & II

    NARCIS (Netherlands)

    Verschuuren, Jonathan

    Two volume set that brings together 54 of the most influential and important scientific journal articles in the field of climate law, thematically grouped together as follows: introducing climate law, theories and approaches, climate change mitigation, climate change adaptation, climate justice,

  8. THE IMPLEMENTATION OF LILIFUK CUSTOMARY LAW TOWARDS COASTAL ENVIRONMENTAL DEGRADATION OF KUPANG BAY

    Directory of Open Access Journals (Sweden)

    Ranny Christine Unbanunaek

    2017-02-01

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

  9. 27 CFR 31.4 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

    ... business contrary to the laws of such State or in places prohibited by municipal law; nor shall such... municipal law. 31.4 Section 31.4 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE... State and municipal law. Compliance with the requirements of this part shall not be held to exempt any...

  10. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

  11. "Just another hoop to jump through?" using environmental laws and processes to protect indigenous rights.

    Science.gov (United States)

    Middleton, Beth Rose

    2013-11-01

    Protection of culturally important indigenous landscapes has become an increasingly important component of environmental management processes, for both companies and individuals striving to comply with environmental regulations, and for indigenous groups seeking stronger laws to support site protection and cultural/human rights. Given that indigenous stewardship of culturally important sites, species, and practices continues to be threatened or prohibited on lands out of indigenous ownership, this paper examines whether or not indigenous people can meaningfully apply mainstream environmental management laws and processes to achieve protection of traditional sites and associated stewardship activities. While environmental laws can provide a "back door" to protect traditional sites and practices, they are not made for this purpose, and, as such, require specific amendments to become more useful for indigenous practitioners. Acknowledging thoughtful critiques of the cultural incommensurability of environmental law with indigenous environmental stewardship of sacred sites, I interrogate the ability of four specific environmental laws and processes-the Uniform Conservation Easement Act; the National Environmental Policy Act and the California Environmental Quality Act; the Pacific Stewardship Council land divestiture process; and Senate Bill 18 (CA-2004)-to protect culturally important landscapes and practices. I offer suggestions for improving these laws and processes to make them more applicable to indigenous stewardship of traditional landscapes.

  12. A State-by-State Analysis of Laws Dealing With Driving Under the Influence of Drugs

    Science.gov (United States)

    2009-12-01

    This study reviewed each State statute regarding drug-impaired driving as of December 2008. There : is a high degree of variability across the States in the ways they approach drug-impaired driving. : Current laws in many States contain provisions ma...

  13. American State Gun Law Strength and State Resident Differences in Neuroticism Levels

    Directory of Open Access Journals (Sweden)

    Stewart J. H. McCann

    2016-04-01

    Full Text Available Relations between state gun law strength and state-aggregated levels of Republican leaning, gun ownership, and resident Big Five neuroticism (based on 619,397 residents nationally were determined in a state-level analysis of the 50 American states using multiple regression strategies with state socioeconomic status, white population percent, and urban population percent statistically controlled. In a standard hierarchical model with state gun law strength as the criterion, the three demographic variables accounted for 44.4% of the variance and the Big Five accounted for another 21.9%. When the Big Five entered stepwise after the demographics, neuroticism was the sole significant personality predictor, accounting for another 13.4% of the variance. Greater state gun law strength was associated with higher state resident neuroticism. Further hierarchical regression analyses showed that state Republican leaning and gun ownership could account separately and jointly for significant variance in state gun law strength but not with state resident neuroticism controlled.

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

    Science.gov (United States)

    Klein, S. B.

    1980-01-01

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

  15. DINAMIKA UPAYA MELAKUKAN SINERGI ANTARA HUKUM PERDAGANGAN INTERNASIONAL DAN HUKUM LINGKUNGAN / INTERNATIONAL TRADE LAW AND ENVIRONMENTAL LAW SINERGY

    Directory of Open Access Journals (Sweden)

    Endra Wijaya

    2017-11-01

    Full Text Available Dalam aktivitas perdagangan internasional, kehadiran hukum menjadi suatu hal yang penting untuk mengatur dan membuat berjalannya unsur-unsur dalam perdagangan internasional menjadi efektif, efisien, dan berkeadilan. Secara perlahan-lahan, sistem perdagangan internasional mulai memasukkan isu hukum lingkungan hidup. Masuknya isu hukum lingkungan ke dalam sistem perdagangan internasional sudah dimulai sejak adanya kesadaran perlunya lingkungan hidup dijaga kelestariannya agar dapat menunjang pembangunan secara keseluruhan. Saat ini, isu hukum lingkungan tersebut memang sudah menjadi syarat penting bagi setiap hubungan perdagangan yang akan atau sedang dilakukan oleh para subjek hukum dalam perdagangan internasional. Fokus pembahasan makalah ini tertuju kepada persoalan bagaimana masuknya dan bersinerginya isu hukum lingkungan ke dalam sistem perdagangan internasional. Metode penelitian yang digunakan dalam melakukan pembahasan ialah metode kajian normatif, dengan menggunakan data sekunder yang diperoleh melalui penelusuran kepustakaan. In international trade activity, the law exists and becomes one of the important components to ensure the trading activity runs effectively, efficiently, and fair. Gradually, international trade system has started to embed environmental law issue to become its part of the system, and this process has begun since people realized that environment should be protected in order to support the sustainable development process. Currently, environmental law issue becomes an important condition for most of the international trade relations which are being done or will be done by subjects of the international trade. This paper focuses on how environmental law is being synergized within international trade system. The library research method will be used to explore that topic.

  16. Effectiveness Of Implementation Of Corporate Social Responsibility (CSR) In The Environmental Law Enforcement

    OpenAIRE

    Irwansyah; Gianto; Andi Syahwia

    2016-01-01

    Development in Indonesia refers to the concept of sustainable development (sustainable development ) and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility ( Cooperate Social Responsibility ) is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . T...

  17. X-ray core states, atomic size and Moseley's law

    International Nuclear Information System (INIS)

    Smith, D.Y.; Karstens, William

    2000-01-01

    Vinti's dipolar sum-rule for the spatial extent of quantum states was tested on atomic K-shell and ns valence states. Agreement between radii derived from absorption spectra and from atomic-structure calculations is excellent, provided Pauli-principle-prohibited transitions are accounted for. These many-electron corrections to the single-electron sum-rule contributed less than 20% to the radii, which supports application of single-electron rules to electron-excess defects as a first approximation. We found the oscillator strength for K-shell excitations decreases rapidly with atomic number because of strength transfer to higher-lying p states. Hence, K-shell contributions to radiation damage decrease with increasing atomic number. A new interpretation of Moseley's law for the X-ray K edge in terms of K-shell radii is described

  18. 20 CFR 601.2 - Approval of State unemployment compensation laws.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Approval of State unemployment compensation... unemployment compensation laws. States may at their option submit their unemployment compensation laws for... Employment and Training Administration (ETA), one copy of the State unemployment compensation law properly...

  19. Climate engineering field research : The favorable setting of international environmental law

    NARCIS (Netherlands)

    Reynolds, J.L.(Jesse)

    2014-01-01

    As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering

  20. The responsibilities of the in-plant environmental protection officer under civil law and under criminal law

    International Nuclear Information System (INIS)

    Salje, P.

    1993-01-01

    The scope of responsibilities of the in-plant environmental protection officer covers a wide range of tasks: Water protection, waste management, control of emissions for air pollution abatement, emergency preparedness, radiological protection. What are the consequences for the EP officer in case of neglect? This is the topic of the contribution, discussed from the viewpoint of criminal law and private law. The criminal liability of the EP officer results from the EP officer committing an offence either by wilful act or by neglect, it, in the latter case, the officer is in a warranty position. Under private law, the EP officer is subject to third party liability within the framework defined by Paragraph 823 BGB. There is no possibility for him to claim restriction of liability refering to the enhanced risks involved in his job. Hence a sound professional indemnity insurance is recommendable. (orig.) [de

  1. Social Security Number Protection Laws: State-by-State Summary Table

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

    As state policymakers implement statewide longitudinal data systems that collect, store, link and share student-level data, it is critical that they understand applicable privacy and data security standards and laws designed to ensure the privacy, security, and confidentiality of that data. To help state policymakers navigate this complex legal…

  2. Separating Batterers and Guns: A Review and Analysis of Gun Removal Laws in 50 States

    Science.gov (United States)

    Frattaroli, Shannon; Vernick, Jon S.

    2006-01-01

    Firearms play an important role in lethal domestic violence incidents. The authors review state laws regarding two policies to separate batterers from firearms: laws authorizing police to remove firearms when responding to a domestic violence complaint ("police gun removal laws") and laws authorizing courts to order guns removed from batterers…

  3. Pollution from offshore installations: a case-study of marine pollution in the context of general environmental law

    International Nuclear Information System (INIS)

    Gavouneli, Maria.

    1994-01-01

    The purpose of this thesis is to examine the present state of affairs regarding the legal rules for the control of pollution caused by activities related to offshore installations. But, since pollution from offshore installations is but a form of marine pollution, such an examination can only take place within the wider framework of general environmental law. The true impact of even the more precise rules on offshore installations cannot be fully appreciated unless we have a comprehensive understanding of how the whole system of environmental protection works. I will endeavour to incorporate such considerations in the discussion of offshore problems, as I consider the latter an application of wider principles operating even beyond the field of environmental law. (UK)

  4. Paradise Islands? Island States and Environmental Performance

    Directory of Open Access Journals (Sweden)

    Sverker C. Jagers

    2016-03-01

    Full Text Available Island states have been shown to outperform continental states on a number of large-scale coordination-related outcomes, such as levels of democracy and institutional quality. The argument developed and tested in this article contends that the same kind of logic may apply to islands’ environmental performance, too. However, the empirical analysis shows mixed results. Among the 105 environmental outcomes that we analyzed, being an island only has a positive impact on 20 of them. For example, island states tend to outcompete continental states with respect to several indicators related to water quality but not in aspects related to biodiversity, protected areas, or environmental regulations. In addition, the causal factors previously suggested to make islands outperform continental states in terms of coordination have weak explanatory power in predicting islands’ environmental performance. We conclude the paper by discussing how these interesting findings can be further explored.

  5. Royal Decree-Law 1302/1986 of 28 June 1986 on environmental impact studies

    International Nuclear Information System (INIS)

    1986-01-01

    This Royal Decree-Law (No 1302/1986) of 28th June 1986 was published in the Official Gazette of 30th June 1986. The purpose of this Decree-Law is to provide for assessments of the environmental impact of certain projected installations and activities. The installations and activities requiring environmental impact studies are listed in the Annex to the Decree-Law and include nuclear power plants and other nuclear reactors (excluding those whose thermal power does not exceed 1 kW) as well as installations for the disposal and final storage of radioactive waste (NEA) [fr

  6. Effectiveness Of Implementation Of Corporate Social Responsibility (CSR In The Environmental Law Enforcement

    Directory of Open Access Journals (Sweden)

    Irwansyah

    2016-09-01

    Full Text Available Development in Indonesia refers to the concept of sustainable development (sustainable development and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility ( Cooperate Social Responsibility is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . Through Law No. 40 Year 2007 regarding Limited Liability Company , specifically in Article 74, in response to the action of the business world to social and environmental causes damages to society . But in application / CSR implementation will be undertaken by the company is not maximized with implications for the enforcement of environmental law.

  7. The immunity of states and their officials in international criminal law and international human rights law

    NARCIS (Netherlands)

    van Alebeek, R.

    2008-01-01

    * Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

  8. EU Energy Law. Volume 3. EU Environmental Law and Energy Markets

    International Nuclear Information System (INIS)

    Werring, L.; Bertoldi, P.; Bowie, R.; Hodson, P.; Lorentzen, J.; Vaggen Malvik, H.; Toth, A.; Yordi, B.; Hancher, L.

    2006-03-01

    In recent years an unprecedented range of legislation has been adopted by the Council and European Parliament giving effect to Euope's commitment to tackle climate change. This has resulted in important new obligations being placed on almost all levels of business as well as providing major new business opportunities and creating new markets. The volume is written for lawyers and specialist advisers as well as those involved in business responsible for implementing these new laws on a daily basis

  9. Mandatory Corporate Social and Environmental Responsibilities in the New Indonesian Limited Liability Law

    Directory of Open Access Journals (Sweden)

    Yu Un Oppusunggu

    2011-01-01

    Full Text Available On 16 August 2007 President Susilo Bambang Yudhoyono signed the Bill of Limited Liability Company, as approved by the Parliament, and consequently it became the Law No. 40 of Year 2007 regarding Limited Liability Company. The law revokes the then existing Law No. 1 of Year 1995. This law has 14 chapters and 161 articles, and introduces new provision on, inter alia, corporate social and environmental responsibilities (CSER. The legislators have specifically dedicated Chapter V and its Article 74 to this effect. CSER is defined as commitment of the Company to participate in sustainable economic development with the intention of increasing the living quality and beneficial environment for the Company itself, the surrounding communities, and public in general. This article discusses CSER as stipulated in the Law in relation the logic of a limited liability company. It analyzes the necessity of stipulating it in the Law in relation to the objective of a limited liability company.

  10. 27 CFR 46.94 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

    ... penalty or punishment provided by the laws of any State for carrying on any trade or business within that... a person engaged in business in violation of State law. The stamp is not a Federal permit or license... municipal law. 46.94 Section 46.94 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE...

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

    Science.gov (United States)

    Ziebarth, Todd; Palmer, Louann Bierlein

    2018-01-01

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

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

    Directory of Open Access Journals (Sweden)

    A du Plessis

    2006-05-01

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

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

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2016-01-01

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

  14. The precautionary principle in international environmental law and international jurisprudence

    OpenAIRE

    Tubić, Bojan

    2014-01-01

    This paper analysis international regulation of the precautionary principle as one of environmental principles. This principle envisages that when there are threats of serious and irreparable harm, as a consequence of certain economic activity, the lack of scientific evidence and full certainty cannot be used as a reason for postponing efficient measures for preventing environmental harm. From economic point of view, the application of precautionary principle is problematic, because it create...

  15. Vehicular air pollution and environmental tax law in Brazil: proposed tax restructuring for sustainable development

    Directory of Open Access Journals (Sweden)

    Pedro Monteiro Machado de Almeida Penna

    2013-12-01

    Full Text Available This work presents a restructuring of taxes in the automotive sector in Brazil in order to foster sustainable development. Personal vehicles, trucks or buses emit gases that contribute to global warming and cause human health problems. There are policies in Brazil to reduce the emission of air pollutants from vehicles; however, these neither punish the polluter nor provide for damage compensation. The Tax Law, with the Constitutional Polluter Pays Principle, is an efficient instrument for State intervention in the economy. The work compared environmental and economic views regarding fuel and both personal and public vehicles. We estimated the environmental benefits of recycling vehicles in use more than 10 years, taking into consideration pollution engendered in the manufacture of a new vehicle. Finally, we propose to unify vehicular taxation when the vehicle is acquired, by ending the ICMS and PIS / COFINS taxes on fuels and instead taxing CIDE-fuels, without reducing overall collection by the Brazilian government. The ensuing revenue would be used for repairing environmental damages. We have also made suggestions for the improvement of public policies to control emissions of atmospheric pollutants.

  16. Documentation of the 40th scientific symposium of the Society for Environmental Law e.V., Leipzig 2016

    International Nuclear Information System (INIS)

    2017-01-01

    The documentation for the 40th scientific symposium of the Society for Environmental Law (GfU) in November 2016 in Leipzig offers illuminating insights into the state of discussions among German environmental law experts. TThe following focal points were at the centre of the jurisprudence debate: Four decades of immission control law (Prof. Dr. Alexander Schink, Bonn) - Legal problems of change approval (Prof. Dr. Olaf Reidt, Berlin) - Species protection law in the project approval (Judge at the BVerwG Dr. Dr. Ulrike Bick, Leipzig, Dr. Katrin Wulfert, Bochum) - Over-planning of infrastructure on the example of energy route planning (Dr. Tom Pleiner, Berlin) - The Nagoya Protocol and its implementation in the EU and Germany - Background and possible consequences for legal practice (Thomas Ebben, LL.M., Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, Bonn). The conference proceedings contain these articles of the symposium, the summary of the subsequent discussions as well as the contributions of the GfU-Forum, which is aimed especially at young environmental lawyers. [de

  17. State-level gonorrhea rates and expedited partner therapy laws: insights from time series analyses.

    Science.gov (United States)

    Owusu-Edusei, K; Cramer, R; Chesson, H W; Gift, T L; Leichliter, J S

    2017-06-01

    In this study, we examined state-level monthly gonorrhea morbidity and assessed the potential impact of existing expedited partner therapy (EPT) laws in relation to the time that the laws were enacted. Longitudinal study. We obtained state-level monthly gonorrhea morbidity (number of cases/100,000 for males, females and total) from the national surveillance data. We used visual examination (of morbidity trends) and an autoregressive time series model in a panel format with intervention (interrupted time series) analysis to assess the impact of state EPT laws based on the months in which the laws were enacted. For over 84% of the states with EPT laws, the monthly morbidity trends did not show any noticeable decreases on or after the laws were enacted. Although we found statistically significant decreases in gonorrhea morbidity within four of the states with EPT laws (Alaska, Illinois, Minnesota, and Vermont), there were no significant decreases when the decreases in the four states were compared contemporaneously with the decreases in states that do not have the laws. We found no impact (decrease in gonorrhea morbidity) attributable exclusively to the EPT law(s). However, these results do not imply that the EPT laws themselves were not effective (or failed to reduce gonorrhea morbidity), because the effectiveness of the EPT law is dependent on necessary intermediate events/outcomes, including sexually transmitted infection service providers' awareness and practice, as well as acceptance by patients and their partners. Published by Elsevier Ltd.

  18. Environmental performance reviews: United States

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2006-01-15

    This book presents OECD assessments and recommendations regarding the United States' effort to manage its environment including air, water nature, and biodiversity to do this in a sustainable manner; and to do this in co-operation with its global neighbours. In particular, it assesses progress made since 1996, when OECD's previous review on the US was done. 40 figs., 21 tabs.

  19. Is climate change an unforeseen, irresistible and external factor - A force majeure in marine environmental law?

    Science.gov (United States)

    Saul, Roxanne; Barnes, Richard; Elliott, Michael

    2016-12-15

    Several environmental laws include provisions on natural causes or force majeure, which except States from their commitments if it can be proven that the failure to meet the commitment is due to factors outside their control. The European Union Marine Strategy Framework Directive (MSFD) has a pivotal role in managing EU marine waters. This paper analyses natural causes and force majeure provisions of the MFSD and other marine legislation, and addresses their interaction with climate change and its consequences, especially the effect on the obligation of ensuring seas are in Good Environmental Status. Climate change is an exogenic unmanaged pressure in that it emanates from outside the area being managed but in which the management authority has to respond to the consequences of climate change, such as sea level rise and temperature elevation, rather than its causes. It is suggested that a defence by a Member State of force majeure may be accepted if an event was proven to be due to an externality of control, irresistible and unforeseeable. The analysis contends that countering such a legal defence would centre on the fact that climate change is a well-accepted phenomenon, is foreseen with an accepted level of confidence and probability and is due to human actions. However, as yet, this has not been legally tested. Copyright © 2016 Elsevier Ltd. All rights reserved.

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

    Science.gov (United States)

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

    2008-02-01

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

  1. State contraceptive coverage laws: creative responses to questions of "conscience".

    Science.gov (United States)

    Dailard, C

    1999-08-01

    The Federal Employees Health Benefits Program (FEHBP) guaranteed contraceptive coverage for employees of the federal government. However, opponents of the FEHBP contraceptive coverage questioned the viability of the conscience clause. Supporters of the contraceptive coverage pressed for the narrowest exemption, one that only permit religious plans that clearly states religious objection to contraception. There are six of the nine states that have enacted contraceptive coverage laws aimed at the private sector. The statutes included a provision of conscience clause. The private sector disagrees to the plan since almost all of the employees¿ work for employers who only offer one plan. The scope of exemption for employers was an issue in five states that have enacted the contraceptive coverage. In Hawaii and California, it was exemplified that if employers are exempted from the contraceptive coverage based on religious grounds, an employee will be entitled to purchase coverage directly from the plan. There are still questions on how an insurer, who objects based on religious grounds to a plan with contraceptive coverage, can function in a marketplace where such coverage is provided by most private sector employers.

  2. 12 CFR 34.4 - Applicability of state law.

    Science.gov (United States)

    2010-01-01

    ... laws that obstruct, impair, or condition a national bank's ability to fully exercise its Federally... exercise of national banks' real estate lending powers: (1) Contracts; (2) Torts; (3) Criminal law; 2 2 But... and transfer of real property; (7) Taxation; (8) Zoning; and (9) Any other law the effect of which the...

  3. Environmental Change and Human Mobility: Trends, Law and Policy

    Directory of Open Access Journals (Sweden)

    Susan F. Martin

    2017-10-01

    Full Text Available Enhancing the protection of persons displaced by natural disasters and the impacts of climate change will require sustained attention. This article identifies practical solutions, many of which are currently under consideration by governments and international organizations, to improve the lives of millions of people affected by environmental crises. It begins with a brief overview of why people move, the nature of those movements, and the relationship between human mobility and adaptation to environmental change by highlighting three types of mobility – migration, displacement and planned relocation. Next, the international and regional level will be discussed, with particular focus on legislative and policy frameworks for addressing human mobility in the context of environmental change. The article identifies gaps in existing frameworks as well as recent efforts to address them, particularly through mini-multilateral initiatives aimed at identifying principles and practices that should guide governmental action. The article concludes that efforts to improve responses require a better evidence base than currently exists on issues such as the environmental determinants of migration, displacement and planned relocation; the multi-faceted ways in which environmental factors relate to the many other causes of population movements in the cases of human mobility; and the impact of such movements on the well-being of migrants, communities of origin, and communities of destination.

  4. Report on state liability for radioactive materials transportation incidents: A survey of laws

    International Nuclear Information System (INIS)

    1989-10-01

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

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

    Directory of Open Access Journals (Sweden)

    O. L. Yevmieshkina

    2016-03-01

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

  6. An insight into environmental laws in Canada | Jhansi | African ...

    African Journals Online (AJOL)

    African Journal of Environmental Science and Technology. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 7, No 4 (2013) >. Log in or Register to get access to full text downloads. Username, Password, Remember me, or Register · Download this PDF file. The PDF ...

  7. 7 CFR 762.128 - Environmental and special laws.

    Science.gov (United States)

    2010-01-01

    ... whether there are any potential impacts to a 100 year floodplain as defined by Federal Emergency... the provisions of § 363 of the Act, the Food Security Act of 1985, and Executive Order 11990 relating... contamination from release of hazardous substances, petroleum products, or other environmental hazards and...

  8. Motivational Postures and Compliance with Environmental Law in Australian Agriculture

    Science.gov (United States)

    Bartel, Robyn; Barclay, Elaine

    2011-01-01

    Motivational posture theory is applied and extended to the context of Australian agriculture and environmental regulation. Regulatory failure in this area has been observed but little was known of the compliance attitudes and behaviours of farmers prior to this study. Agriculture covers over 60% of Australia's land surface so this information is…

  9. Men Who have Sex with Men Who Believe that Their State has a HIV Criminal Law Report Higher Condomless Anal Sex than Those Who are Unsure of the Law in Their State.

    Science.gov (United States)

    Horvath, Keith J; Meyer, Craig; Rosser, B R Simon

    2017-01-01

    We assessed the effects of beliefs about state HIV criminal law on condomless anal sex (CAS law(s) or where a HIV-related arrest, prosecution, or sentence enhancement (APSE) had occurred. Three-quarters of MSM reported that they were unsure of the law in their state. Men who believed there was a HIV law in their state but lived in states without any or a sex-specific HIV criminal law(s) had higher probabilities of CAS compared to those who were unsure of their state's law; men who believed there was a HIV law in their state and lived in a state where an APSE had occurred had higher probabilities of CAS compared to those who were unsure of their state's law. Correct knowledge of state law was not associated with CAS. Findings suggest that HIV criminal laws have little or counter-productive effects on MSM's risk behavior.

  10. New environmental criminal law, effects and enforcement in practice; Neues Umweltstrafrecht und betriebliche Praxis

    Energy Technology Data Exchange (ETDEWEB)

    Knopp, L.

    1994-11-20

    Since the November 1, 1994 a more comprehensive and clearly tighter environmental criminal law is in force. With the amendment of the law defects and gaps of the previous environmental criminal administrative offence law are to be closed in order to imporve also the efficient flight against behaviour or measures which are detrimental or harmful to the environment. The author explains the most important new regulations and shows the effects of the enforcement of the law in practice. (orig.) [Deutsch] Seit 1.11.1994 gilt ein erweitertes und deutlich verschaerftes Umweltstrafrecht. Mit der Gesetzesnovelle sollen Luecken und Maengel des bislang geltenden Umweltstraf- und Ordnungswidrigkeitenrechts beseitigt werden, um damit zugleich eine wirksamere Bekaempfung umweltschaedlicher und umweltgefaehrlicher Handlungen zu verbessern. Der Autor gibt einen Ueberblick ueber die wichtigsten Neuregelungen und zeigt die Auswirkungen fuer die betriebliche Praxis auf. (orig.)

  11. Developments in environmental and engineering law in 1990. Section VI. Atomic energy and radiation protection law

    International Nuclear Information System (INIS)

    Brandner, T.

    1991-01-01

    Section VI is devoted to the development of atomic and radiation protection law in the period between 1.1.1990-31.1.1991. Through the debate on the greenhouse effect, nuclear power has recently become more attractive again as an energy carrier. Legislation took place in the EC (import conditions after the Chernobyl accident, maximum radioactivity values in animal feeds) and in Germany (statutory order on the establishment of a Radiation Protection Register, special provisions for the acceded territories of the former GDR). The following individual questions are discussed: Federal supervision - decision of the Federal Constitutional Court of 22.5.1990 on the fast breeder reactor with regard to the right to issue orders; nuclear disposal - decision of the Federal Administrative Court on the Gorleben salt dome with regard to planning procedure. (HSCH) [de

  12. Statutory Requirements of Teacher Contract Laws: A Comparison of the 50 States' Continuing Contract and Teacher Tenure Laws.

    Science.gov (United States)

    Gorkom, Kris Van

    This publication summarizes and compares legal provisions covering teacher tenure and contracts for each of the 50 states. The report is organized in three sections. Section 1 presents a summary comparison of the provisions of Washington's teacher contract law with corresponding statutory requirements of the other 49 states. Section 2 identifies…

  13. The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law

    International Nuclear Information System (INIS)

    Peters, H.J.

    1995-01-01

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

  14. New England States environmental radiation surveillance programs

    International Nuclear Information System (INIS)

    Molloy, E.J.

    1980-01-01

    An overview of the environmental radiation surveillance programs in the New England States from the viewpoint of their organization and administration is provided. Moreover, the specific monitoring and analytical programs conducted at selected sites in each state is detailed with emphasis on sample types, collection frequencies, and analysis. Also, a comparison is made between the programs of all the states in order to determine the reasons for their differences

  15. Does environmental policy affect scaling laws between population and pollution? Evidence from American metropolitan areas.

    Science.gov (United States)

    Muller, Nicholas Z; Jha, Akshaya

    2017-01-01

    Modern cities are engines of production, innovation, and growth. However, urbanization also increases both local and global pollution from household consumption and firms' production. Do emissions change proportionately to city size or does pollution tend to outpace or lag urbanization? Do emissions scale differently with population versus economic growth or are emissions, population, and economic growth inextricably linked? How are the scaling relationships between emissions, population, and economic growth affected by environmental regulation? This paper examines the link between urbanization, economic growth and pollution using data from Metropolitan Statistical Areas (MSAs) in the United States between 1999 and 2011. We find that the emissions of local air pollution in these MSAs scale according to a ¾ power law with both population size and gross domestic product (GDP). However, the monetary damages from these local emissions scale linearly with both population and GDP. Counties that have previously been out of attainment with the local air quality standards set by the Clean Air Act show an entirely different relationship: local emissions scale according to the square root of population, while the monetary damages from local air pollution follow a 2/3rds power law with population. Counties out of attainment are subject to more stringent emission controls; we argue based on this that enforcement of the Clean Air Act induces sublinear scaling between emissions, damages, and city size. In contrast, we find that metropolitan GDP scales super-linearly with population in all MSAs regardless of attainment status. Summarizing, our findings suggest that environmental policy limits the adverse effects of urbanization without interfering with the productivity benefits that manifest in cities.

  16. The independent Baltic states: Maritime law and resource management implications

    International Nuclear Information System (INIS)

    Canfield, J.L.

    1993-01-01

    The achievement of independence by the Baltic states impacts nearly all aspects of the maritime law and resource management regimes appertaining to the Baltic Sea. The unique position of these states, given their maritime history and role as a bridge between East and West, warrants reconsideration. The Baltic Sea basin is among the most highly industrialized shorelines in the world, accounting for approximately 15% of world industrial output, and is relatively dense in population. Large quantities of pollutants water its waters by way of industrial, agricultural, and municipal waste. A lack of adequate sewage treatment accounts for much of the waste. The Baltic is also especially sensitive to oil pollution as the relatively cold water inhibits bacteriological breakdown. Important issues of maritime border delimitation, treaty devolution, and the potential for reinstitution of exclusionary regimes reappeared with the attainment of independence. Further, the legacy of Soviet maritime environment and resource management has engendered fundamental political, social, and economic conflicts for which resources and effective management structures are lacking. The competing requirements of economic development, reintegration into Western markets, and management of critical marine resources highlights the need for comprehensive and regionally focused approaches to the problems identified

  17. Soft law in EU Competition Law and its judicial reception in member states : A theoretical perspective

    NARCIS (Netherlands)

    Georgieva, Z.R.

    2015-01-01

    This work draws from accounts on the nature and legal effects of soft law instruments in EU and international law with the ultimate aim to construct a theoretical framework for recognition of EU competition soft law—guidelines, communications, notices, and the like—in the judicial discourse of

  18. A Systematic Evaluation of State Laws Governing Optometric Glaucoma Management in the United States Upto 2015.

    Science.gov (United States)

    Chodnicki, Kevin; Kalarn, Sachin; Quinn, Laura; Jampel, Henry; Saeedi, Osamah

    2018-03-01

    To describe state laws that govern the optometric practice of glaucoma management in the United States and to correlate those laws with state demographics upto 2015. We performed a cross-sectional ecological study of the 50 United States and the District of Columbia. Regulations governing optometric scope of practice as written by each state Board of Optometry were reviewed. Specific optometric privileges assessed included: ability to manage glaucoma independently, use of diagnostic pharmaceutical agents, use of therapeutic pharmaceutical agents (including topical and oral steroids and other oral pharmaceutical agents), IV injections, intraocular injections, therapeutic lasers, presence of defined referral, and comanagement guidelines, and hours of yearly continuing education needed for glaucoma management. Optometric privilege was compared with demographic and employment information for each state. Optometrists in all states, except for Massachusetts, and the District of Columbia are allowed to manage glaucoma; 16 states have defined comanagement guidelines. Therapeutic lasers are allowed in 3 states: Kentucky, Louisiana, and Oklahoma. States with defined comanagement guidelines had a mean of 6.9±1.9 ophthalmologists per 100,000 people, significantly more than the 5.3±1.1 in states without defined comanagement of glaucoma (Pstate, the less likely there is to be defined comanagement [β (SE)=-0.008 (0.003), P=0.02] and the greater the number of ophthalmologists in a given state, the more likely a state has defined comanagement [β (SE)=-0.13 (0.006)]. There is a diversity of regulations that govern optometric management of glaucoma in each of the 50 states and the District of Columbia. The number of optometrists and ophthalmologists in a state may influence state regulations governing optometric practice and referral guidelines.

  19. Extension of the protection of the individual against environmental encroachments - a task for private and public law

    International Nuclear Information System (INIS)

    Ronellenfitsch, M.; Wolf, R.

    1986-01-01

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

  20. Environmental Report Utah State Prison Geothermal Project

    Energy Technology Data Exchange (ETDEWEB)

    None

    1980-03-01

    This environmental report assesses the potential impact of developing a geothermal resource for space heating at the Utah State Prison. Wells will be drilled on prison property for production and for injection to minimize reservoir depletion and provide for convenient disposal of cooled fluid. The most significant environmental concerns are the proper handling of drilling muds during well drilling and the disposal of produced water during well testing. These problems will be handled by following currently accepted practices to reduce the potential risks.

  1. The Education of Law Librarians in the United States from the Library School Perspective

    Science.gov (United States)

    Jaeger, Paul T.; Gorham, Ursula

    2017-01-01

    In the United States, the occupation of law librarianship has existed longer than the American Library Association, and law librarians have their own professional organization that is now more than 100 years old. Throughout this history, however, the related issues of degree requirements and education standards for law librarians have been…

  2. Non-state actors in control of territory as 'actors of protection' in international refugee law

    NARCIS (Netherlands)

    Karavias, M.

    2015-01-01

    This article examines the concept of non-state ‘actors of protection’ in international refugee law. This concept breaks with traditional State-centric readings of international law, as it connotes that a non-state actor may offer ‘protection’ against persecution, comparable to that normally offered

  3. 49 CFR 24.208 - Aliens not lawfully present in the United States.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false Aliens not lawfully present in the United States... Requirements § 24.208 Aliens not lawfully present in the United States. (a) Each person seeking relocation... of an individual, that he or she is either a citizen or national of the United States, or an alien...

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

    Science.gov (United States)

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

    2014-09-01

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

  5. The European Union's Role in the Development of Global Environmental Law

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    2017-01-01

    This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law.......This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law....

  6. Does environmental ethics found on natural law. Naturrechtliche Begruendung der Umweltethik

    Energy Technology Data Exchange (ETDEWEB)

    Irrgang, B.

    1991-08-09

    The author discusses various basic concepts of natural law; naturalistic and metaphysical fallacies, natural law and theory on human action developed by St. Thomas Aquinas. The author concludes by advocating an ethics for result assessment based on moral principles, and, in the case of environmental ethics in particular on justice (equal treatment, appropriateness, respect for those at a disadvantage and fairness between the gneerations). The same criterions should apply to matters concerning the ethics of energy generation, genetic engineering and economic and environmental ethics. (orig./HSCH).

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

    Science.gov (United States)

    Dimick, Chris

    2009-08-01

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

  8. International Environmental Law and Naval War Newport paper no. 15

    Science.gov (United States)

    2000-12-01

    the Licensing State (X.3). Writing in the beginning of the 1970s, Professor Szasz noted that the hesita- tion of the United States to ratify the...see too UNCC, Well Blowout Control Claim (1996), 36 ILM (1997), 1289 at para 85. 37. Szasz , in 85 ASIL Proceedings (1991), 219; Momtaz, 37 AFDI (1991...1991), 401–2; Szasz , in 85 ASIL Proceedings (1991), 216; Witteler, op. cit., 239. 140. If the opening of valves and the setting alight of oil wells is

  9. A Case for Criminal Enforcement of Federal Environmental Laws

    Science.gov (United States)

    1989-02-19

    enforcement scheme can actually contribute to improper disposal. Szasz , Corporations. Organized Crime. and the Disposal of Hazardous Waste: An...the Syndicate Control Mystiaue, 1 Nat’l Envtl. Enforcement J. 3 (Dec. 1986). 150. See Szasz , supra note 79. 151. United States v. MacDonald & Watson

  10. The law of corresponding states and surface tension of metals

    International Nuclear Information System (INIS)

    Digilov, R.

    2001-01-01

    Full Text: Surface tension of liquid metals is one of fundamental and most important quantities in theory and practice of material processing and its temperature dependence leads to the well-known Marangoni convection. Although currently methods are sufficiently precise to measure the surface tension, there are uncertainties in experimental data and its temperature dependence mainly due to impurity, which even a trace of it strongly affects the results of measurements. The theoretical treatment from the first principles is unwieldy and not always permits one to calculate the surface tension with certainty. Another active research field deals with empirical correlation between the surface tension and bulk thermodynamic properties, which we interpret as a simple consequence of the law of corresponding states. In order to relate the surface tension and to bulk properties of liquid metals the reduced formula is derived by scaling with the melting point T m (0) at p = 0 and atomic volume Ω 0 2/3 at T = 0 K as macroscopic parameters for scaling ε and a characterizing the interatomic potential in metals. The reduced surface tension and the reduced surface entropy obtained in high temperature limit are discussed and compared with the experiment. The reduced temperature coefficient of the surface tension found is a universal constant for the metals of the same structure. It is shown that pressure dependence of the surface tension, so called baric coefficient of the surface tension, can be described by pressure dependence of scaling parameters T m (p) and Ω 0 (p). (author)

  11. Islamic bioethics: between sacred law, lived experiences, and state authority.

    Science.gov (United States)

    Padela, Aasim I

    2013-04-01

    There is burgeoning interest in the field of "Islamic" bioethics within public and professional circles, and both healthcare practitioners and academic scholars deploy their respective expertise in attempts to cohere a discipline of inquiry that addresses the needs of contemporary bioethics stakeholders while using resources from within the Islamic ethico-legal tradition. This manuscript serves as an introduction to the present thematic issue dedicated to Islamic bioethics. Using the collection of papers as a guide the paper outlines several critical questions that a comprehensive and cohesive Islamic bioethical theory must address: (i) What are the relationships between Islamic law (Sharī'ah), moral theology (uṣūl al-Fiqh), and Islamic bioethics? (ii) What is the relationship between an Islamic bioethics and the lived experiences of Muslims? and (iii) What is the relationship between Islamic bioethics and the state? This manuscript, and the papers in this special collection, provides insight into how Islamic bioethicists and Muslim communities are addressing some of these questions, and aims to spur further dialogue around these overaching questions as Islamic bioethics coalesces into a true field of scholarly and practical inquiry.

  12. Blasphemy in a secular state: some reflections | Fikre | Mizan Law ...

    African Journals Online (AJOL)

    However, the shift observed within the international human rights discourse tends to consider anti-blasphemy laws as going against freedom of expression. The recent Human Rights Committee General Comment No. 34 calls for a restrictive application of these laws for the full realisation of many of the rights within the ...

  13. Contesting sharia : state law, decentralization and Minangkabau custom

    NARCIS (Netherlands)

    Huda, Yasrul

    2013-01-01

    This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes

  14. The United States Copyright Law: A Guide for Music Educators

    Science.gov (United States)

    Music Educators Journal, 1978

    1978-01-01

    On October 19, 1976, President Ford signed the nation's first comprehensive revision of our copyright law since 1909. It became fully effective on January 1, 1978 and it is a law that will need to be understood by music educators both to improve their teaching and to protect themselves and their schools from incurring liability or being sued. This…

  15. Law Libraries in the Western Region/State of Nigeria.

    Science.gov (United States)

    Okewusi, Peter Agboola

    1988-01-01

    Reviews the establishment of the Western Regional Ministry of Justice in Nigeria and the subsequent development of law libraries to aid that agency. The functions of the ministry, staffing, and services of the law libraries, and the establishment of a printing office for government publications are described. (5 references) (CLB)

  16. Sovereignties in Conflict: Socio-environmental Mobilization and the Glaciers Law in Argentina

    OpenAIRE

    Lucas Christel; Daniel Torunczyk

    2017-01-01

    Until 2010, the cycle of socio-environmental mobilization in Argentina against transnational mining that began in 2003 had influenced legislative power only at subnational levels. The enactment of the Glaciers Law in 2010 constituted the first time that socio-environmental mobilization successfully influenced legislative power at the federal level. This article makes a double contribution to the analysis of this type of conflict. In theoretical terms, through the notion of “sovereignties in c...

  17. Decree Law No. 38/90 of 8 November 1990 providing for environmental impact assessments

    International Nuclear Information System (INIS)

    1990-01-01

    This Decree, made in implementation of Decree-Law No. 186/90 on environmental protection, provides that prior to any licence being granted to any project, including nuclear installations, the licensing authority must be provided with an environmental impact study of the planned installation. This study must include a description of the project, its site, its operational characteristics, physical, geological, hydrological, ecological, demographic data, as well as information on the quality of the environment [fr

  18. Environmental radiation monitoring in Sao Paulo state

    International Nuclear Information System (INIS)

    Agudo, E.G.; Albuquerque, A.M. de; Vasconcellos, N.V. de

    1991-01-01

    The results of environmental radiation monitoring that CETESB (Technological Company of Environmental Sanitation of Sao Paulo) does in influence areas of radioactive materials store of Nuclemon Minero-Quimica S.A. in the municipality of Itu, Sao Paulo State, are presented. The data comprises the period of 1983-1990 with information about concentration levels of radium-225 in underground and superficial waters of the region. On March, 1989, was detected contamination in a well near of the stores. The levels observed, its implications in terms of health risks and possible causes of event are discussed too. The goals that CETESB intends to reach in terms of monitoring of environmental radiation in Sao Paulo State are also presented. (C.M.)

  19. On the concept and legal nature of sustainable development: Does 'environmental law' exist?

    Directory of Open Access Journals (Sweden)

    Prica Miloš

    2014-01-01

    Full Text Available The idea of sustainable development has developed within the triangular framework of economic, social and environmental policy. It has been the result of man's endeavor in the course of development of mankind to harmonize the relations between economy and ecology for the purpose of satisfying the present needs but without endangering the prospects of future generations to satisfy their own needs. The principle of sustainable development has been present in the international legislation for the past 40 years. The antagonism between economy and ecology has never ceased. Quite the reverse, at the beginning of the 21st century, mankind has encountered the dramatic effects of the rampant global politics and the unpromising prospects of man's subsistence and development. The reason is certainly to be found in the fact that the environment protection policy does not have an adequate legal framework, which is not a matter of legal technique but a matter of substance in global politics. Consequently, this discussion on the legal nature of sustainable development takes us from technique to substance. First, the author analyzes the international legislation and judicature on the issues of sustainable development; thereupon, the author concludes that the principle of sustainable development has not obtained the rank and the outreach of a legal principle (source of law in the international law, which ultimately makes the very existence of environmental law highly disputable. If sustainable development as a fundamental principle (supra-principle does not have the power of a binding principle, the existing international legal sources concerning certain aspects of the living environment are nothing but arable land covered by sand. Actually, the significant feature of the existing international sources on sustainable development is 'the legal ideology' which, being an instrument of environmental policy rather than an instrument of environmental law, actually

  20. Nuclear energy: liability for damage to the environment according to the National Environmental Law

    International Nuclear Information System (INIS)

    Eiras, Sergio Alves; Couto, Roberto Toscano

    1995-01-01

    Liability for damage of the environment is the kind of subject which arouses heated debates in the nuclear energy field among the jurists. Brazil lacks a specific environmental law upon which settlement on questions of nuclear damage could be based. In spite of such lackness, considerable progress has been achieved with the obligatory elaboration of the Environmental Impact Assessment (EIA), the constitutional rules establishing competence and responsibilities on this matter, and some scattered laws. The objective of this work is to focus the responsibility of the Union that exercised the monopoly of nuclear activities, its agents and the team of experts which elaborate the EIA as well as the damage to the environment from a nuclear accident. This study is based on the legal definitions of nuclear reactor, radioactive waste and product, radioisotope, among others. It also focuses some proposed amendments of the law regulating both the civil and criminal liabilities for nuclear damage. (author). 7 refs

  1. The Imposition of Martial Law in the United States

    National Research Council Canada - National Science Library

    Davies, Kirk

    2000-01-01

    .... But despite police efforts to control the populace by establishing quarantine areas, the civilian infrastructure is quickly overwhelmed. Chaos results. Finally, the President declares martial law in an attempt to restore order in the nation.

  2. State Firearm Laws and Interstate Transfer of Guns in the USA, 2006-2016.

    Science.gov (United States)

    Collins, Tessa; Greenberg, Rachael; Siegel, Michael; Xuan, Ziming; Rothman, Emily F; Cronin, Shea W; Hemenway, David

    2018-06-01

    In a cross-sectional, panel study, we examined the relationship between state firearm laws and the extent of interstate transfer of guns, as measured by the percentage of crime guns recovered in a state and traced to an in-state source (as opposed to guns recovered in a state and traced to an out-of-state source). We used 2006-2016 data on state firearm laws obtained from a search of selected state statutes and 2006-2016 crime gun trace data from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. We examined the relationship between state firearm laws and interstate transfer of guns using annual data from all 50 states during the period 2006-2016 and employing a two-way fixed effects model. The primary outcome variable was the percentage of crime guns recovered in a state that could be traced to an original point of purchase within that state as opposed to another state. The main exposure variables were eight specific state firearm laws pertaining to dealer licensing, sales restrictions, background checks, registration, prohibitors for firearm purchase, and straw purchase of guns. Four laws were independently associated with a significantly lower percentage of in-state guns: a waiting period for handgun purchase, permits required for firearm purchase, prohibition of firearm possession by people convicted of a violent misdemeanor, and a requirement for relinquishment of firearms when a person becomes disqualified from owning them. States with a higher number of gun laws had a lower percentage of traced guns to in-state dealers, with each increase of one in the total number of laws associated with a decrease of 1.6 percentage points in the proportion of recovered guns that were traced to an in-state as opposed to an out-of-state source. Based on an examination of the movement patterns of guns across states, the overall observed pattern of gun flow was out of states with weak gun laws and into states with strong gun laws. These findings indicate that certain

  3. Contesting sharia: state law, decentralization and Minangkabau custom

    OpenAIRE

    Huda, Yasrul

    2013-01-01

    This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes that religious matters are excluded from the authority of local government, the legislation of Sharia by local authorities is justified by the argument that Sharia, in addition to Minangkabau custom...

  4. Legal instruments for groundwater protection. A systematic analysis of EU law and German federal law and state law; Rechtliche Instrumente des Grundwasserschutzes. Eine systematische Analyse des EG-, Bundes- und Landesrechts

    Energy Technology Data Exchange (ETDEWEB)

    Kotulla, M.

    1999-07-01

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

  5. 26 CFR 44.4422-1 - Doing business in violation of Federal or State law.

    Science.gov (United States)

    2010-04-01

    ... in nowise authorizes the carrying on of any business in violation of a law of the United States or... 26 Internal Revenue 16 2010-04-01 2010-04-01 true Doing business in violation of Federal or State law. 44.4422-1 Section 44.4422-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY...

  6. 7 CFR 360.400 - Preemption of State and local laws.

    Science.gov (United States)

    2010-01-01

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

  7. 12 CFR Appendix C to Part 230 - Effect on State Laws

    Science.gov (United States)

    2010-01-01

    ... depository institution may not make disclosures using the inconsistent term or take actions relying on the...) Inconsistent Requirements State law requirements that are inconsistent with the requirements of the act and this part are preempted to the extent of the inconsistency. A state law is inconsistent if it requires...

  8. 45 CFR 211.5 - Action under State law; appointment of guardian.

    Science.gov (United States)

    2010-10-01

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

  9. Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999–2010

    Science.gov (United States)

    Bachhuber, Marcus A.; Saloner, Brendan; Cunningham, Chinazo O.; Barry, Colleen L.

    2015-01-01

    IMPORTANCE Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. OBJECTIVE To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. DESIGN, SETTING, AND PARTICIPANTS A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. EXPOSURES Presence of a law establishing a medical cannabis program in the state. MAIN OUTCOMES AND MEASURES Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. RESULTS Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, −37.5% to −9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (−19.9%; 95% CI, −30.6% to −7.7%; P = .002), year 2 (−25.2%; 95% CI, −40.6% to −5.9%; P = .01), year 3 (−23.6%; 95% CI, −41.1% to −1.0%; P = .04), year 4 (−20.2%; 95% CI, −33.6% to −4

  10. Medical cannabis laws and opioid analgesic overdose mortality in the United States, 1999-2010.

    Science.gov (United States)

    Bachhuber, Marcus A; Saloner, Brendan; Cunningham, Chinazo O; Barry, Colleen L

    2014-10-01

    Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. Presence of a law establishing a medical cannabis program in the state. Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, -37.5% to -9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (-19.9%; 95% CI, -30.6% to -7.7%; P = .002), year 2 (-25.2%; 95% CI, -40.6% to -5.9%; P = .01), year 3 (-23.6%; 95% CI, -41.1% to -1.0%; P = .04), year 4 (-20.2%; 95% CI, -33.6% to -4.0%; P = .02), year 5 (-33.7%; 95% CI, -50.9% to -10.4%; P = .008), and year 6 (-33.3%; 95% CI, -44.7% to

  11. International Environmental Law and Naval War: The Effect of Marine Safety and Pollution Conventions During International Armed Conflict

    Science.gov (United States)

    2000-12-01

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

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

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

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

  13. Environmental impact assessment of projects in the People's Republic of China: new law, old problems

    International Nuclear Information System (INIS)

    Wang Yan; Morgan, Richard K.; Cashmore, Mat

    2003-01-01

    After more than 20 years of experience with environmental impact assessment (EIA), the government of the People's Republic of China is set to introduce a new EIA Law, in September 2003, in which strategic environmental assessment (SEA) complements the current project-oriented EIA process. In general, the new law does not attempt to modify the existing EIA system in any radical ways, suggesting that the government consider current practices satisfactory. In order to assess the likely prospects of the new EIA Law for project-level EIA, this paper presents an evaluation of the current EIA process in China, first, establishing the historical context of the current process and, second, considering the main issues and concerns relating to the institutional and procedural arrangements, and practical implementation of the process. The main problems highlighted are as follows: the narrow historic focus on pollution of air, water and soil, at the expense of the consideration of wider environmental, social and health impacts; environmental protection agencies being funded by development-oriented local government administrations; the lack of consideration of alternatives in EIA processes; and the lack of effective public participation. More specific procedural issues are also discussed. On the basis of this analysis, we make recommendations for improving the effectiveness of EIA at the project level. The introduction of SEA in the new law marks a real step forward for EIA in China, although it appears to exclude central government policies, and there are improved provisions for public participation. However, the prospects for EIA in China will remain mixed as long as the new law leaves project-level EIA largely unchanged

  14. Obtaining patient test results from clinical laboratories: a survey of state law for pharmacists.

    Science.gov (United States)

    Witry, Matthew J; Doucette, William R

    2009-01-01

    To identify states with laws that restrict to whom clinical laboratories may release copies of laboratory test results and to describe how these laws may affect pharmacists' ability to obtain patient laboratory test results. Researchers examined state statutes and administrative codes for all 50 states and the District of Columbia at the University of Iowa Law Library between June and July 2007. Researchers also consulted with lawyers, state Clinical Laboratory Improvement Amendments officers, and law librarians. Laws relating to the study objective were analyzed. 34 jurisdictions do not restrict the release of laboratory test results, while 17 states have laws that restrict to whom clinical laboratories can send copies of test results. In these states, pharmacists will have to use alternative sources, such as physician offices, to obtain test results. Pharmacists must consider state law before requesting copies of laboratory test results from clinical laboratories. This may be an issue that state pharmacy associations can address to increase pharmacist access to important patient information.

  15. THE ROLE OF NON-GOVERNMENTAL ORGANISATIONS IN CREATING STANDARDS IN INTERNATIONAL ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Oana Maria HANCIU

    2015-07-01

    Full Text Available The participation and influence of non-governmental actors in areas of international environmental governance has increased tremendously over the last decades. Some of these non-governmental organization (NGOs, like International Union for Conservation of Nature, World Wide Fund for Nature or Greenpeace, have a global character and an intense activity in promoting environmental protection. Of great importance is the fact that some NGOs have gained a consultative status in international and regional organizations influencing the process of drafting and adopting norms of international environmental law. The study analyses the contribution of NGOs in international environmental field and their essential role as ,,guardians of the environment” in promoting and respecting the provisions of international environmental agreements, in particular of Aarhus Convention.

  16. Environmental Law

    Science.gov (United States)

    2005-09-01

    in litigation, which may require the Department of the Interior to introduce Mexican grey wolves onto White Sands Missile Range, New Mexico, although...first reservation of federal land was Yellowstone National Park in 1872. B. The first preservation statute was the Antiquities Act of 1906. 16 U.S.C

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

    Directory of Open Access Journals (Sweden)

    T Murombo

    2008-10-01

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

  18. Efficacy of a physician's words of empathy: an overview of state apology laws.

    Science.gov (United States)

    Saitta, Nicole; Hodge, Samuel D

    2012-05-01

    Apology laws are gaining traction in the United States, prompting health care professionals to offer words of condolence for adverse medical outcomes without the fear of being sued for malpractice. Although these laws vary by jurisdiction, they have been shown to reduce the financial consequences of a medical malpractice lawsuit. The authors provide an overview of the laws regarding this issue and discuss apologies as a means to reduce medical malpractice claims.

  19. Radioactive waste management: a summary of state laws and adminstration. Revision 4

    International Nuclear Information System (INIS)

    1984-06-01

    This is the fourth update of Radioactive Waste Management: a summary of State Laws and Administration. It completely replaces the third update (January 15, 1984). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: cover page; administrative; legislative; and applicable legislation. In general, the information in this report is accurate as of April 30, 1984

  20. Demographic profile of states with human cloning laws: morality policy meets political economy.

    Science.gov (United States)

    Stabile, Bonnie

    2007-03-01

    This analysis seeks to identify factors that may shape the policy stance - whether restrictive or permissive - that each state in the United States with a human cloning law in place takes toward human therapeutic cloning. The investigation also considers if cloning policy is more the product of morality politics or political economy. Results show that among states with human cloning policies in place, those with a greater biotechnological capacity, more permissive abortion laws, fewer Evangelical Protestants, and higher political liberalism rankings are more likely to have permissive cloning laws. A higher Roman Catholic population is strongly associated with permissive cloning laws, rather than restrictive cloning laws as originally supposed. Factors with morality policy and economic bases were both found to be associated with cloning policy outcomes. Results suggest that morality policies, though distinct in some ways, do share determinants with public policies based on political economy.

  1. Environmental laws regulating chemicals: Uses of information in decision making under environmental statutes

    Energy Technology Data Exchange (ETDEWEB)

    Gaba, J.M. [Southern Methodist Univ., Dallas, TX (United States)

    1990-12-31

    Three areas are addressed in this paper: generic issues that arise simply in the process of decision-making under environmental statutes; different decision-making standards under various environmental statutes; and efforts to legislate a {open_quotes}safe{close_quotes} or {open_quotes}acceptable{close_quotes} risk from exposure to carcinogenic chemicals.

  2. Blinking in quantum dots: The origin of the grey state and power law statistics

    Science.gov (United States)

    Ye, Mao; Searson, Peter C.

    2011-09-01

    Quantum dot (QD) blinking is characterized by switching between an “on” state and an “off” state, and a power-law distribution of on and off times with exponents from 1.0 to 2.0. The origin of blinking behavior in QDs, however, has remained a mystery. Here we describe an energy-band model for QDs that captures the full range of blinking behavior reported in the literature and provides new insight into features such as the gray state, the power-law distribution of on and off times, and the power-law exponents.

  3. State Security Breach Response Laws: State-by-State Summary Table. Using Data to Improve Education: A Legal Reference Guide to Protecting Student Privacy and Data Security

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

    Under security breach response laws, businesses--and sometimes state and governmental agencies--are required to inform individuals when the security, confidentiality or integrity of their personal information has been compromised. This resource provides a state-by-state analysis of security breach response laws. [The Data Quality Campaign has…

  4. A state geological survey commitment to environmental geology - the Texas Bureau of Economic Geology

    International Nuclear Information System (INIS)

    Wermund, E.G.

    1990-01-01

    In several Texas environmental laws, the Bureau of Economic Geology is designated as a planning participant and review agency in the process of fulfilling environmental laws. Two examples are legislation on reclamation of surface mines and regulation of processing low level radioactive wastes. Also, the Bureau is the principal geological reviewer of all Environmental Assessments and Environmental Impact Statements which the Office of the Governor circulates for state review on all major developmental activities in Texas. The BEG continues its strong interest in environmental geology. In February 1988, it recommitted its Land Resources Laboratory, initiated in 1974, toward fulfilling needs of state, county, and city governments for consultation and research on environmental geologic problems. An editorial from another state geological survey would resemble the about description of texas work in environmental geology. State geological surveys have led federal agencies into many developments of environmental geology, complemented federal efforts in their evolution, and continued a strong commitment to the maintenance of a quality environment through innovative geologic studies

  5. Drug Per Se Laws: A Review of their Use in States

    Science.gov (United States)

    2010-07-01

    This report summarizes a study of the implementation of drug per se laws in 15 States. These laws generally make it an : impaired-driving offense to drive with a measurable amount of certain drugs in ones system. The specific prohibited : drugs va...

  6. Sociodemographic Disparities in Local Smoke-Free Law Coverage in 10 States.

    Science.gov (United States)

    Huang, Jidong; King, Brian A; Babb, Stephen D; Xu, Xin; Hallett, Cynthia; Hopkins, Maggie

    2015-09-01

    We assessed sociodemographic disparities in local 100% smoke-free laws prohibiting smoking in all indoor areas of nonhospitality worksites, restaurants, and bars in 10 states. We obtained data on local 100% smoke-free laws (US Tobacco Control Laws Database) and subcounty characteristics (2006-2010 American Community Survey) for Alabama, Alaska, Indiana, Kentucky, Mississippi, Missouri, North Dakota, South Carolina, Texas, and West Virginia. Outcomes included (1) 100% smoke-free law covering restaurants, bars, and workplaces; (2) 100% smoke-free law covering restaurants, bars, or workplaces; and (3) number of venue types covered by 100% smoke-free laws (0-3). Sociodemographics included total population, urban status, percentage racial/ethnic minority, per capita income, percentage with high-school diploma, percentage with blue-collar jobs, and percentage of workers who live and work in the same locality. Across states, localities with less-educated residents, smaller proportions of workers living and working in the same locality, or both generally had lower odds of being covered by 100% smoke-free laws. Coverage varied across states for other sociodemographics. Disparities exist in local smoke-free law coverage. Identifying patterns in coverage can inform state efforts to address related disparities.

  7. Scaling laws for steady-state fusion plasmas

    Energy Technology Data Exchange (ETDEWEB)

    Husseiny, A A [Carnegie-Mellon Univ., Pittsburgh, Pa. (USA)

    1975-12-01

    Experimental and semi-theoretical scaling laws are extrapolated to include the effect of fusion burn on the lifetime of plasma ions. Fractional burnups are also reconsidered on the same basis. The actual lifetime of fusion plasma ions and the estimated time necessary for feasible reactors, provide a correlation between the laboratory data and the hypothesis of reactor feasibility conditions. Based on these correlations criteria for the realization of self-heated plasmas are established.

  8. You Can't Eat Biodiversity: Agency and Irrational Norms in European Aquatic Environmental Law

    Directory of Open Access Journals (Sweden)

    Tim G. O'Higgins

    2017-02-01

    Full Text Available Policies of the European Union cover a range of social, environmental and economic aspirations and the current environmental directives and laws have evolved from a suite of norms which have changed over time. These may be characterised loosely according to 'Three Ps': Practical, those taking an anthropocentric approach; Pure, those taking an ecocentric approach and Popular, those appealing to the general public. In this paper I use these three perspectives as a tool to analyse the complexity and identify contradictions in European aquatic environmental legislation. Some trade-offs between development and conservation are identified and used to characterise the potential qualities of more successful agency to achieve environmental goals in the governance of European aquatic environments.

  9. Integrated environmental protection obligations under European law, survey analysis of Austrian legislation

    International Nuclear Information System (INIS)

    Berthaler, W.

    2001-05-01

    This work focuses on legal instruments serving integrated environmental protection, especially with respect to administrative procedures concerning plant permits, and their inhorent limits. Initially, the legal and scientific approach pursued under the notion of 'integrated environmental protection' and 'environmental impact assessment' is examined and clarified in chapter A. Based thereon, chapter B deals with the obligations resulting from the EIA-Directive and - compared therewith - from the IPPC-Directive with regard to procedures for plant permits. Further, Austria's delay in fully transposing these directives is examined. When dealing with the constitutional basis for transposing the EIA- and IPPC-D into Austrian administrative law (chapter C), the inherent limits of some competence of legislation are discovered to be too narrow to ensure full compliance with EC law; only with regard to EIA, legistation is based on sound constitutional ground. The second part of the work is devoted to three areas of discussion on EIA- and IPPC-procedures under Austrian law: the scope of their applicability (chapter D), the problems of integrated evaluation and the limits of ecological expertise (chapter E) and aspects of public participation (chapter F). The study is concluded by a summary of the main results (chapter G). (author)

  10. Climatic change and development of law in 2005. Preliminary advice and report of the 89th general meeting of the Association for Environmental Laws, September 30, 2005

    International Nuclear Information System (INIS)

    Van Angeren, J.R.; Bazelmans, J.M.; Cozijnsen, C.J.H.; Driesprong, A.; Van der Jagt, J.A.E.; Peeters, M.; Verbaan, I.J.; Van Rijswijck, H.F.M.W.; Ramnewash-Oemrawsingh, S.T.; De Kramer, P.T.

    2006-01-01

    The development of laws to control the climate change problem has only just begun. The Netherlands, too, has legal measures for controlling this problem and first jurisprudence has developed. The working group 'Climate change and development of laws', which was set up by the Dutch Society for Environmental Law, has thoroughly examined the legal side of climate change. This resulted in a preliminary advice in which international and European legislative developments, various aspects of emission trading and its international variant are discussed. Moreover, national and international water management in relation to the consequences of climate change are also examined. (mk) [nl

  11. Assessing the concordance between illicit drug laws on the books and drug law enforcement: Comparison of three states on the continuum from "decriminalised" to "punitive".

    Science.gov (United States)

    Belackova, Vendula; Ritter, Alison; Shanahan, Marian; Hughes, Caitlin E

    2017-03-01

    Variations in drug laws, as well as variations in enforcement practice, exist across jurisdictions. This study explored the feasibility of categorising drug laws "on the books" in terms of their punitiveness, and the extent of their concordance with "laws in practice" in a cross-national comparison. "Law on the books", classified with respect to both cannabis and other drug offences in the Czech Republic, NSW (AU) and Florida (USA) were analysed in order to establish an ordinal relationship between the three states. Indicators to assess the "laws in practice" covered both police (arrests) and court (sentencing) activity between 2002 and 2013. Parametric and non-parametric tests of equality of means, tests of stationarity and correlation analysis were used to examine the concordance between the ordinal categorisation of "laws on the books" and "laws in practice", as well as trends over time. The Czech Republic had the most lenient drug laws; Florida had the most punitive and NSW was in-between. Examining the indicators of "laws in practice", we found that the population adjusted number of individuals sentenced to prison ranked across the three states was concordant with categorisation of "laws on the books", but the average sentence length and percentage of court cases sentenced to prison were not. Also, the de jure decriminalisation of drug possession in the Czech Republic yielded a far greater share of administrative offenses than the de facto decriminalisation of cannabis use / possession in NSW. Finally, the mean value of most "laws in practice" indicators changed significantly over time although the "laws on the books" didn't change. While some indicators of "laws in practice" were concordant with the ordinal categorisation of drug laws, several indicators of "laws in practice" appeared to operate independently from the drug laws as stated. This has significant implications for drug policy analysis and means that research should not assume they are

  12. Anti-Terrorism Authority Under the Laws of the United Kingdom and the United States

    National Research Council Canada - National Science Library

    Feikert, Clare; Doyle, Charles

    2006-01-01

    This is a comparison of the laws of the United Kingdom and of the United States that govern criminal and intelligence investigations of terrorist activities Both systems rely upon a series of statutory authorizations...

  13. Estimates of the Lawful Permanent Resident Population in the United States: January 2013

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the lawful permanent resident (LPR) population living in the United States on January 1, 2013. The LPR population includes persons...

  14. Estimates of the Lawful Permanent Resident Population in the United States: January 2014

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the lawful permanent resident (LPR) population living in the United States on January 1, 2014. The LPR population includes persons...

  15. Engaging Non-State Security Providers: Whither the Rule of Law?

    Directory of Open Access Journals (Sweden)

    Timothy Donais

    2017-07-01

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

  16. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Science.gov (United States)

    2010-01-05

    ... on consumer rights as part of its program on private international law. Three proposals have been put... DEPARTMENT OF STATE [Public Notice 6255] U.S. Department of State Advisory Committee on Private International Law: Organization of American States (OAS) Specialized Conference on Private International Law...

  17. Confederation and federation in the general theory of law and state and in positive law (part one

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  18. European Criminal Law a! er the Lisbon Treaty, or Europeanization of European law, under the co-responsibility of the Member States

    Directory of Open Access Journals (Sweden)

    Arif Riza

    2016-11-01

    Full Text Available Same as EU Law, that presents a new area of law and that it is still in progress, the EU Criminal Law is developing. The development of EU criminal law, of course, is dictated by the development of European Law itself, or the EU itself. Depending on it, the EU will be a supranational structure, or will undergo changes and become a Federal State, or another unified form. Taking into consideration the importance of this area of law, which is created for cooperation among states to combat organized crime, and especially terrorism, we can have a Criminal Code European and a European code of Criminal Procedure certainly in the near future, namely, a codification of European criminal field. This paper aims to discuss the development of European criminal law, until the Treaty of Lisbon.

  19. 76 FR 21786 - Meetings of The United States-Peru Environmental Affairs Council, Environmental Cooperation...

    Science.gov (United States)

    2011-04-18

    ... DEPARTMENT OF STATE [Public Notice: 7417] Meetings of The United States-Peru Environmental Affairs... of meetings of the United States-Peru Environmental Affairs Council, Environmental Cooperation... notice that the United States and Peru intend to hold the third meeting of the Sub-Committee on Forest...

  20. 78 FR 32529 - Meeting of the United States-Peru Environmental Affairs Council and Environmental Cooperation...

    Science.gov (United States)

    2013-05-30

    ... DEPARTMENT OF STATE [Public Notice 8339] Meeting of the United States-Peru Environmental Affairs Council and Environmental Cooperation Commission ACTION: Notice of meetings of the United States-Peru... the United States and Peru intend to hold the fourth meeting of the Environmental Affairs Council (the...

  1. 77 FR 28419 - Meetings of the United States-Peru Environmental Affairs Council, Environmental Cooperation...

    Science.gov (United States)

    2012-05-14

    ... DEPARTMENT OF STATE [Public Notice: 7873] Meetings of the United States-Peru Environmental Affairs... of meetings of the United States-Peru Environmental Affairs Council, Environmental Cooperation... the United States and Peru intend to hold the fifth meeting of the Sub-Committee on Forest Sector...

  2. State gun safe storage laws and child mortality due to firearms.

    Science.gov (United States)

    Cummings, P; Grossman, D C; Rivara, F P; Koepsell, T D

    1997-10-01

    Since 1989, several states have passed laws that make gun owners criminally liable if someone is injured because a child gains unsupervised access to a gun. These laws are controversial, and their effect on firearm-related injuries is unknown. To determine if state laws that require safe storage of firearms are associated with a reduction in child mortality due to firearms. An ecological study of firearm mortality from 1979 through 1994. All 50 states and the District of Columbia. All children younger than 15 years. Unintentional deaths, suicides, and homicides due to firearms. Laws that make gun owners responsible for storing firearms in a manner that makes them inaccessible to children were in effect for at least 1 year in 12 states from 1990 through 1994. Among children younger than 15 years, unintentional shooting deaths were reduced by 23% (95% confidence interval, 6%-37%) during the years covered by these laws. This estimate was based on within-state comparisons adjusted for national trends in unintentional firearm-related mortality. Gun-related homicide and suicide showed modest declines, but these were not statistically significant. State safe storage laws intended to make firearms less accessible to children appear to prevent unintentional shooting deaths among children younger than 15 years.

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

    Science.gov (United States)

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

    2012-08-01

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

  4. The Banality of Environmental Evil: From the Irrational Alienation Toward Democratic Deliberation in Environmental Law Formation

    Directory of Open Access Journals (Sweden)

    Leonardo da Rocha de Souza

    2015-12-01

    Full Text Available This study discusses the emergence of environmental banal evil in the complex societies since the concept of the banality of evil developed by Hannah Arendt in the book "Eichmann in Jerusalem". From this, proposes to develop a proactive action towards environmental protection, away from society in a neutral position in this area, as this neutrality creates an irrational alienation. Will use the deductive method and the indirect documentation of research technique. As a result, we intend to demonstrate that individuals must be willing to consciously democratic participation by developing an ability to think and formulate rational arguments on this subject in the public sphere.

  5. Environmental liability guideline, the environmental damage law, execution and implementation deficiencies. A study on the structural execution suitability; Die Umwelthaftungsrichtlinie, das Umweltschadensgesetz, Vollzugs- und Implementationsdefizite. Eine Untersuchung zur strukturellen Vollzugseignung

    Energy Technology Data Exchange (ETDEWEB)

    Holz, Julia-Carolina

    2017-07-01

    Is there an effective liability for environmental damage? The sinking of the tanker ''Exxon Valdez'' has brought about an innovation in US environmental law. The dying of large areas of great forest and the Sandoz case have inspired thought in Germany. Who is responsible for the damages already incurred? How are damages to be replaced? Can environmental damage be quantified? For the replacement of damages, legal liability systems have been created, which are primarily of civil law, the compensation of damages between two private parties. In Germany there is a public liability system, which places the party ''generality'' against the operator of plants as an opponent and demands compensation, restoration of natural species and habitats, water bodies and soils. In 2004, the Directive on environmental liability with regard to the prevention and remedying of environmental damage (the Environmental Liability Directive or UHRL), was adopted. In Germany, the appropriate implementation took place in 2007 with the Environmental Damages Act (USchadG). A comparison with US environmental legislation and an overview of the implementation of the Environmental Liability Directive in the Member States completes the study. Julia-Carolina Holz gives a detailed look at the fundamentals and research status of enforcement deficits and examines the enforcement of the Environmental Liability Directive as well as the Environmental Damages Act.

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

    Science.gov (United States)

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

    2011-06-01

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

  7. 76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-02-03

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

  8. 77 FR 52784 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Science.gov (United States)

    2012-08-30

    ... Choice of Court Agreements; international contract law; developments in major PIL organizations... International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law on Thursday...

  9. The principle of environmental compatible energy supply in energy law characteristics and environmental (energy) legal connections

    International Nuclear Information System (INIS)

    Stecher, Michaela

    2015-01-01

    The course of the investigation follows the path of the electric power. Considered are the electricity industry value-added stages with their environmental impact and their relevant legal regulations. The focus in each case are the environmentally relevant legal rules of EnWG, whose own contributions are examined for environmental objective as well as the interaction with other legislation. First, the value chain of the supply or production of primary energy sources is considered closer. Second, the conversion of primary energy sources in electricity is to take in the view. The conversion plant depending on widely varying environmental impacts and the relevant legal instruments are shown. Thirdly comes the electricity downstream value-added level of network operations, through which the electric power is transmitted and distributed. In the fourth stage, the effect of support of the legal requirements for the storage of electricity is considered. Fifth value chain is the distribution, through which the direct relationship between suppliers and customers is organized. [de

  10. Law no. 2001-398 of the 9 may 2001 creating a french Agency of sanitary and environmental safety (1)

    International Nuclear Information System (INIS)

    2001-05-01

    This law text indicates the goal and the missions of the french sanitary and environmental safety Agency, defined by the law no.2001-398: to assure the public health the Agency has to contribute to the the sanitary safety in the environment domain and to evaluate the risk bonded to the environment. (A.L.B)

  11. 45 CFR 302.70 - Required State laws.

    Science.gov (United States)

    2010-10-01

    ... in § 303.101 of this chapter; (3) Procedures for obtaining overdue support from State income tax... provisions, the same materials, the same evaluation methods, and the same training for the personnel of these... § 303.104 of this chapter. (d)(1) Exemption. A State may apply for an exemption from any of the...

  12. International Environmental Law and Naval War: The Effect of Marine Safety and Pollution Conventions During International Armed Conflict

    National Research Council Canada - National Science Library

    Boelaert-Suominen, Sonja

    2000-01-01

    .... The notion that the rules of general international environmental law continue to apply during armed conflict is now well accepted, but the principles that are usually cited remain at a very high level of abstraction...

  13. PRIVATE LAW EFFECTS OF THE NON-RECOGNITION OF STATES' EXISTENCE AND TERRITORIAL CHANGES

    Directory of Open Access Journals (Sweden)

    Ioan-Luca VLAD

    2015-07-01

    Full Text Available The study presents an outline of the effects in private law (including private international law of the non-recognition of a state or a change of territory. Specifically, it addresses the question of what measures can another state take, in the field of private law, in order to give effect to its policy of not recognizing a state or a territorial annexation, and, in parallel, what are the means available to private parties with links to the unrecognized state or territory. The study is structured in two parts, namely 1 the effects in private law of the non-recognition of a state; and 2 the effect in private law of the non-recognition of an annexation of territory. I will make specific references in particular to the situation in Transnistria and Crimea, as examples of the two issues being addressed. The study intends to be a guide of past and present state practice at the legislative and judicial level, as well as presenting the connections between instruments of public international law, such as Sanctions Resolutions of the UN Security Council, and normative instruments of private law, such as rules of civil procedure, which must adapt to the policy of non-recognition adopted by (or imposed on states. The study also presents specific examples of situations or administrative practices which create practical problems, and result from the existence of a non-recognized entity or change of territory: issues like air traffic coordination, postal traffic, the change in the official currency of a territory, questions of citizenship etc., the aim being to present the reader with a full picture of the issues and intricacies resulting from irregularities existing at the level of the international community of states.

  14. Weaker gun state laws are associated with higher rates of suicide secondary to firearms.

    Science.gov (United States)

    Alban, Rodrigo F; Nuño, Miriam; Ko, Ara; Barmparas, Galinos; Lewis, Azaria V; Margulies, Daniel R

    2018-01-01

    Firearm-related suicides comprise over two-thirds of gun-related violence in the United States, and gun laws and policies remain under scrutiny, with many advocating for revision of the regulatory map for lawful gun ownership, aiming at restricting access and distribution of these weapons. However, the quantitative relationship between how strict gun laws are and the incidence of firearm violence with their associated mortality is largely unknown. We therefore, sought to explore the impact of firearm law patterns among states on the incidence and outcomes of firearm-related suicide attempts, utilizing established objective criteria. The National Inpatient Sample for the years 1998-2011 was queried for all firearm-related suicides. Discharge facilities were stratified into five categories (A, B, C, D, and F, with A representing states with the most strict and F representing states with the least strict laws) based on the Brady Campaign to prevent Gun Violence that assigns scorecards for every state. The primary outcomes were suicide attempts and in-hospital mortality per 100,000 populations by Brady state grade. During the 14-year study period, 34,994 subjects met inclusion criteria. The mean age was 42.0 years and 80.1% were male. A handgun was utilized by 51.8% of patients. The overall mortality was 33.3%. Overall, 22.0% had reported psychoses and 19.3% reported depression. After adjusting for confounding factors and using group A as reference, there were higher adjusted odds for suicide attempts for patients admitted in group C, D, and F category states (1.73, 2.09, and 1.65, respectively, all P gun laws, and these injuries tend to be associated with a higher mortality. Efforts aimed at nationwide standardization of firearm state laws are warranted, particularly for young adults and suicide-prone populations. III. Trauma Outcomes study. Copyright © 2017 Elsevier Inc. All rights reserved.

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

    Science.gov (United States)

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

    2009-04-01

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

  16. Radioactive waste management: a summary of state laws and administration. Revision 3

    International Nuclear Information System (INIS)

    1984-02-01

    This is the third update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the second update (15 July 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. In general, the information in this report is accurate as of January 1, 1984

  17. State Fragility and Structural Gender Inequality in Family Law: An Empirical Investigation

    Directory of Open Access Journals (Sweden)

    Donna Lee Bowen

    2015-10-01

    Full Text Available In this paper we examine the linkage of male-dominant family law systems and levels of nation-state security and stability. We expect such societies to be predisposed to parasitical rent-seeking and inefficiency, combined with coercive conflict resolution, resulting in higher levels of violence within the society. We demonstrate empirically that states with inequitable family law also exhibit higher levels of state fragility. Using standard indicators of state stability and security, our empirical results show that the ability to predict levels of state stability and security is significantly enhanced by examining a measure of Inequity in Family Law in addition to more conventional explanatory variables such as literacy rate, level of democracy, and civilizational influence.

  18. Consumer bankruptcy law for Ethiopia: Lessons from United States ...

    African Journals Online (AJOL)

    After deregulation of consumer credit and resultant availability, ... Germany, United States, United Kingdom and France are some of the countries ... social insurance, development policy and rehabilitative function of discharge and fresh start.

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

    Science.gov (United States)

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

    2017-12-01

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

  20. Problems of causality in environmental penal law. The relevance of causality problems on the environmental sector from the view of penal law. Kausalitaetsprobleme im Umweltstrafrecht. Die strafrechtliche Relevanz der Schwierigkeiten naturwissenschaftlicher Kausalfeststellung im Umweltbereich

    Energy Technology Data Exchange (ETDEWEB)

    Kleine-Cosack, E.

    1988-01-01

    The 'classic' elements of an offence against human health or property are not applicable in environmental law, owing to problems of causality. The new environmental penal law therefore focuses on the 'capability' of any act to damage human health, animal health, vegetation, water, air, or soil. It remarks doubtful whether this approach is more efficient. Further, there is still the problem of assessing damage. The book discusses causality problems in environmental penal law. Causality in a given case is discussed from the view of general causality laws and problems of proof. Other possible causes of damage must be excluded. The author discusses: Interdependences between scientific and penal causality, the problems of successful and potential offences, the relationship between individual and universal objects of legal protection, and procedural issues (e.g. the binding effect of experts' opinions on a given subject). (orig./HSCH).

  1. The principles and values of the social state of law as a legal and political framework for resolving conflicts

    International Nuclear Information System (INIS)

    Valencia Hernandez, Javier Gonzaga

    2008-01-01

    The social state of law is the legal politic framework proposed in the 1991 Constitution, in which Colombians expect to construct a new relationship with nature, based in principles and values such as life, prevalence of general interest over the individual, solidarity, protection of cultural and natural wealth, human dignity and civic participation. The environmental conflicts currently pose a new challenge for the jurists, given that for its comprehension, development and solution proposal it becomes necessary to have a general legal framework and rules of environmental law, as well as principles and values consecrated in the constitution and in other international instruments ratified by Colombia. The participation of an informed, trained and deliberative citizenship, in the resolution of environmental conflicts and in the decisions taken over the environment, will create a dynamic public opinion that will question governors, will manage jointly their own projects and will promote different values from those created from the consumer societies and the individual ownership in the actual states

  2. Modern environmental penal law in the light of the jurisdiction - review and tasks

    International Nuclear Information System (INIS)

    Rengier, R.

    1992-01-01

    The jurisdiction in modern environmental penal law has gone beyond just adopting the ecological tenets of the legislature: it has farthered their development, thus contributing substantially to an ecologically oriented understanding of the offences of water pollution and ecologically harmful waste disposal. This orientation has made prosecution more efficient and through its preventive effects has increased ecological awareness. A good example within the sphere of public interest are communal plant operators. In other areas such as private business and private households the preventive effect is not yet as apparent, but this will probably change in the course of time. (orig.) [de

  3. Postindustrialization and Environmental Quality: An Empirical Analysis of the Environmental State

    Science.gov (United States)

    Fisher, Dana R.; Freudenburg, William R.

    2004-01-01

    Existing sociological analyses express differing expectations about state control over economic actors and the political feasibility of environmental regulation. Recent literature on the environmental state sees environmental protection as becoming a basic responsibility of postindustrial states, with economic actors no longer having the autonomy…

  4. Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

    OpenAIRE

    Francine Lafontaine; Fiona Scott Morton

    2010-01-01

    In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, an...

  5. The flaws in state 'apology' and 'disclosure' laws dilute their intended impact on malpractice suits.

    Science.gov (United States)

    Mastroianni, Anna C; Mello, Michelle M; Sommer, Shannon; Hardy, Mary; Gallagher, Thomas H

    2010-09-01

    Apologies are rare in the medical world, where health care providers fear that admissions of guilt or expressions of regret could be used by plaintiffs in malpractice lawsuits. Nevertheless, some states are moving toward giving health care providers legal protection so that they feel free to apologize to patients for a medical mistake. Advocates believe that these laws are beneficial for patients and providers. However, our analysis of "apology" and "disclosure" laws in thirty-four states and the District of Columbia finds that most of the laws have major shortcomings. These may actually discourage comprehensive disclosures and apologies and weaken the laws' impact on malpractice suits. Many could be resolved by improved statutory design and communication of new legal requirements and protections.

  6. Applicable or Relevant and Appropriate Requirements (ARARs) for Remedial Action at the Oak Ridge Reservation: A compendium of major environmental laws. Environmental Restoration Program

    Energy Technology Data Exchange (ETDEWEB)

    Etnier, E.L.; McDonald, E.P.; Houlberg, L.M.

    1993-07-01

    Section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 specifies that remedial actions for cleanup of hazardous substances must comply with applicable or relevant and appropriate requirements (ARARS) or standards under federal and state environmental laws. The US Department of Energy (DOE) Oak Ridge Reservation (ORR) was placed on the National Priorities List by the US Environmental Protection Agency (EPA) on November 21, 1989, effective December 21, 1989. As a result of this listing, DOE, EPA, and the Tennessee Department of Environment and Conservation have signed a Federal Facility Agreement (FFA) for the environmental restoration of the ORR. Section XXI(F) of the FFA calls for the preparation of a draft listing of all ARARs as mandated by CERCLA {section}121. This report supplies a preliminary list of available federal and state ARARs that might be considered for remedial response at the ORR. A description of the terms ``applicable`` and ``relevant and appropriate`` is provided, as well as definitions of chemical-, location-, and action-specific ARARS. ARARs promulgated by the federal government and by the state of Tennessee are listed in tables. In addition, the major provisions of the Resource Conservation and Recovery Act, the Safe Drinking Water Act, the Clean Water Act, the Clean Air and other acts, as they apply to hazardous waste cleanup, are discussed. In the absence of ARARS, CERCLA {section}121 provides for the use of nonpromulgated federal criteria, guidelines, and advisories in evaluating the human risk associated with remedial action alternatives. Such nonpromulgated standards are classified as ``to-be-considered`` (TBC) guidance. A ion of available guidance is given; summary tables fist the available federal standards and guidance information. In addition, the substantive contents of the DOE orders as they apply to remediation of radioactively contaminated sites are discussed as TBC guidance.

  7. The Dynamics of Marriage Law and Custom in the United States

    Directory of Open Access Journals (Sweden)

    Elizabeth Ann Wilson Whetmore

    2013-02-01

    Full Text Available This article examines changes in marriage laws and related cultural norms and values in the United States across the last several decades, and discusses correlating worldview shifts. It appears that the “traditional” worldview produced earlier laws, cultural norms and values, and changes to these have corresponded with a cultural worldview shift, first into “modernism” and then towards “postmodernism.” The implications of these worldview shifts for ongoing change to marriage law and custom are also analyzed.

  8. Fundamental Laws of the State: The Spanish Constitution.

    Science.gov (United States)

    Ministerio de Informacion y Turismo, Madrid (Spain).

    This political document is introduced by the head of the Spanish State, His Excellency Don Francisco Franco Bahamonde in a speech given on 22 November 1966 to the session of the Spanish Cores. The speech outlines in general terms the political and philosophical ideals of His Excellency. The Constitution is presented in several sections including:…

  9. Irreversible thermodynamics, parabolic law and self-similar state in grain growth

    International Nuclear Information System (INIS)

    Rios, P.R.

    2004-01-01

    The formalism of the thermodynamic theory of irreversible processes is applied to grain growth to investigate the nature of the self-similar state and its corresponding parabolic law. Grain growth does not reach a steady state in the sense that the entropy production remains constant. However, the entropy production can be written as a product of two factors: a scale factor that tends to zero for long times and a scaled entropy production. It is suggested that the parabolic law and the self-similar state may be associated with the minimum of this scaled entropy production. This result implies that the parabolic law and the self-similar state have a sound irreversible thermodynamical basis

  10. The current state of Contract Law in Australia and why it is important for rural managers to understand it

    OpenAIRE

    Smith, Tony

    2011-01-01

    Farmers are business managers and as such they must understand the law or they are likely to fall foul of it. This especially applies to contract law, with which they deal constantly. Contract law is made up of the common law – as the courts have decided it – and statute law- as the state and federal parliaments have enacted statutes which modify the common law. The most important and most recent of the latter is the new Australian Consumer Law.

  11. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  12. 22 CFR 92.92 - Service of legal process under provisions of State law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process under provisions of... AND RELATED SERVICES Quasi-Legal Services § 92.92 Service of legal process under provisions of State law. It may be found that a State statue purporting to regulate the service of process in foreign...

  13. 12 CFR 617.7630 - Does this Federal requirement affect any state property laws?

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Does this Federal requirement affect any state property laws? 617.7630 Section 617.7630 Banks and Banking FARM CREDIT ADMINISTRATION FARM CREDIT SYSTEM BORROWER RIGHTS Right of First Refusal § 617.7630 Does this Federal requirement affect any state property...

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

    Science.gov (United States)

    Lamb, C. M.

    1974-01-01

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

  15. Review and Analysis of Laws Related to Strangulation in 50 States

    Science.gov (United States)

    Laughon, Kathryn; Glass, Nancy; Worrell, Claude

    2009-01-01

    Nonlethal strangulation of intimate partners has substantial direct health effects and is associated with an increased risk of later lethal violence by a partner or ex-intimate partner but can be difficult to prosecute under felony assault statutes. After review of state laws regarding assault, the authors identified 10 states with specific…

  16. Concussion Law Compliance: The Allocation of Time, Resources, and Money in a Rural Western State

    Science.gov (United States)

    Faure, Caroline; Moffit, Dani M.; Schiess, Kurt

    2015-01-01

    Secondary schools across the United States that sponsor extracurricular athletic programs are challenged to comply with recent laws that require concussion education and appropriate concussion management. This study examined one rural state's efforts by illustrating both the successes and challenges that secondary schools faced. The findings…

  17. The Impact of Federal Preemption of State Antipredatory Lending Laws on the Foreclosure Crisis

    Science.gov (United States)

    Ding, Lei; Quercia, Roberto G.; Reid, Carolina K.; White, Alan M.

    2012-01-01

    State antipredatory lending laws (APLs) are designed to protect borrowers against predatory lending that can increase the risk of default and deplete the home equity held by borrowers. Federal regulators instituted preemption that limited the scope and reach of state antipredatory lending regulations for certain lenders. Based on the variation in…

  18. State laws and the provision of family planning and abortion services in 1985.

    Science.gov (United States)

    Sollom, T; Donovan, P

    1985-01-01

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

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

    Science.gov (United States)

    Anestis, Michael D; Anestis, Joye C

    2015-10-01

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

  20. [Impact of the Spanish smoking laws on the exposure to environmental tobacco smoke in Galicia (2005-2011)].

    Science.gov (United States)

    Pérez-Ríos, Mónica; Santiago-Pérez, María Isolina; Malvar, Alberto; Jesús García, María; Seoane, Bernardo; Suanzes, Jorge; Hervada, Xurxo

    2014-01-01

    Prevalence of exposure to environmental tobacco smoke is a valuable index to assess the impact of the laws for tobacco control. The objective of this work is to analyse variations in the prevalence of exposure to environmental tobacco smoke in Galicia (Spain) between 2005, before the Law 28/2005, and 2011, after the law 42/2010. Data were obtained from five population-based independent cross-sectional studies, telephone surveys, developed in Galicia between 2005 and 2011 among population aged 16 to 74 (n=34.419). Self-reported exposure among population aged between 16 and 74 was analysed by setting and tobacco consumption by prevalence with 95% confidence intervals. Environmental tobacco smoke exposure decreased dramatically in Galicia between 2005 and 2011. In 2005, before the Law 28/2005, 95% of the population reported exposure to environmental tobacco smoke compared to 28% in 2011, after the Law 42/2010. Decrease was greater in workplaces in 2006 and in leisure time venues in 2011. After an initial decrease in 2006, exposure at home remains unchanged. An important reduction in self-reported exposure to environmental tobacco smoke occurred in Galicia in the period 2005-2011, specially after the introduction of Laws 28/2005 and 42/2010. Nevertheless, one in four of the population aged 16 to 74 remained exposed in 2011. Copyright © 2013 SESPAS. Published by Elsevier Espana. All rights reserved.

  1. Transgendered Prisoners in the United States: A Progression of Laws

    OpenAIRE

    Alexander, Rudolph

    2013-01-01

    In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disor...

  2. Rochester’s Lead Law: Evaluation of a Local Environmental Health Policy Innovation

    Science.gov (United States)

    Ayoob, Maria; Morley, Rebecca

    2011-01-01

    Background: Significant progress has been made in reducing the incidence of childhood lead poisoning in the United States in the past three decades. However, the prevalence of elevated blood lead in children (≥ 10 μg/dL) remains high in some communities, particularly those with high proportions of pre-1978 housing in poor condition. Increasingly, municipalities are using local policy tools to reduce lead poisoning in high-risk areas, but little is known about the effectiveness of such policies. Objectives: In this article, we evaluated the effectiveness of a comprehensive rental housing–based lead law adopted in Rochester, New York, in 2005. Methods: This policy evaluation integrates analyses of city inspections data, a survey of landlords, landlord focus groups, and health department data on children’s blood lead levels from the first 4 years of implementation of the 2005 law. Results: Implementation has proceeded consistent with projected numbers of inspections with nearly all target units inspected in the first 4 years. Higher than expected inspection passage rates suggest that landlords have reduced lead hazards in rental housing affected by the law. Implementation of the lead law does not appear to have had a significant impact on the housing market. Conclusions: Although many uncertainties remain, our analysis suggests that the lead law has had a positive impact on children’s health. Strong enforcement, support for community-based lead programs, and ongoing intergovernmental coordination will be necessary to maintain lead-safe housing in Rochester. Lessons learned from the Rochester experience may inform future local lead poisoning prevention policies in other communities. PMID:22001644

  3. Civil law

    NARCIS (Netherlands)

    Hesselink, M.W.; Gibbons, M.T.

    2014-01-01

    The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

  4. Falling short: how state laws can address health information exchange barriers and enablers.

    Science.gov (United States)

    Schmit, Cason D; Wetter, Sarah A; Kash, Bita A

    2018-06-01

    Research on the implementation of health information exchange (HIE) organizations has identified both positive and negative effects of laws relating to governance, incentives, mandates, sustainability, stakeholder participation, patient engagement, privacy, confidentiality, and security. We fill a substantial research gap by describing whether comprehensive state and territorial HIE legal frameworks address identified legal facilitators and barriers. We used the Westlaw database to identify state and territorial laws relating to HIEs in effect on June 7, 2016 (53 jurisdictions). We blind-coded all laws and addressed coding discrepancies in peer-review meetings. We recorded a consensus code for each law in a master database. We compared 20 HIE legal attributes with identified barriers to and enablers of HIE activity in the literature. Forty-two states, the District of Columbia, and 2 territories have laws relating to HIEs. On average, jurisdictions address 8.32 of the 20 criteria selected in statutes and regulations. Twenty jurisdictions unambiguously address ≤5 criteria in statutes and regulations. None of the significant legal criteria are unambiguously addressed in >60% of the 53 jurisdictions. Laws can be barriers to or enablers of HIEs. However, jurisdictions are not addressing many significant issues identified by researchers. Consequently, there is a substantial risk that existing legal frameworks are not adequately supporting HIEs. The current evidence base is insufficient for comparative assessments or impact rankings of the various factors. However, the detailed Centers for Disease Control and Prevention dataset of HIE laws could enable investigations into the types of laws that promote or impede HIEs.

  5. New paradigm of environmental law: sustainability as juridical opportunity for progress

    International Nuclear Information System (INIS)

    Mora Barboza, Ignacio; Quesada Gutierrez, Pamela

    2014-01-01

    The international scientific community has identified the situation, since the seventies, that the human activities in their eagerness to expansion, have caused an unavoidable deterioration in environmental resources. This concern was referred principally the relationship resources (natural)-economy. This idea would be the germ of what would come to be sustainable development; but, that would leave aside temporarily emergence of social concern. The sustainable development little by little is disappeared from the work tables, and it has better spoken about sustainable living scheme, others have spoken even a good living. Apparently this is to follow without the same development model with a sustainable labels, it comes to go further and make sustainability a model of life. To understand this new concept of sustainability, also as a right, in its case if derived from right to development and to healthy environment, it has been the germ of the investigation. In addition, it is determined as is perceived the sustainability as a legal instrument for effective implementation. This objective is intended to achieve through an analysis of existing legal form and a proposal brought to the legal system. Such theorizing was presented more than as a growth model, as an ethical idea that has tried to change not only the scheme to environmental law and the law in general, but that was presented also as a scheme of life. The importance of sustainability is determined as a new paradigm of law, its impact on global ethics and the Costa Rican legal system; through the development of qualitative research method, under the paradigm without experimentation, own techniques of that procedure were used, through consultation of national and foreign literary texts as well as national and international legislation, a first approach to the subject was held, so that allows creating and developing the research problem, which has served as a guide to action during the investigation. (author) [es

  6. USE OF WEB-RESOURCES IN THE EDUCATIONAL COURSE "ENVIRONMENTAL LAW OF UKRAINE"

    Directory of Open Access Journals (Sweden)

    Serhiy H. Pankevych

    2013-10-01

    Full Text Available The review of the important ecological-law web-resources is submitted. The main possibilities and some nuances of work with sites of legal databases are described. It is accented on opportunities of expanded search on portals of the Verkhovna Rada of Ukraine, «Liga-Zakon» and «NAU-online» systems, in the Unified State Register of judgments. Some references on resources of the public organizations which are engaged in nature protection activities are given. The approximate subject is defined and examples of the concrete practical and individual training, based on the use of thematic web resources, are presented. Methodical value of application the Internet-technologies when studying and teaching ekological-law disciplines is estimated.

  7. Association of State Recreational Marijuana Laws With Adolescent Marijuana Use.

    Science.gov (United States)

    Cerdá, Magdalena; Wall, Melanie; Feng, Tianshu; Keyes, Katherine M; Sarvet, Aaron; Schulenberg, John; O'Malley, Patrick M; Pacula, Rosalie Liccardo; Galea, Sandro; Hasin, Deborah S

    2017-02-01

    Historical shifts are occurring in marijuana policy. The effect of legalizing marijuana for recreational use on rates of adolescent marijuana use is a topic of considerable debate. To examine the association between the legalization of recreational marijuana use in Washington and Colorado in 2012 and the subsequent perceived harmfulness and use of marijuana by adolescents. We used data of 253 902 students in eighth, 10th, and 12th grades from 2010 to 2015 from Monitoring the Future, a national, annual, cross-sectional survey of students in secondary schools in the contiguous United States. Difference-in-difference estimates compared changes in perceived harmfulness of marijuana use and in past-month marijuana use in Washington and Colorado prior to recreational marijuana legalization (2010-2012) with postlegalization (2013-2015) vs the contemporaneous trends in other states that did not legalize recreational marijuana use in this period. Perceived harmfulness of marijuana use (great or moderate risk to health from smoking marijuana occasionally) and marijuana use (past 30 days). Of the 253 902 participants, 120 590 of 245 065(49.2%) were male, and the mean (SD) age was 15.6 (1.7) years. In Washington, perceived harmfulness declined 14.2% and 16.1% among eighth and 10th graders, respectively, while marijuana use increased 2.0% and 4.1% from 2010-2012 to 2013-2015. In contrast, among states that did not legalize recreational marijuana use, perceived harmfulness decreased by 4.9% and 7.2% among eighth and 10th graders, respectively, and marijuana use decreased by 1.3% and 0.9% over the same period. Difference-in-difference estimates comparing Washington vs states that did not legalize recreational drug use indicated that these differences were significant for perceived harmfulness (eighth graders: % [SD], -9.3 [3.5]; P = .01; 10th graders: % [SD], -9.0 [3.8]; P = .02) and marijuana use (eighth graders: % [SD], 5.0 [1.9]; P = .03; 10th graders

  8. Operational Law Handbook,2007

    National Research Council Canada - National Science Library

    2007-01-01

    ...), human rights, rules of engagement, emergency essential civilians supporting military operations, contingency contractor personnel, foreign and deployment, criminal law, environmental law, fiscal law...

  9. Privacy of genetic information: a review of the laws in the United States.

    Science.gov (United States)

    Fuller, B; Ip, M

    2001-01-01

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

  10. The 'Umweltanwalt' as a means of 'indirect citizens participation' - A survey of possibilities of the representation of environmental interests in administrative procedures in Austrian law

    International Nuclear Information System (INIS)

    Schnedl, G.

    1990-11-01

    The central topic of this study is how environmental protection can be ensured within the framework of administrative procedures in Austria. Environmental law in Austria faces two major problems. One is the inadequacy of statutory law; the other a lack of execution. The reasons for the latter are examined in part I. The main part of the study discusses various ways of representing environmental protection interests in administrative procedures, such as licensing. As there are certain limits to citizen's individual rights the study focusses on the participation of groups of citizens and associations as well as ' indirect participation' through an institutionalized representative of environmental interests (a so called 'Umweltanwalt'). Part II gives a comparative analysis of the legal implementation of the 'Umweltanwalt' and similar institutions in Austria's 'Laender' (federal states); it also deals with the pros and cons of creating an 'Umweltanwalt' on the federal level. Part III is dedicated to a proposed amendment of the rules of administrative procedure providing for the participation of the public in environmental decision making. Part IV deals with the question if this procedural approach can be the basis of an appropriate environmental impact assessment. The final part summarizes the positive and negative aspects of the various instruments and pleads for their combination as a solution for the problem of underrepresentation of environmental interests in agency decision making. (author)

  11. Environmental law issues: Offshore oil and gas activities and tanker transportation

    International Nuclear Information System (INIS)

    Chapman, P.M.

    1991-01-01

    The environmental law issues that arise from offshore oil/gas activities and petroleum transport are reviewed, focusing on marine oil pollution and especially on the issues surrounding accidental spills. Some observations are offered on the context of these issues, namely on the risks of oil spills, the difficulty of spill response in the ocean and on shorelines, and the possible environmental damage. Environmental control of petroleum operations is discussed with reference to Canadian regulation, the primary source of which is the Oil and Gas Production and Conservation Act. These regulations require developmental approval for offshore operations, formulation of plans for foreseeable spill emergencies, and compensation to those affected by spills, notably those in the fishing industry. Ship-source oil pollution and spill compensation is discussed with reference to international agreements and the Canada Shipping Act. Some problems and trends with oil spill compensation and recovery for environmental damage are noted in such areas as tanker ship standards, cleanup capabilities, and inadequacy of spill penalties and compensation. 18 refs., 1 fig

  12. Relationship between licensing, registration, and other gun sales laws and the source state of crime guns.

    Science.gov (United States)

    Webster, D W; Vernick, J S; Hepburn, L M

    2001-09-01

    To determine the association between licensing and registration of firearm sales and an indicator of gun availability to criminals. Tracing data on all crime guns recovered in 25 cities in the United States were used to estimate the relationship between state gun law categories and the proportion of crime guns first sold by in-state gun dealers. In cities located in states with both mandatory registration and licensing systems (five cities), a mean of 33.7% of crime guns were first sold by in-state gun dealers, compared with 72.7% in cities that had either registration or licensing but not both (seven cities), and 84.2% in cities without registration or licensing (13 cites). Little of the difference between cities with both licensing and registration and cities with neither licensing nor registration was explained by potential confounders. The share of the population near a city that resides in a neighboring state without licensing or registration laws was negatively associated with the outcome. States with registration and licensing systems appear to do a better job than other states of keeping guns initially sold within the state from being recovered in crimes. Proximity to states without these laws, however, may limit their impact.

  13. The threat in Iran and United States of America criminal law

    Directory of Open Access Journals (Sweden)

    Mohammad Ali Mahdavi Sabet

    2017-06-01

    Full Text Available Iran criminal law and United States of America have considered the threat as a crime and have imposed the penalty for it. The threat importance is considered in where that from one side the persons and civilians in accordance with domestic laws and international documents are involved very important right entitled of "Freedom of speech" and the mentioned rights violation is associated with domestic and foreign criminal sanctions and on the other hand, the expression of some words or commit a certain attitude with them and in accordance with the same laws are prohibited and to be considered as the criminal threat. However, the laws of both countries have adopted different approaches regarding the circumstances realization of the mentioned crime and some of its examples, although in some criminal threat characteristics such as lack of necessity to apply the means are unlawful and have similarity in its intentionality. In order to detailed understanding of the similarities and differences of criminal threats in Iran and America laws, which leads to the identification of existing disadvantages and advantages and providing the strategies regarding the deficiencies of the current laws and trends, so we are investigating the structure and threat features in criminal law of both countries.

  14. National Environmental Policy Act

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — The National Environmental Policy Act (NEPA) was the first major environmental law in the United States and established national environmental policies for the...

  15. Drone Warfare: Is the United States Violating the Law of Armed Conflict

    Science.gov (United States)

    2011-02-16

    NOTE AIR WAR COLLEGE AIR UNIVERSITY DRONE WARFARE: IS THE UNITED STATES VIOLATING THE LAW OF ARMED CONFLICT? by Barbara E. Shestko, Col...Base, Alabama. 1 Introduction The United States has become increasingly dependent upon the use of unmanned aircraft systems (UASs) or “ drones ” to...kill targeted members of al-Qaeda and the Taliban.1 Due to the success of drone warfare, we can expect the United States to continue its current

  16. State obligations to implement African abortion laws: employing human rights in a changing legal landscape.

    Science.gov (United States)

    Ngwena, Charles G

    2012-11-01

    Women in the African region are overburdened with unsafe abortion. Abortion regimes that fail to translate any given abortion rights into tangible access are partly to blame. Historically, African abortion laws have been highly restrictive. However, the post-independence era has witnessed a change toward liberalizing abortion law, even if incremental for many jurisdictions. Furthermore, Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has significantly augmented the regional trend toward liberalization by recognizing abortion as a human right in given circumstances. However, states are failing to implement abortion laws. The jurisprudence that is emerging from the European Court of Human Rights and United Nations treaty bodies is a tool that can be used to render African governments accountable for failure to implement domestic abortion laws. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  17. Case law: France, Germany, India, Switzerland, United States

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    France: Administrative Court of Appeal of Lyon, 19 June 2012, Judgements Nos. 12LY00233 and 12LY00290 regarding EDF's permit to construct a waste conditioning and storage facility (ICEDA) in the town of Saint-Vulbas; Conseil d'Etat decision regarding Atelier de technologie de plutonium (ATPu) located at the Cadarache site. Germany: Request for arbitration against Germany at the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) because of Germany's legislation leading to the phase-out of nuclear energy. India: Cases related to the Kudankulam Nuclear Power Project (KKNPP). Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Inc. on the revocation of the operating licence for the Muehleberg nuclear power plant. United States: Judgement of the Court of Appeals for the D.C. Circuit vacating the NRC's 2010 Waste Confidence Decision and Rule Update; U.S. Supreme Court declines petition for certiorari filed by property owners on Price- Anderson Act claim for damages; Judgement of the NRC Atomic Safety and Licensing Board finding applicants ineligible to obtain a combined license because they are owned by a U.S. corporation that is 100% owned by a foreign corporation; Judgement of an NRC Atomic Safety and Licensing Board Authorizing Issuance of a license for the construction and operation of a commercial laser enrichment facility

  18. Transgendered Prisoners in the United States: A Progression of Laws

    Directory of Open Access Journals (Sweden)

    Rudolph Alexander

    2013-11-01

    Full Text Available In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disorder was not a serious mental disorder—a critical component of the right to medical care and mental health treatment. Later, a few appeals courts ruled that gender identity disorder was a serious mental disorder, triggering a prisoner’s right to medical care and mental health treatment for this disorder. Prisoners with gender identity disorder have litigated for sex realignment surgery as part of their treatment, which prison administrators have balked. The latest ruling unequivocally ordered the Massachusetts Department of Corrections to give a prisoner suffering from gender identity disorder sex reassignment surgery, but the prison system has appealed. This ruling, and previous rulings, has furthered policy towards transsexual prisoners.

  19. The responsibilities of the in-plant environmental protection officer under civil law and under criminal law. Zivilrechtliche und strafrechtliche Verantwortung des Betriebsbeauftragten fuer Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Salje, P.

    1993-11-20

    The scope of responsibilities of the in-plant environmental protection officer covers a wide range of tasks: Water protection, waste management, control of emissions for air pollution abatement, emergency preparedness, radiological protection. What are the consequences for the EP officer in case of neglect This is the topic of the contribution, discussed from the viewpoint of criminal law and private law. The criminal liability of the EP officer results from the EP officer committing an offence either by wilful act or by neglect, it, in the latter case, the officer is in a warranty position. Under private law, the EP officer is subject to third party liability within the framework defined by Paragraph 823 BGB. There is no possibility for him to claim restriction of liability refering to the enhanced risks involved in his job. Hence a sound professional indemnity insurance is recommendable. (orig.)

  20. Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992; Neue Literatur zum Umweltrecht. Veroeffentlichungen im Zeitraum vom 1.7.1991 bis zum 30.6.1992

    Energy Technology Data Exchange (ETDEWEB)

    Lohse, S. [comp.; Doerner, E. [comp.

    1992-08-01

    The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [Deutsch] Die Bibliographie enthaelt 1685 Literaturzitate zu folgenden Themen: Umweltschutz im allgemeinen; Umweltverfassungsrecht, -verwaltungsrecht, -prozessrecht, -finanzrecht, -strafrecht, -privatrecht, -arbeitsrecht; Recht der raeumlichen Entwicklung; Naturpflegerecht; Gewaesserschutzrecht; Abfallrecht; Immissionsschutzrecht; Atom- und Strahlenschutzrecht; Energie- und Bergrecht, Gefahrstoff- und Umweltgesundheitsrecht. (orig.)

  1. The evolution of the ecological policy and the environmental law of the European community

    International Nuclear Information System (INIS)

    Dietinger, A.

    1998-08-01

    This thesis is structured chronologically starting with the origins of a European environment policy. These origins can be found in the foundation treaty of the European Community but are not explicitly codified. The thesis shows that the emphasis on economics in the European Community turned from acceptance of an environment policy as a marginal phenomenon to valuation of environmental policies as a principle of its own. The focus is on the contents of the EC Trial. The normative structure on which the environmental policy is built on aims of making clear that not only political declarations without any codification are made, but that the environment is a field of community activity to be taken seriously. Special attention is given the aim of economic growth and its incompatibles environmental policies. Convergence can only be reached if EC Member States use their potential of cooperation and are ready to make their contribution. A special chapter deals with the competence of member states concerning environmental policies. As contracting partners to GATT, member states of the European Union represent a very large portion of world trade, we have to make sure environmental policy is given the right place it deserves in free world trade. A summary and final reflections are included in the last part of the thesis. (author)

  2. Sovereignties in Conflict: Socio-environmental Mobilization and the Glaciers Law in Argentina

    Directory of Open Access Journals (Sweden)

    Lucas Christel

    2017-10-01

    Full Text Available Until 2010, the cycle of socio-environmental mobilization in Argentina against transnational mining that began in 2003 had influenced legislative power only at subnational levels. The enactment of the Glaciers Law in 2010 constituted the first time that socio-environmental mobilization successfully influenced legislative power at the federal level. This article makes a double contribution to the analysis of this type of conflict. In theoretical terms, through the notion of “sovereignties in conflict”, it problematizes the question of sovereignty in relation to socio-environmental conflicts, a dimension currently absent in studies of this kind. In empirical terms, it carries out a study of the enactment of the Glaciers Law. The principal argument is that the greater influence of socio-environmental mobilization on federal legislative power was made possible by the higher degree of openness to various viewpoints at this level, in contrast to that observed at subnational levels, and by the more successful organization and articulation of socio-environmental mobilization in this broader context. Resumen: Soberanías en conflicto: Movilización socioambiental y La Ley de Glaciares en ArgentinaHasta 2010, el ciclo de movilización socioambiental en la Argentina contra la minería trans-nacional que comenzó en 2003 había influenciado el poder legislativo a escala subnacional. Sin embargo, la sanción de la Ley de Glaciares en 2010 constituyó la primera vez que la movilización socioambiental logró condicionar el poder legislativo a escala federal. Este artículo realiza una doble contribución al análisis de este tipo de conflictos. En términos teóricos, a través de la noción de soberanías en conflicto, problematiza la cuestión de la soberanía en relación a los conflictos socioambientales, dimensión ausente hasta el presente en este tipo de estudios. En términos empíricos, realiza un estudio de la sanción de La Ley de Glaciares

  3. The effect of gun control laws on hospital admissions for children in the United States.

    Science.gov (United States)

    Tashiro, Jun; Lane, Rebecca S; Blass, Lawrence W; Perez, Eduardo A; Sola, Juan E

    2016-10-01

    Gun control laws vary greatly between states within the United States. We hypothesized that states with strict gun laws have lower mortality and resource utilization rates from pediatric firearms-related injury admissions. Kids' Inpatient Database (1997-2012) was searched for accidental (E922), self-inflicted (E955), assault (E965), legal intervention-related (E970), or undetermined circumstance (E985) firearm injuries. Patients were younger than 20 years and admitted for their injuries. Case incidence trends were examined for the study period. Propensity score-matched analyses were performed using 38 covariates to compare outcomes between states with strict or lenient gun control laws. Overall, 38,424 cases were identified, with an overall mortality of 7%. Firearm injuries were most commonly assault (64%), followed by accidental (25%), undetermined circumstance (7%), or self-inflicted (3%). A small minority involved military-grade weapons (0.2%). Most cases occurred in lenient gun control states (48%), followed by strict (47%) and neutral (6%).On 1:1 propensity score-matched analysis, in-hospital mortality by case was higher in lenient (7.5%) versus strict (6.5%) states, p = 0.013. Lenient states had a proportionally higher rate of accidental (31%) and self-inflicted injury (4%) versus strict states (17% and 1.6%, respectively), p gun control contributes not only to worse outcomes per case, but also to a more significant and detrimental impact on public health. Epidemiologic study, level III.

  4. Trade restrictions as a means of enforcing compliance with international environmental law. Montreal Protocol on Substances that Deplete the Ozone Layer

    International Nuclear Information System (INIS)

    Lang, W.

    1996-01-01

    The contribution reviews primarily Art. 4 of the Montreal Protocol and its efficiency for enforcing compliance with obligations under international environmental law and discusses aspects of possible conflicts with GATT law. (CB)

  5. WHAT'S LAW GOT TO DO WITH IT: THE RELATIONSHIP OF LAW TO ENVIRONMENTAL SYSTEMS MANAGEMENT AND SUSTAINABILITY RESEARCH

    Science.gov (United States)

    Legal concepts cannot be described as the area under the curve or in terms of equilibrium equations; however, law is one of several dimensions of a complex system that must be included in an interdisciplinary study of sustainability. It is one of the initial conditions to be cons...

  6. Comparing Interval Management Control Laws for Steady-State Errors and String Stability

    Science.gov (United States)

    Weitz, Lesley A.; Swieringa, Kurt A.

    2018-01-01

    Interval Management (IM) is a future airborne spacing concept that leverages avionics to provide speed guidance to an aircraft to achieve and maintain a specified spacing interval from another aircraft. The design of a speed control law to achieve the spacing goal is a key aspect in the research and development of the IM concept. In this paper, two control laws that are used in much of the contemporary IM research are analyzed and compared to characterize steady-state errors and string stability. Numerical results are used to illustrate how the choice of control laws gains impacts the size of steady-state errors and string performance and the potential trade-offs between those performance characteristics.

  7. Introduction: Social-Ecological Resilience and Law

    Science.gov (United States)

    Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and n...

  8. 287(g): Cross-Delegating State and Local Law Enforcement Officers with Federal Immigration Authority - Homeland Security Remedy or Rue?

    National Research Council Canada - National Science Library

    Lines, Jonathan L

    2008-01-01

    As a result of the federal government's shortcomings in thwarting illegal immigration, state and local law enforcement agencies are now largely shouldering the problem of criminal activity associated...

  9. Evolution of Italian environmental normative on cogeneration and application of Law 10/91

    International Nuclear Information System (INIS)

    Piancastelli, E.

    1992-01-01

    From the Proceedings of the FIRE (Italian Federation for the Rational use of Energy), December 12 - 13, 1991, meeting, separate abstracts were prepared for 2 papers. The main topics were: the planning criteria that went into the formulation of the incentives made possible through Italian legislation on cogeneration plants for on-site power generation and the response obtained from small, medium and large industrial firms; the evaluation of cogeneration plants for on-site power generation to allow prospective cogeneration plant owners to build energy/cost efficient plants and to be able to make a proper assessment of eligible financial assistance which may be obtained through the provisions of energy conservation/environmental protection normatives and laws set up by the Italian National Energy Plan; and the determination of optimal contracts with ENEL (the Italian National Electricity Board), especially for the case of excess power to be ceded to the national grid

  10. The protection of environmental interests through corporate governance: A South African company law perspective.

    Directory of Open Access Journals (Sweden)

    Anthony O Nwafor

    2015-07-01

    Full Text Available The quest to maximize profits by corporate administrators usually leaves behind an unhealthy environment. This trend impacts negatively on long term interests of the company and retards societal sustainable development. While there are in South Africa pieces of legislation which are geared at protecting the environment, the Companies Act which is the principal legislation that regulates the operations of the company is silent on this matter. The paper argues that the common law responsibility of the directors to protect the interests of the company as presently codified by the Companies Act should be developed by the courts in South Africa, in the exercise of their powers under the Constitution, to include the interests of the environment. This would guarantee the enforcement of the environmental interests within the confines of the Companies Act as an issue of corporate governance.

  11. Member States must apply most favoured nation treatment under EU law

    NARCIS (Netherlands)

    de Groot, I.M.

    2014-01-01

    According to case law from the Court of Justice of the European Union (CJEU), a Member State is not obliged to enact most favoured nation treatment if a tax treaty prescribes a certain type of tax treatment (bilateral most favoured nation treatment). In this article, the author discusses whether EU

  12. Causation in the law of state responsibility and the problem of overdetermination : In search for clarity

    NARCIS (Netherlands)

    Plakokefalos, I.

    2015-01-01

    This article addresses the preliminary steps that must be taken in order to study the problems stemming from overdetermination in the law of state responsibility. Overdetermination, broadly defined, is the existence of multiple causes (multiple wrongdoers, external natural causes, contribution to

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

    NARCIS (Netherlands)

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

    2011-01-01

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

  14. 12 CFR 707.1 - Authority, purpose, coverage and effect on State laws.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Authority, purpose, coverage and effect on... AFFECTING CREDIT UNIONS TRUTH IN SAVINGS § 707.1 Authority, purpose, coverage and effect on State laws. (a... National Credit Union Administration. In addition, the advertising rules in § 707.8 apply to any person who...

  15. 12 CFR 230.1 - Authority, purpose, coverage, and effect on state laws.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Authority, purpose, coverage, and effect on..., and effect on state laws. (a) Authority. This part, known as Regulation DD, is issued by the Board of... advertising rules in § 230.8 of this part apply to any person who advertises an account offered by a...

  16. Constitutional Law Fundamentals of the State Administration of the Social Sphere in the Republic of Kazakhstan

    Science.gov (United States)

    Khamzin, Amangeldy Sh.; Khamzina, Zhanna A.; Oryntayev, Zhambyl K.; Alshurazova, Raushan A.; Sherimkulova, Gulbanu D.; Yermukhametova, Saulegul R.

    2016-01-01

    The study deals with a comprehensive analysis of constitutional fundamentals of state administration of the social sphere in the Republic of Kazakhstan. The content of the constitutional law social sphere institution is unfolded by means of the inter-sectoral analysis of legal regulations of which it consists and the inter-disciplinary study of…

  17. 27 CFR 478.24 - Compilation of State laws and published ordinances.

    Science.gov (United States)

    2010-04-01

    ... published ordinances. (a) The Director shall annually revise and furnish Federal firearms licensees with a... Director annually revises the compilation and publishes it as “State Laws and Published Ordinances—Firearms... and published ordinances. 478.24 Section 478.24 Alcohol, Tobacco Products, and Firearms BUREAU OF...

  18. 15 CFR 8a.535 - Effect of state or local law or other requirements.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Effect of state or local law or other requirements. 8a.535 Section 8a.535 Commerce and Foreign Trade Office of the Secretary of Commerce... are not imposed upon members of the other sex. (b) Benefits. A recipient that provides any...

  19. Minors' rights to consent to treatment: navigating the complexity of State laws.

    Science.gov (United States)

    Vukadinovich, David M

    2004-01-01

    State laws recognize that a competent adult patient has the right to consent to or refuse medical treatment. While the law is clear with regard to the right of competent adults, state statutes are more complicated when the patient is a minor. While the law should, and does, attempt to balance the rights and obligations of parents and guardians against the access and privacy rights of minors, complicated state statutory schemes often fail to simultaneously address those contrasting goals in a consistent and uniform manner. The result is a confusing set of seemingly arbitrary and sometimes conflicting provisions that require the detailed attention of healthcare providers to ensure legal compliance. With the aim of helping healthcare practitioners meet their legal obligations, this Article examines state laws governing minor's consent rights byfocusing on the instances in which a minor's parent, guardian, or other authorized adult is permitted to consent to treatment on behalf of a minor and the instances in which a minor is authorized to act independent of adult intervention.

  20. 12 CFR 557.12 - What are some examples of preempted state laws affecting deposits?

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false What are some examples of preempted state laws affecting deposits? 557.12 Section 557.12 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY DEPOSITS Deposit Activities of Federal Savings Associations § 557.12 What are some examples of...

  1. 13 CFR 113.535 - Effect of state or local law or other requirements.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Effect of state or local law or other requirements. 113.535 Section 113.535 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION... obligation to comply with §§ 113.500 through 113.550 is not obviated or alleviated by the existence of any...

  2. State Law Challenges to School Discipline: An Outline of Claims and Case Summaries.

    Science.gov (United States)

    Pressman, Robert

    This publication presents topic headings that may be used as a checklist of state law grounds for challenging a disciplinary action. Topics include: (1) illegality in rule adoption; (2) inadequate notice that conduct is subject to discipline; (3) existence of a protected interest; (4) inadequate notice of hearing; (5) inadequate hearing…

  3. Reforming Investor–State Dispute Settlement: A (Comparative and International) Constitutional Law Framework

    NARCIS (Netherlands)

    Schill, S.W.

    As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor–state dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system

  4. Managing crime through migration law in Australia and the United States: a comparative analysis.

    Science.gov (United States)

    Hoang, Khanh; Reich, Sudrishti

    2017-01-01

    This article examines the intertwining of migration law and criminal law - termed 'crimmigration' by scholars - in Australia and the United States of America, and its implications for non-citizens who engage in criminal conduct. Our comparison of the two systems demonstrates that the laws and policies in both jurisdictions are similar to a significant degree. Both have strong exclusionary policies characterised by sweeping visa cancellation/removal powers, a heavy focus on enforcement, and limited review rights. In Australia, legislative amendments in 2014 have given the executive greater powers to cancel visas and remove non-citizens on character grounds as a means of ensuring national security and public safety. This has coincided with a new law enforcement body created within the Australian Department of Immigration. These changes reflect a repurposing of migration law as a tool for managing criminal threats based on the concept of 'risk management'. Drawing on the experience of the United States - where such a 'risk management' approach is entrenched - we query the utility of this shift and highlight the potential pitfalls of pursuing such a policy for Australia.

  5. Case law

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal dismissing an appeal related to an environmental assessment of a project to refurbish and extend the life of an Ontario nuclear power plant; 2 - Poland: Decision of the Masovian Voivod of 28 December 2015 concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository (2015); 3 - United States: Commission authorises issuance of construction permit for the Shine Medical Isotope Facility in Janesville, Wisconsin; 4 - United States: Commission authorises issuance of combined licences for the South Texas Project site in Matagorda County, Texas

  6. Environmental impact assessment in the Fijian state sector

    International Nuclear Information System (INIS)

    Turnbull, Jane

    2003-01-01

    For over 20 years, the South Pacific state of Fiji has required developers to conduct more than 70 environmental impact assessments (EIA), without specifying the environmental quality or impacts it considers (in)appropriate. It has ignored aspects of EIA to which agencies funding development have paid little attention--assessing alternatives, monitoring outcomes and enforcing consent conditions. This infers the Fijian state is not serious about using EIA to control environmental quality. Factors other than technical shortcomings are shaping the way the state constrains EIA practice. Unless these factors change, the comprehensive EIA system proposed in Sustainable Development legislation will not prevent environmental degradation

  7. Power-Law-Distributed Dark States are the Main Pathway for Photobleaching of Single Organic Molecules

    OpenAIRE

    Hoogenboom, J.P.; Hoogenboom, Jacob; van Dijk, E.M.H.P.; Hernando Campos, J.; van Hulst, N.F.; Garcia Parajo, M.F.

    2005-01-01

    We exploit the strong excitonic coupling in a superradiant trimer molecule to distinguish between long-lived collective dark states and photobleaching events. The population and depopulation kinetics of the dark states in a single molecule follow power-law statistics over 5 orders of magnitude in time. This result is consistent with the formation of a radical unit via electron tunneling to a time-varying distribution of trapping sites in the surrounding polymer matrix. We furthermore demonstr...

  8. Parenting and the workplace: The construction of parenting protections in United States law

    OpenAIRE

    Eichner Maxine

    2008-01-01

    Abstract In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is ab...

  9. State laws prohibiting sales to minors and indoor use of electronic nicotine delivery systems--United States, November 2014.

    Science.gov (United States)

    Marynak, Kristy; Holmes, Carissa Baker; King, Brian A; Promoff, Gabbi; Bunnell, Rebecca; McAfee, Timothy

    2014-12-12

    Electronic nicotine delivery systems (ENDS), including electronic cigarettes (e-cigarettes) and other devices such as electronic hookahs, electronic cigars, and vape pens, are battery-powered devices capable of delivering aerosolized nicotine and additives to the user. Experimentation with and current use of e-cigarettes has risen sharply among youths and adults in the United States. Youth access to and use of ENDS is of particular concern given the potential adverse effects of nicotine on adolescent brain development. Additionally, ENDS use in public indoor areas might passively expose bystanders (e.g., children, pregnant women, and other nontobacco users) to nicotine and other potentially harmful constituents. ENDS use could have the potential to renormalize tobacco use and complicate enforcement of smoke-free policies. State governments can regulate the sales of ENDS and their use in indoor areas where nonusers might be involuntarily exposed to secondhand aerosol. To learn the current status of state laws regulating the sales and use of ENDS, CDC assessed state laws that prohibit ENDS sales to minors and laws that include ENDS use in conventional smoking prohibitions in indoor areas of private worksites, restaurants, and bars. Findings indicate that as of November 30, 2014, 40 states prohibited ENDS sales to minors, but only three states prohibited ENDS use in private worksites, restaurants, and bars. Of the 40 states that prohibited ENDS sales to minors, 21 did not prohibit ENDS use or conventional smoking in private worksites, restaurants, and bars. Three states had no statewide laws prohibiting ENDS sales to minors and no statewide laws prohibiting ENDS use or conventional smoking in private worksites, restaurants, and bars. According to the Surgeon General, ENDS have the potential for public health harm or public health benefit. The possibility of public health benefit from ENDS could arise only if 1) current smokers use these devices to switch completely

  10. Floquet states of a kicked particle in a singular potential: Exponential and power-law profiles

    Science.gov (United States)

    Paul, Sanku; Santhanam, M. S.

    2018-03-01

    It is well known that, in the chaotic regime, all the Floquet states of kicked rotor system display an exponential profile resulting from dynamical localization. If the kicked rotor is placed in an additional stationary infinite potential well, its Floquet states display power-law profile. It has also been suggested in general that the Floquet states of periodically kicked systems with singularities in the potential would have power-law profile. In this work, we study the Floquet states of a kicked particle in finite potential barrier. By varying the height of finite potential barrier, the nature of transition in the Floquet state from exponential to power-law decay profile is studied. We map this system to a tight-binding model and show that the nature of decay profile depends on energy band spanned by the Floquet states (in unperturbed basis) relative to the potential height. This property can also be inferred from the statistics of Floquet eigenvalues and eigenvectors. This leads to an unusual scenario in which the level spacing distribution, as a window in to the spectral correlations, is not a unique characteristic for the entire system.

  11. Comparative analysis of the EU criminal law for environmental protection and the Albanian one

    Directory of Open Access Journals (Sweden)

    Iris Petrela

    2016-03-01

    Full Text Available This paper consists of two main parts where the first one presents the path how the environmental issue was included in the primary legislation of the European Union (EU, starting this theoretical panorama from the first founding treaty – Treaty of Rome, in 1957. It shows that with the passing of years the environmental protection has become one of the most important fields of action of the European Community supported by the primary and secondary legislation of the EU and its several bodies with competencies in this field. The second part of the paper starts with the commitments on the environmental protection that the Albanian state has made upon signature and entrance into force of the Stabilisation and Association Agreement with the EU. In addition, this article presents a summary of the legislative activity in Albania regarding environmental protection in the last two decades with special focus on the time period after the approval of the current Constitution of 1998, which is the basis and origin of every legislative initiative. Furthermore, there are presented the key features of the Albanian environmental legislation, as well as the protection mechanism from the criminal legislation point of view. The presentation of the European and national reality with special focus on environmental protection serves to a comparative purpose between the two models. It also serves to draw conclusions and propose suggestions on how the Albanian legislation should be developed and improved in order to be in line with that of the European Union and effective in practice to serve the ultimate goal of environmental protection and prevention from further environmental degradation.

  12. The state of enforcement of the Law Concerning Prevention from Radiation Hazards Due to Radioisotopes, etc

    International Nuclear Information System (INIS)

    1978-01-01

    In recent years, the uses of radioisotopes and radiation generators have advanced remarkably in Japan. The establishments utilizing them are on rapid increase in industries, medicine, research and education. Furthermore, since the types of usage are more diversified, the kinds of radioisotopes and their quantities are also increasing. In this connection, The Law Concerning Prevention from Radiation Hazards Due to Radioisotopes, etc. has been in force for about twenty years. Under the current situation in this field, importance of the administration concerning enforcement of The Law is ever rising. In the Science and Technology Agency, in view of the occurrence of accidents in certain enterprises, starting in fiscal 1974, various measures have been taken. As the state of enforcement of The Law, the following matters are presented; the establishments using, selling and disposing of radioisotopes, etc. up to fiscal 1977 (in tables); and variety of governmental measures taken by the Agency. (Mori, K.)

  13. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

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

  14. Show us the money: lessons in transparency from state pharmaceutical marketing disclosure laws.

    Science.gov (United States)

    Chimonas, Susan; Rozario, Natassia M; Rothman, David J

    2010-02-01

    To assess legislation requiring drug companies to report gifts to providers, and to evaluate the information obtained. Data included legislation in Vermont, Minnesota, Maine, Massachusetts, West Virginia, and the District of Columbia, and company disclosure data from Vermont. We evaluated the strengths and weaknesses of state legislation. We also analyzed 4 years of company disclosures from Vermont, assessing the value and distribution of industry-provider exchanges and identifying emerging trends in companies' practices. State legislation is publically available. We obtained Vermont's data through requests to the state's Attorney General's office. Of the state laws, only Vermont's yielded robust, publically available data. These data show gifting was dominated by a few major corporations, and Companies were especially generous to specialists in psychiatry, endocrinology/diabetes/metabolism, internal medicine, and neurology. Companies increasingly used loopholes in the law to avoid public scrutiny. Disclosure laws are an important first step in bringing greater transparency to physician-industry relationships. But flaws and weaknesses limit the states' ability to render physician-industry exchanges fully transparent. Future efforts should build on these lessons to render physician-industry relationships fully transparent.

  15. A Tale Of Two States: Mississippi, West Virginia, And Exemptions To Compulsory School Vaccination Laws.

    Science.gov (United States)

    Colgrove, James; Lowin, Abigail

    2016-02-01

    School-based compulsory vaccination laws have provoked debates over the legitimacy of government coercion versus the scope of parental rights. A key point of contention in these school vaccination laws are provisions known as exemption clauses that allow some parents to enroll their children in school unimmunized for reasons other than medical conditions. For more than three decades Mississippi and West Virginia stood apart as the only two US states that did not offer nonmedical exemptions to school vaccination laws. But other states seem to be moving in this direction, such as California, which in 2015 eliminated nonmedical exemptions following the Disneyland measles outbreak. The apparent shift creates an opportune moment to look at the experiences of Mississippi and West Virginia. Through a review of legislative histories, legal rulings, media accounts, and interviews with health officials in the two states, we consider the reasons for and consequences of their allowing only medical exemptions and the prospects their approach holds out for other states that may wish to emulate it. The experiences of these two states suggest that contrary to conventional wisdom, it may be politically tenable to limit exemptions to only medical reasons without damaging either the stature of public health or the immunization system. Project HOPE—The People-to-People Health Foundation, Inc.

  16. Klimaschutz in China. Summary of experience from the existing environmental law relating to climate change and suggestions for China's climate change legislation

    Energy Technology Data Exchange (ETDEWEB)

    Cao, Mingde [China Univ. of Political Science and Law, Peking (China). Climate Change and Natural Resources Law Center

    2014-07-01

    This essay summarizes Chinese experiences from environmental law relating to climate change legislation and puts forward certain constructive advices, by a comprehensive and systematic examination of China's laws and policies in addressing the issue of climate change, and evaluation on their legal effects. On the basis of analysis and empirical research of this essay, it could be found that, there are many successful institutions in the existing policy systems and practices of China in respect of greenhouse gas emission reduction, including the planning and scheduling institution, the target responsibility institution, and the compulsory standard institution. These institutions should be amended, confirmed and fixed down in the laws, so as to bring their functions into full play. Simultaneously, climate change legislation should bring in and focus on promoting new institutions such as the institution of climate change environmental impact evaluation on construction projects, planning and policy strategies, carbon capture and storage technology promotion institution, carbon sinks trading or indemnification institution. Local governments have urgent demand for climate change legislation as well as obvious limitations, as a result, it is imperative for the launch of state-level comprehensive mode of climate change legislation. The basic principles of legislation may incorporate policy principles and introduce specific principles in the field. Furthermore, building a perfect administrative system and nailing down the legal responsibilities for addressing climate change are crucial for safeguarding the smooth implementation of laws. This study aims at providing early-stage preparations for China's climate change legislation, and a research foundation for drafting climate change laws. Research findings of this study involve three aspects, i.e. laws, policies and practice, by studying more than thirty resolutions of the general assembly of the United Nations

  17. Klimaschutz in China. Summary of experience from the existing environmental law relating to climate change and suggestions for China's climate change legislation

    International Nuclear Information System (INIS)

    Cao, Mingde

    2014-01-01

    This essay summarizes Chinese experiences from environmental law relating to climate change legislation and puts forward certain constructive advices, by a comprehensive and systematic examination of China's laws and policies in addressing the issue of climate change, and evaluation on their legal effects. On the basis of analysis and empirical research of this essay, it could be found that, there are many successful institutions in the existing policy systems and practices of China in respect of greenhouse gas emission reduction, including the planning and scheduling institution, the target responsibility institution, and the compulsory standard institution. These institutions should be amended, confirmed and fixed down in the laws, so as to bring their functions into full play. Simultaneously, climate change legislation should bring in and focus on promoting new institutions such as the institution of climate change environmental impact evaluation on construction projects, planning and policy strategies, carbon capture and storage technology promotion institution, carbon sinks trading or indemnification institution. Local governments have urgent demand for climate change legislation as well as obvious limitations, as a result, it is imperative for the launch of state-level comprehensive mode of climate change legislation. The basic principles of legislation may incorporate policy principles and introduce specific principles in the field. Furthermore, building a perfect administrative system and nailing down the legal responsibilities for addressing climate change are crucial for safeguarding the smooth implementation of laws. This study aims at providing early-stage preparations for China's climate change legislation, and a research foundation for drafting climate change laws. Research findings of this study involve three aspects, i.e. laws, policies and practice, by studying more than thirty resolutions of the general assembly of the United Nations, more than

  18. Causes analysis on the failure of government environmental responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important Environmental Interests of Subjects, government behooves to undertake the corresponding responsibility of Pollution Control and Environmental Protection. The current situations in our country, however, appear as government environmental responsibility failure. Based on the analysis of law and economics, this article reaches the conclusion through game analysis, principle-agency relationship and utility theory that the prisoners dilemma of environmental interest game between government and enterprise, and the inherent defect of the principal-agency relationship between central government and local government are the inherent causes of government environmental responsibility failure. Many officials tends to graft and corrupt to maximum their own benefit, thus leading to the government failure among environmental pollution treatment and the environmental responsibility to undertake.

  19. Environment and nuclear law from the lawyer point of view

    International Nuclear Information System (INIS)

    Orol, A.M.

    1978-01-01

    This work has a two-fold purpose: first, to enunciate the characteristics of Environmental and Nuclear Law; and second, to take a glance at the lawyer's interest on these subjects. The beginnings of both subjects are different. Environmental law has evolved slower than Nuclear Law. Nuclear Law presents the following characteristics: strong state intervention, strong international cooperation, emphasis on the prevention of risks, and effective responsibility for nuclear risk. Environmental Law has as characteristics: a constitutional rank, horizontal authority, and diversified risk. A comparison between both laws could be undertaken on: state participation, legislative activity, institutional set up and organization, as well as on public participation through information. (author)

  20. 75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Science.gov (United States)

    2010-06-09

    ... DEPARTMENT OF STATE [Public Notice 7041] U.S. Department of State Advisory Committee on Private International Law Study Group Notice of Meeting on the United Nations Commission on International Trade Law (UNCITRAL) Draft Legislative Guide on Secured Transactions and Its Treatment of Security Rights in...

  1. The extension of the protection of the individual person against environmental pollution as a task for public law

    International Nuclear Information System (INIS)

    Breuer, R.

    1986-01-01

    The author has the opinion that an extension of protection of individuals against environmental pollution is not desirable in the field of fundamental rights. The atomic energy and radiation protection law extends the protection of individuals even further than to warding off a danger. An extension is limited by the structure and complexity of modern environmental pollution. The existing system of individual protection generally is sufficient, the author objects esspecially against the action of an association. (CW) [de

  2. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    Energy Technology Data Exchange (ETDEWEB)

    Zining, Jin, E-mail: jinzn@pkusz.edu.cn

    2015-11-15

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues.

  3. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    International Nuclear Information System (INIS)

    Zining, Jin

    2015-01-01

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues

  4. The criminal law as an instrument under environmental law in the Netherlands. A survey of the basic legal principles and instruments and their application. Das niederlaendische Umweltstrafrecht. Eine Untersuchung zu den dogmatischen Grundlagen und zur praktischen Anwendung

    Energy Technology Data Exchange (ETDEWEB)

    Waling, C.

    1991-01-01

    This book is published in the German language in order to give non-Dutch speaking readers access to and insight into the criminal law applicable in the Netherlands for enforcement of the environmental law. This very comprehensive study discusses the substantive criminal environmental law, its enforcement in practice, and the international criminal law of the Netherlands. Emphasis is placed on the critical evaluation and comparison of the law and day-to-day practice, with this part of the study including a comparison with the situation in the Federal Republic of Germany. The authoress presents recommendations for improving the efficiency of the criminal law system available in the Netherlands for environmental matters. (orig./HP).

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

    Science.gov (United States)

    Puhl, Rebecca M; Heuer, Chelsea A

    2011-01-01

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

  6. A switched state feedback law for the stabilization of LTI systems.

    Energy Technology Data Exchange (ETDEWEB)

    Santarelli, Keith R.

    2009-09-01

    Inspired by prior work in the design of switched feedback controllers for second order systems, we develop a switched state feedback control law for the stabilization of LTI systems of arbitrary dimension. The control law operates by switching between two static gain vectors in such a way that the state trajectory is driven onto a stable n - 1 dimensional hyperplane (where n represents the system dimension). We begin by briefly examining relevant geometric properties of the phase portraits in the case of two-dimensional systems to develop intuition, and we then show how these geometric properties can be expressed as algebraic constraints on the switched vector fields that are applicable to LTI systems of arbitrary dimension. We then derive necessary and sufficient conditions to ensure stabilizability of the resulting switched system (characterized primarily by simple conditions on eigenvalues), and describe an explicit procedure for designing stabilizing controllers. We then show how the newly developed control law can be applied to the problem of minimizing the maximal Lyapunov exponent of the corresponding closed-loop state trajectories, and we illustrate the closed-loop transient performance of these switched state feedback controllers via multiple examples.

  7. Measurement of Henry's Law Constants Using Internal Standards: A Quantitative GC Experiment for the Instrumental Analysis or Environmental Chemistry Laboratory

    Science.gov (United States)

    Ji, Chang; Boisvert, Susanne M.; Arida, Ann-Marie C.; Day, Shannon E.

    2008-01-01

    An internal standard method applicable to undergraduate instrumental analysis or environmental chemistry laboratory has been designed and tested to determine the Henry's law constants for a series of alkyl nitriles. In this method, a mixture of the analytes and an internal standard is prepared and used to make a standard solution (organic solvent)…

  8. The role of sustainable development and the associated principles of environmental law and governance in the Anthropocene

    NARCIS (Netherlands)

    Verschuuren, Jonathan; Kotzé, Louis

    2017-01-01

    In this contribution, I tried to answer the question what, in the Anthropocene, is or can be the role of the concept of sustainable development and the associated principles of environmental law. In order to get an answer to this question, I first assessed the current impact of the principles of

  9. United States Department of Energy Richland Field Office Environmental Protection Implementation Plan, November 9, 1991--November 9, 1992

    International Nuclear Information System (INIS)

    1992-02-01

    The US Department of Energy (DOE) Order 5400.1 (DOE 1988a), General Environmental Protection Program, establishes environmental protection program requirements, authorities, and responsibilities to ensure that DOE operations are in compliance with applicable Federal, State and local environmental protection laws and regulations, executive orders, and internal department policies. Chapter 3 of DOE Order 5400.1 requires that each DOE Field Office prepare a plan for implementing the requirements of this order and update the plan annually. Therefore, this update to the US Department of Energy -- Richland Operations Office Environmental Protection Implementation Plan (DOE-RL 1989a), initially prepared November 9, 1989, is being issued

  10. United States Department of Energy Richland Field Office Environmental Protection Implementation Plan, November 9, 1992--November 9, 1993

    International Nuclear Information System (INIS)

    1992-11-01

    The US Department of Energy (DOE) Order 5400.1 (DOE 1988a), General Environmental Protection Program, establishes environmental protection program requirements, authorities, and responsibilities to ensure that DOE operations are in compliance with applicable Federal, State and local environmental protection laws and regulations, executive orders, and internal department policies. Chapter 3 of DOE Order 5400.1 requires that each DOE Field Office prepare a plan for implementing the requirements of this order and update the plan annually. This update to the US Department of Energy-Richland Operations Office Environmental Protection Implementation Plan (DOE-RL 1989a), initially prepared November 9, 1989, is being issued to comply with the order

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

    Science.gov (United States)

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

    2014-01-01

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

  12. Measures to reinforce the legal liability of the environmental interest subject —Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    Local government should be regarded as the main subject to be stipulated by environmental law, thus to avoid local government’s alignment with commercial interests. Such a shift would, furthermore, discourage collusion against environment law or speculative behaviors motivated by maximizing production at the expense of environment pollution. Moreover, whether companies make proactive decisions to prevent pollution or not depends on the severity of appropriate environment legal system’s sanctions for their action. It would encourage enterprises to undertake their own environmental responsibility if environmental law could further enhance their environmental liability. In addition, public environmental rights should be embedded into environmental law. In this way, the public may become more aware of their environmental rights as well as the positivity of total environmental interests.

  13. The Course of Law: State Intervention in Southern Lynch Mob Violence 1882–1930

    Directory of Open Access Journals (Sweden)

    Kinga Makovi

    2016-09-01

    Full Text Available Collective violence when framed by its perpetrators as "citizen" justice is inherently a challenge to state legitimacy. To properly account for such violence, it is necessary to consider an opportunity structure incorporating the actions of both vigilantes and agents of the state. The motivation and lethality of lynch mobs in the South cannot be understood without considering how the state reacted to the legitimacy challenges posed by lynching. We trace the shifting orientation of state agents to lynching attempts between the end of Reconstruction and the start of the Great Depression. Analyzing an inventory of more than 1,000 averted and completed lynching events in three Southern states, we model geographic and temporal patterns in the determinants of mob formation, state intervention, and intervention success. Opponents of lynching often pled with mobs to "let the law take its course." This article examines the course followed by the law itself, as state actors moved between encouraging, accommodating, and in many instances averting mob violence.

  14. Capture (or watering the state): The making of law, state, and nature

    DEFF Research Database (Denmark)

    Andersen, Astrid Oberborbeck

    . This paper addresses the law as a liquid technology, an arrangement of ideas, interests, desires, intentions, bureaucratic processes and practices that materialize in concrete encounters and sites of implementation. The paper builds on ethnographic fieldwork carried out in 2011 – 2012, and follow......This paper follows the Peruvian law of water resources of 2009, Ley de Recursos Hídricos 29338, from ideological crafting in the capital of Lima, to practical implementation in institutional practices and encounters with water users, infrastructure and nature in and around the city of Arequipa...... and responsible population. However, the concrete implementation of these ideas reveals encounters where the concepts are being questioned and transformed – in words or in practice – by the population they seek to impact, as well as the officials meant to implement them. In the paper, some of these encounters...

  15. Making solar laws work: a study of state solar energy incentives

    Energy Technology Data Exchange (ETDEWEB)

    Roessner, J.D.

    1980-11-01

    The results of a research investigation of solar financial and research, demonstration, and development (RD and D) incentive programs in 18 states are summarized. The investigation focuses upon implementation - the organization and administrative processes required to convert a law into a viable program. Eleven financial and 12 RD and D programs were investigated. Results indicate that four conditions are common to successful implementation of both types of incentive programs: the opportunity to use solar energy as a heating source; characteristics of the agency selected to complement the law; involvement of outside groups in program implementation; and the specificity of guidance given to those responsible for implementation. Other conditions specific to the implementation of each type of program are discussed as well as the implications of these findings for state and federal policy makers.

  16. The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law

    DEFF Research Database (Denmark)

    Brehm, Maya

    2007-01-01

    transfers has traditionally been treated as a question of arms control law, but in the recent debate about legal restrictions on states' liberty to transfer arms, norms of international humanitarian and human rights law have frequently been invoked. This article surveys the existing international legal......The unregulated international trade in conventional arms, especially in small arms and light weapons, has come to be viewed as an exacerbating factor in armed conflict, violent crime and internal repression. Concern about the negative humanitarian, development and security impact of this trade has...... been growing over the last decade. Against this backdrop, the UN General Assembly invited states in December 2006 to consider the feasibility of an instrument establishing common international standards for conventional arms transfers-also known as the ‘Arms Trade Treaty' (ATT). The legality of arms...

  17. Block backstepping design of nonlinear state feedback control law for underactuated mechanical systems

    CERN Document Server

    Rudra, Shubhobrata; Maitra, Madhubanti

    2017-01-01

    This book presents a novel, generalized approach to the design of nonlinear state feedback control laws for a large class of underactuated mechanical systems based on application of the block backstepping method. The control law proposed here is robust against the effects of model uncertainty in dynamic and steady-state performance and addresses the issue of asymptotic stabilization for the class of underactuated mechanical systems. An underactuated system is defined as one for which the dimension of space spanned by the configuration vector is greater than that of the space spanned by the control variables. Control problems concerning underactuated systems currently represent an active field of research due to their broad range of applications in robotics, aerospace, and marine contexts. The book derives a generalized theory of block backstepping control design for underactuated mechanical systems, and examines several case studies that cover interesting examples of underactuated mechanical systems. The math...

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

    Science.gov (United States)

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

    2013-08-01

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

  19. Law enforcement duties and sudden cardiac death among police officers in United States: case distribution study.

    Science.gov (United States)

    Varvarigou, Vasileia; Farioli, Andrea; Korre, Maria; Sato, Sho; Dahabreh, Issa J; Kales, Stefanos N

    2014-11-18

    To assess the association between risk of sudden cardiac death and stressful law enforcement duties compared with routine/non-emergency duties. Case distribution study (case series with survey information on referent exposures). United States law enforcement. Summaries of deaths of over 4500 US police officers provided by the National Law Enforcement Officers Memorial Fund and the Officer Down Memorial Page from 1984 to 2010. Observed and expected sudden cardiac death counts and relative risks for sudden cardiac death events during specific strenuous duties versus routine/non-emergency activities. Independent estimates of the proportion of time that police officers spend across various law enforcement duties obtained from surveys of police chiefs and front line officers. Impact of varying exposure assessments, covariates, and missing cases in sensitivity and stability analyses. 441 sudden cardiac deaths were observed during the study period. Sudden cardiac death was associated with restraints/altercations (25%, n=108), physical training (20%, n=88), pursuits of suspects (12%, n=53), medical/rescue operations (8%, n=34), routine duties (23%, n=101), and other activities (11%, n=57). Compared with routine/non-emergency activities, the risk of sudden cardiac death was 34-69 times higher during restraints/altercations, 32-51 times higher during pursuits, 20-23 times higher during physical training, and 6-9 times higher during medical/rescue operations. Results were robust to all sensitivity and stability analyses. Stressful law enforcement duties are associated with a risk of sudden cardiac death that is markedly higher than the risk during routine/non-emergency duties. Restraints/altercations and pursuits are associated with the greatest risk. Our findings have public health implications and suggest that primary and secondary cardiovascular prevention efforts are needed among law enforcement officers. © Varvarigou et al 2014.

  20. The l-mixing cross section of Rydberg states of atomic Rb and the scaling LAW

    International Nuclear Information System (INIS)

    Liu Hong; Chen Aiqiu; Li Baiwen

    1991-01-01

    On the basis of impulse approximate method, a kind of analytical wavefunctions based on a potential model was used to calculate the l mixing cross section of thermal collision of Rydberg states of atomic Rb with rare gas (He, Ne). The results were compared with the experimental results and other theoretical values. These results show that there exists a kind of scaling law for the l mixing cross section of Rydberg alkali atoms

  1. Hostile Environment? The Development of Sexual Harassment Law in the United States 1971-1991

    OpenAIRE

    Coukos, Pamela

    2011-01-01

    AbstractHostile Environment?The Development of Sexual Harassment Law in the United States 1971 - 1991by Pamela CoukosDoctor of Philosophy in Jurisprudence and Social PolicyUniversity of California, BerkeleyProfessor Lauren B. Edelman, ChairHow did the sexual harassment litigation campaign succeed in defining a new antidiscrimination principle in the midst of the Reagan-era backlash against civil rights? In 1986, the U.S. Supreme Court definitively established sexual harassment as a violation...

  2. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

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

  3. State preemption of local smoke-free laws in government work sites, private work sites, and restaurants - United States, 2005-2009.

    Science.gov (United States)

    2010-02-05

    Smoke-free policies (i.e., policies that completely eliminate smoking in indoor workplaces and public places) result in health benefits, including preventing heart attacks. Preemptive legislation at the state level prohibits localities from enacting laws that vary from state law or are more stringent. A Healthy People 2010 objective (27-19) is to eliminate state laws that preempt stronger local tobacco control laws. A 2005 CDC review found that little progress was being made toward reducing the number of state laws preempting local smoking restrictions in three indoor settings: government work sites, private-sector work sites, and restaurants. These three settings were selected for analysis because they are settings that often are addressed by state and local smoking restrictions and because they are major settings where nonsmoking workers and patrons are exposed to secondhand smoke. This report updates the previous analysis and summarizes changes that occurred from December 31, 2004, to December 31, 2009, in state laws that preempt local smoke-free laws for the same three settings. During that period, the number of states preempting local smoking restrictions in at least one of these three settings decreased from 19 to 12. In contrast with the 2005 findings, this decrease indicates progress toward achieving the goal of eliminating state laws preempting local smoking restrictions. Further progress could result in additional reductions in secondhand smoke exposure.

  4. Energy and environmental policy in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Hibbard, P.J.; Tierney, S.F

    2003-08-15

    The energy and environmental policies of the United States are, like those of any nation, greatly shaped by a particular economic, institutional and political context. Understanding that context is useful for providing insights into the substance of US energy and environmental policy, the challenges and opportunities associated with it, and future potential for change. This article examines this policy context, focusing on the interaction of energy and environmental policies related to the electric industry. (author)

  5. Energy and environmental policy in the United States

    International Nuclear Information System (INIS)

    Hibbard, P.J.; Tierney, S.F.

    2003-08-01

    The energy and environmental policies of the United States are, like those of any nation, greatly shaped by a particular economic, institutional and political context. Understanding that context is useful for providing insights into the substance of US energy and environmental policy, the challenges and opportunities associated with it, and future potential for change. This article examines this policy context, focusing on the interaction of energy and environmental policies related to the electric industry. (author)

  6. A Physics-Based Rock Friction Constitutive Law: Steady State Friction

    Science.gov (United States)

    Aharonov, Einat; Scholz, Christopher H.

    2018-02-01

    Experiments measuring friction over a wide range of sliding velocities find that the value of the friction coefficient varies widely: friction is high and behaves according to the rate and state constitutive law during slow sliding, yet markedly weakens as the sliding velocity approaches seismic slip speeds. We introduce a physics-based theory to explain this behavior. Using conventional microphysics of creep, we calculate the velocity and temperature dependence of contact stresses during sliding, including the thermal effects of shear heating. Contacts are assumed to reach a coupled thermal and mechanical steady state, and friction is calculated for steady sliding. Results from theory provide good quantitative agreement with reported experimental results for quartz and granite friction over 11 orders of magnitude in velocity. The new model elucidates the physics of friction and predicts the connection between friction laws to independently determined material parameters. It predicts four frictional regimes as function of slip rate: at slow velocity friction is either velocity strengthening or weakening, depending on material parameters, and follows the rate and state friction law. Differences between surface and volume activation energies are the main control on velocity dependence. At intermediate velocity, for some material parameters, a distinct velocity strengthening regime emerges. At fast sliding, shear heating produces thermal softening of friction. At the fastest sliding, melting causes further weakening. This theory, with its four frictional regimes, fits well previously published experimental results under low temperature and normal stress.

  7. Environmental Finance Center Serving EPA's Region 8 States

    Science.gov (United States)

    The National Rural Water Association, headquartered in Duncan Oklahoma, has been selected through a competitive grants process to establish a regional Environmental Finance Center (EFC) serving EPA Region 8 states.

  8. The environmental impact law and its effectiveness on the archaeological heritage in Spain

    Directory of Open Access Journals (Sweden)

    Cerdeño, Mª Luisa

    2005-12-01

    Full Text Available The influence of the Environmental Impact Law on the Historical Heritage, especially on the Archaeological one, since 1985 in Spain is evaluated. This study is based on the analysis of the management carried out by the regional governments. Among the results, there are someaspects we must reconsider: the increase in the number of archaeological interventions, the uncoordinated relation between public administrations and the unequal treatment on this subject in different regions.

    Se estudia la repercusión de la ley de Evaluación de Impacto Ambiental sobre el Patrimonio Histórico, especialmente el Arqueológico, desde 1985 hasta la actualidad en España. El trabajo se ha basado en el análisis de la gestión que realiza en este campo cada una de las Comunidades Autónomas. Entre los resultados destacan algunos aspectos que deben ser motivo de reflexión como el gran aumento de intervenciones arqueológicas, la descoordinación entre administraciones y la desigualdad territorial en su tratamiento.

  9. Transition from Connected to Fragmented Vegetation across an Environmental Gradient: Scaling Laws in Ecotone Geometry.

    Science.gov (United States)

    Gastner, Michael T; Oborny, Beata; Zimmermann, D K; Pruessner, Gunnar

    2009-07-01

    A change in the environmental conditions across space-for example, altitude or latitude-can cause significant changes in the density of a vegetation type and, consequently, in spatial connectivity. We use spatially explicit simulations to study the transition from connected to fragmented vegetation. A static (gradient percolation) model is compared to dynamic (gradient contact process) models. Connectivity is characterized from the perspective of various species that use this vegetation type for habitat and differ in dispersal or migration range, that is, "step length" across the landscape. The boundary of connected vegetation delineated by a particular step length is termed the " hull edge." We found that for every step length and for every gradient, the hull edge is a fractal with dimension 7/4. The result is the same for different spatial models, suggesting that there are universal laws in ecotone geometry. To demonstrate that the model is applicable to real data, a hull edge of fractal dimension 7/4 is shown on a satellite image of a piñon-juniper woodland on a hillside. We propose to use the hull edge to define the boundary of a vegetation type unambiguously. This offers a new tool for detecting a shift of the boundary due to a climate change.

  10. Images of welfare in law and society: the British welfare state in comparative perspective.

    Science.gov (United States)

    Wincott, Daniel

    2011-01-01

    Designed by Beveridge and built by Attlee's post-war Labour government, the welfare state was created during the 1940s. Britain has been seen – in domestic debates and internationally – as a world first: the place where both the idea and the practice of the welfare state were invented. I draw together comparative welfare state analysis with law and society scholarship (previously largely developed in isolation from one another) – as well as using British political cartoons as a source – to develop a revisionist historical critique of this conventional wisdom. First, the British welfare state has always been comparatively parsimonious. Second, the idea of the welfare state seems to have its origins outside the United Kingdom and this terminology was adopted relatively late and with some ambivalence in public debate and scholarly analysis. Third, a large body of socio-legal scholarship shows that robust ‘welfare rights’ were never embedded in the British ‘welfare state’.

  11. 75 FR 57326 - Request for Comments and Suggestions for Environmental Cooperation Pursuant to the United States...

    Science.gov (United States)

    2010-09-20

    ...) the Environment Chapter (17) of the U.S.- Oman Free Trade Agreement, and (4) the Environmental Review...)'' and (2) indicate their intent ``to cooperate in the field of environmental and natural resource...) Environmental Laws and Regulations; (2) Environmental Impact Assessments; (3) Environmental Incentives; (4...

  12. Mass transport and the bootstrap current from Ohm's law in steady-state tokamaks

    International Nuclear Information System (INIS)

    Kim, J.-S.; Greene, J.M.

    1989-01-01

    The consequences of mass conservation and Ohm's law are examined for steady state Tokamaks. In a Tokamak, magnetofluid-dynamic waves rapidly equilibrate pressure and toroidal field along magnetic surfaces. As a result, the detailed current distribution is determined by the flux surface averaged poloidal and toroidal currents. The electrons that carry the plasma current are impeded in their motion by interactions with ions, which is resistivity and its generalizations, and by interactions with electrons, which is viscosity and its generalizations. The important viscous terms arise from the interaction between trapped and untrapped electrons, and so viscosity acts by impeding poloidal current. properly chosen, the results of neoclassical theory are The neoclassical viscous coefficient is here regarded as less likely than Spitzer conductivity to be experimentally relevant in a turbulent Tokamak. Thus, the toroidal Ohm's law is regarded as being more reliable than the poloidal Ohm's law. A combination of toroidal and poloidal Ohm's law, namely the component parallel to the magnetic field, eliminates the influence of plasma fueling, and directly relates the bootstrap current and the pressure gradient. The latter is the usual relation, but, since i

  13. Pollution law

    International Nuclear Information System (INIS)

    Triffterer, O.

    1980-01-01

    In the draft proposed by the legal advisory board the law for the controlling of environmental criminality was promulgated on 28th March 1980. The present commentary therefore - as seen from the results - corresponds in essential to the original assessment of the governmental draft. However, an introduction into the problems of environmental law precedes this commentary for the better unterstanding of all those not acquainted with pollution law and the whole legal matter. (orig./HP) [de

  14. OECD environmental performance reviews: United States

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2006-01-15

    This book presents OECD assessments and recommendations regarding the United States' efforts to manage its environment including air, water, nature, and biodiversity; to do this in a sustainable manner; and to do this in co-operation with its global neighbours. In particular, it assesses progress made since 1996, when OECD's previous review on the US was done. 47 figs., 20 tabs.

  15. Firearm Prevalence and Homicides of Law Enforcement Officers in the United States

    Science.gov (United States)

    Simmons, Molly M.; Dominici, Francesca; Hemenway, David

    2015-01-01

    Objectives. In the United States, state firearm ownership has been correlated with homicide rates. More than 90% of homicides of law enforcement officers (LEOs) are committed with firearms. We examined the relationship between state firearm ownership rates and LEO occupational homicide rates. Methods. We obtained the number LEOs killed from 1996 to 2010 from a Federal Bureau of Investigation (FBI) database. We calculated homicide rates per state as the number of officers killed per number of LEOs per state, obtained from another FBI database. We obtained the mean household firearm ownership for each state from the Behavioral Risk Factor Surveillance System. Results. Using Poisson regression and controlling for factors known to affect homicide rates, we associated firearm ownership with the homicide rates for LEOs (incidence rate ratio = 1.044; P = .005); our results were supported by cross-sectional and longitudinal sensitivity analyses. LEO homicide rates were 3 times higher in states with high firearm ownership compared with states with low firearm ownership. Conclusions. High public gun ownership is a risk for occupational mortality for LEOs in the United States. States could consider methods for reducing firearm ownership as a way to reduce occupational deaths of LEOs. PMID:26270316

  16. Firearm Prevalence and Homicides of Law Enforcement Officers in the United States.

    Science.gov (United States)

    Swedler, David I; Simmons, Molly M; Dominici, Francesca; Hemenway, David

    2015-10-01

    In the United States, state firearm ownership has been correlated with homicide rates. More than 90% of homicides of law enforcement officers (LEOs) are committed with firearms. We examined the relationship between state firearm ownership rates and LEO occupational homicide rates. We obtained the number LEOs killed from 1996 to 2010 from a Federal Bureau of Investigation (FBI) database. We calculated homicide rates per state as the number of officers killed per number of LEOs per state, obtained from another FBI database. We obtained the mean household firearm ownership for each state from the Behavioral Risk Factor Surveillance System. Using Poisson regression and controlling for factors known to affect homicide rates, we associated firearm ownership with the homicide rates for LEOs (incidence rate ratio = 1.044; P = .005); our results were supported by cross-sectional and longitudinal sensitivity analyses. LEO homicide rates were 3 times higher in states with high firearm ownership compared with states with low firearm ownership. High public gun ownership is a risk for occupational mortality for LEOs in the United States. States could consider methods for reducing firearm ownership as a way to reduce occupational deaths of LEOs.

  17. Causes analysis on the serious defect of enterprise environmental responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important Environmental Interests of Subjects, enterprises behoove to undertake the corresponding responsibility of Pollution Control and Environmental Protection. The current situations in our country, however, appear as the serious lack of enterprise environmental responsibility. Based on the analysis of law and economics, this article reaches the conclusion through game analysis and cost-benefit analysis that the prisoners dilemma of environmental interest game between enterprises is the inherent causes for the serious defect of enterprise environmental responsibility. Meanwhile, at the point of cost-benefit, the externality of environment illegal act results in the imbalanced cost-benefit, lacking of the motivation to control pollution and protect environment in an active way.

  18. The realistic dilemma of environmental interest subject of legal responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important environmental interests subject, enterprises, public and government should assume the corresponding responsibility of pollution control and environmental protection. However, in the aspect of environment, there are failure existing in performing government responsibility, the financial expense and investment our government has participated in the aspects of pollution control and environmental protection are serious insufficient. In the meantime, in spite of the clear definition of the range and principles of enterprises’ environmental responsibility according to some corresponding law documents, in view of our country’s condition, enterprises always fail to assume their own environmental responsibility, and there are cases existing in pollution control and environmental protection that the investment is insufficient and the treatment effect is not obvious. In addition, it is especially outstanding in our country that the awareness of public environmental rights is pretty weak. The issues of ecological damage and environmental pollution get worse and worse and the total environmental interests get injured seriously because of the failure and vacancy of environmental responsibility of different subjects of right.

  19. Applicable or relevant and appropriate requirements (ARARs) for remedial actions at the Portsmouth Gaseous Diffusion Plant: A compendium of environmental laws and guidance

    International Nuclear Information System (INIS)

    Houlberg, L.M.; Eaton, L.A.; Martin, J.A.; McDonald, E.P.; Etnier, E.L.

    1992-02-01

    Section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA) specifies that remedial actions for cleanup of hazardous substances must comply with applicable or relevant and appropriate requirements (ARARs) or standards under federal and state environmental laws. Although the US Department of Energy (DOE) Portsmouth Gaseous Diffusion Plant (PORTS) has not at this time been proposed for inclusion on the US Environmental Protection Agency National Priorities List, under Sect. I of an administrative consent order signed by DOE and the US Environmental Protection Agency on September 29, 1989, effective October 4, 1989, any necessary response actions at PORTS stipulated in the administrative consent order must be performed in a manner consistent with the Resource Conservation and Recovery Act of 1976 and CERCLA. Section 121 of CERCLA calls for the preparation of a draft listing of all ARARs. This report supplies a preliminary list of available federal and state ARARs that might be considered for remedial response at PORTS. A description of the terms ''applicable'' and ''relevant and appropriate'' is provided, as well as definitions of chemical-, location-, and action-specific ARARs. ARARs promulgated by the federal government and by the state of Ohio are listed in tables. In addition, the major provisions of the Resource Conservation and Recovery Act, Safe Drinking Water Act, Clean Water Act, and other acts, as they apply to hazardous waste cleanup, are discussed

  20. Nonclassical thermal-state superpositions: Analytical evolution law and decoherence behavior

    Science.gov (United States)

    Meng, Xiang-guo; Goan, Hsi-Sheng; Wang, Ji-suo; Zhang, Ran

    2018-03-01

    Employing the integration technique within normal products of bosonic operators, we present normal product representations of thermal-state superpositions and investigate their nonclassical features, such as quadrature squeezing, sub-Poissonian distribution, and partial negativity of the Wigner function. We also analytically and numerically investigate their evolution law and decoherence characteristics in an amplitude-decay model via the variations of the probability distributions and the negative volumes of Wigner functions in phase space. The results indicate that the evolution formulas of two thermal component states for amplitude decay can be viewed as the same integral form as a displaced thermal state ρ(V , d) , but governed by the combined action of photon loss and thermal noise. In addition, the larger values of the displacement d and noise V lead to faster decoherence for thermal-state superpositions.

  1. In-medium scaling law and electron scattering from high-spin states in 208Pb

    International Nuclear Information System (INIS)

    Arias de Saavedra, F.; Lallena, A.M.

    1994-01-01

    The effects of the environment modifications in the structure of the low-lying high-spin states of 208 Pb are studied by analyzing how the in-medium scaling law works on the excitation energies, wave functions, and electron scattering form factors corresponding to these states. It is shown that the consideration of f π * in addition to the effective ρ-meson mass does not affect too much most of the states analyzed. However, some of them appear to be extremely sensitive to its inclusion in the residual nucleon-nucleon interaction. As a result, a value of m ρ * /m ρ ∼f π * /f π ∼0.91 gives a good description of the (e,e') form factors of these particular states without any quenching factor. This value is in agreement with the one found for 48 Ca in a similar analysis performed in a previous work

  2. Environmental law. Important laws and ordinances for environmental protection. As of July 1, 1989. [Full text edition with detailed index and an introduction by Prof. Dr. P. C. Storm]. Umweltrecht. Wichtige Gesetze und Verordnungen zum Schutz der Umwelt. Stand 1. Juli 1989

    Energy Technology Data Exchange (ETDEWEB)

    1989-01-01

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

  3. Nuclear laws and radiologic accidents

    International Nuclear Information System (INIS)

    Frois, Fernanda

    1997-01-01

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

  4. 77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

    Science.gov (United States)

    2012-01-05

    ... transactions; online dispute resolution; international leasing and franchising; and other topics of current... International Law: Notice of Renewal of Charter The Charter of the Department of State's Advisory Committee on Private International Law has been renewed, effective for a two-year period. Pursuant to the Federal...

  5. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    Science.gov (United States)

    2012-04-18

    ... International Law (ACPIL); Online Dispute Resolution (ODR) Study Group Meeting The Office of Private International Law, Office of the Legal Adviser, Department of State hereby gives notice that the ACPIL Online... charged with the development of legal instruments for resolving both business to business and business to...

  6. 76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2011-10-20

    ... International Law (ACPIL)--Online Dispute Resolution Study Group Meeting (ODR) The Department of State, Office of Legal Adviser, Office of Private International Law ACPIL online dispute resolution (ODR) study... development of legal instruments for resolving both business to business and business to consumer cross-border...

  7. State-Level School Competitive Food and Beverage Laws Are Associated with Children's Weight Status

    Science.gov (United States)

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

    2014-01-01

    Background: This study attempted to determine whether state laws regulating low nutrient, high energy-dense foods and beverages sold outside of the reimbursable school meals program (referred to as "competitive foods") are associated with children's weight status. Methods: We use the Classification of Laws Associated with School…

  8. State and local law enforcement agency efforts to prevent sales to obviously intoxicated patrons.

    Science.gov (United States)

    Lenk, Kathleen M; Toomey, Traci L; Nelson, Toben F; Jones-Webb, Rhonda; Erickson, Darin J

    2014-04-01

    Alcohol sales to intoxicated patrons are illegal and may lead to public health issues such as traffic crashes and violence. Over the past several decades, considerable effort has been made to reduce alcohol sales to underage persons but less attention has been given to the issue of sales to obviously intoxicated patrons. Studies have found a high likelihood of sales to obviously intoxicated patrons (i.e., overservice), but little is known about efforts by enforcement agencies to reduce these sales. We conducted a survey of statewide alcohol enforcement agencies and local law enforcement agencies across the US to assess their strategies for enforcing laws prohibiting alcohol sales to intoxicated patrons at licensed alcohol establishments. We randomly sampled 1,631 local agencies (1,082 participated), and surveyed all 49 statewide agencies that conduct alcohol enforcement. Sales to obviously intoxicated patrons were reported to be somewhat or very common in their jurisdiction by 55 % of local agencies and 90 % of state agencies. Twenty percent of local and 60 % of state agencies reported conducting enforcement efforts to reduce sales to obviously intoxicated patrons in the past year. Among these agencies, fewer than half used specific enforcement strategies on at least a monthly basis to prevent overservice of alcohol. Among local agencies, enforcement efforts were more common among agencies that had a full-time officer specifically assigned to carry out alcohol enforcement efforts. Enforcement of laws prohibiting alcohol sales to obviously intoxicated patrons is an underutilized strategy to reduce alcohol-related problems, especially among local law enforcement agencies.

  9. Cannabis, pesticides and conflicting laws: the dilemma for legalized States and implications for public health.

    Science.gov (United States)

    Stone, Dave

    2014-08-01

    State laws on the legalization of medical and recreational cannabis are rapidly evolving. Similar to other crops, cannabis is susceptible to multiple pests during cultivation. Growers have an economic incentive to produce large yields and high quality plants, and may resort to pesticides to achieve these outcomes. Currently, there are no pesticides registered for cannabis in the United States, given its illegal status by the federal government. This discrepancy creates a regulatory vacuum and dilemma for States with legal medical and recreational cannabis that seek to balance lawful compliance with pesticides and worker or public health. Pesticide use presents occupational safety issues that can be mitigated through established worker protection measures. The absence of approved products for cannabis may result in consumer exposures to otherwise more hazardous pesticides or higher residue levels. While many legal and scientific hurdles exist to register conventional pesticides for use on cannabis, legalized States have explored other opportunities to leverage the present regulatory infrastructure. Stakeholder engagement and outreach to the cannabis industry from credible sources could mitigate pesticide misuse and harm. Copyright © 2014 Elsevier Inc. All rights reserved.

  10. The French nuclear law

    International Nuclear Information System (INIS)

    Ito, Hiroshi

    2013-01-01

    The nuclear law had been out of the environmental law. The act on the transparency and the security of the nuclear matter was enacted in 2006 and set in the code of the environment in 2012. It means that the nuclear law is part of the environmental law and that it is advanced. I will report the French nuclear law. (author)

  11. The equation of state of polymers. Part III: Relation with the compensation law.

    Science.gov (United States)

    Rault, Jacques

    2017-09-01

    The properties of amorphous polymers and of organic compounds under pressure are interpreted in the framework of the modified Van der Walls Equation of State (mVW-EOS) the Vogel-Fulcher-Tamann (VFT) law and of the compensation law. We have shown recently that polymers and organic compounds in amorphous liquid and crystalline states verify the mVW-EOS which depends on three parameters, [Formula: see text] [Formula: see text] and [Formula: see text]. In this paper we compare the characteristic pressure [Formula: see text] of the mVW-EOS to the various pressures [Formula: see text] deduced from thermodynamic and kinetic properties of polymers in the liquid and solid states. [Formula: see text] and [Formula: see text] are: a) the enthalpy and volume change at the melting and glass transitions (the glass being isotropic or oriented and annealed below [Formula: see text] at various aging conditions); b) the activation parameters of individual [Formula: see text] and cooperative [Formula: see text] motions in crystalline liquid and amorphous polymers studied by dielectric or mechanical spectroscopy; and c) the activation parameters of amorphous (solid and liquid) polymers submitted to a deformation depending on the time frequency temperature and strain rate. For a same material, whatever its state and whatever the experimental properties analyzed (dielectric and mechanical relaxation, viscosity, auto-diffusion, yielding under hydrostatic pressure), we demonstrate that [Formula: see text], ([Formula: see text] Grüneisen parameter, [Formula: see text] compressibility). In all polymers and organic compounds (and water), these pressures, weakly dependent on T and P near [Formula: see text] and [Formula: see text] at low pressure are characteristic of the H-H inter-molecular interactions. It is shown that the two empirical Lawson and Keyes relations of the compensation law can be deduced from the mVW-EOS.

  12. Forms of the cooperation principle in environmental law in the Federal Republic of Germany. Formen des Kooperationsprinzips im Umweltrecht der Bundesrepublik Deutschland

    Energy Technology Data Exchange (ETDEWEB)

    Mueggenborg, H J

    1990-01-01

    The cooperation principle is not a legal principle, as in the case of the social state principle or the principle of the democratic constitutional state. In order that the cooperation principle may not degenerate to cheating and accompliceship, legal limitations are necessary. Work on this subject from the point of view of legal science has started late. The contribution investigates the various forms of the cooperation principle: Technical control boards as instruments to relieve the state; committees under private and public law for setting up technical standards, advisory bodies of public administration; organized hearings; environment protection officers in industry. It also investigates the legal admissibility of concerted actions, advantages and disadvantages, effects on legal protection, legal and actual conditions. - The positive sides of cooperation should succeed in order that environmental protection may profit. (orig./HP).

  13. Proposition of law relative to the follow of sanitary and environmental consequences of nuclear tests

    International Nuclear Information System (INIS)

    2007-07-01

    The present proposition of law has for object to answer the expectation of all the persons who have participated as military personnel or civilians in nuclear tests made by France between February 13., 1960 and January 27., 1996, or lived near the nuclear test sites of Sahara (Reggane and In Eker) or in French Polynesia. The same pathologies are noticed among the veteran or the populations having lived near the nuclear tests sites of the other nuclear countries which made the same experiments. It is the case in United States, in Great Britain, in Australia, in New Zealand and in Fiji. In these different countries having a democratic system similar to ours, the governments took concrete measures to accede to the demands of their nationals. It thus turns out that a legislative initiative would represent a strong message of gratitude towards all those who had to undergo aftereffects on their health and that of their descendants of the only fact of their participation in the nuclear experiments of France. (N.C.)

  14. EU environmental state aid policy: wide implications, narrow participation?

    Energy Technology Data Exchange (ETDEWEB)

    Flaam, Karoline

    2008-11-15

    This article investigates the 2008 reform of the EU's environmental state aid guidelines, with an eye to determining the degree of external pressure and lobbyism towards environmental state aid policies. What is found is a strikingly low level of external pressure on the policy-field, not least on the part of the private sector. In fact, EU environmental state aid policy is largely the making of a few Commission officials, without much external 'interference'. The article discusses possible reasons for this, and asks whether state aid policy-making might be marked less by clear and established interests and utility maximising, and more by actors constrained by complexity and bounded rationality. (author). refs.,tab

  15. Improving coordinated responses for victims of intimate partner violence: law enforcement compliance with state-mandated intimate partner violence documentation.

    Science.gov (United States)

    Cerulli, Catherine; Edwardsen, Elizabeth A; Hall, Dale; Chan, Ko Ling; Conner, Kenneth R

    2015-07-01

    New York State law mandates specific intimate partner violence (IPV) documentation under all circumstances meeting the enumerated relationship and crime criteria at the scene of a domestic dispute. Law enforcement compliance with this mandate is unknown. We reviewed law enforcement completion rates of Domestic Violence Incident Reports (DVIRs) and assessed correlations with individual or legal factors. Law enforcement officers filed DVIRs in 54% of the cases (n = 191), more often when injury occurred (p < .01) and the defendant had prior court contact (p < .05). The discussion explores policy implications and potential means to rectify the gap between mandated processes and implementation. © The Author(s) 2015.

  16. The Law on Preventive Radiation Protection. A link between environmental protection and civil defence

    International Nuclear Information System (INIS)

    Roewer, H.

    1988-01-01

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

  17. State Administrative Legal Review on the Bill of Retraction Law of Corrupted Assets in Eradication Effort of Corruption in Indonesia

    Directory of Open Access Journals (Sweden)

    Dian Puji Simatupang

    2011-09-01

    Full Text Available Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003, Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on Corruption Eradication Commission, Law Number 20 Year 2001 regarding Amendment to Law Number 31 Year 1999 on the Eradication of Corruption, and Government Regulation Number 65 of 1999 on Implementation Procedures for Examination of State Property, retraction the corrupted assets should be define in order to get known about eradicating corruption.

  18. 77 FR 39320 - Suggestions for Environmental Cooperation Pursuant to the United States-Singapore Memorandum of...

    Science.gov (United States)

    2012-07-02

    ... friendly environmental technology and pollution management techniques; (2) participating in regional... DEPARTMENT OF STATE [Public Notice 7943] Suggestions for Environmental Cooperation Pursuant to the United States-Singapore Memorandum of Intent on Environmental Cooperation AGENCY: Department of State...

  19. Courts of customary law in the post-soviet states: history and the current situation

    Directory of Open Access Journals (Sweden)

    Сергій Володимирович Васильєв

    2016-01-01

    Full Text Available Problem setting and relevance of the research topic. Research of courts of customary law is not a new trend in the domestic legal science. However, it should be noted that this issue was covered mainly in the historical and ethnographic aspect, and, as a rule, in relation to specific countries or peoples. Taking into account the fact that in some post-Soviet states the rules of the customary law have remained and take effect even under the current conditions, there is a need to study people’s judgment on the basis of historical experience, taking into account the fact that there is no special scientific research on this subject. Paper objective. On the basis of studying the courts of customary law that existed in the territory of the post-Soviet states, to reveal their diversity, special features and peculiarities of formation and to analyze the contemporary forms of the aforementioned courts. Paper main body. The courts of customary law existed in various nations and nationalities since ancient times. The identity of one or another traditional court depended on such facts as the territorial location of the community, the level of economic and cultural development, type of religion, etc. In this paper the organization of the traditional justice of post-Soviet states in the second half of the XIX century was studied, when the basic territorial boundaries of the Russian Empire were formed. It is within these boundaries the peoples lived, who subsequently became Soviet republics, and then independent states. The main characteristic features of traditional courts that existed in the territory of post-Soviet states have been emphasized (1 judicial procedure was not regulated in detail; (2 the rules of the customary law (adat rules were the basis of the justice; (3 members of the court were competent persons of the community; (4 the court was common for all members of the community; (5 disputes were resolved through reconciliation of the parties; (6

  20. Parenting and the workplace: the construction of parenting protections in United States law.

    Science.gov (United States)

    Eichner, Maxine

    2008-08-04

    In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is about the way these statutes conceptualize the needs of pregnant women, mothers, and their babies, that prevents more robust protection of their needs. I then compare the minimal protection afforded American women and families with more progressive policies in other countries to highlight the possibilities that arise when the state affirmatively supports working parents and their children.

  1. Parenting and the workplace: The construction of parenting protections in United States law

    Directory of Open Access Journals (Sweden)

    Eichner Maxine

    2008-08-01

    Full Text Available Abstract In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA and the Family and Medical Leave Act (FMLA. Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is about the way these statutes conceptualize the needs of pregnant women, mothers, and their babies, that prevents more robust protection of their needs. I then compare the minimal protection afforded American women and families with more progressive policies in other countries to highlight the possibilities that arise when the state affirmatively supports working parents and their children.

  2. The relationship between the Maria da Penha Law and intimate partner violence in two Brazilian states.

    Science.gov (United States)

    Gattegno, Mariana V; Wilkins, Jasmine D; Evans, Dabney P

    2016-11-17

    Globally, inequality between men and women manifests in a variety of ways. In particular, gender inequality increases the risk of perpetration of violence against women (VAW), especially intimate partner violence (IPV), by males. The World Health Organization (WHO) estimates that 35 % of women have experienced physical, psychological and/or sexual IPV at least once in their lives, making IPV unacceptably common. In 2006, the Maria da Penha Law on Domestic and Family Violence, became the first federal law to regulate VAW and punish perpetrators in Brazil. This study examines the relationship between Brazilian VAW legislation and male perpetration of VAW by comparing reported prevalence of IPV before and after the enactment of the Maria da Penha Law. To assess changes in magnitude of IPV before and after the law, we used data from the 2013 Brazilian National Health Survey; we replicated the analyses conducted for the WHO Multi-Country Study on Women's Health and Domestic Violence Against Women-whose data were collected before the passage of the Maria da Penha Law. We compare findings from the two studies. Our analyses show an increase in the reported prevalence of physical violence, and a decrease in the reported prevalence of sexual and psychological violence. The increase may result from an actual increase in physical violence, increased awareness and reporting of physical violence, or a combination of both factors. Additionally, our analysis revealed that in the urban setting of São Paulo, physical violence was more likely to be severe and occur in the home; meanwhile, in the rural state of Pernambuco, physical violence was more likely to be moderate in nature and occur in public. The Maria da Penha Law increased attention and resources for VAW response and prevention; however, its true impact remains unmeasured. Our data suggest a need for regular, systematic collection of comparable population-based data to accurately estimate the true prevalence of IPV in

  3. State Indoor Tanning Laws and Prevalence of Indoor Tanning Among US High School Students, 2009-2015.

    Science.gov (United States)

    Qin, Jin; Holman, Dawn M; Jones, Sherry Everett; Berkowitz, Zahava; Guy, Gery P

    2018-07-01

    To examine the association between state indoor tanning laws and indoor tanning behavior using nationally representative samples of US high school students younger than 18 years. We combined data from the 2009, 2011, 2013, and 2015 national Youth Risk Behavior Surveys (n = 41 313) to analyze the association between 2 types of state indoor tanning laws (age restriction and parental permission) and the prevalence of indoor tanning during the 12 months before the survey, adjusting for age, race/ethnicity, and survey year, and stratified by gender. Age restriction laws were associated with a 47% (P tanning prevalence among female high school students. Parental permission laws were not found to be associated with indoor tanning prevalence among either female or male high school students. Age restriction laws could contribute to less indoor tanning, particularly among female high school students. Such reductions may reduce the health and economic burden of skin cancer.

  4. Current environmental situation in the new Federal States. Pt. 1

    International Nuclear Information System (INIS)

    Haury, H.J.; Koller, U.; Assmann, G.

    1992-01-01

    'Information on Environment' organised the first part of a seminar for jounalists on the present environmental situation in the now federal states in Berlin on the 3rd and 4th of December. More than 50 participants from radios, TV, daily and special press attended this ninth event of 'Information on Environment' in Berlin. Leading scientists from research institutes of the former GDR, the Federal Environmental Agency and the GSF-research centre for environment and heath gave papers on the predominant environmental problems in the new federal states. This first part deals with water pollution, waste water treatment, drinking water supply, environmental problems of lignite mining, radiation pollution in the Erzgebirge; forest damage research and special armament wastes and waste problems in general. (orig.) [de

  5. The Future of Labor and Employment Law in the United States

    OpenAIRE

    Stone, Katherine

    2008-01-01

    There is a serious problem with the labor and employment law system in the United States today. Unions have declined to the point where they represent less than 8 per cent of the private sector workforce, employee wages have stagnated for more than three decades, employers are cutting back on workers’ health insurance and pensions, and there is a dramatic growth in the numbers of the working poor. At the same time, there has been a rising chorus of complaints from labor scholars that the labo...

  6. Highly excited bound-state resonances of short-range inverse power-law potentials

    Energy Technology Data Exchange (ETDEWEB)

    Hod, Shahar [The Ruppin Academic Center, Emeq Hefer (Israel); The Hadassah Academic College, Jerusalem (Israel)

    2017-11-15

    We study analytically the radial Schroedinger equation with long-range attractive potentials whose asymptotic behaviors are dominated by inverse power-law tails of the form V(r) = -β{sub n}r{sup -n} with n > 2. In particular, assuming that the effective radial potential is characterized by a short-range infinitely repulsive core of radius R, we derive a compact analytical formula for the threshold energy E{sub l}{sup max} = E{sub l}{sup max}(n, β{sub n}, R), which characterizes the most weakly bound-state resonance (the most excited energy level) of the quantum system. (orig.)

  7. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

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

  8. The State of Environmentally Sustainable Interior Design Practice

    OpenAIRE

    Mihyun Kang; Denise A. Guerin

    2009-01-01

    Problem statement: Research that investigates how interior designers use environmentally sustainable interior design criteria in their design solutions has not been done. To provide a base to develop education strategies for sustainable interior design, this study examined the state of environmentally sustainable interior design practice. Approach: A national, Internet-based survey of interior design practitioners was conducted. To collect data, the random sample of US interior design practit...

  9. Radioactive waste management: a summary of state laws and administration. National Low-Level Radioactive Waste Mangement Program

    International Nuclear Information System (INIS)

    1983-05-01

    This is the first quarterly update of Radioactive Waste Management: A Summary of State Laws and Administration. Because states have been very active on waste management issues, the whole report is being reissued in this update. It covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. The administrative section provides information on the governor, lead agencies, other involved administrative agencies, relevant commissions, boards and councils and various contacts. The Legislative section provides general information on the legislature and lists legislative leaders, the relevant committees and their chairs and a legislative contact. In the section covering Applicable Legislation, laws related to radiation protection, low-level waste and high-level waste have been summarized. Hazardous waste siting laws are included for states that do not have a siting law covering radioactive waste. The section also contains summaries of relevant bills introduced in 1982 and 1983 legislative sessions and their disposition. In general, the information in this report is accurate as of 15 April 1983

  10. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

  11. Oklahoma State University proposed Advanced Technology Research Center. Environmental Assessment

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-06-01

    The Department of Energy (DOE) has prepared an Environmental Assessment (EA) evaluating the construction and equipping of the proposed Advanced Technology Research Center (ATRC) at Oklahoma State University (OSU) in Stillwater, Oklahoma. Based on the analysis in the EA, the DOE has determined that the proposed action does not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act (NEPA) of 1969. Therefore, the preparation of an Environmental Impact Statement is not required.

  12. Applicable or relevant and appropriate requirements (ARARs) for remedial actions at the Paducah Gaseous Diffusion Plant: A compendium of environmental laws and guidance

    International Nuclear Information System (INIS)

    Etnier, E.L.; Eaton, L.A.

    1992-03-01

    Section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 specifies that remedial actions for cleanup of hazardous substances found at sites placed on the National Priorities List (NPL) by the US Environmental Protection Agency (EPA) must comply with applicable or relevant and appropriate requirements (ARARs) or standards under federal and state environmental laws. To date, the US Department of Energy (DOE) Paducah Gaseous Diffusion Plant (PGDP) has not been on the NPL. Although DOE and EPA have entered into an Administrative Consent Order (ACO), the prime regulatory authority for cleanup at PGDP will be the Resource Conservation and Recovery Act (RCRA). This report supplies a preliminary list of available federal and state ARARs that might be considered for remedial response at PGDP in the event that the plant becomes included on the NPL or the ACO is modified to include CERCLA cleanup. A description of the terms ''applicable'' and ''relevant and appropriate'' is provided, as well as definitions of chemical-, location-, and action-specific ARARS. ARARs promulgated by the federal government and by the state of Kentucky are listed in tables. In addition, the major provisions of RCRA, the Safe Drinking Water Act, the Clean Water Act, the Clean Air Act, and other acts, as they apply to hazardous and radioactive waste cleanup, are discussed

  13. From to the Liberal State into the Social and Democratic State of Law: Analysis of the Emergence of Judicial Activism

    Directory of Open Access Journals (Sweden)

    Alexandre Luna da Cunha

    2016-10-01

    Full Text Available This article will examine the relationship between the judiciary and the effectiveness of social rights and, consequently, the vaunted judicial activism. More specifically, the article will answer the following question: the role of the judiciary has changed with the development of state models? Article develop their problem by analyzing the function of the judiciary in each of these rule of law models: the Liberal, Social (in spite of that State have not been fully implemented in Brazil and the Democratic. To do so, take into account the relationship between the established powers republish, social movement for the conquest of rights and assertiveness of a new generation of rights. The "Judicial activism" is analyzed as the practical consequence of a new constitutionalism, more guided in the realization of social rights outlined in the constitutions of democratic character.

  14. Christian Thomasius, the rule of law, and the separation of Church and State

    Directory of Open Access Journals (Sweden)

    John Christian Laursen

    2018-06-01

    Full Text Available Christian Thomasius was above all a professor of jurisprudence who used his legal skills to resolve all sorts of legal, political, and moral problems. In this article we review two of his writings that contributed to his rearticulation of the relations between religion and politics in early modernity. He used the elements of what later became the concept of the rule of law to defend Denis Veiras, author of the Histoire des Sevarambes, against charges of atheism. He also defended the skeptical jurisprudence of Georg Heber as the best instrument for separating church and state and assigning each their proper roles, and made use of theological skepticism to justify excluding the theologians from politics and limit the interventions of princes into religious matters except in cases where the peace of the state was endangered.

  15. ORD-State Cooperation is Essential to Help States Address Contemporary Environmental Public Health Challenges

    Science.gov (United States)

    Dr. Cascio’s presentation “ORD-State Cooperation is Essential to Help States Address Contemporary Environmental Public Health Challenges” at ORD’s State Coordination Team Meeting will highlight the role that ORD science and technical expertise in helping t...

  16. The Paramountcy of EU Law Over National Law The Extent to which Lyon’s Statements Reflect on the Relationship between EU and Domestic Law within the UK and Candidate States such as Albania

    Directory of Open Access Journals (Sweden)

    Erbi Ago

    2015-03-01

    Full Text Available As we live in a world that is becoming ever more globalized, it is unavoidable to consider the effect supranational entities and globalization itself have on the national sovereignty of the state. The EU is probably the most well-known example of a supranational entity and as such it cannot help but bring about a number of sides regarding its power over its members. There are many that would claim the EU has undermined national sovereignty, especially when it comes to the legal sphere. The issue at hand has been addressed by scholars such as Dr. Anne Lyon and this paper is a direct analysis of her statement regarding paramountcy. In summation, Lyon has stated that EU law has undermined national law. This has happened due to a number of reasons, one of which is the passing of a parliamentary Act intending to prioritize EU law. At this point, shall they need to provide otherwise, it is quite an argument to claim whether they could give effect to national law instead. Therefore, it has become necessary to consider the extent to which these statements reflect the relationship between EU law and ‘domestic’ laws within the UK and try and apply to the legal future of candidate states, such as Albania. This paper analyzes the two parts of Lyon’s argument, namely the paramountcy and parliamentary aspects of the issue, while also aiming to provide a framework on which future candidate states such as Albania can work on in order to achieve a more efficient assimilation into the EU legal system together with the forewarnings necessary shall they wish the opposite.

  17. Society of Environmental Toxicology and Chemistry 15th annual meeting: Abstract book. Ecological risk: Science, policy, law, and perception

    International Nuclear Information System (INIS)

    Anon.

    1994-01-01

    The purpose of this conference was to provide a forum for exchange of state-of-the-art information on the ecological risks of toxic chemicals. Presentations covered research in the following areas: environmental transport; monitoring; pollution sources; analysis; remediation; policies; environmental effects; and biological effects. Individual papers have been processed separately for inclusion in the appropriate data bases

  18. An environmental assessment of United States drinking water watersheds

    Science.gov (United States)

    James Wickham; Timothy Wade; Kurt Riitters

    2011-01-01

    Abstract There is an emerging recognition that natural lands and their conservation are important elements of a sustainable drinking water infrastructure. We conducted a national, watershed-level environmental assessment of 5,265 drinking water watersheds using data on land cover, hydrography and conservation status. Approximately 78% of the conterminous United States...

  19. Response planning and environmental risk analysis, state of Alaska

    International Nuclear Information System (INIS)

    Gundlach, E.R.; Marben, G.M.

    1993-01-01

    Under the sponsorship of the Alaska Dept. of Environmental Conservation (ADEC), a multitasked study was undertaken to determine the relative risk of noncrude oil transport (including marine and freshwater), the status of spill response capability in the state, and the need and most appropriate locations for siting spill response deposits. The project used multidisciplinary transport and environmental data analyzed in a geographic information system (GIS) to enable various scenarios and data changes to be easily visualized. The evaluation concerned (a) designation of significant environmental risk areas, (b) environmentally sensitive areas and fish and wildlife likely to be affected, (c) the level of response capability appropriate for protecting the environment, (d) the adequacy of current capabilities for noncrude vessels, (e) the feasibility of establishing one or more response cooperatives for use by multiple carriers, and (f) other steps that could be taken to reduce the risk of a spill and facilitate control and cleanup

  20. Clinical Social Work. State Laws Governing Independent Practice and Reimbursement of Services. Fact Sheet for the Honorable Daniel K. Inouye, United States Senate.

    Science.gov (United States)

    General Accounting Office, Washington, DC. Div. of Human Resources.

    This fact sheet on state laws governing the independent practice and reimbursement of services for clinical social workers contains information from questionnaires sent to the state agencies responsible for health insurance regulations and Medicaid and licensing activities. Information on Ohio, the only state which did not respond, is not…

  1. State plans to force companies to eliminate environmental burdens

    International Nuclear Information System (INIS)

    Marcan, P.

    2004-01-01

    The Ministry of Environment is preparing legislation aimed at forcing the state and especially private enterprises to map and eliminate tips, refuse from company premises and farmyards, and manure heaps. It is expected that the main burden will fall on private enterprises. The department is still working on the wording of this new Act on environmental burdens and so it is not yet clear whether it will be of assistance in the elimination of environmental burdens. The Ministry is aware that economic aspects must also be taken into account when exercising pressure on the companies. Closing down a company that cannot meet environmental criteria would result in redundancies and so the time schedule for the elimination of environmental burdens will be adjusted to fit the financial situation of the company involved. The ministry plans to first find companies responsible for environmental debts and then set a deadline for the preparation of a project to eliminate the environmental burden. The project would have to contain a description of elimination methods, in addition to a time schedule and cost assessment. If a private company does not report an environmental burden, the competent public authority will have the power to request access to the premises to undertake an inspection. (author)

  2. Earthquake cycle simulations with rate-and-state friction and power-law viscoelasticity

    Science.gov (United States)

    Allison, Kali L.; Dunham, Eric M.

    2018-05-01

    We simulate earthquake cycles with rate-and-state fault friction and off-fault power-law viscoelasticity for the classic 2D antiplane shear problem of a vertical, strike-slip plate boundary fault. We investigate the interaction between fault slip and bulk viscous flow with experimentally-based flow laws for quartz-diorite and olivine for the crust and mantle, respectively. Simulations using three linear geotherms (dT/dz = 20, 25, and 30 K/km) produce different deformation styles at depth, ranging from significant interseismic fault creep to purely bulk viscous flow. However, they have almost identical earthquake recurrence interval, nucleation depth, and down-dip coseismic slip limit. Despite these similarities, variations in the predicted surface deformation might permit discrimination of the deformation mechanism using geodetic observations. Additionally, in the 25 and 30 K/km simulations, the crust drags the mantle; the 20 K/km simulation also predicts this, except within 10 km of the fault where the reverse occurs. However, basal tractions play a minor role in the overall force balance of the lithosphere, at least for the flow laws used in our study. Therefore, the depth-integrated stress on the fault is balanced primarily by shear stress on vertical, fault-parallel planes. Because strain rates are higher directly below the fault than far from it, stresses are also higher. Thus, the upper crust far from the fault bears a substantial part of the tectonic load, resulting in unrealistically high stresses. In the real Earth, this might lead to distributed plastic deformation or formation of subparallel faults. Alternatively, fault pore pressures in excess of hydrostatic and/or weakening mechanisms such as grain size reduction and thermo-mechanical coupling could lower the strength of the ductile fault root in the lower crust and, concomitantly, off-fault upper crustal stresses.

  3. Guide to preemption of state-law claims against Class III PMA medical devices.

    Science.gov (United States)

    Whitney, Daniel W

    2010-01-01

    There is a perception that the express preemption holding of the Supreme Court in Riegel v. Medtronic, 552 U.S. 312(2008), immunizes medical device manufacturers from common law personal injury actions involving Class III devices that received FDA clearance under a premarket approval application (PMA). In the aftermath of Riegel, many lawsuits involving Class III PMA devices have been dismissed by district courts applying the new heightened pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Other lawsuits involving Class III PMA devices premised on fraud-on-FDA have been dismissed based on the implied preemption holding of the Supreme Court in Buckman v. Plaintiffs' Legal Comm., 531 U.S. 341 (2001). When these decisions are carefully analyzed together with Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), which found no preemption regarding a Class III device receiving FDA clearance through the 510(k) mechanism, it is apparent that the preemption defense does not apply universally to Class III PMA devices. The overall methodology for framing a non-preempted claim is to first identify conduct which violated the PMA or other specific requirements related to safety or efficacy. If such conduct can also be stated in terms of a breach of a parallel common law duty (e.g, failure to warn under strict liability or negligence, manufacturing defect or breach of warranty), then it would appear the claim is not preempted. Alternatively, regardless of a specific violation, common law remedies are not preempted by general CGMP requirements.

  4. State environmental reports of the Slovak Republic on Internet

    International Nuclear Information System (INIS)

    Kanianska, R.; Fabricius, A.; Marcinatova, L.

    2005-01-01

    The Slovak Environmental Agency under supervision of the Ministry of Environment of the Slovak Republic (SR) prepare yearly different types of reports with evaluation of state of environment of the Slovak Republic on the basis of verified statistical data which come from records of Statistical Office of the SR, Ministry of Environment of the SR, professional organisation of departments of environment, as well as from data bases of others central executive administration and their special organisations. Single report varies by form, content, structure and scope, for which were designed. They made available for public on the internet web-site http://www.enviroportal.sk/, eventually on the web-site of the Slovak Environmental Agency http://www.sazp.sk/. The following types of reports are published by the Slovak Environmental Agency: State of the Environment Reports of the Slovak Republic; State of the Environment Reports according to the D-P-S-I-R structure (where (Pressure - P, State - S, (Response - R, Driven forces - D, and Impact - I, indicators of the OECD); Report about impacts of economic sectors on the environment of the SR; Sustainable development indicators of the SR on national level. The form of presentation of individual indicators makes it possible to obtain information about present state, trends and fixing of these problems in strategic documents with possibility of their international comparison and access to relevant information on Internet

  5. Proceedings of Workshop on Uranium Production Environmental Restoration: An exchange between the United States and Germany

    Energy Technology Data Exchange (ETDEWEB)

    1993-12-31

    Scientists, engineers, elected officials, and industry regulators from the United, States and Germany met in Albuquerque, New Mexico, August 16--20, 1993, in the first joint international workshop to discuss uranium tailings remediation. Entitled ``Workshop on Uranium Production Environmental Restoration: An Exchange between the US and Germany,`` the meeting was hosted by the US Department of Energy`s (DOE) Uranium Mill Tailings Remedial Action (UMTRA) Project. The goal of the workshop was to further understanding and communication on the uranium tailings cleanup projects in the US and Germany. Many communities around the world are faced with an environmental legacy -- enormous quantities of hazardous and low-level radioactive materials from the production of uranium used for energy and nuclear weapons. In 1978, the US Congress passed the Uranium Mill Tailings Radiation Control Act. Title I of the law established a program to assess the tailings at inactive uranium processing sites and provide a means for joint federal and state funding of the cleanup efforts at sites where all or substantially all of the uranium was produced for sale to a federal agency. The UMTRA Project is responsible for the cleanup of 24 sites in 10 states. Germany is facing nearly identical uranium cleanup problems and has established a cleanup project. At the workshop, participants had an opportunity to interact with a broad cross section of the environmental restoration and waste disposal community, discuss common concerns and problems, and develop a broader understanding of the issues. Abstracts are catalogued individually for the data base.

  6. Proceedings of Workshop on Uranium Production Environmental Restoration: An exchange between the United States and Germany

    International Nuclear Information System (INIS)

    1993-01-01

    Scientists, engineers, elected officials, and industry regulators from the United, States and Germany met in Albuquerque, New Mexico, August 16--20, 1993, in the first joint international workshop to discuss uranium tailings remediation. Entitled ''Workshop on Uranium Production Environmental Restoration: An Exchange between the US and Germany,'' the meeting was hosted by the US Department of Energy's (DOE) Uranium Mill Tailings Remedial Action (UMTRA) Project. The goal of the workshop was to further understanding and communication on the uranium tailings cleanup projects in the US and Germany. Many communities around the world are faced with an environmental legacy -- enormous quantities of hazardous and low-level radioactive materials from the production of uranium used for energy and nuclear weapons. In 1978, the US Congress passed the Uranium Mill Tailings Radiation Control Act. Title I of the law established a program to assess the tailings at inactive uranium processing sites and provide a means for joint federal and state funding of the cleanup efforts at sites where all or substantially all of the uranium was produced for sale to a federal agency. The UMTRA Project is responsible for the cleanup of 24 sites in 10 states. Germany is facing nearly identical uranium cleanup problems and has established a cleanup project. At the workshop, participants had an opportunity to interact with a broad cross section of the environmental restoration and waste disposal community, discuss common concerns and problems, and develop a broader understanding of the issues. Abstracts are catalogued individually for the data base

  7. The effect of state dependent mandate laws on the labor supply decisions of young adults.

    Science.gov (United States)

    Depew, Briggs

    2015-01-01

    Prior to the Affordable Care Act, the majority of states in the U.S. had already implemented state laws that extended the age that young adults could enroll as dependents on their parent's employer-based health insurance plans. Because of the fundamental link between health insurance and employment in the U.S., such policies may effect the labor supply decisions of young adults. Although the interaction between labor supply and health insurance has been extensively studied for other subpopulations, little is known about the role of health insurance in the labor supply decisions of young adults. I use the variation from the implementation and changes in state policies that expanded dependent health insurance coverage to examine how young adults adjusted their labor supply when they were able to be covered as a dependent on their parent's plan. I find that these state mandates led to a decrease in labor supply on the intensive margin. Copyright © 2014 Elsevier B.V. All rights reserved.

  8. United States Department of Energy Field Office, Richland, Environmental Protection Implementation Plan, November 9, 1990--November 9, 1991

    International Nuclear Information System (INIS)

    Paasch, R.A.

    1991-09-01

    The US Department of Energy (DOE) Order 5400.1 (DOE 1988a), General Environmental Protection Program, establishes environmental protection program requirements, authorities, and responsibilities to ensure that DOE operations are in compliance with applicable federal, state and local environmental protection laws and regulations, executive orders, and internal department policies. Chapter 3 of DOE Order 5400.1 requires that each field organization prepare a plan for implementing the requirements of this order and update this plan annually. Therefore, this update to the US Department of Energy -- Richland Operations Office Environmental Protection Implementation Plan for the Hanford Site, Richland, Washington, initially prepared November 9, 1989, is being issued. Responsibility for coordinating preparation of the annual update of this plan is assigned to the US Department of Energy Field Office, Richland, Safety and Environment Division's Environmental Oversight Branch

  9. Exposure to environmental tobacco smoke in Chaves after the implementation of the law 37/2007. A cross-sectional study in two healthcare settings.

    Science.gov (United States)

    Paradela, C; Pérez-Ríos, M; Ruano-Ravina, A; Barros-Dios, J M

    2013-01-01

    Environmental tobacco smoke (ETS) is currently the main indoor pollutant and causes a high morbility and mortality. A partial restriction came into force in Portugal, in 2008, law 37/2007, trying to control, define and regulate smoke-free environments. To assess exposure and perceived impact of the law 37/2007 on exposure to ETS among adults attending to the two health care facilities of Chaves (Portugal). A cross-sectional survey on tobacco consumption and exposure to ETS was undertaken in Chaves (Northern Portugal) between November 2009 and February 2010. All the patients, over 17, attending to any of the Chaves Primary Care Facilities were interviewed. Patient enrolment was done on a rolling basis covering all days of the week. A face to face interview was carried out and a carbon monoxide was measured. Prevalence and means are shown with 95% confidence intervals. 287 patients participated in the survey, 56% were males and the mean age was 54 years. Smoking prevalence was 23,6%, significantly higher in males (31% vs 17%). 46,2% reported exposure tobacco smoke elsewhere (53% in males vs. 40% in females). Smokers declared to be more exposed to ETS than non-smokers. 16.2% of the population declared to be exposed at home, 14% at work and 33% at leisure places. The highest decrease in perception of passive exposure was found for restaurants (95%). In nightclubs 68% of the participants stated that exposure has remained unchanged. The tobacco control law offered protection against tobacco smoke in several closed public spaces. However, a significant proportion of the population remains exposed. This study highlights the ineffectiveness of a partial ban. A comprehensive law is, therefore, required in Portugal. Copyright © 2012 Sociedade Portuguesa de Pneumologia. Published by Elsevier España. All rights reserved.

  10. Competition law and environmental protection : the Dutch agreement on coal-fired power plants

    NARCIS (Netherlands)

    Kloosterhuis, Erik; Mulder, Machiel

    2015-01-01

    Agreements between firms to jointly reduce production capacity generally violate competition law, unless specific conditions are met. These conditions imply that the agreements need to realize benefits for consumers that could not otherwise be realised. Together, we call them “efficiency defence.”

  11. Radioactive waste management: a summary of state laws and administration. National Low-Level Radioactive Waste Management Program. Revision 5

    International Nuclear Information System (INIS)

    1984-09-01

    This updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. In general, the information in this report is accurate as of 31 August 1984

  12. 75 FR 66420 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Online Dispute...

    Science.gov (United States)

    2010-10-28

    ... B2C e-commerce contract disputes on the basis of a state-sponsored cooperative framework and model... International Law (ACPIL): Online Dispute Resolution (ODR) Study Group The Department of State, Office of Legal... upcoming work in UNCITRAL on the development of legal instruments regarding online dispute resolution for...

  13. 12 CFR 987.2 - Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States...

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks; rights of any Person against Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks. 987.2 Section 987.2 Banks and Banking FEDERAL HOUSING FINANCE...

  14. Authority of Pharmacists to Administer Human Papillomavirus Vaccine: Alignment of State Laws With Age-Level Recommendations.

    Science.gov (United States)

    Dingman, Deirdre A; Schmit, Cason D

    One strategy to increase the uptake of human papillomavirus (HPV) vaccine among adolescents is through the use of pharmacists. Our objectives were to (1) use a publicly available database to describe the statutory and regulatory authority of pharmacists to administer the HPV vaccine in the United States and (2) discuss how the current status of laws may influence achievement of the Healthy People 2020 goal of 80% HPV vaccination rate for teenagers aged 13-15. Using information from the Centers for Disease Control and Prevention's (CDC's) Public Health Law Program database, we identified state laws in effect as of January 1, 2016, giving pharmacists authority to administer vaccines. We used a standardized analysis algorithm to determine whether states' laws (1) authorized pharmacists to administer HPV vaccine, (2) required third-party authorization for pharmacist administration, and (3) restricted HPV vaccine administration by pharmacists to certain patient age groups. Of 50 states and the District of Columbia, 40 had laws expressly granting pharmacists authority to administer HPV vaccine to patients, but only 22 had laws that authorized pharmacists to vaccinate preadolescents aged 11 or 12 (ie, the CDC-recommended age group). Pharmacists were granted prescriptive authority by 5 states, and they were given authority pursuant to general (non-patient-specific) third-party authorization (eg, a licensed health care provider) by 32 states or patient-specific third-party authorization by 3 states. Most states permitted pharmacists to administer HPV vaccines only to boys and girls older than 11 or 12, which may hinder achievement of the Healthy People 2020 goal for HPV vaccination. Efforts should be made to strengthen the role of pharmacists in addressing this public health issue.

  15. Pain clinic definitions in the medical literature and U.S. state laws: an integrative systematic review and comparison.

    Science.gov (United States)

    Andraka-Christou, Barbara; Rager, Joshua B; Brown-Podgorski, Brittany; Silverman, Ross D; Watson, Dennis P

    2018-05-22

    In response to widespread opioid misuse, ten U.S. states have implemented regulations for facilities that primarily manage and treat chronic pain, called "pain clinics." Whether a clinic falls into a state's pain clinic definition determines the extent to which it is subject to oversight. It is unclear whether state pain clinic definitions model those found in the medical literature, and potential differences lead to discrepancies between scientific and professionally guided advice found in the medical literature and actual pain clinic practice. Identifying discrepancies could assist states to design laws that are more compatible with best practices suggested in the medical literature. We conducted an integrative systematic review to create a taxonomy of pain clinic definitions using academic medical literature. We then identified existing U.S. state pain clinic statutes and regulations and compared the developed taxonomy using a content analysis approach to understand the extent to which medical literature definitions are reflected in state policy. In the medical literature, we identified eight categories of pain clinic definitions: 1) patient case mix; 2) single-modality treatment; 3) multidisciplinary treatment; 4) interdisciplinary treatment; 5) provider supervision; 6) provider composition; 7) marketing; and 8) outcome. We identified ten states with pain clinic laws. State laws primarily include the following definitional categories: patient case mix; single-modality treatment, and marketing. Some definitional categories commonly found in the medical literature, such as multidisciplinary treatment and interdisciplinary treatment, rarely appear in state law definitions. This is the first study to our knowledge to develop a taxonomy of pain clinic definitions and to identify differences between pain clinic definitions in U.S. state law and medical literature. Future work should explore the impact of different legal pain clinic definitions on provider decision

  16. Smoke-free law associated with higher-than-expected taxable retail sales for bars and taverns in Washington State.

    Science.gov (United States)

    Boles, Myde; Dilley, Julia; Maher, Julie E; Boysun, Michael J; Reid, Terry

    2010-07-01

    Continued progress in implementing smoke-free laws throughout the United States would benefit from documenting positive economic effects, particularly for the hospitality industry. This study describes changes in sales revenue in bars and taverns since December 2005, when a statewide smoke-free law in Washington State went into effect. Using 24 quarters of inflation-adjusted taxable retail sales data from 2002 through 2007, we fitted a regression model to estimate the effect of the smoke-free law on sales revenue, controlling for seasonality and other economic factors. We found no immediate change in bar revenues in the first quarter of 2006, but taxable retail sales grew significantly through the fourth quarter of 2007. In the 2 years after the smoke-free law was implemented, sales revenues were $105.5 million higher than expected for bars and taverns in Washington State. The higher-than-expected revenue from taxable sales in bars and taverns after the implementation of smoke-free laws in Washington State provided extra funds to the state general fund. Potential increases in revenue in other jurisdictions that implement smoke-free indoor air policies could provide funds to benefit residents of those jurisdictions.

  17. Suppression law of quantum states in a 3D photonic fast Fourier transform chip

    Science.gov (United States)

    Crespi, Andrea; Osellame, Roberto; Ramponi, Roberta; Bentivegna, Marco; Flamini, Fulvio; Spagnolo, Nicolò; Viggianiello, Niko; Innocenti, Luca; Mataloni, Paolo; Sciarrino, Fabio

    2016-01-01

    The identification of phenomena able to pinpoint quantum interference is attracting large interest. Indeed, a generalization of the Hong–Ou–Mandel effect valid for any number of photons and optical modes would represent an important leap ahead both from a fundamental perspective and for practical applications, such as certification of photonic quantum devices, whose computational speedup is expected to depend critically on multi-particle interference. Quantum distinctive features have been predicted for many particles injected into multimode interferometers implementing the Fourier transform over the optical modes. Here we develop a scalable approach for the implementation of the fast Fourier transform algorithm using three-dimensional photonic integrated interferometers, fabricated via femtosecond laser writing technique. We observe the suppression law for a large number of output states with four- and eight-mode optical circuits: the experimental results demonstrate genuine quantum interference between the injected photons, thus offering a powerful tool for diagnostic of photonic platforms. PMID:26843135

  18. Impact of a State Law on Physician Practice in Sports-Related Concussions.

    Science.gov (United States)

    Flaherty, Michael R; Raybould, Toby; Jamal-Allial, Aziza; Kaafarani, Haytham M A; Lee, Jarone; Gervasini, Alice; Ginsburg, Richard; Mandell, Mark; Donelan, Karen; Masiakos, Peter T

    2016-11-01

    To determine physician-reported adherence to and support of the 2010 Massachusetts youth concussion law, as well as barriers to care and clinical practice in the context of legislation. Primary care physicians (n = 272) in a large pediatric network were eligible for a cross-sectional survey in 2014. Survey questions addressed key policy and practice provisions: concussion knowledge, state regulations and training, practice patterns, referrals, patient characteristics, and barriers to care. Analyses explored relationships between practice and policy, adjusting for physician demographic and practice characteristics. The survey response rate was 64% among all responders (173 of 272). A total of 146 respondents who had evaluated, treated, or referred patients with a suspected sports-related concussion in the previous year were eligible for analysis. The vast majority (90%) of providers agreed that the current Massachusetts laws regarding sports concussions are necessary and support the major provisions. Three-quarters (74%) had taken a required clinician training course on concussions. Those who took training courses were significantly more likely to develop individualized treatment plans (OR, 3.6; 95% CI, 1.1-11.0). Physician training did not improve screening of youth with concussion for depression or substance use. Most physicians (77%) advised patients to refrain from computer, telephone, or television for various time periods. Physicians reported limited communication with schools. Primary care physicians report being comfortable with the diagnosis and management of concussions, and support statewide regulations; however, adherence to mandated training and specific legal requirements varied. Broader and more frequent training may be necessary to align current best evidence with clinical care and state-mandated practice. Copyright © 2016 Elsevier Inc. All rights reserved.

  19. New Economic Policy As A Period In The History Of The Domestic State And Law

    Directory of Open Access Journals (Sweden)

    Valeriy V. Burdanov

    2014-12-01

    Full Text Available In the present article the importance of the Soviet period studying in the context of historical and legal science is explained. The legal nature of the new economic policy and regulatory frameworks of it’s principles implement are analyzed. It is noted that today, obviously, not enough attention is paid to the development of cooperation and yet in our history there are examples of its true heyday, and NEP is an excellent example. Author draws attention to the normative legal acts, devoted to the development of economy during the NEP. In the article a strong correlation of economy with law is shown. Enacted legal acts, which were aimed on the establishment of the legal system in the young Soviet State, were determined by economic factors and their dynamics, but were developed and adopted with the account to the political situation. It is concluded that the New Economic Policy was a course taken forcedly. In this capacity it took shape gradually during the 1921 - 1922 years, what found reflected in decisions of highest Soviet ordinances and resolutions of party congresses, as well as adopted in this period regulations. Denial from the emergency legislation of the "war communism" period made a more flexible policy possible in the NEP period, both in the economy and in other spheres of state and public life. Rejection of emergency measures allowed to start work on the development of law as a regulator of new social relations. During the NEP period an extensive work on the Soviet legislation codification was conducted.

  20. A state-impact-state methodology for assessing environmental impact in land use planning

    International Nuclear Information System (INIS)

    Chen, Longgao; Yang, Xiaoyan; Chen, Longqian; Potter, Rebecca; Li, Yingkui

    2014-01-01

    The implementation of land use planning (LUP) has a large impact on environmental quality. There lacks a widely accepted and consolidated approach to assess the LUP environmental impact using Strategic Environmental Assessment (SEA). In this paper, we developed a state-impact-state (SIS) model employed in the LUP environmental impact assessment (LUPEA). With the usage of Matter-element (ME) and Extenics method, the methodology based on the SIS model was established and applied in the LUPEA of Zoucheng County, China. The results show that: (1) this methodology provides an intuitive and easy understanding logical model for both the theoretical analysis and application of LUPEA; (2) the spatial multi-temporal assessment from base year, near-future year to planning target year suggests the positive impact on the environmental quality in the whole County despite certain environmental degradation in some towns; (3) besides the spatial assessment, other achievements including the environmental elements influenced by land use and their weights, the identification of key indicators in LUPEA, and the appropriate environmental mitigation measures were obtained; and (4) this methodology can be used to achieve multi-temporal assessment of LUP environmental impact of County or Town level in other areas. - Highlights: • A State-Impact-State model for Land Use Planning Environmental Assessment (LUPEA). • Matter-element (ME) and Extenics methods were embedded in the LUPEA. • The model was applied to the LUPEA of Zoucheng County. • The assessment shows improving environment quality since 2000 in Zoucheng County. • The method provides a useful tool for the LUPEA in the county level