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
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
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)
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
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.
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)
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
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
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
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
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
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.
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.)
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
Recent publications on environmental law
International Nuclear Information System (INIS)
Lohse, S.
1988-01-01
The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de
Recent publications on environmental law
International Nuclear Information System (INIS)
Lohse, S.
1989-01-01
The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de
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)
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
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...
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.
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
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.
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
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
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.)
The Hungarian environmental private law under the influence of jus publicum
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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
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.
INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW
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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.
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
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
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.
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).
THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW
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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.
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
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
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
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
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).
Environmental and economic evaluation of the Massachusetts Smoke-Free Workplace Law.
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.
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.
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.
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.
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
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
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.
Research Handbook on International Environmental Law
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
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
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
28 CFR 91.67 - State Environmental Policy Acts.
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...
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
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
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.
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)
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.
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
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
Environmental laws in health care.
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.
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
State laws on tobacco control--United States, 1998.
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
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
State cigarette minimum price laws - United States, 2009.
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.
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
20 CFR 617.16 - Applicable State law.
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...
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.
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).
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
42 CFR 422.378 - Relationship to State law.
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...
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.
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.
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
State aid for the adequacy of production in EU competition law
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 ...
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
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
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.
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.).
12 CFR 213.9 - Relation to state laws.
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...
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
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.
28 CFR 104.42 - Applicable state law.
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...
Innovative Research on Teaching Model of Environmental Law Courses in China
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...
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.)
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.)
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.
12 CFR 202.11 - Relation to state law.
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...
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
Integration of Environmental Education and Environmental Law Enforcement for Police Officers
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…
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.
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.
Analysis of Environmental Law Enforcement Mechanism Based on Economic Principle
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.
45 CFR 98.3 - Effect on State law.
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...
40 CFR 403.4 - State or local law.
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...
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
Russian Environmental Law - an Overview For Business.
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...
12 CFR 226.28 - Effect on State laws.
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...
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
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
Prevention Obligations in International Environmental Law
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
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
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.
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.
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.
27 CFR 478.58 - State or other law.
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...
A baseline understanding of state laws governing e-cigarettes.
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.
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.
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
State Gun Law Environment and Youth Gun Carrying in the 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.
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.
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....
Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law.
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.
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)
32 CFR 634.41 - Compliance with State laws.
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...
29 CFR 825.701 - Interaction with State laws.
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...
27 CFR 555.62 - State or other law.
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...
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.
36 CFR 8.4 - Federal and State labor laws.
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...
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.
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
Association between state school nutrition laws and subsequent child obesity.
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.
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.).
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.
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.
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.
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
Social-ecological resilience and law
Garmestani, Ahjond S.; Allen, Craig R.
2014-01-01
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 nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.
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.
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
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)
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.
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
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
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 ...
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
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
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 ...
20 CFR 601.2 - Approval of State unemployment compensation laws.
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...
Correlates of state enactment of elementary school physical education laws.
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.
Internationalization of law globalization, international law and complexity
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.
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.
Electronic Democracy and Environmental Governance: A Survey of the States
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...
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
7 CFR 766.155 - Conflict with State law.
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...
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.
Jurisdiction in international law : United States and European perspectives
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 ...
27 CFR 31.4 - Relation to State and municipal law.
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...
29 CFR 530.201 - Conflict with State law.
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...
Inequity between male and female coverage in state infertility laws.
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.
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).
34 CFR 200.4 - State law exception.
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...
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...
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 ...
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.
Consolidated Navy-Marines Environmental Law Deskbook. Revised
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
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
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)
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.
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....
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.
Applicable law in investor-state arbitration: the interplay between national and international law
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
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
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
State Maternity/Parental Leave Laws. Facts on Working Women No. 90-1.
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…
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
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
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...
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.
27 CFR 46.94 - Relation to State and municipal law.
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...
31 CFR 50.24 - Applicability of State law requirements.
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...
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).
12 CFR 557.13 - What State laws affecting deposits are not preempted?
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...
50 CFR 20.72 - Violation of State law.
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...
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
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
Environmental Compliance Management System
International Nuclear Information System (INIS)
Brownson, L.W.; Krsul, T.; Peralta, R.A.; Knudson, D.A.; Rosignolo, C.L.
1992-01-01
Argonne National Laboratory (ANL) is developing the Environmental Compliance Management System (ECMS) as a comprehensive, cost-effective tool to ensure (1) that the Laboratory complies with all applicable federal and state environmental laws and regulations, (2) that environmental issues and concerns are recognized and considered in the early phases of projects; and (3) that Laboratory personnel conduct Laboratory operations in the most environmentally acceptable manner. The ECMS is an expert computer system which is designed to allow project engineers to perform an environmental evaluation of their projects. The system includes a Master Program which collects basic project information, provide utility functions, and access the environmental expert modules, environmental expert system modules for each federal and state environmental law which allows the user to obtain specific information on how an individual law may affect his project; and site-specific databases which contain information necessary for effective management of the site under environmental regulations. The ECMS will have the capability to complete and print many of the necessary environmental forms required by federal and state agencies, including the Department of Energy
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...
Sociodemographic Disparities in Local Smoke-Free Law Coverage in 10 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.
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.
State Firearm Laws and Interstate Transfer of Guns in the USA, 2006-2016.
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
Social Security Number Protection Laws: State-by-State Summary Table
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…
12 CFR 557.11 - To what extent does Federal law preempt deposit-related State laws?
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...
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)
State gun safe storage laws and child mortality due to firearms.
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.
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
Introduction: Social-Ecological Resilience and Law
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...
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.
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).
7 CFR 360.400 - Preemption of State and local laws.
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...
The reprocessing plant as a problem of international law
International Nuclear Information System (INIS)
Guendling, L.
1987-01-01
The planned construction of the reprocessing plant creates problems with regard to transfrontier environmental protection, due to the potential hazards involved, and these problems institute obligations of the Federal Republic of Germany under contractual law and under customary international law. Particularly under customary international neighbour law the F.R.G. is obliged to prevent and abstain from transfrontier activities entailing environmental effects with considerable damaging potential in the neighbouring states, which also includes the duty of providing for protection against accidents. It is, however, a clear fact that the states decided the peaceful uses of atomic energy to be admissible, and accept the risk of possible catastrophic damage. The interpretation of existing international laws has to take this fact into account. (orig./HSCH) [de
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.
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
12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.
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...
Obtaining patient test results from clinical laboratories: a survey of state law for pharmacists.
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.
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.
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.
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
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
Medical cannabis laws and opioid analgesic overdose mortality in the United States, 1999-2010.
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
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)
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
State-level gonorrhea rates and expedited partner therapy laws: insights from time series analyses.
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.
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.
Lawful Permanent Residents Fiscal Year 2015 State
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...
Lawful Permanent Residents Fiscal Year 2011 State
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...
Lawful Permanent Residents Fiscal Year 2016 State
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...
Lawful Permanent Residents Fiscal Year 2014 State
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...
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.
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...
Modified Van der Waals equation and law of corresponding 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.
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
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.)
Suicide Rates and State Laws Regulating Access and Exposure to Handguns.
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.
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)
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.).
Getting the job done: Resolving state-federal conflicts in Superfund
Energy Technology Data Exchange (ETDEWEB)
Smith, R.; Silver, D.
1998-12-31
The American system of federalism creates frequent opportunities for clashes between state and federal environmental regulators.State and federal environmental laws overlap but are not easily reconciled. Most federal environmental law provides no clear answer as to how to reconcile differing mandates of state and federal environmental regulators. In this article, they will examine these state-federal conflicts as they played out in 1994 in the cleanup of contaminated sites in the state of Washington. This article describes the way a regional office of the Environmental Protection Agency and the state`s Department of Ecology developed a novel approach to managing the essential tension between overlapping state and federal cleanup laws.
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.
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
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
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.
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.
State-level school competitive food and beverage laws are associated with children's weight status.
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.
12 CFR Appendix C to Part 230 - Effect on State Laws
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...
The Treaty of Lisbon and European Environmental Law and Policy
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
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...
National Environmental Policy Act
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...
Climate engineering field research : The favorable setting of international environmental law
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
45 CFR 211.5 - Action under State law; appointment of guardian.
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. ...
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.
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
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
Implications of the Law of the Sea Convention
International Nuclear Information System (INIS)
Brewer, W.C. Jr.
1989-01-01
This paper reports that protection and preservation of the marine environment from wastes and toxic substances was an early concern of the Third United Nations Conference on the Law of the Sea, and the subject is extensively dealt with in the text of the Convention, adopted on 30 April 1982. The environmental provisions of the Convention are intended to serve as an umbrella treaty that states general goals, delimits the power and geographical jurisdiction of states in dealing with environmental problems, and requires states to cooperate through regional and global organizations in the development of standards. The most complex provisions of the environmental text deal with vessel discharges, reflecting the high degree of public interest in oil pollution, whereas the ocean dumping provisions rely largely on the standards of the London Dumping Convention. Pollution carried by air and rivers and wastes from seabed mining within national jurisdiction are treated briefly. The International Seabed Authority, created elsewhere in the Convention to regulate seabed mining, is granted power to regulate pollution from such mining beyond national jurisdiction. Overall, the most important contribution made by the Law of the Sea Convention to the protection of the marine environment is the obligation of states to bring national marine pollution laws up to global standards
49 CFR 24.208 - Aliens not lawfully present in the 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...
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.
Legal protection in French environmental law
International Nuclear Information System (INIS)
Fromont, M.
1983-01-01
The author presents a comparison of the French and the Federal German legal provisions providing for preliminary legal protection in connection with proceedings where protection of the environment is involved. The author also discusses proceedings in contentious administrative matters in connection with the licensing of the construction and operation of nuclear power plants, as well as the protection of the laws in subject matters concerning airborne pollution control and environmental protection in general. One of the most outstanding different features is the fact that in legal proceedings on administrative matters in France, protection of the existing legal system is the main issue rather than the protection of individual rights, as is the case in the Fed. Republic of Germany. (HP) [de
The 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....
Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999–2010
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
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.
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
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
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
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.
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.)
The law as an instrument of technology control and as a basis for technological development
International Nuclear Information System (INIS)
Kloepfer, M.
1998-01-01
In public debates about German industry's global competitiveness it becomes evident that environmental law and the technology-related law are almost exclusively perceived as systems of law which - for reasons of environmental protection and protection of public health - are setting restraints to technological development. This is a narrow perspective neglecting the functions of the law as an instrument providing legal security and a reliable framework for developments. In a democratic, constitutional state, the environmental law and the technology-related law are instruments providing for protection of the basic, general rights and requirements of technology, and contribute to ensuring general acceptance of technologic development. (orig./CB) [de
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
Energy law and the environment
Energy Technology Data Exchange (ETDEWEB)
Rosemary Lyster; Adrian Bradbrook [University of Sydney, Sydney, NSW (Australia)
2006-08-15
The current unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. Contents are: Overview of energy production and use in Australia; 2. Energy technologies and sustainable development; 3. Energy, international environmental law and sustainable development; 4. Evaluating Australian government initiatives relating to energy, climate change and the environment; 5. Sustainable energy in the Australian electricity and gas sectors; 6. State government initiatives relating to energy and the environment; 7. A sustainable energy law future for Australia. 2 apps.
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.
Development in the Slovakia. General environmental science
International Nuclear Information System (INIS)
1998-01-01
In this chapter the basic of the environmental science and preservation of the natural memories; The protection of the nature and landscape; The protection of the forest; The protection of the trees growing outside of the forests, parks and gardens; The protection of free growing of species of plants; The protection of free living species of animals; The protection of animals and game law; The protection of fishes and fishery; The water protection, their balance and water farm; The health protection of the man (Radiation protection and nuclear safety is included); The veterinary ministration and protection of animals; The air protection and protection of the ozone layer; Wastes and waste management; The protection and agricultural use of soil; The protection and use of minerals; The protection of cultural heritage in the landscape; The territorial planning, building order and environmental rationalizing; The assessment of influences on the environment; The state fund of the environment; The state administration for the environment; The access to environmental information; The law about the environment and basic meanings of the environmentalism; The environmental terminology in the environmental law; The environmental terminology in the development and documents of environmental law are reviewed
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.
A State-by-State Analysis of Laws Dealing With Driving Under the Influence of Drugs
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...
Legal significance of environmental protection in foreign investments law
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...
Sovereignties in Conflict: Socio-environmental Mobilization and the Glaciers Law in Argentina
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...
Privacy of genetic information: a review of the laws in the 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.
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...
The association of state law to physical education time allocation in US public schools.
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.
Minors' rights to consent to treatment: navigating the complexity of State laws.
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.
Demographic profile of states with human cloning laws: morality policy meets political economy.
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.
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
INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW
Directory of Open Access Journals (Sweden)
Dhiana Puspitawati
2015-12-01
Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international
Decision-making authority and substance abuse treatment for adolescents: a survey of state laws.
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.
A Content Analysis of Protective Factors within States' Antibullying Laws
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…
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.
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
Drug Per Se Laws: A Review of their Use in 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...
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...
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)
Weaker gun state laws are associated with higher rates of suicide secondary to firearms.
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.
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).
Energy Technology Data Exchange (ETDEWEB)
Ammer, Margit; Nowak, Manfred [Ludwig Boltzmann Institut fuer Menschenrechte, Wien (Austria); Stadlmayr, Lisa; Hafner, Gerhard [Wien Univ. (Austria). Abt. Voelkerrecht und Internationale Beziehungen
2010-11-15
After the development of a working definition of ''environmental refugees'', the study examines existing State obligations in international law (obligations of the State of origin and of third States under human rights law and general public international law), which are relevant for the prevention of ''environmental flight'' as well as for coping with situations of ''environmental flight'' and identifies shortcomings. In a second step and based on this inventory and gap analysis, a catalogue of ''ideal'' State obligations and individual rights aiming at the best possible protection for (potential) ''environmental refugees'' is created. After comparing the advantages and disadvantages of different solution models, a specific, ''ideal'' solution is presented. (orig.)
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
Organizational and legal mechanism of the environmental protection
Directory of Open Access Journals (Sweden)
А. П. Гетьман
2014-12-01
Full Text Available Organizational and legal mechanisms of environmental protection are defined by the author of the article as a mechanism of organization and system of activities of state executive power bodies and local self-government bodies in the field of environmental public relations arising in connection with environmental protection and environmental safety provision. The rules of administrative law are its legal basis, alongside with the norms of environmental law. The former designed to reflect the specifics of the subject, objects, subjects and principles of legal regulation of social relations in this area. The latter define common goals, objectives and functions of state public relations management nature.
Postindustrialization and Environmental Quality: An Empirical Analysis of the Environmental State
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…
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.
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
Blinking in quantum dots: The origin of the grey state and power law statistics
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.
Environmental regulations handbook for enhanced oil recovery. Final report
Energy Technology Data Exchange (ETDEWEB)
Wilson, T.D.
1980-08-01
A guide to environmental laws and regulations which have special significance for enhanced oil recovery (EOR) is presented. The Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, Resource Conservation and Recovery Act, federal regulations, and state regulations are discussed. This handbook has been designed as a planning tool and a convenient reference source. The 16 states included comprise the major oil-producing states in various regions of the state. The major topics covered are: general guidelines for complying with environmental laws and regulations; air pollution control; water pollution control; protecting drinking water: underground injection control; hazardous waste management; and federal laws affecting siting or operation of EOR facilities. (DMC)
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.
National environmental protection in the Internal Market
International Nuclear Information System (INIS)
Middeke, A.
1994-01-01
In consideration of the awful ecological situation, the further development of environmental protection is the task of the Community institutions and the individual member states. The environmentalists advance this improvement by increasingly setting further protectionist measures within their power, such as those already existing in other member states or those community established. The legally motivated environment protection measures of individual member states could create a non-tariff trade barrier between member states; business and industry situated there must adapted to the environmental conditions of the particular member state, if they wish to launch their product in that state. These safeguard clauses, concerning environmental law are of different nature, are thoroughly analysed and systematized by the author. The thesis gives priority to Article 100A, paragraph 4 and 5, and to Article 130T or 130R, paragraph 2, subparagraph 2, which has recently been introduced by the Treaty of Maastricht for the European Union. These articles are represented concerning their substantive and adjective requirements and are critically reviewed. Problems that have arisen in the course of the review are dealt with dogmatically and are discussed at length. The problems of national discrimination and the consideration of fundamental rights in the Community law are treated as well as the mixture of competences in the environmental law of the Community or the options on legal protection against national environmental acts, which can be made use of by Community institutions and by member states. (orig./HP) [de
24 CFR 3500.13 - Relation to State laws.
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...
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…
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.
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.
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.
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.
Falling short: how state laws can address health information exchange barriers and enablers.
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.
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
Non-state actors in control of territory as 'actors of protection' in international refugee law
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
Comparing Interval Management Control Laws for Steady-State Errors and String Stability
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.
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
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
Energy Technology Data Exchange (ETDEWEB)
Cornejo Canamares, M
2009-05-21
The 25th of October of 2007 took effect law 26/2007 of Environmental liability. Through this law it is implemented the Directive 2004/35/CE of the European Parliament and the Council on environmental liability with regard to the prevention and remedying of environmental damage. The objective of this law is to regulate the liability of the operators to prevent, to avoid and to repair the environmental damages. The environmental liability that raises this law is administrative, limitless and objective in certain activities (whenever the operator is at fault or negligent). This law shall apply to environmental damage and also to imminent threat of such damage. This situation forces to take the necessary preventive, remedial and recover measures regulated by the law, according to the principle polluter-pays. This law applies to damages or threat of damages that take place in certain natural resources: water, land, shore, species and habitats. One of the most excellent new features is the requirement to contract a compulsory financial guarantee by operators who carry out professional activities listed in annex III of the law, in order to provide effective cover for financial obligations under the law. At this moment an application regulation is coming up to complete this framework for the prevention and remedying of environmental damage that was established by the law 26/2007. (Author) 27 refs.
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.
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.
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
Nuclear laws and radiologic accidents; Direito nuclear e os acidentes radiologicos
Energy Technology Data Exchange (ETDEWEB)
Frois, Fernanda [Pontificia Univ. Catolica de Sao Paulo, SP (Brazil)
1997-12-31
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 7 refs.; e-mail: froes at sti.com.br
State laws and the provision of family planning and abortion services in 1985.
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.
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.
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
International Nuclear Information System (INIS)
Anon.
2011-01-01
This chapter gathers three case laws, one concerning France and the two others concerning the United States. France - Decision of the Administrative Court in Strasbourg on the permanent shutdown of the Fessenheim nuclear power plant: On 9 March 2011, the administrative court in Strasbourg confirmed the government's rejection to immediately close the Fessenheim nuclear power plant, the first unit of which started operation on 1 January 1978. The court rejected the motion of the 'Association trinationale de protection nucleaire' (ATPN) filed against the decision of the Minister of Economy, Industry and Employment to refuse the final shutdown of the plant. The group, which brings together associations as well as French, German and Swiss municipalities, had taken legal action in December 2008. United States - Case law 1 - Judgment of a US Court of Appeals on public access to sensitive security information and consideration of the environmental impacts of terrorist attacks on nuclear facilities: This case concerns 1) the public's right to access classified and sensitive security information relied upon by the US Nuclear Regulatory Commission (NRC) in its environmental review; and 2) the sufficiency of the NRC's environmental review of the impacts of terrorist attacks for a proposed Independent Spent Fuel Storage Installation (ISFSI). In 2003, the NRC ruled that the National Environmental Policy Act (NEPA) did not require the NRC to consider the impacts of terrorist attacks in its environmental review for the proposed ISFSI at the Diablo Canyon Power Plant. ' NEPA mandates that all federal agencies must prepare a detailed statement on the environment impacts before undertaking a major federal action that significantly affects the human environment. In 2004, the San Luis Obispo Mothers for Peace, a group of individuals who live near the Diablo Canyon Power Plant, filed a petition in the US Court of Appeals for the Ninth Circuit challenging the NRC's 2003 decision. The
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)
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
Measuring up to the Model: A Ranking of State Public Charter School Laws. Ninth Annual Edition
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…
26 CFR 44.4422-1 - Doing business in violation of Federal or State law.
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...
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…
Show us the money: lessons in transparency from state pharmaceutical marketing disclosure laws.
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.
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
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
2010-07-01
... OF JUSTICE (CONTINUED) GRANTS FOR CORRECTIONAL FACILITIES Environmental Impact Review Procedures for VOI/TIS Grant Program Other State and Federal Law Requirements § 91.68 Compliance with other Federal environmental statutes, regulations and executive orders. (a) Other Federal environmental laws. All projects...
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...
Energy Technology Data Exchange (ETDEWEB)
Ammer, Margit; Nowak, Manfred [Ludwig Boltzmann Institut fuer Menschenrechte, Wien (Austria); Stadlmayr, Lisa; Hafner, Gerhard [Wien Univ. (Austria). Abt. Voelkerrecht und Internationale Beziehungen
2010-11-15
After the development of a working definition of ''environmental refugees'', the study examines existing State obligations in international law (obligations of the State of origin and of third States under human rights law and general public international law), which are relevant for the prevention of ''environmental flight'' as well as for coping with situations of ''environmental flight'' and identifies shortcomings. In a second step and based on this inventory and gap analysis, a catalogue of ''ideal'' State obligations and individual rights aiming at the best possible protection for (potential) ''environmental refugees'' is created. After comparing the advantages and disadvantages of different solution models, a specific, ''ideal'' solution is presented. (orig.)
Separating Batterers and Guns: A Review and Analysis of Gun Removal Laws in 50 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…
International Nuclear Information System (INIS)
Steczko, K.; Rachwalski, J.; Fronski, A.
1997-01-01
Political and economical changes in Poland are accompanied by substantial transition of ecological policy of the state. A first sign of that policy is new law defining responsibilities of companies in minimising the environmental impacts of new investments and duties concerning waste management and disposal as well as pollutant emission reduction. These more stringent environmental rules influence force the Polish gas industry to fulfill new ecological requirements and, because of high ecological value of gas, they give it promising prospects of development. Since environmental condition improvement in Poland can not be achieved without the change in primary energy consumption structure the Gas Development Programme has been established. It assumes more than double increase in gas consumption up to 2010. Gas industry duties connected with environmental requirements have been presented and activities taken in order to meet ecological law rules have been specified for all stages of gas fuel chain from exploration to gas usage. Some measures taken to prevent environment damages have been discussed like ecological evaluation of drilling materials and wastes, elaborated strategy for water protection and Environmental Impact Assessment procedure. The problem of methane emissions from Polish gas system has also been discussed. (au)
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
The Education of Law Librarians in the United States from the Library School Perspective
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…
Energy Technology Data Exchange (ETDEWEB)
None
1980-08-01
This report is a legal study prepared to provide a review of the substantive and procedural laws of each regulatory jurisdiction that may affect implementation of the PURPA standards, and to summarize the current state of consideration and implementation of policies and rate designs similar or identical to the PURPA standards by state regulatory agencies and nonregulated utilities. This report is divided into three sections. The first section, the Introduction, summarizes the standards promulgated by PURPA and the results of the legal study. The second section, State Regulatory Law and Procedure, summarizes for each state or other ratemaking jurisdiction: (1) general constitutional and statutory provisions affecting utility rates and conditions of service; (2) specific laws or decisions affecting policy or rate design issues covered by PURPA standards; and (3) statutes and decisions governing administrative procedures, including judicial review. A chart showing actions taken on the policy and rate design issues addressed by PURPA is also included for each jurisdiction, and citations to relevant authorities are presented for each standard. State statutes or decisions that specifically define a state standard similar or identical to a PURPA standard, or that refer to one of the three PURPA objectives, are noted. The third section, Nonregulated Electric Utilities, summarizes information available on nonregulated utilities, i.e., publicly or cooperatively owned utilities which are specifically exempted from state regulation by state law.
Gemachtes Recht - gegebenes Recht / Made Law - Given Law
Directory of Open Access Journals (Sweden)
Lorenz Engi
2007-08-01
Full Text Available Das Recht der Moderne ist auf den Begründungsmodus der Positivität umgestellt, und es ist Instrument einer Politik mit weitreichendem Steuerungsanspruch. In Kombination mit einer Steigerung der Umweltkomplexität ergibt sich daraus für das Recht eine starke Belastung. Es wird quantitativ ausgedehnt, an normativer Kraft aber eher ärmer. Als neuer Faktor tritt die Globalisierung der Weltverhältnisse in diese Situation ein. Da das Recht sich globalisieren kann, die Politik aber nur begrenzt (kein Weltstaat, ergeben sich daraus Möglichkeiten der partiellen Wiederabkoppelung des Rechts von der Politik. Das Recht könnte der Politik von politikunabhängigen Legitimationsgrundlagen her verstärkt wieder eigenständig gegenübertreten. Modern law has shifted towards a positivistic mode of reasoning,and is the instrument of a form of politics that claims wide‐ranging rights of control. In combination with an increase of environmental complexity, law is impacted strongly. It is quantitatively extended, thereby losing its normative power. A globalization of world conditions enters the situation as a new factor. As law has the ability to globalize itself, whereas politics can only do so in a limited way (not a world state, possibilities for a partial re‐disengagement of law from politics result from this. Law is now able to face politics more strongly from a basis of legitimization that is independent from politics.
Obsolete Laws: Economic and Moral Aspects, Case Study-Composting Standards.
Vochozka, Marek; Maroušková, Anna; Šuleř, Petr
2017-12-01
From the early days of philosophy, ethics and justice, there is wide consensus that the constancy of the laws establishes the legal system. On the other hand, the rate at which we accumulate knowledge is gaining speed like never before. Due to the recently increased attention of academics to climate change and other environmental issues, a lot of new knowledge has been obtained about carbon management, its role in nature and mechanisms regarding the formation and degradation of organic matter. A multidisciplinary techno-economic assessment of current composting standards and laws that took into account the current state of knowledge about carbon management was carried out as a case study. Economic and environmental damage caused by outdated laws was revealed. In addition, it was found that the introduction of the best composts into the market is permitted, causing additional negative environmental as well as economic impacts.
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
California's privacy pileup. New state laws meet even newer federal regulations.
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.
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.
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,…
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.
Nuclear law and radiological accidents
International Nuclear Information System (INIS)
Frois, F.
1998-01-01
Nuclear activities in Brazil, and particularly the radiological accident of Goiania, are examined in the light of the environmental and nuclear laws of Brazil and the issue of responsibility. The absence of legislation covering radioactive wastes as well as the restrictions on Brazilian States to issue regulations covering nuclear activities are reviewed. The radiological accident and its consequences, including the protection and compensation of the victims, the responsibility of the shareholders of the Instituto Goiano de Radioterapia, operator of the radioactive source, the provisional storage and the final disposal at Abadia de Goias of the radioactive waste generated by the accident are reviewed. Finally, nuclear responsibility, the inapplicability of the Law 6453/77 which deals with nuclear damages, and the state liability regime are analysed in accordance with the principles of the Brazilian Federal Constitution. (author)
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.
A Physics-Based Rock Friction Constitutive Law: Steady State Friction
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.
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
Efficacy of a physician's words of empathy: an overview of state apology laws.
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.
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.
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...
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...
Review and Analysis of Laws Related to Strangulation in 50 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…
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
King, Brian A.; Babb, Stephen D.
2016-01-01
Introduction Increasing tobacco excise taxes and implementing comprehensive smoke-free laws are two of the most effective population-level strategies to reduce tobacco use, prevent tobacco use initiation, and protect nonsmokers from secondhand smoke. We examined state laws related to smoke-free buildings and to cigarette excise taxes from 2000 through 2014 to see how implementation of these laws from 2000 through 2009 differs from implementation in more recent years (2010–2014). Methods We used legislative data from LexisNexis, an online legal research database, to examine changes in statewide smoke-free laws and cigarette excise taxes in effect from January 1, 2000, through December 31, 2014. A comprehensive smoke-free law was defined as a statewide law prohibiting smoking in all indoor areas of private work sites, restaurants, and bars. Results From 2000 through 2009, 21 states and the District of Columbia implemented comprehensive smoke-free laws prohibiting smoking in work sites, restaurants, and bars. In 2010, 4 states implemented comprehensive smoke-free laws. The last state to implement a comprehensive smoke-free law was North Dakota in 2012, bringing the total number to 26 states and the District of Columbia. From 2000 through 2009, 46 states and the District of Columbia implemented laws increasing their cigarette excise tax, which increased the national average state excise tax rate by $0.92. However, from 2010 through 2014, only 14 states and the District of Columbia increased their excise tax, which increased the national average state excise tax rate by $0.20. Conclusion The recent stall in progress in enacting and implementing statewide comprehensive smoke-free laws and increasing cigarette excise taxes may undermine tobacco prevention and control efforts in the United States, undercutting efforts to reduce tobacco use, exposure to secondhand smoke, health disparities, and tobacco-related illness and death. PMID:27309417
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.
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
Nicholson, Lisa; Turner, Lindsey; Schneider, Linda; Chriqui, Jamie; Chaloupka, Frank
2014-05-01
State laws and farm-to-school programs (FTSPs) have the potential to increase fruit and vegetable (FV) availability in school meals. This study examined whether FV were more available in public elementary school lunches in states with a law requiring/encouraging FTSPs or with a locally grown-related law, and whether the relationship between state laws and FV availability could be explained by schools opting for FTSPs. A pooled, cross-sectional analysis linked a nationally representative sample of public elementary schools with state laws. A series of multivariate logistic regressions, controlling for school-level demographics were performed according to mediation analysis procedures for dichotomous outcomes. Roughly 50% of schools reported FV availability in school lunches on most days of the week. Schools with the highest FV availability (70.6%) were in states with laws and schools with FTSPs. State laws requiring/encouraging FTSPs were significantly associated with increased FV availability in schools and a significant percentage (13%) of this relationship was mediated by schools having FTSPs. Because state farm-to-school laws are associated with significantly higher FV availability in schools-through FTSPs, as well as independently-enacting more state legislation may facilitate increased FTSP participation by schools and increased FV availability in school meals. © 2014, American School Health Association.
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)
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.)
Environmental Issues in a Federation: The Case of Malaysia
Directory of Open Access Journals (Sweden)
Muhammad Yusuf Saleem
2005-12-01
Full Text Available Abstract: From a constitutional perspective, the responsibilities over environmental issues cannot be precisely divided between federal and state governments. Environmental problems could only be dealt with successfully, as the Malaysian case exemplify, through a concurrent jurisdiction. The responsibility for the implementation of environmental laws is left to the states which because of their nearness to the source of environmental problems are in a better position to monitor violations. However, interstate environmental problems must be addressed jointly by federal and state governments.
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.
U.S. Warms to Law of the Sea Treaty
Showstack, Randy
The United States is moving closer to ratifying the United Nations Convention on the Law of the Sea, with the Bush Administration bestowing its blessings, and a broad spectrum of interest groups expressing support during recent U.S. Senate hearings. They said that the convention, with some minor clarification, supports U.S. defense, homeland security, resource, scientific, and environmental goals. John Turner, assistant secretary of the Bureau of Oceans and International Environmental and Scientific Affairs at the State Department, said that becoming a party to the convention ``represents the highest priority of United States international oceans policy.'' He spoke at a 21 October hearing of the Senate Committee on Foreign Relations.
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.
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.
Managing crime through migration law in Australia and the United States: a comparative analysis.
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.
Directory of Open Access Journals (Sweden)
Besnik Murati
2015-07-01
Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.
State all-driver distracted driving laws and high school students' texting while driving behavior.
Qiao, Nan; Bell, Teresa Maria
2016-01-01
Texting while driving is highly prevalent among adolescents and young adults in the United States. Texting while driving can significantly increase the risk of road crashes and is associated with other risky driving behaviors. Most states have enacted distracted driving laws to prohibit texting while driving. This study examines effects of different all-driver distracted driving laws on texting while driving among high school students. High school student data were extracted from the 2013 National Youth Risk Behavior Survey. Distracted driving law information was collected from the National Conference of State Legislatures. The final sample included 6,168 high school students above the restricted driving age in their states and with access to a vehicle. Logistic regression was applied to estimate odds ratios of laws on texting while driving. All-driver text messaging bans with primary enforcement were associated with a significant reduction in odds of texting while driving among high school students (odds ratio = 0.703; 95% confidence interval, 0.513-0.964), whereas all-driver phone use bans with primary enforcement did not have a significant association with texting while driving (odds ratio = 0.846; 95% confidence interval, 0.501-1.429). The findings indicate that all-driver distracted driving laws that specifically target texting while driving as opposed to all types of phone use are effective in reducing the behavior among high school students.
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
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.
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.
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....
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).
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...
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
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
Waste Isolation Pilot Plant Biennial Environmental Compliance Report
Energy Technology Data Exchange (ETDEWEB)
Washington Regulatory and Environmental Services (WRES)
2004-10-25
This Biennial Environmental Compliance Report (BECR) documents environmental regulatory compliance at the Waste Isolation Pilot Plant (WIPP), a facility designed and authorized for the safe disposal of transuranic (TRU) radioactive waste, for the reporting period of April 1, 2002, to March 31, 2004. As required by the WIPP Land Withdrawal Act (LWA) (Public Law [Pub. L.] 102-579, as amended by Pub. L. 104-201), the BECR documents U.S. Department of Energy (DOE) compliance with applicable environmental protection laws and regulations implemented by agencies of the federal government and the state of New Mexico.
Waste Isolation Pilot Plant Biennial Environmental Compliance Report
International Nuclear Information System (INIS)
2004-01-01
This Biennial Environmental Compliance Report (BECR) documents environmental regulatory compliance at the Waste Isolation Pilot Plant (WIPP), a facility designed and authorized for the safe disposal of transuranic (TRU) radioactive waste, for the reporting period of April 1, 2002, to March 31, 2004. As required by the WIPP Land Withdrawal Act (LWA) (Public Law [Pub. L.] 102-579, as amended by Pub. L. 104-201), the BECR documents U.S. Department of Energy (DOE) compliance with applicable environmental protection laws and regulations implemented by agencies of the federal government and the state of New Mexico.
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
Public opinion about laws to prohibit weight discrimination in the 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.
Directory of Open Access Journals (Sweden)
Luciana Ramos Jordão
2016-10-01
Full Text Available This paper discusses environmental preservation as a principle of Agrarian Law and hermeneutics. It aims to comprehend connection between both concepts from refounding Agroecology and Sustainability as a major precept in order to obtain agrarian development and environmental preservation. By using the deductive method, it analyses the fact that environment (and studying Law cannot be seen in separate ways, otherwise, it would risk having high complexity environmental and agrarian damage. Therefore, consciousness of how dependent human is from environment as an issue of fundamentality and materiality of mere formal rights nowadays.
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.
Energy Technology Data Exchange (ETDEWEB)
Hempling, S.; Elefant, C.; Cory, K.; Porter, K.
2010-01-01
State legislatures and state utility commissions trying to attract renewable energy projects are considering feed-in tariffs, which obligate retail utilities to purchase electricity from renewable producers under standard arrangements specifying prices, terms, and conditions. The use of feed-in tariffs simplifies the purchase process, provides revenue certainty to generators, and reduces the cost of financing generating projects. However, some argue that federal law--including the Public Utility Regulatory Policies Act of 1978 (PURPA) and the Federal Power Act of 1935 (FPA)--constrain state-level feed-in tariffs. This report seeks to reduce the legal uncertainties for states contemplating feed-in tariffs by explaining the constraints imposed by federal statutes. It describes the federal constraints, identifies transaction categories that are free of those constraints, and offers ways for state and federal policymakers to interpret or modify existing law to remove or reduce these constraints. This report proposes ways to revise these federal statutes. It creates a broad working definition of a state-level feed-in tariff. Given this definition, this report concludes there are paths to non-preempted, state-level feed-in tariffs under current federal law.
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...
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)
Directory of Open Access Journals (Sweden)
Concetta Castiglione
2014-10-01
Full Text Available The paper gives new insights into the environmental taxation policy, demonstrating the existence of an inverse U-shaped relationship between environmental taxation and income in European countries. Our findings reveal this relationship to be influenced by enforcement of the rule of law, which contributes to shifting the turning point on the curve to lower income levels. We show that former transition economies have not reached the turning point due to weak institutions. To achieve the goal of sustainable development, the European Environment Agency’s Environmental Taxation Reform, proposing to shift taxation from “goods” to “bads”, should be accompanied by effective enforcement or the rule of law. The heterogeneity found between market-based and former transition European countries demonstrates the existence of problems at the EU-level in the coordination of environmental policies and enforcing the rule of law. In addition, the analysis of the determinants of environmental taxation points to the importance of factors related to consumption and production, governance, environmental quality, oil price shocks and the shift of environmental policy in European countries.
Energy Technology Data Exchange (ETDEWEB)
1982-01-01
Tests for environmental compatibility are not effective law in the Federal Republic of Germany. They should, however, as called for in this publication, be embodied in law especially as far as chemicals, long-term toxicities, road planning, recreation planning, the development of tourism and state agricultural policy are concerned. So far, safety provisions, guide-values and licensing procedures are inadequate instruments of environmental policy.
Floquet states of a kicked particle in a singular potential: Exponential and power-law profiles
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.
McGinty, Emma E; Stuart, Elizabeth A; Caleb Alexander, G; Barry, Colleen L; Bicket, Mark C; Rutkow, Lainie
2018-02-26
The U.S. opioid epidemic has been driven by the high volume of opioids prescribed by healthcare providers. U.S. states have recently enacted four types of laws designed to curb high-risk prescribing practices, such as high-dose and long-term opioid prescribing, associated with opioid-related mortality: (1) mandatory Prescription Drug Monitoring Program (PDMP) enrollment laws, which require prescribers to enroll in their state's PDMP, an electronic database of patients' controlled substance prescriptions, (2) mandatory PDMP query laws, which require prescribers to query the PDMP prior to prescribing an opioid, (3) opioid prescribing cap laws, which limit the dose and/or duration of opioid prescriptions, and (4) pill mill laws, which strictly regulate pain clinics to prevent nonmedical opioid prescribing. Some pain experts have expressed concern that these laws could negatively affect pain management among patients with chronic non-cancer pain. This paper describes the protocol for a mixed-methods study analyzing the independent effects of these four types of laws on opioid prescribing patterns and chronic non-cancer pain treatment, accounting for variation in implementation and enforcement of laws across states. Many states have enacted multiple opioid prescribing laws at or around the same time. To overcome this issue, our study focuses on 18 treatment states that each enacted a single law of interest, and no other potentially confounding laws, over a 4-year period (2 years pre-/post-law). Qualitative interviews with key leaders in each of the 18 treatment states will characterize the timing, scope, and strength of each state law's implementation and enforcement. This information will inform the design and interpretation of synthetic control models analyzing the effects of each of the two types of laws on two sets of outcomes: measures of (1) high-risk opioid prescribing and (2) non-opioid treatments for chronic non-cancer pain. Study of mandatory PDMP enrollment
Energy Technology Data Exchange (ETDEWEB)
Rohr, B.M. von
1995-12-31
The authoress presents an analysis of the entire range of governmental instruments and measures and their systematic interlacement, as available under the German or the U.S. American law for protection of the environment. This analysis is the basis for the subsequent study aiming at clarifying the legitimacy and the required design of laws and regulations defining crimes and sanctions or penalties in the system of environmental law. The authoress derives a characterisation of legislative intent and mode of application of environmental criminal law which differs from that of the ``classic`` criminal law. Pursuing from this characterisation of legal instruments and methods, and from the framework of governmental action and related alternatives available under U.S. legislation, the authoress explains a number of appoaches recommended for reform and amendment of the current German system of environmental criminal law, which hitherto has shown low efficiency. (orig.) [Deutsch] Die Autorin nimmt eine Analyse der Gesamtheit staatlicher Massnahmen und ihrer systematischen Beziehungen im deutschen und US-amerikanischen Umweltrecht vor. Diese Analyse bildet die Grundlage der zentralen Frage der Untersuchung nach der Legitimitaet und notwendigen Struktur umweltstrafrechtlicher Normen. Dabei kommt die Autorin zu einer vom klassischen Kernstrafrecht abweichenden Funktionsbestimmung des Umweltstrafrechts. Ausgehend von dieser Positionsbestimmung des Strafrechts und den in den USA vorgefundenen Handlungsalternativen entwickelt die Autorin eine Reihe von Reformvorschlaegen als Antwort auf die derzeitige Ineffizienz der des deutschen Umweltstrafrechts. (orig.)
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...
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.)
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
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.
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.
Energy Technology Data Exchange (ETDEWEB)
Martin, J.
1989-01-01
National environmental Acts include a great number of areas and this applies even more if there is an international component. It is not only the German international criminal law but also questions of general criminal law dogmatic and the relationship between environmental criminal law and administrative law that must be taken into account. In order to prevent inadmissible interferences with another country's sovereign rights it is necessary to harmonize the international environmental law and the international environmental criminal law. Aspects of the international civil law and the administrative law have to be considered as well. The book concludes that even abstract offences that carry the potential of endangerment also qualify as statutorily proscribed harm. The German environmental criminal law is therefore applicable even if the offence cause only a domestic danger. An action which is permissible under another country's administrative law is not punishable under some few regulations. In all other cases it is punishable unless the foreign country's Sovereign Act is recognised. This applies if the Federal Republic of Germany has to tolerate harm under international environmental law. Claims under international law to refrain from transformer pollution can often be much more extensive than commonly assumed. (orig.).
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...
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
Nagelhout, Gera E; Wolfson, Tanya; Zhuang, Yue-Lin; Gamst, Anthony; Willemsen, Marc C; Zhu, Shu-Hong
2015-03-01
Several states implemented comprehensive smoke-free laws in workplaces (14 states), restaurants (17 states), and bars (13 states) between 2002 and 2007. We tested the hypothesis that public support for smoke-free laws increases at a higher rate in states that implemented smoke-free laws between 2002 and 2007 (group A) than in states that implemented smoke-free laws after that time or not at all (group B). The period before the implementation (1992-2001) was also considered. Data was used from the Current Population Survey (CPS) Tobacco Use Supplements (TUS), which is representative for the U.S. adult population. Respondents were asked whether they thought smoking should not be allowed in indoor work areas, restaurants, and bars and cocktail lounges. Differences in trends were analyzed with binomial mixed effects models. Population support for smoke-free restaurants and bars was higher among group A than among group B before 2002. After 2002, support for smoke-free restaurants and bars increased at a higher rate among group A than among group B. Population support for smoke-free workplaces did not differ between group A and B, and the increase in support for smoke-free workplaces also did not differ between these groups. The positive association between the implementation of smoke-free restaurant and bar laws and the rate of increase in support for these laws partly supported the hypothesis. The implementation of the laws may have caused support to increase, but also states that have higher support may have been more likely to implement smoke-free laws. © The Author 2014. Published by Oxford University Press on behalf of the Society for Research on Nicotine and Tobacco. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.
Directory of Open Access Journals (Sweden)
Américo Bedê Freire Júnior
2017-05-01
Full Text Available The Criminal Law - and the Procedural Law that takes care of its effectiveness - works, at the same time, as a mechanism available to the State to realize its punitive power and as a limit to the exercise of this same power. This second meaning represents what has been called the humanization of criminal law, marked by the understanding of several rights and guarantees intended to protect the subject of criminal prosecution. The institute of state`s evidence, as an unorthodox method, used especially in the fight against organized crime, raised expressive mistrust in the doctrine about its compatibility with the current system of rights and guarantees designed in the Federal Constitution, so that references to the institute as police practice, exceptional, responsible for the involution of Criminal Law, are very common. However, especially since the advent of the new legislation to combat organized crime, the state`s evidence has gained new theoretical and practical inspiration in Brazil, with wide acceptance of jurisprudence, recommending that it be appreciated with accuracy not only its theoretical aspects, but also the criticisms relevance.
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.
Blum, J D
1999-01-01
This section of the Annals of Health Law represents a compilation of materials concerning the state regulation of managed care. The following materials were first presented at the annual meeting of the American Association of Law Schools ("AALS"), Section on Law, Medicine and Health Care in January 1999. Chairman John Blum introduces the subject and questions the dual role assumed by state and federal authorities in regulating managed care.
Drone Warfare: Is the United States Violating the Law of Armed Conflict
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
State Indoor Tanning Laws and Prevalence of Indoor Tanning Among US High School Students, 2009-2015.
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.
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
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
Kaufman, Elinore J; Morrison, Christopher N; Branas, Charles C; Wiebe, Douglas J
2018-03-05
Firearm laws in one state may be associated with increased firearm death rates from homicide and suicide in neighboring states are uncertain. To determine whether counties located closer to states with lenient firearm policies have higher firearm death rates. This cross-sectional study of firearm death rates by county for January 2010 to December 2014 examined data from the US Centers for Disease Control and Prevention for firearm suicide and homicide decedents for 3108 counties in the 48 contiguous states of the United States. Each county was assigned 2 scores, a state policy score (range, 0-12) based on the strength of its state firearm laws, and an interstate policy score (range, -1.33 to 8.31) based on the sum of population-weighted and distance-decayed policy scores for all other states. Counties were divided into those with low, medium, and high home state and interstate policy scores. County-level rates of firearm, nonfirearm, and total homicide and suicide. With multilevel Bayesian spatial Poisson models, we generated incidence rate ratios (IRR) comparing incidence rates between each group of counties and the reference group, counties with high home state and high interstate policy scores. Stronger firearm laws in a state were associated with lower firearm suicide rates and lower overall suicide rates regardless of the strength of the other states' laws. Counties with low state scores had the highest rates of firearm suicide. Rates were similar across levels of interstate policy score (low: IRR, 1.34; 95% credible interval [CI], 1.11-1.65; medium: IRR, 1.36, (95% CI, 1.15-1.65; and high: IRR, 1.43; 95% CI, 1.20-1.73). Counties with low state and low or medium interstate policy scores had the highest rates of firearm homicide. Counties with low home state and interstate scores had higher firearm homicide rates (IRR, 1.38; 95% CI, 1.02-1.88) and overall homicide rates (IRR, 1.32; 95% CI, 1.03-1.67). Counties in states with low firearm policy scores had lower
27 CFR 478.24 - Compilation of State laws and published ordinances.
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...
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...
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
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.
Environmental protection implementation plan
International Nuclear Information System (INIS)
Holland, R.C.
1998-03-01
This Environmental Protection Implementation Plan is intended to ensure that the environmental program objectives of Department of Energy Order 5400.1 are achieved at SNL/California. This document states SNL/California's commitment to conduct its operations in an environmentally safe and responsible manner. The Environmental Protection Implementation Plan helps management and staff comply with applicable environmental responsibilities. SNL is committed to operating in full compliance with the letter and spirit of applicable environmental laws, regulations, and standards. Furthermore, SNL/California strives to go beyond compliance with legal requirements by making every effort practical to reduce impacts to the environment to levels as low as reasonably achievable
Occupational safety and health law handbook
Energy Technology Data Exchange (ETDEWEB)
Sarvadi, D.G. [ed.; Keller; Heckman
1999-09-01
This book reviews the regulations and standards governing the protection of employees in the workplace and provides insight into dealing with pertinent regulations and regulatory authorities. Written for safety professionals, industrial hygienists, human resource professionals, attorneys, and students, this companion to Government Institutes' best-selling ``Environmental Law Handbook'' offers the legal fundamentals behind occupational safety and health laws in one concise and authoritative volume. In 19 chapters, the authoring law firm of Keller and Heckman cover the OSHAct and its development; OSHA, NIOSH, and OSHRC; the roles played by other regulatory agencies; the OSHA rulemaking process; OSHA Standards and the General Duty Clause; record keeping and reporting; employers' and employees' rights; inspections; violations, penalties, and how to contest them; criminal prosecutions; state plans; industry-specific issues; OSHA reform; and international regulations and standards. This book references approximately 400 seminal OSHA legal decisions from the approximately 1,300 cases on record and includes coverage of Canadian and European Community regulations, making it the first comprehensive global overview of occupational safety and health law.
Energy Technology Data Exchange (ETDEWEB)
Rid, U.; Hammann, W.
1990-08-01
The example of dioxin-contaminated soils highlights a typical problem of environmental law. Due to the numerous unresolved questions in the research on deleterious effects, substantiated statements of the probability of the occurrence of damages are almost impossible. In so far as protective laws restrict or prohibit the use of dioxin-contaminated soils in the interest of public welfare, clean-up measures can also be ordered on the basis of the blanket clause of police law for breach of public safety. Only the extension of hazard diversion by provisory care - and not an overstretched concept of hazard - can point a way out of the dilemma of knowledge deficits in the definition of the contamination threshold for a presumable hazard to health. As there is no uniform and clearly delineated concept of provisory care in environmental law, the autonomous content of this concept must be concretized in the specific laws and regulations of environmental law. (orig.).
Can Law Foster Social-Ecological Resilience?
Law plays an essential role in shaping natural resource and environmental policy. Unfortunately, many of the environmental laws now in place were developed around the prevailing scientific understanding in the 1960s and 1970s the natural world existed within an envelope of predic...
Environment, energy and resources : case law update BC
Energy Technology Data Exchange (ETDEWEB)
Crossman, T. [Miller Thomson LLP, Vancouver, BC (Canada)
2005-07-01
An overview of environmental case law was presented. Issues concerning contaminated sites were discussed with reference to Imperial Oil Ltd. v Quebec. Liability of contaminating companies was discussed in British Columbia Hydro v. British Columbia Environmental Appeal Board. Compensation for environmental damage was reviewed with reference to British Columbia v. Canadian Forest Products Ltd., in which the Crown framed its claim in terms of a commercial loss and not in terms of other damages, such as negligence, nuisance or trespass. Issues concerning resource development and first nations interests were discussed, along with interlocutory injunctions. The issue of whether or not First Nation participation in environmental assessment may satisfy the duty to consult and accommodate was discussed in relation to Taku River Tlingit v. British Columbia. Issues concerning the Crown's duty to consult and accommodate Aboriginal peoples when the Crown is making decisions that may adversely affect as yet unproven Aboriginal rights and title claims were also examined. The international and extraterritorial reaches of environmental law was discussed with reference to the Teck Cominco Decision, in which the United States Environmental Protection Agency ordered a remedial investigation to determine the extent and nature of contamination in the United States portion of the Columbia River due to metals disposed upstream by Canadian smelter operations. Due diligence, Fisheries Act offences and the deposit of harmful substances were discussed in Fletcher v. Kingston, which also challenged the acute toxicity test for fish. It was noted that creative sentencing now allows for the court to make additional orders beyond any punishment imposed on the guilty party in section 127 of the Environmental Assessment Act. Various creative sentencing issues were also reviewed, including R. v Terroco Industries Ltd.
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.
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
International Nuclear Information System (INIS)
Anon.
2009-01-01
Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism
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
THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW
Directory of Open Access Journals (Sweden)
ROXANA-MARIANA POPESCU
2011-04-01
Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.
The effect of gun control laws on hospital admissions for children in the 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.
International Nuclear Information System (INIS)
1990-01-01
The International Bar Association's Section on Energy and Natural Resources Law selected eight key topics for discussion at their ninth seminar in the Netherlands in 1990. Only two papers specifically related to nuclear power and these were within the topic of environmental issues facing the energy industries. Both papers dealt with the legal aspects of nuclear plants sited near national borders and covered international law and the need for standardized regulations and agreements on issues such as environmental impacts, safety, radiological protection, public information and emergency plans in case of accidents. (UK)
Energy Technology Data Exchange (ETDEWEB)
Biermann, F.
2000-12-01
This paper argues that to reconcile the objectives of free trade and environmental protection, limited reforms of international trade law are required. There is a need to guarantee, first, that universally accepted international environmental agreements that mandate trade-restrictions remain compatible with international trade law, in particular with the General Agreement on Tariffs and Trade. Second, it is necessary to ensure that the interests of small and vulnerable states are protected against environmental unilateralism of the major trading nations. This reform agenda could be realized, it is argued, through an authoritative interpretation of international trade law by the Ministerial Conference of the World Trade Organization (WTO). This interpretation should stipulate that environmentally-motivated trade restrictions which are related to processes and production methods, and which are intended to protect environmental goods outside the importing country, be compatible with WTO law, but only if mandated by international environmental agreements that have been previously accepted by the Ministerial Conference. This paper outlines the rationale for such authoritative interpretation and offers a possible legal draft. This clarification of the relationship between international environmental and international trade law would protect the sovereign right of smaller trading nations, particularly developing countries, to enact their own environmental standards as may be appropriate and feasible according to their specific situation. It would also maintain the supremacy of multilateralism in both international trade and environmental policies, as opposed to unilateral action. The principle of international co-operation and the rule of law would be strengthened, and attempts to use the international trade system for the enforcement of unilaterally decided environmental standards would be precluded. (orig.)
Nonclassical thermal-state superpositions: Analytical evolution law and decoherence behavior
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.
Migration for Environmentally Displaced Pacific Peoples: Legal Options in the Pacific Rim
Tabucanon, Gil Marvel
2012-01-01
This paper explores the complex relationship between the environment and migration, namely the various protection options available for environmentally-displaced Pacific peoples under the laws of the United States, Canada, Australia, and New Zealand. It seeks to ascertain whether flexibility exists in these countries' domestic laws for environmental migrants from neighboring Pacific countries. It asks if humanitarian and ministerial discretion admissions and preferential admission schemes suf...
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...
12 CFR 617.7630 - Does this Federal requirement affect any state property laws?
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...
22 CFR 92.92 - Service of legal process under provisions of State law.
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...
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
A state-impact-state methodology for assessing environmental impact in land use planning
Energy Technology Data Exchange (ETDEWEB)
Chen, Longgao [Institute of land resources, Jiangsu Normal University, Xuzhou 221116 (China); Yang, Xiaoyan [Institute of land resources, Jiangsu Normal University, Xuzhou 221116 (China); School of Environmental Science and Spatial Informatics, China University of Mining and Technology, Xuzhou 221116 (China); Chen, Longqian, E-mail: cumt_chenlongqian@163.com [School of Environmental Science and Spatial Informatics, China University of Mining and Technology, Xuzhou 221116 (China); Potter, Rebecca; Li, Yingkui [Department of Geography, University of Tennessee, Knoxville, TN 37996 (United States)
2014-04-01
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.
Member States must apply most favoured nation treatment under EU law
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
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.
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
Environmental data exchanging – the need for management
Directory of Open Access Journals (Sweden)
Drago Vuk
2000-01-01
Full Text Available In this paper, the author analyses the beginning of the application of measures imposed by the Slovenian Law on the Environmental Protection and the Environmental Information System. On the basis of his knowledge of the actual state, he proposes a model by means of which it would be possible to systematically assure with EDI environmental balances and environmental accounting, thus providing the basis for the implementation of an applicable environmental information system.
Estimates of the Lawful Permanent Resident Population in the United States: January 2013
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...
Estimates of the Lawful Permanent Resident Population in the United States: January 2014
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...
New environmentalism: A cooperative strategy
International Nuclear Information System (INIS)
Clay, D.R.
1993-01-01
A new cooperative spirit has invaded the world of environmental regulation, according to the author. He calls it the New Environmentalism. New Environmentalism is more flexible and more attentive to economics than the old command-and-control approach. It carries four basic principles: integration of environmental and economic goals; adoption of sound science practices; vigorous enforcement of existing laws; and fostering of concensus in the early stages of rule making. If these principles are practices by all parties EPA believes the waste problems facing the United States can be more effectively managed
International Nuclear Information System (INIS)
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
Rochester’s Lead Law: Evaluation of a Local Environmental Health Policy Innovation
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
Punishability of transfrontier environmental offences
International Nuclear Information System (INIS)
Martin, J.
1989-01-01
National environmental Acts include a great number of areas and this applies even more if there is an international component. It is not only the German international criminal law but also questions of general criminal law dogmatic and the relationship between environmental criminal law and administrative law that must be taken into account. In order to prevent inadmissible interferences with another country's sovereign rights it is necessary to harmonize the international environmental law and the international environmental criminal law. Aspects of the international civil law and the administrative law have to be considered as well. The book concludes that even abstract offences that carry the potential of endangerment also qualify as statutorily proscribed harm. The German environmental criminal law is therefore applicable even if the offence cause only a domestic danger. An action which is permissible under another country's administrative law is not punishable under some few regulations. In all other cases it is punishable unless the foreign country's Sovereign Act is recognised. This applies if the Federal Republic of Germany has to tolerate harm under international environmental law. Claims under international law to refrain from transformer pollution can often be much more extensive than commonly assumed. (orig.) [de
Doranda Maracineanu
2009-01-01
The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...
Waste Isolation Pilot Plant Biennial Environmental Compliance Report
International Nuclear Information System (INIS)
2006-01-01
This Biennial Environmental Compliance Report (BECR) documents compliance with environmental regulations at the Waste Isolation Pilot Plant (WIPP), a facility designed and authorized for the safe disposal of transuranic (TRU) radioactive waste. This BECR covers the reporting period from April 1, 2004, to March 31, 2006. As required by the WIPP Land Withdrawal Act (LWA) (Public Law [Pub. L.] 102-579, as amended by Pub. L. 104-201), the BECR documents United States (U.S.) Department of Energy (DOE) compliance with regulations and permits issued pursuant to the following: (1) Title 40 Code of Federal Regulations (CFR) Part 191, Subpart A, 'Environmental Standards for Management and Storage'; (2) Clean Air Act (CAA) (42 United States Code [U.S.C.] 7401, et seq.); (3) Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901-6992, et seq.); (4) Safe Drinking Water Act (SDWA) (42 U.S.C. 300f, et seq.); (5) Toxic Substances Control Act (TSCA) (15 U.S.C. 2601, et seq.); (6) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601, et seq.); and all other federal and state of New Mexico laws pertaining to public health and safety or the environment.
International Nuclear Information System (INIS)
2014-01-01
This section of the Bulletin brings together the texts of the following case laws: Canada: - Judgment of the Federal Court of Canada sending back to a joint review panel for reconsideration the environmental assessment of a proposed new nuclear power plant in Ontario. France : - Conseil d'etat, 24 March 2014 (Request No. 358882); - Conseil d'etat, 24 March 2014 (Request No. 362001). Slovak Republic: - Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; - Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. United States: - Initial Decision of the Atomic Safety and Licensing Board Ruling in Favour of Nuclear Innovation North America, LLC (NINA) Regarding Foreign Ownership, Control or Domination
Cerdá, Magdalena; Wall, Melanie; Keyes, Katherine M; Galea, Sandro; Hasin, Deborah
2012-01-01
Marijuana is the most frequently used illicit substance in the United States. Little is known of the role that macro-level factors, including community norms and laws related to substance use, play in determining marijuana use, abuse and dependence. We tested the relationship between state-level legalization of medical marijuana and marijuana use, abuse, and dependence. We used the second wave of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a national survey of adults aged 18+ (n=34,653). Selected analyses were replicated using the National Survey on Drug Use and Health (NSDUH), a yearly survey of ∼68,000 individuals aged 12+. We measured past-year cannabis use and DSM-IV abuse/dependence. In NESARC, residents of states with medical marijuana laws had higher odds of marijuana use (OR: 1.92; 95% CI: 1.49-2.47) and marijuana abuse/dependence (OR: 1.81; 95% CI: 1.22-2.67) than residents of states without such laws. Marijuana abuse/dependence was not more prevalent among marijuana users in these states (OR: 1.03; 95% CI: 0.67-1.60), suggesting that the higher risk for marijuana abuse/dependence in these states was accounted for by higher rates of use. In NSDUH, states that legalized medical marijuana also had higher rates of marijuana use. States that legalized medical marijuana had higher rates of marijuana use. Future research needs to examine whether the association is causal, or is due to an underlying common cause, such as community norms supportive of the legalization of medical marijuana and of marijuana use. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.
International Nuclear Information System (INIS)
Wilt, G.C.; Gallegos, G.M.; Tate, P.J.; Balke, B.K.
1994-01-01
Lawrence Livermore National Laboratory (LLNL), a US Department of Energy (DOE) facility operated by the University of California, serves as a national resource of scientific, technical, and engineering capability with a special focus on national security. Over the years, the Laboratory's mission has been broadened to encompass such areas as strategic defense, energy, the environment, biomedicine, the economy, and education. The Laboratory carries out this mission in compliance with local, state, and federal environmental regulatory requirements and takes measures to ensure that its operations do not adversely affect the environment or public health. It does so with the support of the Environmental Protection Department, which is responsible for environmental monitoring, environmental restoration, hazardous waste management, and ensuring environmental compliance. During 1993, the Environmental Protection Department conducted sampling of air, sewage effluent, ground water, surface water, soil, vegetation and foodstuffs, and took measurements of environmental radiation. It performed more than 190,000 analyses of environmental samples. The analytical results are summarized along with evaluations of the impact of radioactive and nonradioactive materials, a discussion of the effects of LLNL operations on the environment, and a summary of the activities undertaken to comply with local, state, and federal environmental laws
Energy Technology Data Exchange (ETDEWEB)
Wilt, G.C. [ed.; Gallegos, G.M.; Tate, P.J.; Balke, B.K. [and others
1994-09-01
Lawrence Livermore National Laboratory (LLNL), a US Department of Energy (DOE) facility operated by the University of California, serves as a national resource of scientific, technical, and engineering capability with a special focus on national security. Over the years, the Laboratory`s mission has been broadened to encompass such areas as strategic defense, energy, the environment, biomedicine, the economy, and education. The Laboratory carries out this mission in compliance with local, state, and federal environmental regulatory requirements and takes measures to ensure that its operations do not adversely affect the environment or public health. It does so with the support of the Environmental Protection Department, which is responsible for environmental monitoring, environmental restoration, hazardous waste management, and ensuring environmental compliance. During 1993, the Environmental Protection Department conducted sampling of air, sewage effluent, ground water, surface water, soil, vegetation and foodstuffs, and took measurements of environmental radiation. It performed more than 190,000 analyses of environmental samples. The analytical results are summarized along with evaluations of the impact of radioactive and nonradioactive materials, a discussion of the effects of LLNL operations on the environment, and a summary of the activities undertaken to comply with local, state, and federal environmental laws.
Non-State Law in Nigeria: A ”Treasure Trove” or “Pandora’s Box”?
Directory of Open Access Journals (Sweden)
Lambert H.B. Asemota
2017-04-01
Full Text Available Nigeria operates a tripartite legal system comprising customary law, Sharia law and the English common law regime. While the former two non-state legal systems predated the coming of the British to that region of Africa, English common law tradition was introduced with colonisation. Consequently, the Nigerian legal system has become submersed with legal pluralism which tends to put critical legal thinkers in two minds. This paper revisits the theories and practices of the established three-tier system within the context of the topical challenges that trickle down from attempting to reconcile the reliance by certain ethnic groups on the concept of self-determination (under the guise of freedom of religion and culture and the opposing provisions of the Nigerian constitution and international treaties and conventions.
Forbidden immisions and environmental protection
Directory of Open Access Journals (Sweden)
Popov Danica
2012-01-01
Full Text Available In the Serbian Law and in the most of jurisdictions, there are limits on exercising the right of property. A real estate owner must refrain from activities by which the use of other real estate is being imploded through the emission of excessive gasses, vapors, smoke, heat, noise, the draining of waste water, etc. Neighboring real estate owners must endure such harmful effects if they do not exceed the limit of usual endurance, taking into account the nature and purpose of such real estate, as well as local conditions. The property owner who is affected by emissions exceeding the set limit, has the right to request a stop of emissions which exceeded the allowed volume of emissions. If the imissions originate from some industrial plants, within the activity allowed by a state authority, one cannot request a cessation of such activities, but can simply seek damages. The issue of the environmental protection in the Republic of Serbia is regulated by a number of particular substantive laws, with a Law of environmental protection of 2009. as fundamental Law.
Leveraging State And Local Law Enforcement Maritime Homeland Security Practices
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
Can Law Foster Social-Ecological Resilience?
Directory of Open Access Journals (Sweden)
Ahjond S. Garmestani
2013-06-01
Full Text Available Law plays an essential role in shaping natural resource and environmental policy, but unfortunately, many environmental laws were developed around the prevailing scientific understanding that there was a "balance of nature" that could be managed and sustained. This view assumes that natural resource managers have the capacity to predict the behavior of ecological systems, know what its important functional components are, and successfully predict the outcome of management interventions. This paper takes on this problem by summarizing and synthesizing the contributions to this Special Feature (Law and Social-Ecological Resilience, Part I: Contributions from Resilience 2011, focusing on the interaction of law and social-ecological resilience, and then offering recommendations for the integration of law and social-ecological resilience.
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
Environmental law and climate change : Volumes I & II
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,
Energy Technology Data Exchange (ETDEWEB)
Wilt, G.C. [ed.; Gallegos, G.M.; Wander, S.M. [and others
1992-12-31
Lawrence Livermore National Laboratory (LLNL), a US Department of Energy facility operated by the University of California, serves as a national resource of scientific, technical, and engineering capability with a special focus on national security. During 1992, the Environmental Protection Department conducted sampling of air, sewage effluent, ground water, surface water, soil, vegetation and foodstuffs, and took measurements of environmental radiation. It performed more than 150,000 analyses of environmental samples. The analytical results are summarized in the chapters that follow, along with evaluations of the impact of radioactive and nonradioactive materials, a discussion of the effects of LLNL operations on the environment, and a summary of the activities undertaken to comply with local, state, and federal environmental laws.
International Nuclear Information System (INIS)
Wilt, G.C.; Gallegos, G.M.; Wander, S.M.
1992-01-01
Lawrence Livermore National Laboratory (LLNL), a US Department of Energy facility operated by the University of California, serves as a national resource of scientific, technical, and engineering capability with a special focus on national security. During 1992, the Environmental Protection Department conducted sampling of air, sewage effluent, ground water, surface water, soil, vegetation and foodstuffs, and took measurements of environmental radiation. It performed more than 150,000 analyses of environmental samples. The analytical results are summarized in the chapters that follow, along with evaluations of the impact of radioactive and nonradioactive materials, a discussion of the effects of LLNL operations on the environment, and a summary of the activities undertaken to comply with local, state, and federal environmental laws
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.
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.
Turner, Lindsey; Leider, Julien; Piekarz, Elizabeth; Schermbeck, Rebecca M; Merlo, Caitlin; Brener, Nancy; Chriqui, Jamie F
2017-06-01
To examine whether state laws are associated with the presence of school gardens and the use of garden-grown produce in school nutrition services programs. Nationally representative data from the School Health Policies and Practices Study 2014 were combined with objectively coded state law data regarding school gardens. Outcomes were: (1) the presence of a school garden at each school (n = 419 schools), and (2) the use of garden-grown items in the school nutrition services program. Multivariate logistic regression was used to examine each outcome. Contextual covariates included school level, size, locale, US Census region, student race/ethnic composition, and percentage of students eligible for free and reduced-priced meals. State law was not significantly associated with whether schools had a garden, but it was associated with whether schools used garden-grown items in nutrition services programs (odds ratio, 4.21; P garden-grown items in nutrition services programs was 15.4% among schools in states with a supportive law, vs 4.4% among schools in states with no law. State laws that support school gardens may facilitate the use of garden-grown items in school nutrition service programs. Additional research is needed regarding the types of messaging that might be most effective for motivating school administrators to appreciate the value of school gardens. In addition, another area for further research pertains to scaling garden programs for broader reach. Copyright © 2017 Society for Nutrition Education and Behavior. All rights reserved.
State-Level School Competitive Food and Beverage Laws Are Associated with Children's Weight Status
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…
Land, law and politics in Africa : mediating conflict and reshaping the state
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
The environmental protection in the Republic of Lithuania. Information bulletin No 1
International Nuclear Information System (INIS)
1992-01-01
Collection of Lithuanian laws regulating environmental protection in Lithuania is presented. The main of them is the Law on environmental protection of the Republic of Lithuania. This law establish the main rights and duties of legal and natural persons guaranteeing the right of the population of the Republic of Lithuania to healthy and safe environment, harmonic development of the interaction between the society and nature. Among general principles of environment protection, regulation of economic activities and introduction of basis of taxation for environment pollution, the law defines the main requirements for the production and usage of radioactive materials, management of radioactive waste. According to the article 21 usage of radioactive materials for the production of nuclear weapons is prohibited. By the article 23 importation of radioactive waste into the Republic of Lithuania for storage, treatment and disposal is prohibited. Two governmental institutions - Environmental Protection Department and Ministry of Health are responsible for the preparation of regulations for the record-keeping, transportation, storage, disposal of radioactive materials as well as norms of radiation protection. The full text of the Law on taxes on the state natural resources, Law on taxes on environmental pollution are also included in this publication
The environmental protection in the Republic of Lithuania. Information bulletin No 1
Energy Technology Data Exchange (ETDEWEB)
NONE
1993-12-31
Collection of Lithuanian laws regulating environmental protection in Lithuania is presented. The main of them is the Law on environmental protection of the Republic of Lithuania. This law establish the main rights and duties of legal and natural persons guaranteeing the right of the population of the Republic of Lithuania to healthy and safe environment, harmonic development of the interaction between the society and nature. Among general principles of environment protection, regulation of economic activities and introduction of basis of taxation for environment pollution, the law defines the main requirements for the production and usage of radioactive materials, management of radioactive waste. According to the article 21 usage of radioactive materials for the production of nuclear weapons is prohibited. By the article 23 importation of radioactive waste into the Republic of Lithuania for storage, treatment and disposal is prohibited. Two governmental institutions - Environmental Protection Department and Ministry of Health are responsible for the preparation of regulations for the record-keeping, transportation, storage, disposal of radioactive materials as well as norms of radiation protection. The full text of the Law on taxes on the state natural resources, Law on taxes on environmental pollution are also included in this publication.
Management information systems for environmental compliance activities
Energy Technology Data Exchange (ETDEWEB)
1990-04-23
The Department of Energy (DOE) is subject to Federal and state laws designed to protect against threats to public health and the environment. The purpose of this audit was to determine whether the Department had developed adequate information systems for tracking and reporting on the status of its compliance with these laws. Systems used for prioritizing and budgeting for environmental activities are being addressed in a separate review.
Trends in State and Federal land use law relating to inventories, monitoring and evaluation
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.
The Impact of Federal Preemption of State Antipredatory Lending Laws on the Foreclosure Crisis
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…
Hagin, Paul N.
Laboratory experiments on dry, unconsolidated sands from the Wilmington field, CA, reveal significant viscous creep strain under a variety of loading conditions. In hydrostatic compression tests between 10 and 50 MPa of pressure, the creep strain exceeds the magnitude of the instantaneous strain and follows a power law function of time. Interestingly, the viscous effects only appear when loading a sample beyond its preconsolidation pressure. Cyclic loading tests (at quasi-static frequencies of 10-6 to 10 -2 Hz) show that the bulk modulus increases by a factor of two with increasing frequency while attenuation remains constant. I attempt to fit these observations using three classes of models: linear viscoelastic, viscoplastic, and rate-and-state friction models. For the linear viscoelastic modeling, I investigated two types of models; spring-dashpot (exponential) and power law models. I find that a combined power law-Maxwell solid creep model adequately fits all of the data. Extrapolating the power law-Maxwell creep model out to 30 years (to simulate the lifetime of a reservoir) predicts that the static bulk modulus is 25% of the dynamic modulus, in good agreement with field observations. Laboratory studies also reveal that a large portion of the deformation is permanent, suggesting that an elastic-plastic model is appropriate. However, because the viscous component of deformation is significant, an elastic-viscoplastic model is necessary. An appropriate model for unconsolidated sands is developed by incorporating Perzyna (power law) viscoplasticity theory into the modified Cambridge clay cap model. Hydrostatic compression tests conducted as a function of volumetric strain rate produced values for the required model parameters. As a result, by using an end cap model combined with power law viscoplasticity theory, changes in porosity in both the elastic and viscoplastic regimes can be predicted as a function of both stress path and strain rate. To test whether rate-and-state
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
VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW
Directory of Open Access Journals (Sweden)
Alina Leția
2013-11-01
Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.
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
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.)
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
The concept of sustainability has been widely embraced by society and in environmental law and policy as a measure to ensure a heritage of economic viability, social equity, and environmental stewardship. In a large number of statutes, Congress and many state legislatures have be...
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
African Journals Online (AJOL)
HP27975994114
disruptive responses to the social and environmental .... Aboriginal peoples, environmental impact assessments (EIAs) and impact benefit agreements ... as a model for local law “becomes an abuse only if it is informed by a legalistic spirit .... health and safety, the protection of property, business activities within the territory,.
International Nuclear Information System (INIS)
Oppermann, T.
1986-01-01
The international organisations more readily than most of the states accepted the idea that environmental protection cannot be achieved by compensation for damage or remedial actions in case of emergencies. They soon fostered an environmental policy intended to prevent pollution by creating a suitable, internationally accepted concept of requirements and procedures. Their activities in the last two decades largely contributed to an eventual reappraisal of approach by the states, which lead from a rather incoherent series of regional or national activities to an international, much more coherent concept of environmental policy. The international organisations also realised that efficient enforcement of pollution control measures will be guaranteed only by an adequate system of international laws, which still is to be agreed upon by the states. There still is a considerable lack of certainty of the law, with environmental problems increasingly pressing for a solution. (orig./HSCH) [de
Defining new standards on citizen participation in the Chilean environmental assessment
Directory of Open Access Journals (Sweden)
Pilar Moraga Sariego
2017-06-01
Full Text Available The Law 19,300 on the General Bases of the Environment (1994 provided the first legal framework for environmental protection in the country, in the context of the Rio Summit held two years earlier. Following the recommendations of OECD to strengthen environmental institutions (2005, the legislator passed Law No. 20,417 introducing environmental reform (2010 and Law No. 20,600 creating the Environmental Tribunals (2012. The first one extends the scope of citizen participation in the environmental impact assessment system, however, it is the jurisprudential work of the Second Environmental Court that will make it possible to understand the real scope of the legislative amendment. This specialized judiciary develops new standards of citizen participation in the framework of the project of the State Railway Company. This is a broad interpretation of the principle with a view to a real and not only formal application of it, which contributes to the strengthening of this institution in relation to the principle of access to information and justice in environmental matters.
Hanford Site Environmental Report for Calendar Year 2004
Energy Technology Data Exchange (ETDEWEB)
Poston, Ted M.; Hanf, Robert W.; Dirkes, Roger L.
2005-09-29
This report, published annually since 1958, includes information and summary analytical data that (1) provide an overview of activities at the Hanford Site during calendar year 2003; (2) demonstrate the site's compliance with applicable federal, state, and local environmental laws and regulations, executive orders, and U.S. Department of Energy (DOE) policies and directives; (3) characterize Hanford Site environmental management performance; and (4) highlight significant environmental programs.
Hanford Site Environmental Report for Calendar Year 2005
Energy Technology Data Exchange (ETDEWEB)
Poston, Ted M.; Hanf, Robert W.; Dirkes, Roger L.; Morasch, Launa F.
2006-09-28
This report, published annually since 1958, includes information and summary analytical data that (1) provide an overview of activities at the Hanford Site during calendar year 2005; (2) demonstrate the site's compliance with applicable federal, state, and local environmental laws and regulations, executive orders, and U.S. Department of Energy (DOE) policies and directives; (3) characterize Hanford Site environmental management performance; and (4) highlight significant environmental programs.
Directory of Open Access Journals (Sweden)
Simone Assis Ferreira
2015-08-01
Full Text Available In a growing economic and industrial development scenario, public policy can be used to encourage environment-friendly behaviour. In this context, it is a part of the Ecological ICMS, which is the VAT percentage of transfer raised by the States in favour of their municipalities, according to criteria established by law. In this paper, we seek to assess the contribution of the Ecological VAT in the State of Rio de Janeiro for the environmental development in this State. Therefore, of the 92 municipalities, data of budget expenses were collected for 87 of them (5 were excluded from analysis due to lack of information for some periods in sanitation functions and environmental management from 2005 to 2012 and therefore the 4 years before and after the validity of the Ecological VAT (2009. From the collected data, the mean difference test was used (Wilcoxon. The hypothesis tested was that the institution of the Ecological VAT in the State of Rio de Janeiro generated an increase of municipal expenditures in sanitation functions and environmental management. The results indicated that the average spending on sanitation and environmental management of municipalities in the state of Rio de Janeiro before and after the ecological ICMS institution are, from a statistical point of view, different and that the this benefit has contributed to an increase of environmental investments there. Moreover, the average expense on environmental management showed the largest percentage increase in the periods before and after the start of the distribution of resources to the Ecological VAT, although spending on sanitation express a higher total sum.
Directory of Open Access Journals (Sweden)
Paul O'Connell
2018-05-01
Full Text Available Law is crucial to the maintenance and reproduction of capitalism. While Marx never produced a comprehensive theory of law, state and rights, there is much in his work, and in the broader Marxist tradition, that can help us understand the nature and role of law in contemporary capitalism. This paper sketches out some of the key resources from within the Marxist tradition that can assist us in developing Marxist understandings of law, state and rights today. Specifically, the focus is on the question of method, drawing out three key strands from Marx's own work: (i the importance of dialectical materialist analysis; (ii the historically specific and transitory nature of capitalism and (iii the centrality of class antagonism and class struggle. The argument advanced here, in sum, is that Marxist explanations of law, state and rights should foreground these analytical reference points, in order to make the role of law intelligible, and to begin to sketch how movements for fundamental social change might understand and engage with the law.
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...
The forest act that serves state interest
International Nuclear Information System (INIS)
Ye Myint
1993-01-01
The forest law promulgated as the State Law and Order Restoration Council Law No. 8/92 has 13 chapters and 58 sections. It includes title and definition, the protection of forest products from forest covered land, the provisions for protection of the environment, and for regeneration of forests, the competitive bidding system for extraction of forest products on commercial scale, and provision to curb illegal logging. The forest law highlights the environmental protection, encouragement to private sector and severe punishment of illegal loggers and conveniences
The forest act that serves state interest
Energy Technology Data Exchange (ETDEWEB)
Myint, Ye
1993-10-01
The forest law promulgated as the State Law and Order Restoration Council Law No. 8/92 has 13 chapters and 58 sections. It includes title and definition, the protection of forest products from forest covered land, the provisions for protection of the environment, and for regeneration of forests, the competitive bidding system for extraction of forest products on commercial scale, and provision to curb illegal logging. The forest law highlights the environmental protection, encouragement to private sector and severe punishment of illegal loggers and conveniences
12 CFR 34.4 - Applicability of state law.
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...
Waste Isolation Pilot Plant Biennial Environmental Compliance Report
Energy Technology Data Exchange (ETDEWEB)
Washington Regulatory and Environmental Services
2006-10-12
This Biennial Environmental Compliance Report (BECR) documents compliance with environmental regulations at the Waste Isolation Pilot Plant (WIPP), a facility designed and authorized for the safe disposal of transuranic (TRU) radioactive waste. This BECR covers the reporting period from April 1, 2004, to March 31, 2006. As required by the WIPP Land Withdrawal Act (LWA) (Public Law [Pub. L.] 102-579, as amended by Pub. L. 104-201), the BECR documents United States (U.S.) Department of Energy (DOE) compliance with regulations and permits issued pursuant to the following: (1) Title 40 Code of Federal Regulations (CFR) Part 191, Subpart A, "Environmental Standards for Management and Storage"; (2) Clean Air Act (CAA) (42 United States Code [U.S.C.] §7401, et seq.); (3) Solid Waste Disposal Act (SWDA) (42 U.S.C. §§6901-6992, et seq.); (4) Safe Drinking Water Act (SDWA) (42 U.S.C. §§300f, et seq.); (5) Toxic Substances Control Act (TSCA) (15 U.S.C. §§2601, et seq.); (6) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. §§9601, et seq.); and all other federal and state of New Mexico laws pertaining to public health and safety or the environment.
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
BOOK REVIEW FOOD AND AGRICULTURAL LAW: READINGS ON ...
African Journals Online (AJOL)
242 AFE BABALOLA UNIVERSITY: JOURNAL OF SUSTAINABLE DEVELOPMENT LAW ... The book, Food and Agricultural Law is Nigeria's first authoritative book ... professions including law, economics, environmental science, development,.
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...
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...
Energy Technology Data Exchange (ETDEWEB)
NONE
2017-11-01
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. [German] Die Dokumentation zur 40. wissenschaftlichen Fachtagung der Gesellschaft fuer Umweltrecht (GfU) im November 2016 in Leipzig bietet aufschlussreiche Einblicke in den Diskussionsstand unter deutschen Umweltrechtsexperten. Im Zentrum der rechtswissenschaftlichen Auseinandersetzung standen folgende Schwerpunkte: Vier Jahrzehnte Immissionsschutzrecht (RA Prof. Dr. Alexander Schink, Bonn) Rechtsprobleme der Aenderungsgenehmigung (RA Prof. Dr. Olaf Reidt, Berlin) Artenschutzrecht in der Vorhabenzulassung (Richterin am BVerwG Dr. Ulrike Bick, Leipzig; Dr.-Ing. Katrin Wulfert, Bochum) Ueberplanung von Infrastruktur am Beispiel energiewirtschaftlicher Streckenplanungen (Dr. Tom Pleiner, Berlin) Das Nagoya-Protokoll und seine Umsetzung in der EU und Deutschland - Hintergruende und moegliche Folgen fuer die Rechtspraxis (Thomas Ebben, LL.M., Bundesministerium fuer
Concussion Law Compliance: The Allocation of Time, Resources, and Money in a Rural Western State
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…
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…
Rutkow, Lainie; Vernick, Jon S; Hodge, James G; Teret, Stephen P
2008-01-01
Obesity is widely recognized as a preventable cause of death and disease. Reducing obesity among adults and children has become a national health goal in the United States. As one approach to the obesity epidemic, public health practitioners and others have asserted the need to provide consumers with information about the foods they eat. Some state and local governments across the United States have introduced menu labeling bills and regulations that require restaurants to post information, such as calorie content, for foods offered on their menus or menu boards. A major dilemma is whether state and local menu labeling laws are preempted by the federal Nutrition Labeling and Education Act (NLEA). While few courts have addressed this issue, ongoing litigation in New York City provides an early glimpse of judicial interpretation in this area. This article explores these preemption issues, arguing that appropriately written and implemented menu labeling laws should not be preempted by the NLEA. We offer guidance for states and localities that wish to develop and implement menu labeling laws.
NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?
Directory of Open Access Journals (Sweden)
MARIUS VACARELU
2012-05-01
Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.
Directory of Open Access Journals (Sweden)
Jana Gláserová
2017-01-01
Full Text Available The European Union has published the Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings for reasons of increasing of the competitive advantage and productivity of small and medium‑sized enterprises. The EU Member States have to incorporate the rules of the Directive with their national law by 20 July 2015 at the latest during the year 2016. The intention of this paper is to determine and to evaluate the impacts of transposition of the Directive into the Czech Accounting Law and into the national accounting laws of EU Member States chosen. There is an identification of main differences of Czech Accounting Law and of amended Czech Accounting Law issued 1st of January 2016. There is an impact of implementation of the Directive 2013/34/EU on financial statements and at the same time on requirements of audit for individual categories of Czech accounting entities. In this paper, there is also an analysis of impact of the Directive 2013/34/EU on national accounting laws V4 States and on several further EU Member States. On the basis of comparison of differences recognized, there is an deduction of findings for companies falling into the same group.
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.
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...
Environmental policy challenge crime in Republic Serbia and its impact on environmental safety
Directory of Open Access Journals (Sweden)
Jović Vojislav
2014-01-01
Full Text Available Environmental law and ecological security representing nearly two related fields that have a scientific discipline in our legal security framework introduced in the first decade of this century. Despite this fact, the legal norms that regulate the protection and safety of the environment have been studied in the framework of other disciplines, and their etymology suggests that environmental regulations have existed in the ninth century, first as a prohibitive provision 'is prohibited'. It is known that environmental law to a certain extent based on criminal law norms and the norms of a protective object with the environment - Ekos. The fact of regulation of a large number of offenses in this field indicates the significance of the criminal policy which is in the field of environmental law and environmental security provides criminal protection. In this paper, in addition to general introductory remarks on environmental law, environmental safety and environmental tort, consider the area of combating environmental crime, the share of primary and secondary subjects of criminal procedural and international cooperation, particularly in combating transnational environmental crime. In the end, considering the environmental impact of crime on ecological security, clarifying the possible forms of threats and extent of the reaction.
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
The equation of state of polymers. Part III: Relation with the compensation law.
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.
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.
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
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...
12 CFR 707.1 - Authority, purpose, coverage and effect on State laws.
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...
Pacific Northwest National Laboratory Site Environmental Report for Calendar Year 2011
Energy Technology Data Exchange (ETDEWEB)
Duncan, Joanne P.; Fritz, Brad G.; Tilden, Harold T.; Stoetzel, Gregory A.; Stegen, Amanda; Barnett, J. Matthew; Su-Coker, Jennifer; Moon, Thomas W.; Ballinger, Marcel Y.; Dirkes, Roger L.; Opitz, Brian E.
2012-09-01
The PNNL Site Environmental Report for Calendar Year 2011 was prepared pursuant to the requirements of Department of Energy (DOE) Order 231.1B, "Environment, Safety and Health Reporting" to provide a synopsis of calendar year 2011 information related to environmental management performance and compliance efforts. It summarizes site compliance with federal, state, and local environmental laws, regulations, policies, directives, permits, and orders and environmental management performance.
International Nuclear Information System (INIS)
1998-03-01
The Environment, Safety and Health Division (ESHD) of the Nevada Operations Office has prepared this Environmental Compliance Handbook for all users of the Nevada Test Site (NTS) and other US Department of Energy, Nevada Operations Office (DOE/NV) facilities. The Handbook gives an overview of the important environmental laws and regulations that apply to the activities conducted by the Nevada Operations Office and other users of DOE/NV facilities in Nevada
Energy Technology Data Exchange (ETDEWEB)
NONE
1998-03-01
The Environment, Safety & Health Division (ESHD) of the Nevada Operations Office has prepared this Environmental Compliance Handbook for all users of the Nevada Test Site (NTS) and other US Department of Energy, Nevada Operations Office (DOE/NV) facilities. The Handbook gives an overview of the important environmental laws and regulations that apply to the activities conducted by the Nevada Operations Office and other users of DOE/NV facilities in Nevada.
Hanford Site Environmental Report for Calendar Year 2007
Energy Technology Data Exchange (ETDEWEB)
Poston, Ted M.; Duncan, Joanne P.; Dirkes, Roger L.
2008-06-05
The Hanford Site environmental report is prepared annually for the U.S. Department of Energy (DOE) in accordance with regulatory requirements. The report provides an overview of activities at the site; demonstrates the status of the site’s compliance with applicable federal, state, and local environmental laws and regulations, executive orders, and DOE policies and directives; and summarizes environmental data that characterize Hanford Site environmental management performance. The report also highlights signifi cant environmental and public protection programs and efforts. Some historical and early 2008 information is included where appropriate.
Hanford Site Environmental Report for Calendar Year 2008
Energy Technology Data Exchange (ETDEWEB)
Poston, Ted M.; Duncan, Joanne P.; Dirkes, Roger L.
2009-09-15
The Hanford Site environmental report is prepared annually for the U.S. Department of Energy (DOE) in accordance with regulatory requirements. The report provides an overview of activities at the Hanford Site; demonstrates the status of the site’s compliance with applicable federal, state, and local environmental laws and regulations, executive orders, and DOE policies and directives; and summarizes environmental data that characterize Hanford Site environmental management performance. The report also highlights significant environmental and public protection programs and efforts. Some historical and early 2009 information is included where appropriate.
Hanford Site Environmental Report for Calendar Year 2009
Energy Technology Data Exchange (ETDEWEB)
Poston, Ted M.; Duncan, Joanne P.; Dirkes, Roger L.
2010-09-01
The Hanford Site environmental report is prepared annually for the U.S. Department of Energy (DOE) in accordance with regulatory requirements. The report provides an overview of activities at the Hanford Site; demonstrates the status of the site’s compliance with applicable federal, state, and local environmental laws and regulations, executive orders, and DOE policies and directives; and summarizes environmental data that characterize Hanford Site environmental management performance. The report also highlights significant environmental and public protection programs and efforts. Some historical and early 2010 information is included where appropriate.
Hanford Site Environmental Report for Calendar Year 2010
Energy Technology Data Exchange (ETDEWEB)
Poston, Ted M.; Duncan, Joanne P.; Dirkes, Roger L.
2011-07-12
The Hanford Site environmental report is prepared annually for the U.S. Department of Energy (DOE) in accordance with regulatory requirements. The report provides an overview of activities at the Hanford Site; demonstrates the status of the site's compliance with applicable federal, state, and local environmental laws and regulations, executive orders, and DOE policies and directives; and summarizes environmental data that characterize Hanford Site environmental management performance. The report also highlights significant environmental and public protection programs and efforts. Some historical and early 2011 information is included where appropriate.
7 CFR 501.14 - Non-Federal law enforcement.
2010-01-01
... 7 Agriculture 6 2010-01-01 2010-01-01 false Non-Federal law enforcement. 501.14 Section 501.14...-Federal law enforcement. Research Center special policemen may be deputized by State or local law... State or local law enforcement agency, the facilities or services of such State or local law enforcement...
Directory of Open Access Journals (Sweden)
Ana de Castro Schenkel
2016-02-01
Full Text Available Forest management policy is not a new concept in Brazil; such laws have been in place since the beginning of the imperial period, including the Forest and Water Code of 1934 and the New Forest Code of 1965. Forest codes prohibit the clearing of vegetation in specific areas, such as steep slopes and river margins. This study evaluated implementation of the Environmental Adjustment Program in the Florianópolis region. We used as references standards from the program itself, as well as information derived from government agency and NGO databases. Three years after the effective date of Law 12.651, many of the stated requirements have not yet been implemented and the proposed deadlines are being ignored by the Union. Under the provisions of the law, farmers that have cleared land in excess will have to replant, which can potentially result in reforestation of about 30 million ha. However, difficulties enforcing the new law continue, creating an expectation of impunity for those planning involvement in future deforestation activities. This analysis concludes that without pressure from civil society, Federal Law 12.651/2012 may be revoked due to lack of compliance. The public should be better informed of the law, and of the extent to which environmental preservation can affect daily life.
Environmental protection - can it be regarded as a basic right
International Nuclear Information System (INIS)
Soell, H.
1986-01-01
The question of the necessity of an 'environmental basic right' is to be seen in connection with the doctrine of the duty of the State to protect the basic rights. Under the present law this obligation of the State applies only to third party intervention, it does not take effect if it is a matter of protecting the environment as such. Therefore the introduction of an 'environmental basic right' is necessary. (WG) [de
12 CFR 230.1 - Authority, purpose, coverage, and effect on state laws.
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...
The second laws of quantum thermodynamics.
Brandão, Fernando; Horodecki, Michał; Ng, Nelly; Oppenheim, Jonathan; Wehner, Stephanie
2015-03-17
The second law of thermodynamics places constraints on state transformations. It applies to systems composed of many particles, however, we are seeing that one can formulate laws of thermodynamics when only a small number of particles are interacting with a heat bath. Is there a second law of thermodynamics in this regime? Here, we find that for processes which are approximately cyclic, the second law for microscopic systems takes on a different form compared to the macroscopic scale, imposing not just one constraint on state transformations, but an entire family of constraints. We find a family of free energies which generalize the traditional one, and show that they can never increase. The ordinary second law relates to one of these, with the remainder imposing additional constraints on thermodynamic transitions. We find three regimes which determine which family of second laws govern state transitions, depending on how cyclic the process is. In one regime one can cause an apparent violation of the usual second law, through a process of embezzling work from a large system which remains arbitrarily close to its original state. These second laws are relevant for small systems, and also apply to individual macroscopic systems interacting via long-range interactions. By making precise the definition of thermal operations, the laws of thermodynamics are unified in this framework, with the first law defining the class of operations, the zeroth law emerging as an equivalence relation between thermal states, and the remaining laws being monotonicity of our generalized free energies.
Energy Technology Data Exchange (ETDEWEB)
Molina Hernandez, A. J.
2010-07-01
The main goal of the International Environmental Law Studies Center (CIEDA-CIEMAT) is to become a reference center in the area of research, development and dissemination of the legal instruments needed to implement sustainability policies. The CIEDA-CIEMAT forms part of the actions included in the Specific Action Plan for Soria (PAES) that commissions CIEMAT to create such a center. The legal needs associated with environmental protection have brought about a rapid evolution of environmental law. The CIEDA-CIEMAT intends to support the public powers and civil society in the implementation of a sustainable development model. Considering the global nature of environmental problems, the international orientation of the Center is an essential ingredient, with a special focus on cooperation with the developing countries. Tho close ties of this branch of law to scientific-technological knowledge fully justifies the inclusion of a center of this nature in CIEMAT. (Author)
Environmental program audit, Paducah Gaseous Diffusion Plant, Paducah, Kentucky. Final report
International Nuclear Information System (INIS)
1985-08-01
The environmental monitoring program, environmental control equipment and its use, and the facility's compliance with DOE orders, Federal and State laws and regulations were evaluated in this audit. No imminent threat to public health and safety was discovered. A needed quality assurance program is being added. Recommendations are given
Klassen, Aaron B; Core, S Brent; Lohse, Christine M; Sztajnkrycer, Matthew D
2018-04-01
Study Objectives Law enforcement is increasingly viewed as a key component in the out-of-hospital chain of survival, with expanded roles in cardiac arrest, narcotic overdose, and traumatic bleeding. Little is known about the nature of care provided by law enforcement prior to the arrival of Emergency Medical Services (EMS) assets. The purpose of the current study was to perform a descriptive analysis of events reported to a national EMS database. This study was a descriptive analysis of the 2014 National Emergency Medical Services Information System (NEMSIS) public release research data set, containing EMS emergency response data from 41 states. Code E09_02 1200 specifically identifies care provided by law enforcement prior to EMS arrival. A total of 25,835,729 unique events were reported. Of events in which pre-arrival care was documented, 2.0% received prior aid by law enforcement. Patients receiving law enforcement care prior to EMS arrival were more likely to be younger (52.8 [SD=23.3] years versus 58.7 [SD=23.3] years), male (54.8% versus 46.7%), and white (80.3% versus 77.5%). Basic Life Support (BLS) EMS response was twice as likely in patients receiving prior aid by law enforcement. Multiple-casualty incidents were five times more likely with prior aid by law enforcement. Compared with prior aid by other services, law enforcement pre-arrival care was more likely with motor vehicle accidents, firearm assaults, knife assaults, blunt assaults, and drug overdoses, and less likely at falls and childbirths. Cardiac arrest was significantly more common in patients receiving prior aid by law enforcement (16.5% versus 2.6%). Tourniquet application and naloxone administration were more common in the law enforcement prior aid group. Where noted, law enforcement pre-arrival care occurs in 2.0% of EMS patient encounters. The majority of cases involve cardiac arrest, motor vehicle accidents, and assaults. Better understanding of the nature of law enforcement care is
DEFF Research Database (Denmark)
Martinez Romera, Beatriz; Coelho, Nelson F.
2018-01-01
, treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding...... the relative role of this treaty among other sources of international law....
Climate protection laws in Taiwan
International Nuclear Information System (INIS)
Chiu, Yen-Lin Agnes
2014-01-01
The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.
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
Directory of Open Access Journals (Sweden)
Andrey V. Bezrukov
2018-01-01
Full Text Available The subject. The article investigates historical legal, theoretical-methodological and constitutional-legal problems of the formation and functioning of the institute of the head of state.The purpose of the study is to show how the constitutional functions of the head of state concretize his powers.The study is based on the use of methods of analysis and synthesis, historical legal, formal legal, comparative legal methods, scientific abstraction.The main scientific results. The authors summarize that the historical and legal analysis shows the key role of the head of state in the mechanism of ensuring state unity and law and order. Reality testifies the fact that the role of the President of the Russian Federation creates sufficient constitutional and legal grounds and conditions for the consolidated work of all state authorities, including law enforcement agencies, in the direction of ensuring the unity of state power and constitutional law and order. The indicated directions are in many ways identical, organically interrelated and interdependent, systematically define the main lines of activity of the head of state, contributing to the improvement of the constitutional and legal mechanism for ensuring the rule of law in general. Firstly, the Constitution of the Russian Federation contains only the basic powers of the President of the Russian Federation, which are substantially expanded by the legislator and presidential decrees. Secondly, the President has so-called “hidden”, discretionary powers that are not directly enshrined in the Constitution of the Russian Federation, implicit in it and stem from the sense of presidential functions that manifest themselves in unforeseen extraordinary circumstances. Thus, the constitutional design of a strong presidential power allows the President of the Russian Federation to ensure the unity of the executive power and the exercise of the powers of the federal government throughout the territory of
International Nuclear Information System (INIS)
Grammatico, L.
2003-05-01
The energy regulation, in France, appears autonomous compared. to the environmental law. It was necessary to seek the reality of this autonomy, which resulted in analyzing its application at both national and community level. However, the autonomy of energy regulation has been kept in perspective through the influences of both public and economic policies, along with the general framework of life. This autonomy does not prevent the interdependence with environmental law. Indeed, the energy regulation is influenced by the environmental law, which can appear from differing viewpoints as either constraints for the energy sector or as opportunities. Here, the two regulations coexist with t:he environmental law trying to integrate completely with energy regulation. This seems to take place with difficulty through sustainable development, either requiring an evolution in traditional legal instruments or by the creation of new instruments. (author)
Parenting and the workplace: The construction of parenting protections in United States law
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...