WorldWideScience

Sample records for trade remedy laws

  1. Trade Remedies: A Primer

    National Research Council Canada - National Science Library

    Jones, Vivian C

    2006-01-01

    The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impact of various trade practices on domestic industries and workers. U.S. antidumping laws (19 U.S.C. 1673 et seq...

  2. Trade Remedies: A Primer

    National Research Council Canada - National Science Library

    Jones, Vivian C

    2007-01-01

    The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impact of various trade practices on domestic industries and workers. U.S. antidumping (AD) laws (19 U.S.C. 1673 et seq...

  3. Trade Remedies: A Primer

    National Research Council Canada - National Science Library

    Jones, Vivian C

    2008-01-01

    The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impact of various trade practices on domestic industries and workers. U.S. antidumping (AD) laws (19 U.S.C. 1673 et seq...

  4. The Russian Trade-Remedy System : peculiarities and future prospects / Sherzod Shadikhodjaev

    Index Scriptorium Estoniae

    Shadikhodjaev, Sherzod

    2010-01-01

    Venemaa kaubanduse parandusmeetmete süsteemi iseärasused võrreldes WTO reeglitega. Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994, Marrakesh Agreement). Russian Trade-Remedy Law (2003)

  5. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

    -border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...

  6. International trade law perspectives on paperless trade and inclusive digital trade

    OpenAIRE

    Mitchell, Andrew D.; Mishra, Neha

    2017-01-01

    Cross-border paperless trade is increasingly important to generate economic gains in a digitalised economy. Several developing and least developed countries will need to modernise their domestic laws and regulations to facilitate cross-border electronic transmissions, particularly to promote cloud computing and electronic payments. In recent trade agreements, trading partners have committed to deeper and more comprehensive provisions on electronic commerce, including adopting domestic laws on...

  7. Some Economics of Trade Secret Law

    OpenAIRE

    David D. Friedman; William M. Landes; Richard A. Posner

    1991-01-01

    Despite the practical importance of trade secrets to the business community, the law of trade secrets is a neglected orphan in economic analysis. This paper sketches an approach to the economics of trade secret law that connects it more closely both to other areas of intellectual property and to broader issues in the positive economic theory of the common law.

  8. The Effect of International Trade on Rule of Law

    Directory of Open Access Journals (Sweden)

    Junsok Yang

    2013-03-01

    Full Text Available In this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and importsIn this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and imports as percentage of GDP, international trade and basic human rights seem to have little relationship; but trade has a close positive relationship with strong order and security. Somewhat surprisingly, regulatory transparency and effective implementation seems to have little or no effect on international trade and vice versa. International trade shows a clear positive relationship with the country’s criminal justice system, but the relationship with the civil justice system is not as clear as such. For regulatory implementation and civil justice, services trade positively affect these institutions, but these institutions in turn affect exports more strongly than services trade. Finally, the effect of trade on rule of law is stronger on a medium to long term (10-20 year time horizon.

  9. Civil Remedies Division Administrative Law Judge Decisions

    Data.gov (United States)

    U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

  10. Support for international trade law: The US and the EU compared.

    Science.gov (United States)

    Eckhardt, Jappe; Elsig, Manfred

    2015-10-01

    In this article we compare US and EU support for bilateral and multilateral international trade law. We assess the support for international law of both trading blocs by focusing on the following four dimensions: leadership, consent, compliance and internalization. Although we find strong support for international trade law from both the US and the EU in general, we also witness some variation, most notably in relation to the design of preferential trade agreements (PTAs) and compliance with World Trade Organization (WTO) law. Turning to explaining these (moderate) differences, we argue that outcomes in US trade policy can best be explained by a domestic political factor, namely the direct influence of interest groups. Although the involvement of societal interests also goes a long way in explaining EU behavior, it does not tell the entire story. We posit that, in EU trade policy, institutions are a particular conditioning factor that needs to be stressed. Moreover, we suggest that foreign policy considerations in managing trade relations have characterized EU's support for international trade law.

  11. Recognition in context: Implications for trade mark law.

    Science.gov (United States)

    Humphreys, Michael S; McFarlane, Kimberley A; Burt, Jennifer S; Kelly, Sarah J; Weatherall, Kimberlee G; Burrell, Robert G

    2017-10-01

    Context effects in recognition have played a major role in evaluating theories of recognition. Understanding how context impacts recognition is also important for making sound trade mark law. Consumers attempting to discriminate between the brand they are looking for and a look-alike product often have to differentiate products which share a great deal of common context: positioning on the supermarket shelf, the type of store, aspects of the packaging, or brand claims. Trade mark and related laws aim to protect brands and reduce consumer confusion, but courts assessing allegations of trade mark infringement often lack careful empirical evidence concerning the impact of brand and context similarity, and, in the absence of such evidence, make assumptions about how consumers respond to brands that downplay the importance of context and focus on the similarity of registered marks. The experiments reported in this paper aimed to test certain common assumptions in trade mark law, providing evidence that shared context can cause mistakes even where brand similarity is low.

  12. Lhe law of diminishing elasticity of demand in Harrod’s trade cycle

    OpenAIRE

    Michaël Assous; Olivier Bruno; Muriel Dal-Pont

    2014-01-01

    In The Trade Cycle, Roy Harrod [1936a] propounded the Law of Diminishing Elasticity of Demand. The present paper tries to clarify the precise role Harrod assigned to this law in his The Trade Cycle Theory. We discuss the micro and macro foundations of the Law of Diminishing Elasticity of Demand and argue that it explains one of the main mechanisms that stabilize the economy during the trade cycle. In addition, we highlight how the Law of Diminishing Elasticity of Demand allowed Harrod to micr...

  13. The proceduralisation of data protection remedies under EU data protection law : Towards a more effective and data subject-oriented remedial system?

    NARCIS (Netherlands)

    Galetta, Antonella; de Hert, Paul

    2015-01-01

    The proceduralisation of data protection remedies under EU data protection law: towards a more effective and data subject-oriented remedial system?
The right to remedy breaches of data protection is laid down in both Directive 95/46/EC (Art. 22) and the Council of Europe Data Protection Convention

  14. The Law of Diminishing Elasticity of Demand in Harrod’s Trade Cycle (1936)

    OpenAIRE

    Michaël Assous; Olivier Bruno; Muriel Dal-Pont Legrand

    2015-01-01

    In The Trade Cycle, Roy Harrod [1936a] propounded the Law of Diminishing Elasticity of Demand. The present paper tries to clarify the precise role Harrod assigned to this law in order to understand his trade cycle theory. We discuss the micro and macro foundations of the Law of Diminishing Elasticity of Demand and how, according to Harrod, it explains one of the main mechanisms that stabilize the economy during the trade cycle. In addition, we show how the Law of Diminishing Elasticity of Dem...

  15. CARBON TRADING ACCORDING TO INTERNATIONAL LAW AND ITS IMPLEMENTATION IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Sinta Wahyu Purnama Sari

    2016-04-01

    Full Text Available This research aims to describe the carbon trading according to international law and its implementation in Indonesia. It uses juridical-normative research methods. Climate change is one of the major environmental issues in the world, it causes an adverse effect to human life. Basically it comes from human activities. To follow up the issue, then countries try to solve it by taking an action to reduce the emissions. Through the first Earth Summit in Rio De Janeiro-Brazil in 1992, which produces the Convention on Climate Change (UNFCCC; one of the achievements of the UNFCCC is the Kyoto Protocol, wherein the Protocol contains two important things, namely the commitment of developed countries to reduce the rate of emissions compared to 1990, and the possibility of carbon trading mechanisms. Indonesia is one of the countries that have ratified both the UNFCCC through Law No. 6 of 1994, and the Kyoto Protocol through Law No. 17 of 2004. There are also some related regulations. However, of all existing laws, the government has not put out implementing regulations or instructions about carbon trading specifically. Keywords: Carbon Trading, International Law, Indonesia.

  16. Causes and Remedies for Errors in International Forest Products Trade Data: Examples from the Hardwood Trade Statistics

    Science.gov (United States)

    William G. Luppold; William G. Luppold

    1995-01-01

    The quality of data concerning international hardwood products trade declined in the 1980s because of several problems associated with the collection and processing of individual export transaction records. This note examines the source, impact, and remedies for data problems caused by data screening procedures, nonreporting, recording errors, and alternative...

  17. Does international nuclear trade law have a specificity

    International Nuclear Information System (INIS)

    David, J.L.

    1988-01-01

    This study on the specificity of international nuclear trade law covers public international and private international aspects. As regards the first, international organisations and agreements (bilateral and multilateral) are reviewed. In the context of the second, the international organisations with a scientific, legal or commercial vocation are briefly listed. Commercial contracts are then studied in greater detail from the viewpoint of contractual nuclear liability and that outside the contracts. In addition, special aspects are examined, relating to the flexibility of supply contracts, swap agreements in the nuclear field, and other more particular clauses such as the ''Consensus'' framework for export credits. The authors' conclusion is that while there is no specificity properly speaking in international nuclear trade law, it nevertheless has original features (NEA) [fr

  18. Trade and health: how World Trade Organization (WTO) law affects alcohol and public health.

    Science.gov (United States)

    Baumberg, Ben; Anderson, Peter

    2008-12-01

    The alcohol field is becoming more aware of the consequences of world trade law for alcohol policies. However, there is a need for greater clarity about the different effects of trade on alcohol-related harm. A comprehensive review of all literature on alcohol and world trade [including World Trade Organization (WTO) disputes on alcohol], supported by a more selective review of other relevant cases, academic reports and the grey literature on trade and health. The burden of WTO law on alcohol policies depends upon the type of policy in question. Purely protectionist policies are likely to be struck down, which may lead to increases in alcohol-related harm. Partly protectionist and partly health-motivated policies are also at risk of being struck down. However, purely health-motivated policies are likely to be defended by the WTO-and to the extent that policy makers misunderstand this, they are needlessly avoiding effective ways of reducing alcohol-related harm. WTO agreements contain genuine and substantial risks to alcohol policies, and various ways of minimizing future risks are suggested. However, the 'chilling effect' of mistakenly overestimating these constraints should be avoided. Health policy makers should decide on which policies to pursue based primarily on considerations of effectiveness, ethics and politics rather than legality. As long as any effect of these policies on trade is minimized, they are overwhelmingly likely to win any challenges at the WTO.

  19. Trade, trust and the rule of law

    NARCIS (Netherlands)

    Yu, Shu; Beugelsdijk, Sjoerd; de Haan, Jakob

    Well-functioning institutions, both formal (i.e. rule of law) and informal (i.e. trust), facilitate economic exchange. To investigate the nature of the relationship between formal and informal institutions, we analyze bilateral trade patterns in a sample of 16 European countries between 1996-2009.

  20. The contradictions in nuclear trade law

    International Nuclear Information System (INIS)

    Reyners, P.

    1988-01-01

    International law applicable to trade in nuclear materials, equipment and technology still lacks homogeneity and its implementation gives rise to some controversy. This is explained by the fact that this law, whose pivot is the Treaty on the Non-Proliferation of Nuclear Weapons, reflects several contradictions: the need to restrict communication of sensitive information and the will to encourage international cooperation in the peaceful uses of nuclear energy; acknowledgement of the differences in the status of the countries concerned and the principle of non-discrimination established by the Treaty; a selective policy for imports and the aim to achieve free access to nuclear technology. (NEA) [fr

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

    Directory of Open Access Journals (Sweden)

    Endra Wijaya

    2017-11-01

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

  2. Christian Joerges and Ernst-Ulrich Petersmann (eds., Constitutionalism: Multilevel Trade Governance and International Economic Law (Hart Publishing: Studies in International Trade Law, 2011

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2012-03-01

    Full Text Available Constitutionalism, Multilevel Trade Governance and International Economic Law is a second issue of a 2006 text of the same name. It brings together an impressive collection of international scholarship exploring international economic law in light of constitutional theory with many well-established experts in the field alongside some relatively junior and highly promising scholars.

  3. Developing a normative critique of international trade law: special & differential treatment

    OpenAIRE

    Garcia, Frank J.

    2007-01-01

    Although the problem of trade and inequality is central to the resolution of the WTO Doha Round and to contemporary trade policy in general, it is currently undertheorized from a normative perspective. In this paper I develop a normative critique of WTO special and differential treatment law, as a case study of how normative political theory can be applied to international economic law. Using Rawls' theory of Justice as Fairness, I argue both that special and differential treatment can play a...

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

    International Nuclear Information System (INIS)

    Retsch, Alexander T.

    2014-01-01

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

  5. Law [Review of: World trade report 2011: the WTO and preferential trade agreements: from co-existence to coherence

    NARCIS (Netherlands)

    Mathis, J.H.

    2012-01-01

    The World Trade Review asked distinguished scholars from the three different fields of economics (Pravin Krishna), political science (Edward D. Mansfield) and law (James H. Mathis) to independently review the WTO's annual World Trade Report for 2011, the theme of which is The WTO and Preferential

  6. The rising tide of green unilateralism in world trade law. Options for reconciling the emerging north-south conflict

    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.)

  7. National treatment in international trade: National law and international standards

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2014-01-01

    Full Text Available The subject of the paper is the principle of national treatment, namely one of the basic principles of international trade. The objective is to determine its outreach and contents set in the forms of international trade organising, primarily in the World Trade Organization, from a legal perspective, naturally, all in the context of the Serbian law. The analysis that has been carried out indicates that there is an obvious intention of our legislators to harmonise in principle our legislation with the WTO requirements and standards, which are incomplete themselves and cause disputes that are not resolved in the practice of dispute resolving either entirely or consistently. In our law, a step forward has been made in relation to the situation from the previous relevant legislation, because the application of this principle is extended not only to trade with goods but also to trade with services, and to industrial property rights. However, in the most significant, basic field, namely trade with goods, it is still being done in a general way, by simplifying the entire topic and bringing it down only to protection against discrimination and neglecting the sphere of protectionism. Such acting does not include all the complexity of this matter and it is not entirely harmonised with the WTO requirements. However, a good side of such an approach is that it gives the state more freedom for acting in this sphere, which may be acceptable in the transition period until full membership of Serbia in this organization.

  8. Remarks on Trade Usages And Business Practices In International Sales Law

    OpenAIRE

    Leonardo Graffi

    2011-01-01

    Trade usages and business practices are key elements of international commerce. In their day-to-day activities, traders and business people around the world constantly rely upon trade usages and business practices across a variety of industries. Usages and practices tend to be dignified by the business community with a status equivalent to that of actual law. As a matter of fact, many business persons often tend to regard trade usages and business practices as very powerful tools to ensure th...

  9. The Best of Both Worlds? Free Trade in Services and EU Law on Privacy and Data Protection

    NARCIS (Netherlands)

    Yakovleva, S.; Irion, K.

    2016-01-01

    The article focuses on the interplay between European Union (EU) law on privacy and data protection and international trade law, in particular the General Agreement on Trade in Services (GATS) and the WTO dispute settlement system. The argument distinguishes between the effects of international

  10. 75 FR 25311 - Requested Administrative Waiver of the Coastwise Trade Laws

    Science.gov (United States)

    2010-05-07

    .... ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws... Gurland, Secretary, Maritime Adminstration. [FR Doc. 2010-10903 Filed 5-6-10; 8:45 am] BILLING CODE 4910...

  11. 75 FR 4449 - Requested Administrative Waiver of the Coastwise Trade Laws

    Science.gov (United States)

    2010-01-27

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2010-0002] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Notice; correction. SUMMARY: On January 15, 2010, the Maritime Administration published notice of...

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

    Energy Technology Data Exchange (ETDEWEB)

    Jacobs, Max

    2016-07-01

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

  13. The evolution of the doctrine of restraint of trade in Australia: a law reform perspective

    OpenAIRE

    Cheng, John Wei-Ting

    2017-01-01

    This thesis examines the present state of the common law doctrine of restraint of trade from a law reform perspective. The doctrine was developed in England between the 1600s and mid-1800s and its evolution over the centuries has been a slow and ongoing process. The present state of the doctrine and its application in the Australian jurisdiction presents a challenging set of circumstances due to the difficulties faced by contracting parties when they wish to engage in restraint of trade. ...

  14. The End of Trade and Investment Law as We Know it

    DEFF Research Database (Denmark)

    Kjær, Poul F.

    Trade and investment law (TIL) does not operate in a vacuum. A rethinking of TIL can only be done on the basis of an understanding of the structural composition and direction world society is taking. Both orthodox and heterodox TIL relies on assumptions concerning the state of the world and the d......Trade and investment law (TIL) does not operate in a vacuum. A rethinking of TIL can only be done on the basis of an understanding of the structural composition and direction world society is taking. Both orthodox and heterodox TIL relies on assumptions concerning the state of the world...... the control of lawyers. The hegemony of the legal discipline has been broken and the economics discipline now rules the world. Without a fundamental change to the status and internal composition of the economics discipline the endeavor to rethink TIL is likely to be futile....

  15. 75 FR 4449 - Requested Administrative Waiver of the Coastwise Trade Laws; Correction

    Science.gov (United States)

    2010-01-27

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2010-0001] Requested Administrative Waiver of the Coastwise Trade Laws; Correction AGENCY: Maritime Administration, Department of Transportation. ACTION: Notice; correction. SUMMARY: On January 15, 2010, the Maritime Administration published...

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

    DEFF Research Database (Denmark)

    Brehm, Maya

    2007-01-01

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

  17. 19 CFR 213.2 - Definitions.

    Science.gov (United States)

    2010-04-01

    ... UNITED STATES INTERNATIONAL TRADE COMMISSION INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE TRADE... advice to interested parties concerning the remedies and benefits available under the trade laws... small businesses that seek to obtain remedies and benefits under the trade laws. The Office's address is...

  18. Remedies to Fraud in Documentary Letters of Credit: A Comparative Perspective / Opravné Opatrenia Pri Podvodoch S Dokumentárnymi Akreditívami: Komparatívna Perspektíva

    Directory of Open Access Journals (Sweden)

    Alavi Hamed

    2016-06-01

    Full Text Available Article 4 of the Unified Customs and Practices of Documentary Letters of Credit establishes the notion of autonomy principle by separating credit from underlying contract between account party and beneficiary. Article 5 by recognizing the autonomy principle confirms that effectuate the payment under credit, banks only deal with documents and not with goods. As a result, while documentary letters of credit are meant to facilitate the process of international trade, their sole dependency on compliance of presented documents to bank by beneficiary to actualize the payment will increase the risk of fraud and forgery in the course of their operation. Interestingly, UCP (currently UCP600 takes a silent status regarding the problem of fraud in international LC operation and leaves the ground open for national laws to provide remedies to affected parties by fraudulent beneficiary. National Laws have different approaches to the problem of fraud in general and fraud in international LC operation in particular which makes the access of affected parties to possible remedies complicated and difficult. Current paper tries to find answer to the questions of (i what available remedies are provided to affected parties in international LC fraud by different legal systems? (ii And what are conditions for benefiting from such remedies under different legal systems? In achieving its objective, paper will be divided in two main parts to study remedies provided by intentional legal frameworks as well as the ones offered by national laws. Part one will study the position of UCP and UNCITRAL Convention on Independent Guarantees and Standby Letters of Credit (UNCITRAL Convention and remedies, which they provide to LC fraud in international trade. Part two in contrary will study available remedies to LC fraud and condition for access them under English and American legal system.

  19. Trade Secret Law and Information Systems: Can Your Students Keep a Secret?

    Science.gov (United States)

    Willey, Lorrie; Ford, Janet C.; White, Barbara Jo; Clapper, Danial L.

    2011-01-01

    The impact of intellectual property (IP) law on information systems (IS) professionals in business cannot be overstated. The IS 2010 model curriculum guidelines for undergraduate IS programs stress the importance of information security and knowledge about IP. While copyright and patents are the most well-known types of IP, another, trade secrets,…

  20. Trade law and alcohol regulation: what role for a global Alcohol Marketing Code?

    Science.gov (United States)

    Mitchell, Andrew D; Casben, Jessica

    2017-01-01

    Following calls for restrictions and bans on alcohol advertising, and in light of the tobacco industry's challenge to Australia's tobacco plain packaging measure, a tobacco control measure finding support in the World Health Organization (WHO) Framework Convention on Tobacco Control, this paper considers what role, if any, an international alcohol marketing code might have in preventing or reducing the risk of challenges to domestic alcohol marketing restrictions under trade rules. Narrative review of international trade and health instruments and international trade court judgements regarding alcohol products and marketing restrictions. The experience of European trade courts in the litigation of similar measures suggests that World Trade Organization rules have sufficient flexibility to support the implementation of alcohol marketing restrictions. However, the experience also highlights the possibility that public health measures have disproportionate and unjustifiable trade effects and that the ability of a public health measure to withstand a challenge under trade rules will turn on its particular design and implementation. Measures implemented pursuant to international public health instruments are not immune to trade law challenges. Close collaboration between health policymakers, trade officials and lawyers, from as early as the research stage in the development of a measure to ensure a robust evidence base, will ensure the best chance of regulatory survival for an international marketing code. © 2016 Society for the Study of Addiction.

  1. The teaching/research trade-off in law: data from the right tail.

    Science.gov (United States)

    Ginsburg, Tom; Miles, Thomas J

    2015-02-01

    There is a long scholarly debate on the trade-off between research and teaching in various fields, but relatively little study of the phenomenon in law. This analysis examines the relationship between the two core academic activities at one particular school, the University of Chicago Law School, which is considered one of the most productive in legal academia. We measure of scholarly productivity with the total number of publications by each professor for each year, and we approximate performance in teaching with course loads and average scores in student evaluations for each course. In OLS regressions, we estimate scholarly output as a function of teaching loads, faculty characteristics, and other controls. We also estimate teaching evaluation scores as a function of scholarly productivity, fixed effects for years and course subject, and faculty characteristics. Net of other factors, we find that, under some specifications, research and teaching are positively correlated. In particular, we find that students' perceptions of teaching quality rises, but at a decreasing rate, with the total amount of scholarship. We also find that certain personal characteristics correlate with productivity. The recent debate on the mission of American law schools has hinged on the assumption that a trade-off exists between teaching and research, and this article's analysis, although limited in various ways, casts some doubt on that assumption. © The Author(s) 2014.

  2. The seller's liability for material defects of the goods and the buyer's legal remedies in that case

    Directory of Open Access Journals (Sweden)

    Jovičić Katarina

    2014-01-01

    Full Text Available When the seller, in the sales contracts, delivers the goods with material deficiencies than the buyer will be entitled to use certain legal remedies against him. No legal system today questions this right of the buyer, but neither are the same legal remedies available to him everywhere, nor are the conditions under which they can be used the same. Substantial differences on this issue are noted between continental laws and common laws, but even the legal systems belonging to the same group do not have identical rules about them. That, to a significant extent, may be explained by the fact that the development path of the seller's responsibility for material defects in comparative law was not the same and for that reason an overview of that issue is given at the beginning of this paper. This is followed by the author's analysis of the buyer's notification on the defects of the goods as a condition for the seller's liability for material defects, and then the differences between systems of legal remedies of the buyer in continental and common laws are given, as well as solutions in several characteristic national laws within each group of laws. Rules of the Vienna Convention on contracts for the international sale of goods are exposed as a separate issue, keeping in mind their importance which is, above all, reflected in their impact on changes in national legislation in this area of law. In the conclusion it is noted that these changes flow toward the harmonization of the laws of the sale of goods, which facilitates trade and promotes economic prosperity.

  3. Trade Remedies: A Primer

    National Research Council Canada - National Science Library

    Jones, Vivian C

    2008-01-01

    ....) authorize the imposition of duties if (1) the International Trade Administration (ITA) of the Department of Commerce determines that foreign merchandise is being, or likely to be sold in the United States at less than fair value, and (2) the U.S...

  4. Trade Remedies: A Primer

    National Research Council Canada - National Science Library

    Jones, Vivian C

    2007-01-01

    ....) authorize the imposition of duties if (1) the International Trade Administration (ITA) of the Department of Commerce determines that foreign merchandise is being, or likely to be sold in the United States at less than fair value, and (2) the U.S...

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

    Energy Technology Data Exchange (ETDEWEB)

    Retsch, Alexander T.

    2014-07-01

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

  6. 31 CFR 357.10 - Laws governing a Treasury book-entry security, TRADES, and security interests or entitlements.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Laws governing a Treasury book-entry... PUBLIC DEBT REGULATIONS GOVERNING BOOK-ENTRY TREASURY BONDS, NOTES AND BILLS HELD IN LEGACY TREASURY DIRECT Treasury/Reserve Automated Debt Entry System (TRADES) § 357.10 Laws governing a Treasury book...

  7. Principle of progressive (gradual use of contractual remedies

    Directory of Open Access Journals (Sweden)

    Bazil OGLINDĂ

    2014-12-01

    Full Text Available In this study, we intend to answer to the question whether, in the modern contract law, in general, and in Romanian contract law, in particular, the creditor may resort almost discretionary to remedies (contractual sanctions such as termination, rescission without being opposed that he should have resorted to other more appropriate remedies. In order to answer to this question, we find it extremely useful to define the term of contractual remedy and to analyse the correlation of this principle with other principles of modern contract law. Also, last but not least, we intend to define the principle of progressive (gradual use of the contractual remedies and to detail the vocation (legal nature of this principle in the modern contract law, having as starting point the provisions of the new Romanian Civil Code.

  8. 19 CFR 210.67 - Remedy, the public interest, and bonding.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 3 2010-04-01 2010-04-01 false Remedy, the public interest, and bonding. 210.67 Section 210.67 Customs Duties UNITED STATES INTERNATIONAL TRADE COMMISSION INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE ADJUDICATION AND ENFORCEMENT Temporary Relief § 210.67 Remedy, the public interest...

  9. 77 FR 31432 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PASSION; Invitation for...

    Science.gov (United States)

    2012-05-25

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0062] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PASSION; Invitation for Public Comments AGENCY... PASSION is: Intended Commercial Use of Vessel: ``Bareboat chartering, sailing classes.'' Geographic Region...

  10. 76 FR 75948 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHRYSALIS; Invitation for...

    Science.gov (United States)

    2011-12-05

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2011 0149] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHRYSALIS; Invitation for Public Comments AGENCY... CHRYSALIS is: Intended Commercial Use of Vessel: ``Weekly charter vessel.'' Geographic Region: ``Florida...

  11. 78 FR 39061 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MISTRESS MALLIKA; Invitation...

    Science.gov (United States)

    2013-06-28

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0076] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MISTRESS MALLIKA; Invitation for Public Comments AGENCY... MISTRESS MALLIKA is: Intended Commercial Use Of Vessel: ``Pleasure Charters''. Geographic Region: Rhode...

  12. 78 FR 46410 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel IMPOSSIBLE DREAM; Invitation...

    Science.gov (United States)

    2013-07-31

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0084] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel IMPOSSIBLE DREAM; Invitation for Public Comments AGENCY... of the vessel IMPOSSIBLE DREAM is: Intended Commercial Use of Vessel: ``Day, Multiple Day, Week...

  13. Diagnostic overview of the illegal trade in primates and law enforcement in Peru.

    Science.gov (United States)

    Shanee, Noga; Mendoza, A Patricia; Shanee, Sam

    2017-11-01

    Peru has one of the richest primate faunas of any country. The illegal trade in wild primates is one of the largest threats to this fauna in Peru. We characterize the illegal trade in primates through empirical and ethnographic data. We collected data from traffic routes and centers throughout Peru and evaluate current efforts to combat this traffic. Based on our findings from 2,070 instances of wildlife crime involving 6,872 primates, we estimate the domestic trade in primates for pets and bushmeat in Peru in the hundreds of thousands per year, with the larger bodied Atelidae facing the highest direct consequences. We found that government authorities lack sufficient staff, capacity, resources, infrastructure, and protocols to efficiently combat illegal trade in primates. Also, the complicated legal framework and lack of cooperation and antagonism with the public further limit these efforts. Wildlife authorities in Peru are able to confiscate only a fraction of primates traded and mostly intervene in cases of private pet owners rather than traffickers. We estimate that the current rate of illegal trade in primates is comparable to levels of trade prior to the 1973 ban on primates' exportation. The combination of direct observations on primate trade and ethnographic data allows a comprehensive look at primate trade in Peru. We call upon decision makers and international funders to channel their efforts toward "on the ground" actions such as increasing the ability of the authorities to act, giving them "in action" training in law enforcement and establishing strict control measures against corruption. Am. J. Primatol. 79:e22516, 2017. © 2015 Wiley Periodicals, Inc. © 2015 Wiley Periodicals, Inc.

  14. 76 FR 75949 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PANGAEA; Invitation for...

    Science.gov (United States)

    2011-12-05

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2011 0150] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PANGAEA; Invitation for Public Comments AGENCY... PANGAEA is: Intended Commercial Use of Vessel: ``We would like to offer Pangaea for day [[Page 75950...

  15. 15 CFR 700.74 - Violations, penalties, and remedies.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Violations, penalties, and remedies. 700.74 Section 700.74 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE NATIONAL SECURITY INDUSTRIAL BASE...

  16. 76 FR 79764 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel DREAM CATCHER; Invitation for...

    Science.gov (United States)

    2011-12-22

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2011-0156] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel DREAM CATCHER; Invitation for Public Comments AGENCY... DREAM CATCHER is: INTENDED COMMERCIAL USE OF VESSEL: ``Passenger charter.'' GEOGRAPHIC REGION: ``Georgia...

  17. 78 FR 19066 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MI CASA; Invitation for...

    Science.gov (United States)

    2013-03-28

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0035] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MI CASA; Invitation for Public Comments AGENCY... CASA is: Intended Commercial Use of Vessel: Passenger charters. Geographic Region: Massachusetts, New...

  18. 77 FR 35743 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND CHANCE; Invitation for...

    Science.gov (United States)

    2012-06-14

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0067] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND CHANCE; Invitation for Public Comments AGENCY... SECOND CHANCE is: Intended Commercial Use of Vessel: ``Small group charters.'' Geographic Region...

  19. 78 FR 77200 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public...

    Science.gov (United States)

    2013-12-20

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0151] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public Comments AGENCY: Maritime... AFFAIR is: Intended Commercial Use of Vessel: ``Charter Fishing (sport) & sightseeing tours.'' Geographic...

  20. 77 FR 20100 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel NORDIC STAR; Invitation for...

    Science.gov (United States)

    2012-04-03

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2012 0039] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel NORDIC STAR; Invitation for Public Comments AGENCY... NORDIC STAR is: Intended Commercial Use of Vessel: ``Sailing excursions and extended charters...

  1. Moore's Law versus Murphy's Law: Algorithmic Trading and Its Discontents

    OpenAIRE

    Andrei A. Kirilenko; Andrew W. Lo

    2013-01-01

    Financial markets have undergone a remarkable transformation over the past two decades due to advances in technology. These advances include faster and cheaper computers, greater connectivity among market participants, and perhaps most important of all, more sophisticated trading algorithms. The benefits of such financial technology are evident: lower transactions costs, faster executions, and greater volume of trades. However, like any technology, trading technology has unintended consequenc...

  2. 78 FR 35091 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BAD INFLUENCE; Invitation for...

    Science.gov (United States)

    2013-06-11

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0072] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BAD INFLUENCE; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BAD...

  3. 77 FR 26818 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FREE SPIRIT; Invitation for...

    Science.gov (United States)

    2012-05-07

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2012-0058] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FREE SPIRIT; Invitation for Public Comments AGENCY... SPIRIT is: Intended Commercial Use of Vessel: ``Day/overnight passenger passage. Depart and return same...

  4. 78 FR 42153 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel COMPASS ROSE; Invitation for...

    Science.gov (United States)

    2013-07-15

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0081] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel COMPASS ROSE; Invitation for Public Comments AGENCY... COMPASS ROSE is: Intended Commercial Use Of Vessel: ``Sailboat charters six passengers or less...

  5. 77 FR 16582 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KAMI KAY; Invitation for...

    Science.gov (United States)

    2012-03-21

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2012-0033] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KAMI KAY; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel KAMI...

  6. 77 FR 58213 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ISLAND WATERS; Invitation for...

    Science.gov (United States)

    2012-09-19

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0095] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ISLAND WATERS; Invitation for Public Comments AGENCY... ISLAND WATERS is: Intended Commercial Use of Vessel: ``Charter to individuals in coastal waters...

  7. 78 FR 8698 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel COOL BEANS; Invitation for...

    Science.gov (United States)

    2013-02-06

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0005] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel COOL BEANS; Invitation for Public Comments AGENCY... BEANS is: Intended Commercial Use of Vessel: Sightseeing and sunset cruises. Geographic Region: Florida...

  8. 78 FR 35092 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BEAR BOAT; Invitation for...

    Science.gov (United States)

    2013-06-11

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0069] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BEAR BOAT; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BEAR...

  9. 76 FR 67253 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel THE GIFT; Invitation for...

    Science.gov (United States)

    2011-10-31

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2011 0131] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel THE GIFT; Invitation for Public Comments AGENCY... GIFT is: INTENDED COMMERCIAL USE OF VESSEL: ``Passenger carrying.'' GEOGRAPHIC REGION: ``ME, NH, MA, RI...

  10. 76 FR 70216 - Requested Administrative Waiver of the Coastwise Trade Laws; Vessel REEL ATTITUDE; Invitation for...

    Science.gov (United States)

    2011-11-10

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2011 0146] Requested Administrative Waiver of the Coastwise Trade Laws; Vessel REEL ATTITUDE; Invitation for Public Comments AGENCY... ATTITUDE is: Intended Commercial Use of Vessel: ``Fishing Charter passenger less than 6.'' Geographic...

  11. Changing Context of Trade Mark Protection in India: A Review of the Trade Marks Act, 1999

    OpenAIRE

    Pathak, Akhileshwar

    2004-01-01

    With liberalisation and globalisation of the Indian economy, it has become possible for anyone to get into production and services in most of the sectors. This has led to rampant misuse and appropriation of trade marks. In an insulated economy, with monopoly markets, law protecting trade marks had a limited role. In the changed context, however, trade mark law will be a field of much interest for academics and practitioners. Towards this, the paper explores the formation of trade mark law in ...

  12. 77 FR 26819 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE PLANET; Invitation for...

    Science.gov (United States)

    2012-05-07

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2012-0054] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE PLANET; Invitation for Public Comments AGENCY... PLANET is: Intended Commercial use of Vessel: ``Charter to Boy Scouts of America Florida Sea Base...

  13. 78 FR 25530 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE DOLPHIN; Invitation for...

    Science.gov (United States)

    2013-05-01

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0049] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE DOLPHIN; Invitation for Public Comments AGENCY... DOLPHIN is: Intended Commercial Use Of Vessel: ``Skippered daysailing in Puget Sound and San Juan Islands...

  14. 78 FR 13752 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

    Science.gov (United States)

    2013-02-28

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0013] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

  15. 77 FR 22631 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

    Science.gov (United States)

    2012-04-16

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0049] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

  16. 76 FR 67255 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KIWI CAT; Invitation for...

    Science.gov (United States)

    2011-10-31

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2011 0135] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KIWI CAT; Invitation for Public Comments AGENCY... CAT is: INTENDED COMMERCIAL USE OF VESSEL: ``Small vessel 12 person chartering service for the San...

  17. 76 FR 76812 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BARBARY GHOST; Invitation for...

    Science.gov (United States)

    2011-12-08

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2011 0148] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BARBARY GHOST; Invitation for Public Comments AGENCY... BARBARY GHOST is: Intended Commercial Use Of Vessel: ``Sightseeing tours in the San Francisco Bay for a...

  18. 78 FR 30961 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LITTLE DUTCH; Invitation for...

    Science.gov (United States)

    2013-05-23

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0057] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LITTLE DUTCH; Invitation for Public Comments AGENCY... LITTLE DUTCH is: Intended Commercial Use of Vessel: ``Carrying up to six passengers for day trips, sunset...

  19. 78 FR 33149 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CATTITUDE; Invitation for...

    Science.gov (United States)

    2013-06-03

    ... Administrative Waiver of the Coastwise Trade Laws: Vessel CATTITUDE; Invitation for Public Comments AGENCY... Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov . All comments will become part of this docket and...

  20. HIV / AIDS and the law.

    Science.gov (United States)

    1997-09-01

    Since HIV is sexually transmitted, people living with AIDS and HIV (PWA/PHA) risk being stigmatized as immoral and promiscuous and they are often discriminated against in society. To this effect, the South African AIDS Law Project and Lawyers for Human Rights have developed a comprehensive resource manual detailing human rights with a special emphasis on issues relevant to PWA/PHA. The concept of the manual aimed to look at the legal and human rights questions that have been raised by the HIV/AIDS epidemic; inform people living with HIV/AIDS about their rights and the law; provide people working in businesses, trade unions, and nongovernmental organization with information about correct and incorrect responses to HIV/AIDS; and give victims of discrimination ideas on how to fight back. This manual initially introduces basic facts about HIV and AIDS and then describes the legal system and the Bill of Rights within the new South African Constitution. The main areas of focus in the manual include: 1) patient's medical rights, 2) employment rights, 3) women's rights, 4) the rights of lesbians and gay men, 5) the rights of youth and children, 6) the rights of prisoners, 7) social support for PWA, 8) HIV/AIDS and insurance law, 9) power of attorney and making wills, 10) criminal law, and 11) legal remedies, such as using the law to protect one's rights.

  1. 77 FR 5628 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BIG GAME; Invitation for...

    Science.gov (United States)

    2012-02-03

    ... Administrative Waiver of the Coastwise Trade Laws: Vessel BIG GAME; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BIG GAME is: Intended Commercial Use of Vessel: ``Fishing charter boat.'' Geographic Region: ``Rhode Island...

  2. 78 FR 35093 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel EYE DOC; Invitation for...

    Science.gov (United States)

    2013-06-11

    ... Administrative Waiver of the Coastwise Trade Laws: Vessel EYE DOC; Invitation for Public Comments AGENCY... DOC is: INTENDED COMMERCIAL USE OF VESSEL: ``Charter fishing on Lake Erie'' GEOGRAPHIC REGION: ``Ohio..., Maritime Administration. [FR Doc. 2013-13836 Filed 6-10-13; 8:45 am] BILLING CODE 4910-81-P ...

  3. 78 FR 53004 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND WIND; Invitation for...

    Science.gov (United States)

    2013-08-27

    ... Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND WIND; Invitation for Public Comments AGENCY... SECOND WIND is: Intended Commercial Use of Vessel: ``Breakfast, lunch, and dinner cruises featuring... to the docket number of this notice and the vessel name in order for MARAD to properly consider the...

  4. 78 FR 70097 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public...

    Science.gov (United States)

    2013-11-22

    ... Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public Comments AGENCY: Maritime... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BEE...

  5. 78 FR 40265 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel HMS-DISCOVERY; Invitation for...

    Science.gov (United States)

    2013-07-03

    ... Administrative Waiver of the Coastwise Trade Laws: Vessel HMS-DISCOVERY; Invitation for Public Comments AGENCY... of the vessel HMS-DISCOVERY is: Intended Commercial Use of Vessel: ``Sight Seeing Tours''. Geographic... regulations at 46 CFR Part 388. Privacy Act Anyone is able to search the electronic form of all comments...

  6. U.S. International Trade: Trends and Forecasts

    Science.gov (United States)

    2008-11-26

    Agreements: Impact on U.S. Trade and Implications for U.S. Trade Policy, by William H. Cooper;CRS Report RL32371, Trade Remedies: A Primer, by Vivian C...initial public offering of the Blackstone Group, a U.S. private equity group. Morgan Stanley research estimates that such sovereign wealth funds could

  7. International trade and investment law: a new framework for public health and the common good.

    Science.gov (United States)

    Delany, Louise; Signal, Louise; Thomson, George

    2018-05-08

    International trade and investment agreements can have positive outcomes, but also have negative consequences that affect global health and influence fundamental health determinants: poverty, inequality and the environment. This article proposes principles and strategies for designing future international law to attain health and common good objectives. Basic principles are needed for international trade and investment agreements that are consistent with the common good, public health, and human rights. These principles should reflect the importance of reducing inequalities, along with social and environmental sustainability. Economic growth should be recognised as a means to common good objectives, rather than an end in itself. Our favoured approach is both radical and comprehensive: we describe what this approach would include and outline the strategies for its implementation, the processes and capacity building necessary for its achievement, and related governance and corporate issues. The comprehensive approach includes significant changes to current models for trade and investment agreements, in particular (i) health, social and environmental objectives would be recognised as legitimate in their own right and implemented accordingly; (ii) changes to dispute-resolution processes, both state-to-state and investor-state; (iii) greater deference to international legal frameworks for health, environmental protection, and human rights; (iv) greater coherence across the international law framework; (v) limitations on investor privileges, and (vi) enforceable corporate responsibilities for contributing to health, environmental, human rights and other common good objectives. We also identify some limited changes that could be considered as an alternative to the proposed comprehensive approach. Future research is needed to develop a range of model treaties, and on the means by which such treaties and reforms might be achieved. Such research would focus also on

  8. LCA of Soil and Groundwater Remediation

    DEFF Research Database (Denmark)

    Søndergaard, Gitte Lemming; Owsianiak, Mikolaj

    2018-01-01

    Today, there is increasing interest in applying LCA to support decision-makers in contaminated site management. In this chapter, we introduce remediation technologies and associated environmental impacts, present an overview of literature findings on LCA applied to remediation technologies...... and present methodological issues to consider when conducting LCAs within the area. Within the field of contaminated site remediation , a terminology distinguishing three types of environmental impacts: primary, secondary and tertiary, is often applied. Primary impacts are the site-related impacts due...... and efficiency of remediation, which are important for assessment or primary impacts; (ii) robust assessment of primary impacts using site-specific fate and exposure models; (iii) weighting of primary and secondary (or tertiary) impacts to evaluate trade-offs between life cycle impacts from remediation...

  9. 78 FR 19068 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel GOLDEN BOY II; Invitation for...

    Science.gov (United States)

    2013-03-28

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0036] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel GOLDEN BOY II; Invitation for Public Comments AGENCY... GOLDEN BOY II is: Intended Commercial Use Of Vessel: Limited charter of passengers for luxury day...

  10. 78 FR 19362 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel W.L. STEWART III; Invitation...

    Science.gov (United States)

    2013-03-29

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0026] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel W.L. STEWART III; Invitation for Public Comments AGENCY.... STEWART III is: Intended Commercial Use of Vessel: ``Yacht Club Regatta and Sailing Instruction Support...

  11. 78 FR 14413 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for...

    Science.gov (United States)

    2013-03-05

    ... Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for Public Comments AGENCY... should refer to docket number MARAD-2013-0019. Written comments may be submitted by hand or by mail to... LUCKY DUCK is: Intended Commercial Use Of Vessel: ``The vessel is to be operated as a sailing...

  12. Managing the trade-public health linkage in defence of trade ...

    African Journals Online (AJOL)

    Managing the trade-public health linkage in defence of trade liberalisation and ... of United States-measures affecting the production and sale of clove cigarettes. ... Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad.

  13. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

    Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

  14. 78 FR 78338 - Japan-U.S. Decommissioning and Remediation Fukushima Recovery Forum Tokyo, Japan February 18-19...

    Science.gov (United States)

    2013-12-26

    ... DEPARTMENT OF COMMERCE International Trade Administration Japan-U.S. Decommissioning and Remediation Fukushima Recovery Forum Tokyo, Japan February 18-19, 2014 AGENCY: International Trade... Japan-United States Decommissioning and Remediation Fukushima Recovery Forum (``Fukushima Recovery Forum...

  15. 77 FR 49059 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHAT DE MER; Invitation for...

    Science.gov (United States)

    2012-08-15

    ... Administrative Waiver of the Coastwise Trade Laws: Vessel CHAT DE MER; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel CHAT... Francisco Bay. Geographic Region: ``California.'' The complete application is given in DOT docket MARAD-2012...

  16. Regulatory on the corporate social responsibility in the context of sustainable development by mandatory in the world trade organization law perspective (case study in Indonesia

    Directory of Open Access Journals (Sweden)

    SH. M. Hum. TAUFIQURRAHMAN

    2013-12-01

    Full Text Available Regulatory on the Corporate Social Responsibility (CSR by mandatory in Indonesia as stipulated in Article 74 of Law No. 40/2007 on the Limited Liability Company (hereafter the Company Law raises a contradiction. Those who agree argue that the company is not solely for profit, but more than that are participating in social issues and the preservation of the environment within the framework of sustainable development. Conversely, those who disagree view that social issues and the environment are the full responsibility of state. The involvement of a corporation in social and environmental activities is voluntary. Verdict of the Indonesian Constitutional Court in case no. 53/PUU-VI / / 2008 dated 13 April 2009 which rejected a requesting of material test of the Article 74 paragraph (1, (2 and (3 of the Company Law confirms the existence of the CSR by mandatory in international trade traffic today. The analytical results indicates that mandatory CSR regulation in the Company Law is not a form of a state intervention to the private activities. In addition, the arrangement is not contrary to the principles of free trade within the framework of the General Agreement on Tariffs and Trade (GATT / World Trade Organization (WTO.

  17. New Technologies, New Problems, New Laws.

    Science.gov (United States)

    Recupero, Patricia R

    2016-09-01

    Forensic psychiatrists in the 21st century can expect to encounter technology-related social problems for which existing legal remedies are limited. In addition to the inadequate protection of adolescents using social media as outlined by Costello et al., current laws are often poorly suited to remedy problems such as cyberharassment, sexting among minors, and the publication of threatening or harmful communications online. Throughout history, technological developments have often preceded the introduction of new laws or the careful revision of existing laws. This pattern is evident in many of the newer social problems that involve technology, including cyberbullying, online impersonation, and revenge porn. As specialists working at the intersection of human behavior and the law, forensic psychiatrists are uniquely situated to help legal professionals and others understand the impact of internet-related problematic behaviors on victims and, perhaps, to assist in the development of new legal remedies that are better tailored to our increasingly digital society. © 2016 American Academy of Psychiatry and the Law.

  18. "O thou great God of trade, O subject of my song!" Dutch poems on trade, 1770-1830

    NARCIS (Netherlands)

    Johannes, Gert Jan; Leemans, Inger

    Between 1770 and 1830, the Dutch urgently sought to remedy the decline of their economy. Not only learned societies supplied suggestions, but also poets. Around 15 remarkably sizable poems were published that sang the praises of trade and its history. In these poems, trade was put forward as a

  19. Critiquing the Transatlantic Trade and Investment Partnership (TTIP) : Systemic Consequences for Global Governance and the Rule of Law

    NARCIS (Netherlands)

    Larik, J.E.

    2016-01-01

    Considering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article addresses some of the most pertinent systemic consequences TTIP is likely to produce, based on the

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

    Energy Technology Data Exchange (ETDEWEB)

    Kahl, Hartmut

    2008-07-01

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

  1. Remedial principles and meaningful engagement in education ...

    African Journals Online (AJOL)

    This article evaluates the meaningful engagement doctrine in the education rights jurisprudence of the Constitutional Court in the light of a set of normative principles developed by Susan Sturm for evaluating participatory public law remedies. It commences by identifying four principles for evaluating participatory remedies ...

  2. Assessing sustainable remediation frameworks using sustainability principles.

    Science.gov (United States)

    Ridsdale, D Reanne; Noble, Bram F

    2016-12-15

    The remediation industry has grown exponentially in recent decades. International organizations of practitioners and remediation experts have developed several frameworks for integrating sustainability into remediation projects; however, there has been limited attention to how sustainability is approached and operationalized in sustainable remediation frameworks and practices - or whether sustainability plays any meaningful role at all in sustainable remediation. This paper examines how sustainability is represented in remediation frameworks and the guidance provided for practical application. Seven broad sustainability principles and review criteria are proposed and applied to a sample of six international remediation frameworks. Not all review criteria were equally satisfied and none of the frameworks fully met all criteria; however, the best performing frameworks were those identified as sustainability remediation frameworks. Intra-generational equity was addressed by all frameworks. Integrating social, economic and biophysical components beyond triple-bottom-line indicators was explicitly addressed only by the sustainable remediation frameworks. No frameworks provided principle- or rule-based guidance for dealing with trade-offs in sustainability decisions. Copyright © 2016 Elsevier Ltd. All rights reserved.

  3. Trade-offs between worker risk and public risk during remediation at DOE sites

    International Nuclear Information System (INIS)

    Beam, B.N.; Morris, J.; Blaylock, B.; Travis, C.

    1995-01-01

    Within the next 30 years, the US Department of Energy (DOE) Environmental Restoration Program will be responsible for remediating thousands of waste sites across the DOE complex. A major concern during remediation will be the protection of thousands of workers engaged in the remediation. In addition to well know safety hazards associated with conventional construction operations, remedial workers at DOE will encounter radiation and chemical exposures from radioactive, hazardous, and mixed waste. Although historically represented as minimal due to a paucity of data related to worker exposures during remediation, potential worker health risk is an important factor that must be taken into account in the selection of remedial strategies, and the potential risk reduction offered by a remedial strategy must be weighed against the potential worker risk incurred during its implementation. Analysis has shown a trend that the worker risk incurred outweighs,the benefits of risk reduction to the public

  4. Trade in uranium: Tools available to address import disruption

    International Nuclear Information System (INIS)

    Bartley, W.C.

    1991-01-01

    The presentation covers five topics with respect to the international uranium market: (1) the role of the US Trade Representative (USTR) and the formulation of US trade policy; (2) US trade policy today; (3) the remedies available where imports or other countries' trading practices are damaging or may be threatening to damage US production or commerce; (4) trade policy with Eastern Europe and the Soviet Union; and (5) some remarks on trade in uranium and emerging issues

  5. New Light through Old Windows:Restraint of Trade in English, Scottish, and Australian Employment Laws - Emerging and Enduring Issues

    OpenAIRE

    Cabrelli, David; Floyd, Louise

    2010-01-01

    The nature of the study to be pursued in this article concerns the extent to which the common law systems of England and Australia contain principles or rules designed to impinge on an employer’s freedom of contract or legitimate trading interests in order to promote the ability of an employee to trade, work freely, and enjoy the benefits of his/her labour and innovations. This will entail spelling out the principal elements of both the English and Australian concepts and outlining the differ...

  6. 15 CFR 0.735-40 - Disciplinary and other remedial action.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Disciplinary and other remedial action... RESPONSIBILITIES AND CONDUCT Administration § 0.735-40 Disciplinary and other remedial action. (a) Violation of a requirement established in or pursuant to this part shall be cause for appropriate disciplinary action, which...

  7. Judicial Protection in the Field of Public Procurement: The Transposition into Dutch Law of Directive 2007/66/EC Amending the Remedies Directives

    Directory of Open Access Journals (Sweden)

    Wouter-Jan Berends

    2010-08-01

    Full Text Available Public procurement procedures in the EU are coordinated by Directives 2004/17/EC and 2004/18/EC. The acquis communautaire provides minimum requirements for review procedures against public procurement decisions in order to ensure access to effective remedies for economic operators. These minimum requirements are established in Directives 89/665/ EEC and 92/13/EEC and recently amended by Directive 2007/66/EC. The Helby report identified several substantive concerns over the Dutch proposal on the implementation the of the Remedies Directive; Wet implementatie rechtsbeschermingsrichtlijnen. Although the transposition target date has not been met, the Dutch legislature has succeeded to transpose Directive 2007/66/EC into Dutch law while addressing the concerns of the Helby report.

  8. Reception in Chile of the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency: Brief analysis of the center of main interests of the debtor as a new connecting factor

    Directory of Open Access Journals (Sweden)

    Jeremy Daniel Levy Morchio

    2015-12-01

    Full Text Available This article analyze the United Nations Commission on International Trade Law (UNCITRAL Model Law on Cross-border Insolvency and its incorporation into national law by means of the entry into force of the new Law of Insolvency and Re-entrepreneurship, paying special attention to the concept of center of main interests of the debtor, as a new factor of connection between jurisdictions. For this, we will begin with the situation of cross-border insolvency in Chile prior to the new law, will analyze the origin, structure and objectives of the model law and the way in which was introduced in Chile, to finally study the concept of center of main interests of the debtor.

  9. 32 CFR 634.10 - Remedial driver training programs.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Remedial driver training programs. 634.10 Section 634.10 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Driving Privileges § 634.10 Remedial driver training programs. (a) Navy...

  10. What's the point? The contribution of a sustainability view in contaminated site remediation.

    Science.gov (United States)

    Anderson, Robert; Norrman, Jenny; Back, Pär-Erik; Söderqvist, Tore; Rosén, Lars

    2018-07-15

    Decision support tools (DST) are often used in remediation projects to aid in the complex decision on how best to remediate a contaminated site. In recent years, the sustainable remediation concept has brought increased attention to the often-overlooked contradictory effects of site remediation, with a number of sustainability assessment tools now available. The aim of the present study is twofold: (1) to demonstrate how and when different assessment views affect the decision support outcome on remediation alternatives in a DST, and (2) to demonstrate the contribution of a full sustainability assessment. The SCORE tool was used in the analysis; it is based on a holistic multi-criteria decision analysis (MCDA) approach, assessing sustainability in three dimensions: environmental, social, and economic. Four assessment scenarios, compared to a full sustainability assessment, were considered to reflect different possible assessment views; considering public and private problem owner perspectives, as well as green and traditional assessment scopes. Four real case study sites in Sweden were analyzed. The results show that the decision support outcome from a full sustainability assessment most often differs to that of other assessment views, and results in remediation alternatives which balance trade-offs in most of the scenarios. In relation to the public perspective and traditional scope, which is seen to lead to the most extensive and expensive remediation alternatives, the trade-off is related to less contaminant removal in favour of reduced negative secondary effects such as emissions and waste disposal. Compared to the private perspective, associated with the lowest cost alternatives, the trade-off is higher costs, but more positive environmental and social effects. Generally, both the green and traditional assessment scopes miss out on relevant social and local environmental secondary effects which may ultimately be very important for the actual decision in a

  11. Unification of Patrimonial Laws Governing International Trade

    DEFF Research Database (Denmark)

    Lando, Ole

    2016-01-01

    Should the laws of the world dealing with cross-border transactions be unified? Such unification presupposes an agreement on what we understand by ‘law’ and what its sources are. The drafters of uniform laws and lawyers who are preoccupied with comparative law often ask themselves: Is there, among...... the nations, a common core of legal values? If there is, this will facilitate legal unification. It will also make the international law-making easier if, in exceptional cases, a court is permitted to disregard a legal rule....

  12. Language and the Law.

    Science.gov (United States)

    Gibbons, John

    1999-01-01

    Discusses the language of law and its general interest to the field of applied linguistics. Specific focus is on legal language, the problems and remedies of legal communication (e.g., language and disadvantage before the law, improving legal communication) the legislation of language (e.g., language rights, language crimes), and forensic…

  13. Use of LCA as decision support for the selection of remedial strategies for remediation of contaminated soil and groundwater

    DEFF Research Database (Denmark)

    Lemming, Gitte; Hauschild, Michael Zwicky; Bjerg, Poul Løgstrup

    2009-01-01

    , there is a trade-off between obtaining local beneficial effects from the remediation and generating environmental impacts on the regional and global scale due to the remedial actions. Therefore there is a need for including the impact of soil contaminants that will potentially leach to the groundwater, e......Groundwater is the dominant source of drinking water in Denmark and the general policy is to maintain the groundwater as a clean source of drinking water. The risk of groundwater contamination is therefore often the prime reason for remediating a contaminated site. Chlorinated solvents are among...... the contaminants most frequently found to be threatening the groundwater quality in Denmark and worldwide. Life cycle assessment has recently been applied as part of decision support for contaminated site management and subsurface remediation techniques. Impacts in the groundwater compartment have only gained...

  14. 48 CFR 2009.570-10 - Remedies.

    Science.gov (United States)

    2010-10-01

    ... addition to other remedies permitted by law or contract for a breach of the restrictions in this subpart or... to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts. ...

  15. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

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

  16. Remediating while preserving wetland habitat at an LLR waste site in Canada

    International Nuclear Information System (INIS)

    Kleb, H.R.; Zelmer, R.L.

    2007-01-01

    The Low-Level Radioactive Waste Management Office was established in 1982 to carry out the federal government's responsibilities for low-level radioactive (LLR) waste management in Canada. The Office operates programs to characterize, delineate, decontaminate and consolidate historic LLR waste for interim and long-term storage. In this capacity, the Office is currently considering the remediation of 9,000 cubic metres of contaminated sediment in a coastal marsh in the context of a major remediation project involving multiple urban sites. The marsh is situated between the Lake Ontario shoreline and the urban fringe of the Town of Port Hope. The marsh is designated a Cattail Mineral Shallow Marsh under the Ecological Land Classification system for Southern Ontario and was recently named the A.K. Sculthorpe Marsh in memory of a local community member. The marsh remediation will therefore require trade off between the disruption of a sensitive wetland and the removal of contaminated sediment. This paper discusses the issues and trade-off relating to the waste characterization, environmental assessment and regulatory findings and thus the remediation objectives for the marsh. Considerations include the spatial distribution of contaminated sediment, the bioavailability of contaminants, the current condition of the wetland and the predicted effects of remediation. Also considered is the significance of the wetland from provincial and municipal regulatory perspectives and the resulting directives for marsh remediation. (authors)

  17. The Adaptation Law for emissions trading. Part 2. A level playing field for emissions trading?

    International Nuclear Information System (INIS)

    Simonetti, S.

    2010-01-01

    To supplement, clarify and simplify the regulations for emission trading, the Amendment Act emission trading II was submitted to the Dutch Lower Chamber end of 2009. This article discusses the pending bill and comments on a number of remarkable stipulations that may be important to the market parties. First a brief overview is provided of the basic principles of emission trading and the players in the CO2 market. [nl

  18. Energy trading

    International Nuclear Information System (INIS)

    Glachant, J.M.; Kimman, R.; Schweickardt, H.E.

    2001-05-01

    This document brings together 18 testimonies of experts about energy trading: 1 - the energy trading experience on European deregulated markets: structure of deregulated energy markets in Europe, case study: a two years experience of a power exchange in western Europe, case study: European energy exchanges (experience of spot and future trading), case study: risk management on energy deregulated markets; 2 - the trading activity environment and realities in France: the French electrical law and the purchase for resale, experience feedback: status after 3 months of trading in France (the first experience of a French producer), the access to the power transportation network, which legal constraints for trading in France, the access of eligible clients to the French power market, conditions of implementation of a power exchange market in France, which real trading possibilities in France for producers and self-producers in the legal frame, case study: the role of trading in the company (main part or link to process), convergence of gas and electricity markets, gas-electricity trading: which pricing models; 3 - risk management and use of new technologies potentiality, the results outside the French borders: case study: what differences between the European and US markets, prices volatility and commodity risk management: towards the on-line trading, role and developments of E-business in energy trading, how to simplify trade in a liberalized market. (J.S.)

  19. Remediation of spent block in Uvanas deposit

    International Nuclear Information System (INIS)

    Nurgaziev, M.A.; Iskakov, M.M.

    2012-01-01

    In 2007 by 'Kazatomprom' and 'Mining company' board decision, the branch of 'Mining company', 'Steppe ore management body' is reorganized in structure subdivision, the basic activity of which is organization and carrying out remediation works on spent blocks of PSV uranium deposit. In 2002 works are completed on OVOS for operating deposits Uvanas, Kanjugan, Northern Karamurun and Eastern Minkuduk. The results of present work were reported in IAEA conference. The working project 'Remediation of spent blocks of PSV uranium deposit PV-17 polygon of Steppe ore management body' approved in 2005 was developed for carrying out the remediation works. Works funding were carried out from liquidation fund of the current deposit established in accordance with the Republic of Kazakhstan law 'About interior and interior use'. Deposits remediation is the part of deposit operation life cycle which obliges to operate deposits with minimum expenditures for remediation.

  20. Integrating International Business Law Concepts into a High School Business Law Course.

    Science.gov (United States)

    Golden, Cathleen J.; McDonald, Michael L.

    1998-01-01

    Outlines international business content for a high school business law curriculum: history of international business law, World Trade Organization, international disputes, contracts and sales, financing/banking, currency, taxation, intellectual property, transportation, and multinational corporations. Considers whether to teach international…

  1. Takeover bids and insider trading

    NARCIS (Netherlands)

    Nelemans, Matthijs; Bainbridge, Stephen M.

    2014-01-01

    This paper analyses the law and economics of insider trading in the context of takeover bids, focusing on the European regulatory framework. We distinguish between trading by the bidder, by the target and by classical insiders and first address the issue of precisely when information about potential

  2. Research Handbook on International Environmental Law

    NARCIS (Netherlands)

    Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

    2010-01-01

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

  3. Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies.

    Science.gov (United States)

    Baumberg, Ben; Anderson, Peter

    2008-08-01

    Many professionals in the alcohol field see the role of the the European Court of Justice (ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol policy (the 'juridification' of alcohol policy), and secondly the extent to which alcohol policy is an example of the dominance of 'negative integration' (the removal of trade-distorting policy) over 'positive integration' (the creation of European alcohol policies). A comprehensive review of all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU law and the broader health and trade field. From looking at taxation, minimum pricing, advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is unquestionable. However, the ECJ and EFTA Court have been prepared to prioritize health over trade concerns when considering alcohol policies, providing certain conditions have been met. While a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be, and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for policymakers concerned about the legality of alcohol policies under EU law. More generally, those concerned with alcohol and health should pay close attention to developments in EU law given their importance for public health policy on alcohol.

  4. 19 CFR 213.1 - Purpose and applicability of part.

    Science.gov (United States)

    2010-04-01

    ... 213.1 Customs Duties UNITED STATES INTERNATIONAL TRADE COMMISSION INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE TRADE REMEDY ASSISTANCE § 213.1 Purpose and applicability of part. (a) Section 339 of... benefits available under the trade laws identified in § 213.2(b) and the procedures to be followed and...

  5. 16 CFR 240.2 - Applicability of the law.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Applicability of the law. 240.2 Section 240.2 Commercial Practices FEDERAL TRADE COMMISSION GUIDES AND TRADE PRACTICE RULES GUIDES FOR ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.2 Applicability of the law. (a) The...

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

    Directory of Open Access Journals (Sweden)

    Aurelian Gabriel ULUITU

    2016-05-01

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

  7. Pursuing the Right to an Effective Remedy for Human Rights ...

    African Journals Online (AJOL)

    Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the realisation of the right to equality as well as the right to equal protection under the law. Cameroon, as a ...

  8. A theory of global trade law and the WTO

    NARCIS (Netherlands)

    Delimatsis, Panagiotis

    2015-01-01

    Trade regulation may never have been in more flux than it is now. Other than the emergence of ‘megaregionals’ (such as the Transatlantic Trade and Investment Partnership-TTIP or the Trans-pacific Partnership-TPP) and the difficulties in finalizing the Doha Development Agenda, increased heterogeneity

  9. Integration of biotechnology in remediation and pollution prevention activities

    International Nuclear Information System (INIS)

    Strong-Gunderson, J.M.

    1996-01-01

    The North American Free Trade Agreement/North American Agreement on Environmental Cooperation provides a mechanism for an international collaboration between the US, Canada, and Mexico to jointly develop, modify, or refine technologies that remediate or protect the environment. These countries have a vested interest in this type of collaboration because contaminants do not respect the boundaries of a manufacturing site, region, city, state, or country. The Environmental Sciences Division (ESD) at Oak Ridge National Laboratory (ORNL) consists of a diverse group of individuals who address a variety of environmental issues. ESD is involved in basic and applied research on the fate, transport, and remediation of contaminants; environmental assessment; environmental engineering; and demonstrations of advanced remediation technologies. The remediation and protection of the environment includes water, air, and soils for organic, inorganic, and radioactive contaminants. In addition to remediating contaminated sites, research also focuses on life-cycle analyses of industrial processes and the production of green technologies. The author focuses this discussion on subsurface remediation and pollution prevention; however, the research activities encompass water, soil and air and many of the technologies are applicable to all environments. The discussion focuses on the integration of biotechnology with remediation activities and subsequently linking these biological processes to other remediation technologies

  10. Law vs War: Competing Approaches to Fighting Terrorism

    National Research Council Canada - National Science Library

    Boyne, Shawn; German, Michael; Pillar, Paul R; Owens, Dallas D

    2005-01-01

    ...: Comparing Domestic Legal Remedies to an International Dilemma". The conference was sponsored by the John Bassett Moore Society of International Law, University of Virginia School of Law, in cooperation with the Strategic Studies Institute, U.S...

  11. When is public enforcement of insider trading regulations effective?

    NARCIS (Netherlands)

    Wielhouwer, J.L.

    2013-01-01

    In this paper we investigate when public enforcement of insider trading regulations reduces the amount of insider trading. We model a game between a potentially self-interested regulator enforcing insider trading laws and a trader who may be trading on inside information. We show that equilibrium

  12. Unsustainable colletion and unfair trade?

    DEFF Research Database (Denmark)

    Larsen, Helle Overgaard; Olsen, Carsten Smith

    2007-01-01

    Abstract The trade in medicinal plants for herbal remedies is large and probably increasing. The trade has attracted the attention of scientists and development planners interested in the impact on plant populations and the potential to improve rural livelihoods through community based management...... and conservation. This has resulted in a large number of publications and development activities, ranging from small NGO projects to new government policies. Through a review of 119 references from Nepal, 4 common assumptions regarding the medicinal plant collection and trade have been identified: I....... The commercial medicinal plant resource base is becoming ever more degraded as a consequence of collection; II. The medicinal plants are an open-access resource; III. Cultivation can contribute to conservation of commercially collected medicinal plant species; and IV. Medicinal plant harvesters are cheated...

  13. Essential EU Climate Law

    NARCIS (Netherlands)

    Woerdman, Edwin; Roggenkamp, Martha; Holwerda, Marijn

    2015-01-01

    This innovative textbook takes a broad approach to EU climate law and presents all available legal instruments to combat climate change, ranging from greenhouse gas emissions trading to the use of renewable energy sources and energy efficiency mechanisms. After providing a definition of climate law,

  14. 27 CFR 46.94 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

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

  15. Enforcement of emissions trading: Sanction regimes of greenhouse gas emissions trading in the EU and China

    NARCIS (Netherlands)

    Peeters, M.G.W.M.; Chen, Huizhen

    2015-01-01

    Abstract: This chapter aims to further the debate regarding the role of law for establishing an adequate enforcement strategy for an emissions trading scheme. We focus on sanction regimes within the EU ETS and the Chinese emissions trading pilot projects. Section 2 sets the scene by pointing at the

  16. Enforcement of emissions trading - sanction regimes of greenhouse gas emissions trading in the EU and China

    NARCIS (Netherlands)

    Peeters, Marjan; Chen, Huizhen; Weishaar, Stefan

    2016-01-01

    This chapter aims to further the debate regarding the role of law for establishing an adequate enforcement strategy for an emissions trading scheme. We focus on sanction regimes within the EU ETS and the Chinese emissions trading pilot projects. Section 2 sets the scene by pointing at the need of an

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

    Science.gov (United States)

    2010-04-09

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

  18. Risk analysis and the law: international law, the World Trade Organization, Codex Alimentarius and national legislation.

    Science.gov (United States)

    Horton, L R

    2001-12-01

    This paper discusses the place of risk analysis in international trade from a US perspective, through looking at the activities of the World Trade Organization and the Codex Alimentarius Commission. After examining what the trade agreements say about risk analysis and how international bodies are advancing and using risk analysis, the paper goes on to assess how risk analysis is used at a national level. Finally, recommendations are made for strengthening international food safety initiatives.

  19. The International Trade Network: weighted network analysis and modelling

    International Nuclear Information System (INIS)

    Bhattacharya, K; Mukherjee, G; Manna, S S; Saramäki, J; Kaski, K

    2008-01-01

    Tools of the theory of critical phenomena, namely the scaling analysis and universality, are argued to be applicable to large complex web-like network structures. Using a detailed analysis of the real data of the International Trade Network we argue that the scaled link weight distribution has an approximate log-normal distribution which remains robust over a period of 53 years. Another universal feature is observed in the power-law growth of the trade strength with gross domestic product, the exponent being similar for all countries. Using the 'rich-club' coefficient measure of the weighted networks it has been shown that the size of the rich-club controlling half of the world's trade is actually shrinking. While the gravity law is known to describe well the social interactions in the static networks of population migration, international trade, etc, here for the first time we studied a non-conservative dynamical model based on the gravity law which excellently reproduced many empirical features of the ITN

  20. Energy and emissions trading. Proceedings; Energie und Klimawandel. Tagungsband

    Energy Technology Data Exchange (ETDEWEB)

    Ehlers, Dirk; Wolffgang, Hans-Michael; Schroeder, Ulrich Jan (eds.)

    2010-07-01

    Within the 14th Muensteraner Foreign Trade legislation conference at 15th and 16th October, 2009 in Muenster (Federal Republic of Germany), the following lectures were held: (1) National and European energy policy (Dieter Kunhenn); (2) Trade, transport and distribution of energy - actual and future legal aspects (Markus J. Kachel); (3) Liberalization and regulation of energy services at multilateral and bilateral level (Christian Pitschas); (4) Legal protection for foreign direct investigations in the energy sector (Richard Kreindler); (5) Energy cartels in the light of the WTO law (Joerg Philipp Terhechte); (6) Subsidisation of renewable energy in the area of attention between WTO and EU subsidy law (Martin Lukas); (7) Legal aspects of pipeline through the Baltic Sea (Barbara Kaech); (8) Sustainability standards and their compatibility with the WTO law (Lorenz Franken); (9) Economic instruments between Kyoto and Kopenhagen - Quo vadis climate protection? (Benjamin Goeerlach); (10) Emissions rights trading with developing countries (Peter Ebsen); (11) Legal aspects of the European emissions rights trading (Stefan Altenschmidt).

  1. A Pluralist Approach to the Law of International Sales

    Directory of Open Access Journals (Sweden)

    Juana Coetzee

    2017-03-01

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

  2. Law across nations

    DEFF Research Database (Denmark)

    of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

  3. Evaluation of select trade-offs between ground-water remediation and waste minimization for petroleum refining industry

    International Nuclear Information System (INIS)

    Andrews, C.D.; McTernan, W.F.; Willett, K.K.

    1996-01-01

    An investigation comparing environmental remediation alternatives and attendant costs for a hypothetical refinery site located in the Arkansas River alluvium was completed. Transport from the land's surface to and through the ground water of three spill sizes was simulated, representing a base case and two possible levels of waste minimization. Remediation costs were calculated for five alternative remediation options, for three possible regulatory levels and alternative site locations, for four levels of technology improvement, and for eight different years. It is appropriate from environmental and economic perspectives to initiate significant efforts and expenditures that are necessary to minimize the amount and type of waste produced and disposed during refinery operations; or conversely, given expected improvements in technology, is it better to wait until remediation technologies improve, allowing greater environmental compliance at lower costs? The present work used deterministic models to track a light nonaqueous phase liquid (LNAPL) spill through the unsaturated zone to the top of the water table. Benzene leaching from LNAPL to the ground water was further routed through the alluvial aquifer. Contaminant plumes were simulated over 50 yr of transport and remediation costs assigned for each of the five treatment options for each of these years. The results of these efforts show that active remediation is most cost effective after a set point or geochemical quasi-equilibrium is reached, where long-term improvements in technology greatly tilt the recommended option toward remediation. Finally, the impacts associated with increasingly rigorous regulatory levels present potentially significant penalties for the remediation option, but their likelihood of occurrence is difficult to define

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

    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

  5. Distinguishing manipulated stocks via trading network analysis

    Science.gov (United States)

    Sun, Xiao-Qian; Cheng, Xue-Qi; Shen, Hua-Wei; Wang, Zhao-Yang

    2011-10-01

    Manipulation is an important issue for both developed and emerging stock markets. For the study of manipulation, it is critical to analyze investor behavior in the stock market. In this paper, an analysis of the full transaction records of over a hundred stocks in a one-year period is conducted. For each stock, a trading network is constructed to characterize the relations among its investors. In trading networks, nodes represent investors and a directed link connects a stock seller to a buyer with the total trade size as the weight of the link, and the node strength is the sum of all edge weights of a node. For all these trading networks, we find that the node degree and node strength both have tails following a power-law distribution. Compared with non-manipulated stocks, manipulated stocks have a high lower bound of the power-law tail, a high average degree of the trading network and a low correlation between the price return and the seller-buyer ratio. These findings may help us to detect manipulated stocks.

  6. A theory of power-law distributions in financial market fluctuations.

    Science.gov (United States)

    Gabaix, Xavier; Gopikrishnan, Parameswaran; Plerou, Vasiliki; Stanley, H Eugene

    2003-05-15

    Insights into the dynamics of a complex system are often gained by focusing on large fluctuations. For the financial system, huge databases now exist that facilitate the analysis of large fluctuations and the characterization of their statistical behaviour. Power laws appear to describe histograms of relevant financial fluctuations, such as fluctuations in stock price, trading volume and the number of trades. Surprisingly, the exponents that characterize these power laws are similar for different types and sizes of markets, for different market trends and even for different countries--suggesting that a generic theoretical basis may underlie these phenomena. Here we propose a model, based on a plausible set of assumptions, which provides an explanation for these empirical power laws. Our model is based on the hypothesis that large movements in stock market activity arise from the trades of large participants. Starting from an empirical characterization of the size distribution of those large market participants (mutual funds), we show that the power laws observed in financial data arise when the trading behaviour is performed in an optimal way. Our model additionally explains certain striking empirical regularities that describe the relationship between large fluctuations in prices, trading volume and the number of trades.

  7. 77 FR 14734 - Environmental Technologies Trade Advisory Committee Public Meeting

    Science.gov (United States)

    2012-03-13

    ... DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade... proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC). DATES: The... innovation in the environmental technology sector. Background: The ETTAC is mandated by Public Law 103-392...

  8. Remedies for moral damage before the European Court of Human Rights: Cyprus v. Turkey case

    Directory of Open Access Journals (Sweden)

    Đajić Sanja

    2014-01-01

    Full Text Available This article provides the overview of the Cyprus v. Turkey judgment, a recently decided case before the Grand Chamber of the European Court for Human Rights. This is the first inter-State case which ended with pecuniary judgment for moral damages. The article begins with the overview of factual and legal issues in the Cyprus v. Turkey case which is followed by contextualizing this judgment within the general legal framework regarding moral damages and remedies available. The second part provides the insight into the case law of the International Court of Justice, European Court for Human Rights and international investment arbitration in order to assess the status of moral damages under general international law. While all international courts and tribunals recognize moral damage as a cause of action, they seem to respond differently to the issue of remedies. International Court of Justice seems to favour declaratory over pecuniary judgments; European Court of Human Rights tend to award both non-pecuniary and pecuniary remedies for moral damages; international investment tribunals seem to favour pecuniary remedies for moral damages. A separate issue is whether international law permits or rather proscribes punitive damages. While the ILC finds that general international law does not allow for punitive damages there are different opinions, at least within the ECHR setting, that moral damages are inherently punitive for fault-based conduct of the responsible state.

  9. Nuclear energy - the century's principles of law and good conduct in international nuclear trade

    International Nuclear Information System (INIS)

    Coimbra, G.L.

    1992-01-01

    This paper considers the object and nature of the models of nuclear co-operation between Brazil and developed countries, with regard to the peaceful uses of nuclear energy. As an observer, the author analyses some of the juridicial and ethical aspects of the Brazilian Nuclear Programme. She examines some of the realities to be faced, and points out how important it is to anticipate and take necessary steps in order that difficulties, which are easily identifiable, may be reversed in the near future. The author also calls into question the means for reversal of the current situation, so as to satisfy the parties concerned: Brazil and her potential partners. Finally, the paper aims at complying with the conclusions reached by Working Group number 3 of the International Law Association on ''The Principles of Good Conduct in the International Nuclear Trade''. (author)

  10. The EU Greenhouse Gas Emissions Trading Scheme

    NARCIS (Netherlands)

    Woerdman, Edwin; Woerdman, Edwin; Roggenkamp, Martha; Holwerda, Marijn

    2015-01-01

    This chapter explains how greenhouse gas emissions trading works, provides the essentials of the Directive on the European Union Emissions Trading Scheme (EU ETS) and summarizes the main implementation problems of the EU ETS. In addition, a law and economics approach is used to discuss the dilemmas

  11. 7 CFR 625.15 - Violations and remedies.

    Science.gov (United States)

    2010-01-01

    ... participant by a proportion which reflects the good faith effort of the participant to comply with the cost... and all legal and equitable remedies as may be available to the United States under applicable law... material breach of the easement covenants, associated restoration agreement, or any associated contract...

  12. Background report for the uranium-mill-tailings-sites remedial-action program

    International Nuclear Information System (INIS)

    1981-04-01

    The Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604, mandates remedial action responsibilities to the Department of Energy for designated inactive uranium processing sites. To comply with the mandates of the Act, a program to survey and evaluate the radiological conditions at inactive uranium processing sites and at vicinity properties containing residual radioactive material derived from the sites is being conducted; the Remedial Action Program Office, Office of the Assistant Secretary for Nuclear Energy is implementing remedial actions at these processing sites. This report provides a brief history of the program, a description of the scope of the program, and a set of site-specific summaries for the 22 locations specified in the Act and three additional locations designated in response to Federal Register notices issued on August 17 and September 5, 1979. It is designed to be a quick source of background information on sites covered by the implementation program for Public Law 95-604

  13. The continental free trade area

    DEFF Research Database (Denmark)

    Sandrey, Ron; Jensen, Hans Grinsted

    The Trade Law Centre (tralac) has recently capitalised upon the prerelease Version 9.2 of the Global Trade Analysis Project (GTAP) database and the recent excellent data sets from the World Bank and other publishing quality data on trade barriers across the African continent. It undertook a series...... of simulations examining regional integration and intra-African trade barrier reductions. The results for tariff elimination on intra-African trade are promising. But the real news is in confirming that these barriers are not as significant as the various trade-related barriers except for tariffs. Especially...... impressive results were forecast by simulating a modest 20% reduction in the costs associated with the particular African problem of transit time delays at customs, terminals and internal land transportation. These gains are significantly above both just intraAfrican tariff elimination and what may...

  14. Scoin Trading (Pty)

    African Journals Online (AJOL)

    User

    2 Scoin Trading (Pty) Ltd v Bernstein 2011 2 SA 118 (SCA). ... Literature on the law of contract in South Africa have over the years tended to hold that fault ..... who was suddenly compelled to be absent on public business was not held to be in.

  15. Bad faith trade mark applications in China : a threat to foreign investment?

    OpenAIRE

    Elftorp, Kristian

    2012-01-01

    In a report provided by the European Chamber of Commerce in China, the problem with bad faith trade mark applications was highlighted. The report concluded that the current application of the law, combined with the procedural background constitutes an incentive rather than a deterrent for bad faith trade mark applications in China. The issue originates in Chinese defrauders conducting research among foreign companies with the intent of un- lawfully registering their trade marks in China. Sinc...

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

    Science.gov (United States)

    Pasechnyk, Olena V; Hendel, Nataliia V

    2018-01-01

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

  17. 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

  18. To trade or not to trade: Link prediction in the virtual water network

    Science.gov (United States)

    Tuninetti, Marta; Tamea, Stefania; Laio, Francesco; Ridolfi, Luca

    2017-12-01

    In the international trade network, links express the (temporary) presence of a commercial exchange of goods between any two countries. Given the dynamical behaviour of the trade network, where links are created and dismissed every year, predicting the link activation/deactivation is an open research question. Through the international trade network of agricultural goods, water resources are 'virtually' transferred from the country of production to the country of consumption. We propose a novel methodology for link prediction applied to the network of virtual water trade. Starting from the assumption of having links between any two countries, we estimate the associated virtual water flows by means of a gravity-law model using country and link characteristics as drivers. We consider the links with estimated flows higher than 1000 m3/year as active links, while the others as non-active links. Flows traded along estimated active links are then re-estimated using a similar but differently-calibrated gravity-law model. We were able to correctly model 84% of the existing links and 93% of the non-existing links in year 2011. It is worth to note that the predicted active links carry 99% of the global virtual water flow; hence, missed links are mainly those where a minimum volume of virtual water is exchanged. Results indicate that, over the period from 1986 to 2011, population, geographical distances between countries, and agricultural efficiency (through fertilizers use) are the major factors driving the link activation and deactivation. As opposed to other (network-based) models for link prediction, the proposed method is able to reconstruct the network architecture without any prior knowledge of the network topology, using only the nodes and links attributes; it thus represents a general method that can be applied to other networks such as food or value trade networks.

  19. Fluctuations of trading volume in a stock market

    Science.gov (United States)

    Hong, Byoung Hee; Lee, Kyoung Eun; Hwang, Jun Kyung; Lee, Jae Woo

    2009-03-01

    We consider the probability distribution function of the trading volume and the volume changes in the Korean stock market. The probability distribution function of the trading volume shows double peaks and follows a power law, P(V/)∼( at the tail part of the distribution with α=4.15(4) for the KOSPI (Korea composite Stock Price Index) and α=4.22(2) for the KOSDAQ (Korea Securities Dealers Automated Quotations), where V is the trading volume and is the monthly average value of the trading volume. The second peaks originate from the increasing trends of the average volume. The probability distribution function of the volume changes also follows a power law, P(Vr)∼Vr-β, where Vr=V(t)-V(t-T) and T is a time lag. The exponents β depend on the time lag T. We observe that the exponents β for the KOSDAQ are larger than those for the KOSPI.

  20. Provincial labour market study : mould remediation industry

    International Nuclear Information System (INIS)

    2003-06-01

    Indoor exposure to mold can be problematic to human health, and some molds are considered to be toxigenic. The emergent mold remediation industry in Ontario is fragmented, with various different standards, training and certification processes. This report investigated the labour market for mold remediation workers, with particular reference to training needs and priorities. Research was derived from a literature review in order to analyze the economic, legal, technical and social context of the mold remediation industry. Data on the organized work force were obtained from records of the International Union of Painters and Allied Trades, the Labour Force Historical Review 2002, and various publications. Population data from the Ontario government and Statistics Canada were also used. Surveys of workers and employers were conducted with questionnaires. Results of the surveys indicated that mold remediation projects currently constitute a minority share of most companies' business. However, the importance of mold remediation projects is expected to increase, and industry self-regulation is the most likely scenario for the development of standards and related training programs. It was suggested that the creation of an industry body representing key stakeholder constituencies or the legitimization of an existing industry organization will reduce fragmentation and facilitate research, standard setting and certification, as well as improve marketing and education. If the demand for mold remediation services increases as anticipated, the industry will face the challenge of remaining competitive in the province's projected labour market due to shortages in personnel. There was a strong consensus between employers and workers in the mold remediation industry regarding the need for skills upgrading and compulsory certification. It was concluded that leadership is needed in the development and delivery of training programs, standard setting, recruitment and retention and

  1. International Treaties Tax Law in Brazilian Law

    Directory of Open Access Journals (Sweden)

    Milena Zampieri Sellmann

    2016-06-01

    Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

  2. World Trade Organization Status of China's Trade Commitments to the United States and Other Members

    National Research Council Canada - National Science Library

    Cowles, Adam

    2000-01-01

    .... As a result, the administration has asked Congress to pass legislation that would allow the President to grant China permanent normal trade relations status, which would eliminate a potential conflict between U.S. law and U.S...

  3. The relationship between restraints of trade and garden leave ...

    African Journals Online (AJOL)

    The relationship between restraints of trade and garden leave. ... Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... The purpose of the article is to examine the relationship between a so-called "garden leave" clause and a post-termination restraint of trade clause in employment contracts, ...

  4. SOME THEORETICAL AND PRACTICAL ASPECTS CONCERNING THE NULLITY OF TRADING COMPANIES

    Directory of Open Access Journals (Sweden)

    Alexandra Gabriela Rolea

    2012-11-01

    Full Text Available Nullity is the civil legal sanction which determines the ineffectiveness of the juridical act, by depriving it of those effects that do not comply with the legal provisions enacted for its lawful conclusion. The sanction is applicable to both civil legal acts, among which the company contract, and legal entities, including trading companies, however, with different grounds and effects. In time, the legal doctrine has created a special category of commercial law nullities, with distinct features from those of common law nullities. In the new Civil code, the causes and effects of the company’s nullity have been taken in toto from the trading legislation and applied to all legal entities, irrespective of their legal status, which in turn has led to fierce controversies. The Article begins with a general overview of the causes and effects of the civil legal act’s nullity, including that of the company contract. The second part tackles the isssue of trading companies’ nullity, as well as that of all legal entities, according to both national and European legislation. The final part of the paper is dedicated to some proposals for the amendment and harmonization of the common law with the specific legislation on trading companies.

  5. Sales law in the DCFR

    NARCIS (Netherlands)

    Loos, M.B.M.; Sagaert, V.; Storme, M.; Terryn, E.

    2012-01-01

    This paper looks into several aspects of Book IV.A of the Draft Common Frame of Reference and, in particular with regard to remedies, of Book III DCFR. Where appropriate, these provisions are compared with the corresponding provisions in the Principles of European Law on Sales (PELS) and,

  6. Trade unions and the law: Victimisation and self-help remedies

    African Journals Online (AJOL)

    women. The only obvious things they have in common is that they are so- ... The power to dismiss is what constitutes the employer's power over the ...... 54 One might describe this as collective bargaining by non-participation, as distinct from.

  7. Managerial response to stockouts: the effect of remedies on consumer behavior

    Directory of Open Access Journals (Sweden)

    Ester Quirino Dias Sampaio

    2016-03-01

    Full Text Available Abstract Stockouts remain a significant problem for retail firms. Estimates of stockout rates in the past fifty years consistently averaged approximately 8 percent. The consequences of stockouts transcend the retail store to include its supporting supply chain. In addition to the effect on the behavior of consumers, stockouts can impact the firm’s replenishment policy, the level and location of inventories and the cost of emergency shipments required to replenish out-of-stock items. Although there is a substantive literature in logistics that measures the frequency of and the consumer response to stockouts, investigation of the effect of remedies on consumer response is sparse. To address this problem, the effectiveness of five remedies as tools to manage retail stockouts was investigated: apology, raincheck, home delivery, trade-up and discount. A remedy is an incentive to induce consumers to not leave a store in response to a stockout. In addition the influence of consumer characteristics (i.e., brand loyalty and shopping situations (i.e., urgency of purchase on the effect of each remedy on consumer behavior was examined. The results suggest that the remedies are usually effective. The most effective remedy is home delivery. The least effective remedy is a simple apology, which may actually increase the percentage of consumers leaving the store. The results also indicate that the urgency of the purchase and store loyalty have the most impact on remedy effectiveness. These results suggest that there are significant opportunities to use remedies as tools to manage the effect of stockouts on retail stores and their supporting supply chains.

  8. Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements Acceso a antirretrovirales genéricos: desigualdad, derecho de propiedad intelectual y acuerdos comerciales internacionales

    Directory of Open Access Journals (Sweden)

    Arachu Castro

    2007-01-01

    Full Text Available The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.Actualmente diversos países de renta media y baja están creando leyes de propiedad intelectual más rígidas, muchas veces para adaptarse a las exigencias de los tratados de "libre" comercio con los Estados Unidos. Tales medidas suelen incluir dispositivos que transcienden las normas sobre patentes negociadas recientemente en la Organización Mundial del Comercio, que prometían equilibrar las exigencias de la salud pública y las de patentes. Este artículo analiza la preocupación de que este endurecimiento restrinja el acceso a medicamentos esenciales, en particular en el contexto de la pandemia de SIDA. El artículo examina las amenazas potenciales creadas por los tratados comerciales contra los esfuerzos dirigidos para el acceso universal a los

  9. 17 CFR 200.735-13 - Disciplinary and other remedial action.

    Science.gov (United States)

    2010-04-01

    ... conflicting interest; (3) disciplinary action; or (4) disqualification for a particular assignment. Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Disciplinary and other...

  10. The trade secrets protection in U.S. and in Europe: a comparative study

    Directory of Open Access Journals (Sweden)

    Chiara Gaido

    2017-12-01

    Full Text Available Only by deeply understanding the new laws that govern trade secrets protection in the United States and Europe, companies will be able to effectively protect their own trade secrets. The purpose of this paper is to highlight the similarities and differences between both regulations to give useful guidelines to international companies who deal in both geographical areas. Therefore, the paper will focus first on the economic value of trade secrets and the costs related to cybercrime and cyberespionage. Then, it will analyze the US and EU historical legal backgrounds that brought to the adoption of both laws. Finally, this article will make a comparative analysis of the provisions in each law. Hence, the paper makes potential suggestions for companies that deal in both regimes.

  11. Environmental remediation activities at WISMUT GmbH, Germany

    International Nuclear Information System (INIS)

    Saito, Hiroshi; Takahashi, Kuniaki; Miyasaka, Yasuhiko; Yamana, Hajimu

    2007-01-01

    The WISMUT GmbH has carried out environmental remediation activities since 1991 in former GDR (German Democratic Republic) to rehabilitate the environment and landscape which have been adversely affected by decades of unrestrained mining and processing of uranium ores. It is worthy of being mentioned especially that WISMUT GmbH's sites including waste rock dump, mill tailings pond, open pit mine and water treatment facilities with an area of 3,700ha have been rehabilitated practically and extensively, and these activities are planned to terminate in 2015 except for the water treatment. For safety assessment after remediation, the value of 1mSv/y (in excess of the background level) is applied to as an individual effective dose, from the recommendation of ICRP (International Commission on Radiological Protection). This report shows a summary of environmental remediation activities carried out by the WISMUT GmbH and related regulatory laws. (author)

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1993-07-01

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

  13. Laws on technical safety. Vol. 1

    International Nuclear Information System (INIS)

    Eberstein, H.H.; Strecker, A.

    1981-01-01

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

  14. Medical rosters and the Trade Practices Act.

    Science.gov (United States)

    Pengilley, Warren

    2003-04-07

    Medical rosters are not free of trade practices problems, notwithstanding assurances by the Australian Competition and Consumer Commission (ACCC). Neither the ACCC nor the recently convened Wilkinson Committee has applied rigorous legal principles in interpreting the Trade Practices Act 1974 (Cwlth) to reach its conclusions. The Australian law should be changed to bring it into line with that of the United States and New Zealand.

  15. A pluralist approach to the Law of International Sales | Coetzee ...

    African Journals Online (AJOL)

    During the twentieth century the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement.

  16. 16 CFR 0.14 - Office of Administrative Law Judges.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Office of Administrative Law Judges. 0.14 Section 0.14 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE ORGANIZATION § 0.14 Office of Administrative Law Judges. Administrative law judges are officials to whom the...

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

    International Nuclear Information System (INIS)

    Stuhlmacher, Gerd; Stappert, Holger; Jansen, Guido

    2015-01-01

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

  18. HUMAN CAPITAL: Major Human Capital Challenges at SEC and Key Trade Agencies

    National Research Council Canada - National Science Library

    Hillman, Richard

    2002-01-01

    We appreciate the opportunity to appear here today to discuss the human capital challenges facing the agencies that play key roles in monitoring publicly traded companies and enforcing our nation's trade laws...

  19. Private Arbitration of Incidental Public Law Issues

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2009-01-01

     The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

  20. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds......-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...

  1. Multilateral, regional and bilateral energy trade governance

    Energy Technology Data Exchange (ETDEWEB)

    Leal-Arcas, Rafael; Grasso, Costantino; Rios, Juan Alemany (Queen Mary Univ. of London (United Kingdom))

    2014-12-01

    The current international energy trade governance system is fragmented and multi-layered. Streamlining it for greater legal cohesiveness and international political and economic cooperation would promote global energy security. The current article explores three levels of energy trade governance: multilateral, regional and bilateral. Most energy-rich countries are part of the multilateral trading system, which is institutionalized by the World Trade Organization (WTO). The article analyzes the multilateral energy trade governance system by focusing on the WTO and energy transportation issues. Regionally, the article focuses on five major regional agreements and their energy-related aspects and examines the various causes that explain the proliferation of regional trade agreements, their compatibility with WTO law, and then provides several examples of regional energy trade governance throughout the world. When it comes to bilateral energy trade governance, this article only addresses the European Union’s (EU) bilateral energy trade relations. The article explores ways in which gaps could be filled and overlaps eliminated whilst remaining true to the high-level normative framework, concentrating on those measures that would enhance EU energy security.

  2. WORLD TRADE ORGANIZATION: Observations on China's Rule of Law Reforms

    National Research Council Canada - National Science Library

    Westin, Susan

    2002-01-01

    .... In addition, China has made a substantial number of other WTO commitments related to the rule of law areas of transparency, judicial review, uniform enforcement of laws, and nondiscriminatory treatment...

  3. 27 CFR 31.4 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

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

  4. A FRAMEWORK FOR TRANSPARENCY IN INTERNATIONAL TRADE

    Directory of Open Access Journals (Sweden)

    Bernal Turnes, Paloma

    2015-01-01

    Full Text Available The aim of this paper is to cover the gap in literature about transparency in the context of international trade facilitation. It focuses on the importance of transparency in achieving growth in international trade and the differences between non-transparent practices and corruption in global trade. Managing the disclosure of information about rules, regulations and laws is not the only trade policy instrument where transparency becomes important. To build a framework on levels of transparency we developed a matrix classifying the transparency of each country based on ease of doing business and levels of bribery. Four different strategies are explained based on the different scenarios of transparency in international trade. The main conclusions reflect that disclosure of information is not enough to guarantee transparency and monitoring of transparency must be improved.

  5. the harmonisation and approximation of commercial laws

    African Journals Online (AJOL)

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

  6. 20 CFR 655.620 - Civil money penalties and other remedies.

    Science.gov (United States)

    2010-04-01

    ... the violator achieved a financial gain due to the violation, or the potential financial loss... remedy determined by the Administrator to be appropriate, are immediately due for payment or performance upon the assessment by the Administrator, or the decision by an administrative law judge where a...

  7. Stakeholder value-linked sustainability assessment: Evaluating remedial alternatives for the Portland Harbor Superfund Site, Portland, Oregon, USA.

    Science.gov (United States)

    Apitz, Sabine E; Fitzpatrick, Anne G; McNally, Amanda; Harrison, David; Coughlin, Conor; Edwards, Deborah A

    2018-01-01

    Regulatory decisions on remediation should consider affected communities' needs and values, and how these might be impacted by remedial options; this process requires that diverse stakeholders are able to engage in a transparent consideration of value trade-offs and of the distribution of risks and benefits associated with remedial actions and outcomes. The Stakeholder Values Assessment (SVA) tool was developed to evaluate remedial impacts on environmental quality, economic viability, and social equity in the context of stakeholder values and priorities. Stakeholder values were linked to the pillars of sustainability and also to a range of metrics to evaluate how sediment remediation affects these values. Sediment remedial alternatives proposed by the US Environmental Protection Agency (USEPA) for the Portland Harbor Superfund Site were scored for each metric, based upon data provided in published feasibility study (FS) documents. Metric scores were aggregated to generate scores for each value; these were then aggregated to generate scores for each pillar of sustainability. In parallel, the inferred priorities (in terms of regional remediation, restoration, planning, and development) of diverse stakeholder groups (SGs) were used to evaluate the sensitivity and robustness of the values-based sustainability assessment to diverse SG priorities. This approach, which addresses social indicators of impact and then integrates them with indicators of environmental and economic impacts, goes well beyond the Comprehensive Environmental Response, Compensation and Liability Act's (CERCLA) 9 criteria for evaluating remedial alternatives because it evaluates how remedial alternatives might be ranked in terms of the diverse values and priorities of stakeholders. This approach identified trade-offs and points of potential contention, providing a systematic, semiquantitative, transparent valuation tool that can be used in community engagement. Integr Environ Assess Manag 2018

  8. Dispute settlement in international space law : a multi-door courthouse for outer space

    NARCIS (Netherlands)

    Goh, Gérardine Meishan

    2007-01-01

    The rights, rules and regulations of international space law are futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a

  9. EnviroTRADE information system

    International Nuclear Information System (INIS)

    Harlan, C.; Harrington, M.W.

    1993-01-01

    Environmental Technologies for Remedial Actions Data Exchange (EnviroTRADE) is a graphical/textual information management system being developed for the cleanup program of the U.S. Department of Energy's (DOE) Weapons Complex. Its principal purpose is to provide a single, powerful, interactive database that addresses environmental restoration and waste management (ER/WM) problems and the technologies currently under development or already available to resolve them. Because the volume and complexity of the information is so large, a sophisticated Relational Database Management System (RDBMS) is employed in EnviroTRADE. EnviroTRADE will be a multi-purpose, multi-user system capable of addressing a broad range of environmental assessment and cleanup issues. An early focus for the Beta version of EnviroTRADE has been to find matches between specific environmental problems at particular sites (e.g., in terms of waste composition and form) and available and new technologies suited to solve problems. The current prototype EnviroTRADE database includes both U.S. and foreign problems and technologies. A Beta version was developed and demonstrated during FY92 and was expanded in FY93. This system was delivered to EM-523 as a stand-alone resident system for demonstration and feedback purposes. The resident system demonstrates the feasibility of this kind of multi-purpose system and also provides a test bed for refining the system architecture. As the architecture and database grow, an increasing range of possible applications is envisioned. The ability to import very large quantities of graphical, textual, and numerical information into the database is of particular importance. Since a great deal of appropriate data already exists in various electronic formats, a rapid expansion into EnviroTRADE-accessible data is possible without relying on manual entry methods

  10. Legal remedies in the proceedings before the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2014-01-01

    Full Text Available Legal remedies applied in the proceedings before the Court of Justice of the European Union have some distinctive features as compared to the legal remedies used in the national judicial systems. At first, the communitarian justice system originally did not envisage the possibility of filing an appeal with this Court as a regular legal remedy but there were other remedies that could be pursued in respect of the judgments issued by the Court. After the establishment of the Court of First Instance, the Procedural Law of the European Union introduced the possibility of filing an appeal with the Court of Justice against the judgments of the Court of First Instance. Later, the Court of First Instance became competent to decide on appeals against the judgments rendered by the judicial panels, which were established in the meantime. The Court of First Instance and judicial panels reserved the possibility of using other legal remedies against the final decisions rendered by these judicial authorities. In this respect, the Lisbon Treaty did not bring any significant changes, except that the Court of First Instance was renamed into the General Court whereas the judicial panels were designated as specialized courts. Taking into account the system of legal remedies recognized by the Procedural Law of the European Union, the first part of the paper deals with appeals as a regular legal instrument for bringing the case before a higher instance court which is to review the judgment of a lower instance court, including appeals against the decisions of the General Court and specialized courts. In the second part of the paper, the authors focus on the legal remedies which are awarded by the same court that issued the judgment. This category includes the application of a third party and revision, which may be considered as extraordinary legal remedies, as well as the objection against the judgment by default, judgment interpretation, judgment rectification and

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

    International Nuclear Information System (INIS)

    Nicklisch, F.

    1984-01-01

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

  12. Trade Secrets in Life Science and Pharmaceutical Companies

    Science.gov (United States)

    Nealey, Tara; Daignault, Ronald M.; Cai, Yu

    2015-01-01

    Trade secret protection arises under state common law and state statutes. In general, a trade secret is information that is not generally known to the public and is maintained as a secret, and it provides a competitive advantage or economic benefit to the trade secret holder. Trade secrets can be worth tens or hundreds of millions of dollars, and damage awards in trade secret litigation have been high; often, there is a lot at stake. Obtaining a trade secret through “improper means” is misappropriation. If the alleged trade secret, however, was developed independently, known publicly, or not maintained as a secret, then those defenses may successfully overcome a claim for trade secret misappropriation. With today’s interconnectedness in the biotechnology and pharmaceutical fields, more collaborations, joint ventures, and outsourcing arrangements among firms, and increased mobility of employees’ careers, life science companies need to not only understand how to protect their trade secrets, but also know how to defend against a claim for trade secret theft. PMID:25414378

  13. Trade secrets in life science and pharmaceutical companies.

    Science.gov (United States)

    Nealey, Tara; Daignault, Ronald M; Cai, Yu

    2014-11-20

    Trade secret protection arises under state common law and state statutes. In general, a trade secret is information that is not generally known to the public and is maintained as a secret, and it provides a competitive advantage or economic benefit to the trade secret holder. Trade secrets can be worth tens or hundreds of millions of dollars, and damage awards in trade secret litigation have been high; often, there is a lot at stake. Obtaining a trade secret through "improper means" is misappropriation. If the alleged trade secret, however, was developed independently, known publicly, or not maintained as a secret, then those defenses may successfully overcome a claim for trade secret misappropriation. With today's interconnectedness in the biotechnology and pharmaceutical fields, more collaborations, joint ventures, and outsourcing arrangements among firms, and increased mobility of employees' careers, life science companies need to not only understand how to protect their trade secrets, but also know how to defend against a claim for trade secret theft. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

  14. Breach of information duties in the B2C e-commerce: adequacy of available remedies

    Directory of Open Access Journals (Sweden)

    Zofia Bednarz

    2016-07-01

    Full Text Available

    B2C e-commerce is characterised by the information asymmetry between the contracting parties. Various information duties are imposed on traders, both at the European and national level to correct this asymmetry and to ensure proper market functioning. The mandated disclosure is based on the assumption of consumers' rationality. However, developments of behavioural economics challenge this assumption. The utility of mandated disclosure in consumer contracts depends also on the remedies available to consumers in a case of breach of information duties. Those remedies are often heavily influenced by the national general private law applicable to the contractual relationship between the parties. Nevertheless, since the economics of general contract law differ importantly from principles of consumer e-commerce, various problems can be associated with the application of general law remedies to the breach of information duties in B2C contracts. The limited value of the majority of the online B2C transactions is incompatible with costly and lengthy court proceedings. Moreover, breach of information duties will often not produce enough material damage on the side of the consumer to make the remedies available. Different solutions are explored, from ADR, to the duty to advise, to non-legal mechanisms making the information easier to use for consumers throughlimiting disclosure. Finally, the right of withdrawal is analysed as an example of a specific remedy, adapted to the economics of the B2C electronic transactions, where the aims parties pursue through contracts are different than in commercial contracts, and their relationship is marked with the inequality of economic power and information asymmetry. However, the legally established cooling-off period is not free from limitations, and only a combination of various measures, including effective

  15. Identification of specific requirements for a NASA aerospace law information system and identification of the acquisition requirements for an aerospace law collection for the NASA law library

    Science.gov (United States)

    Morenoff, J.; Roth, D. L.; Singleton, J. W.

    1972-01-01

    The study to develop, implement, and maintain a space law library and information system is summarized. The survey plan; major interviews with individuals representative of potential sources, users and producers of information related to aerospace law; and system trade-off analyses are discussed along with the NASA/RECON system capability. The NASA publications of STAR and IAA are described, and the NASA legal micro-thesaurus is included.

  16. Specific performance as a primary remedy in the South African law of contract

    Directory of Open Access Journals (Sweden)

    Jean Chrysostome Kanamugire

    2015-07-01

    Full Text Available Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances. Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract. The defendant does not enjoy any choice in this matter. As a general rule, specific performance is not often awarded in the contract of services. However, recent developments have demonstrated that specific performance will usually be granted in employment contracts if there is equality of bargaining power among contracting parties and such order will not produce undue hardship to the defaulting party. Public policy generally favours the utmost freedom of contract and requires that parties should respect or honour their contractual obligations in commercial transactions. Public policy is rooted in the constitution and can sparingly be used to strike down contracts. Specific performance should not continue to be a primary remedy for breach of contract. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract

  17. Recurrence interval analysis of trading volumes.

    Science.gov (United States)

    Ren, Fei; Zhou, Wei-Xing

    2010-06-01

    We study the statistical properties of the recurrence intervals τ between successive trading volumes exceeding a certain threshold q. The recurrence interval analysis is carried out for the 20 liquid Chinese stocks covering a period from January 2000 to May 2009, and two Chinese indices from January 2003 to April 2009. Similar to the recurrence interval distribution of the price returns, the tail of the recurrence interval distribution of the trading volumes follows a power-law scaling, and the results are verified by the goodness-of-fit tests using the Kolmogorov-Smirnov (KS) statistic, the weighted KS statistic and the Cramér-von Mises criterion. The measurements of the conditional probability distribution and the detrended fluctuation function show that both short-term and long-term memory effects exist in the recurrence intervals between trading volumes. We further study the relationship between trading volumes and price returns based on the recurrence interval analysis method. It is found that large trading volumes are more likely to occur following large price returns, and the comovement between trading volumes and price returns is more pronounced for large trading volumes.

  18. The Principles of the Consumer Right Protection in Electronic Trade: A Comparative Law Analysis

    OpenAIRE

    Elena Anatolyevna Kirillova, Elena Anatolyevna Shergunova1, Elena Stepanovna Ustinovich, Nikolay Nikolaevich Nadezhin, Lyubov Borisovna Sitdikova

    2017-01-01

    This paper investigates the speci嘜cs of electronic trade and the issues of protecting the rights of online-consumers, considers their rights and obligations, since we all face a radically new phenomenon in the sphere of trade – An unprecedented boom of electronic trade (e-commerce), based on the use of the Internet for concluding transactions and operations in the systems of wholesale and retail trade. The means of electronic communication provide broad opportunities for direct co...

  19. 16 CFR 305.23 - Effect on other law.

    Science.gov (United States)

    2010-01-01

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

  20. Voluntary program promotes equitable and expedited remediation of contaminated properties

    Energy Technology Data Exchange (ETDEWEB)

    Wolfenden, A.K.; Cambridge, M. [California Environmental Protection Agency, Sacramento, CA (United States). Dept. of Toxic Substances Control

    1995-12-31

    In California, the California Environmental Protection Agency (Cal/EPA) has developed a more equitable and expedited approach for the redevelopment of sites contaminated with hazardous substances. Senate Bill 923 enacted in 1994, established the Expedited Remedial Action Program (ERAP) under Chapter 6.85 of the California Health and Safety Code. This bill responds to a nationwide demand to reform Superfund laws and promote the restoration of blighted and contaminated parcels--often referred to as Brownfields. The program was designed as an alternative to CERCLA, which has come under criticism for being inefficient, unfair and restricting opportunities for effective cleanups. Cal/EPA`s Department of Toxic Substances Control will implement this pilot program. This pilot program, which will eventually comprise 30 sites, provides incentives for voluntary remediation by addressing key economic issues associated with the remediation and redevelopment of contaminated properties.

  1. Private law

    DEFF Research Database (Denmark)

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

  2. Rules of Origin: Conceptual Explorations and Lessons from the Generalized System of Preferences

    OpenAIRE

    Ujiie, Teruo

    2006-01-01

    Customs valuation, commodity classification system, and rules of origin are the three basic customs laws. Rules to determine a country of origin, or "nationality" of a country of production of goods, are called "rules of origin." They are widely used in international trade in the application of different tariffs, trade remedy measures, tariff quotas, and trade statistics. With the globalization of economic activities resulting in outsourcing of materials as well as the global proliferation of...

  3. The Rights Granted to Trade Unions Under the Companies Act 71 of ...

    African Journals Online (AJOL)

    With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the ...

  4. To fail is human: remediating remediation in medical education.

    Science.gov (United States)

    Kalet, Adina; Chou, Calvin L; Ellaway, Rachel H

    2017-12-01

    Remediating failing medical learners has traditionally been a craft activity responding to individual learner and remediator circumstances. Although there have been moves towards more systematic approaches to remediation (at least at the institutional level), these changes have tended to focus on due process and defensibility rather than on educational principles. As remediation practice evolves, there is a growing need for common theoretical and systems-based perspectives to guide this work. This paper steps back from the practicalities of remediation practice to take a critical systems perspective on remediation in contemporary medical education. In doing so, the authors acknowledge the complex interactions between institutional, professional, and societal forces that are both facilitators of and barriers to effective remediation practices. The authors propose a model that situates remediation within the contexts of society as a whole, the medical profession, and medical education institutions. They also outline a number of recommendations to constructively align remediation principles and practices, support a continuum of remediation practices, destigmatize remediation, and develop institutional communities of practice in remediation. Medical educators must embrace a responsible and accountable systems-level approach to remediation if they are to meet their obligations to provide a safe and effective physician workforce.

  5. Cut and Run: Illegal Logging and Timber Trade in the Tropics | IDRC ...

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

    Illegal logging and trade in timber is a major cause of forest degradation in the world ... But controlling this global problem is not a simple matter of enacting new laws ... practices in the logging industry and timber trade of four tropical countries.

  6. Information needs for problem holders/solution providers: EnviroTRADE

    International Nuclear Information System (INIS)

    Robson, W.M.; Harrington, M.W.; Harlan, C.P.

    1994-01-01

    EnviroTRADE (or Environmental Technologies for Remedial Actions Data Exchange) is a domestic and international information system that matches environmental problems with potential technologies solutions by combining state of the art information management techniques, graphical interfaces and a Geographic Information System (GIS). Its search and match algorithms locate technologies relevant to specific environmental problems and identify sites where technology may be applicable. EnviroTRADE also provides many other kinds of database searches and reports. EnviroTRADE is a graphical/textural information management system being developed for the cleanup program of US Department of energy's nuclear weapons complex. Its principal purpose is to provide a single, powerful, interactive data source on the many environmental restoration and waste management (ER/WM) problems and on the technologies currently under development and available to resolve them. Because the volume and complexity of the information is so large, a sophisticated Relational database Management System (RDBMS) is employed for EnviroTRADE which accommodates graphical images, technical data, structured textural descriptions, and a variety of advanced multi-media data types. EnviroTRADE is a multi-purpose, multi-user system capable of addressing a broad range of environmental assessment and cleanup issues

  7. Information needs for problem holders/solution providers: EnviroTRADE

    Energy Technology Data Exchange (ETDEWEB)

    Robson, W.M. [Lawrence Livermore National Lab., CA (United States); Harrington, M.W.; Harlan, C.P. [Sandia National Labs., Livermore, CA (United States)

    1994-12-31

    EnviroTRADE (or Environmental Technologies for Remedial Actions Data Exchange) is a domestic and international information system that matches environmental problems with potential technologies solutions by combining state of the art information management techniques, graphical interfaces and a Geographic Information System (GIS). Its search and match algorithms locate technologies relevant to specific environmental problems and identify sites where technology may be applicable. EnviroTRADE also provides many other kinds of database searches and reports. EnviroTRADE is a graphical/textural information management system being developed for the cleanup program of US Department of energy`s nuclear weapons complex. Its principal purpose is to provide a single, powerful, interactive data source on the many environmental restoration and waste management (ER/WM) problems and on the technologies currently under development and available to resolve them. Because the volume and complexity of the information is so large, a sophisticated Relational database Management System (RDBMS) is employed for EnviroTRADE which accommodates graphical images, technical data, structured textural descriptions, and a variety of advanced multi-media data types. EnviroTRADE is a multi-purpose, multi-user system capable of addressing a broad range of environmental assessment and cleanup issues.

  8. The Transatlantic Trade and Investment Partnership (TTIP)

    OpenAIRE

    Arnim, Rudi von; Beck, Stefan; Compa, Lance; Eberhardt, Pia; Grumiller, Jan; Raza, Werner; Taylor, Lance; Tröster, Bernhard; Scherrer, Christoph

    2014-01-01

    The United States of America and the European Union are currently negotiating a Transatlantic Trade and Investment Partnership (TTIP). It is one of the most ambitious free trade and investment initiatives, going much further than eliminating tariffs. TTIP mainly aims at reducing “non-tariff barriers”. While tariffs on goods have been imposed with an eye to foreign competition, most of the non-tariff barriers are the laws and regulations that are the result of social struggles for the protecti...

  9. Trade Secrets in the Legal Studies Curriculum--A Case Study

    Science.gov (United States)

    Evans, Michelle

    2012-01-01

    Trade secrets can be a valuable company asset because of their potential to last forever. Unfortunately, along with such a significant benefit, there is also a significant risk--the risk that the trade secret can be lost in an instant if it is not sufficiently protected. Companies must be vigilant in protecting these secrets. However, the law is…

  10. Electricity trade under financial market supervision; Der Stromhandel unter Finanzmarktaufsicht

    Energy Technology Data Exchange (ETDEWEB)

    Hagena, Martin

    2011-07-01

    With the competitive opening of the electricity market at European and national level, the goods electricity became a freely traded commodity. The author of the contribution under consideration describes the legal consequences related to financial market for trading electricity in the context of the current Directive 2004/39/EC now under consideration of the commodity futures trading in its representational scope. The statements clearly indicate that the power market is a goods market with its own laws and not a classical financial market. It considers what characteristics exist in electricity trading and whether and how they are considered for regulatory purposes.

  11. The Government's Role in Facing the Injustice of Global Trade

    OpenAIRE

    Sood, Muhammad

    2013-01-01

    Despite the controversy about the liberalization of trade, however the government of Indonesia has ratified the WTO provisions by the discharge of the Act Number 7 Year 1994 concerning the Agreement on establishment of the World Trade Organization. This is a fact of law that formed base on the political will of the Indonesian government to encourage the free trade system as an impact of the circulation of the vital flow of goods, services, capital and labor among countries in both the regiona...

  12. Shareholders rights and remedies (comparative law perspective

    Directory of Open Access Journals (Sweden)

    Yuliya Lapina

    2016-11-01

    Full Text Available The main aim is to discuss shareholder rights protection in Ukraine and Germany, which have the same Civil law legal system. Our contribution outlines, systemizes and accesses approaches how critical and weak issues in the area of shareholder protection are resolved in both countries using the mechanisms of corporate governance. Using Germany as a benchmark, the paper identifies that the most important and efficient mechanisms of shareholders rights protection, which can be implemented in Ukrainian companies are the following: principle of equal treatment and duty of loyalty which should be fixed in the legislation; enhancing the role of the National Securities and Stock Market Commission; introduction of the derivative suit system.

  13. The trading relationship between the EU and Mercosur: the mediatory role of Brazil

    OpenAIRE

    Santos, Filipa Daniela Gomes dos

    2015-01-01

    Dissertação de mestrado em European and Transglobal Business Law The global multilateralism has been the option for the expansion of trade and economic investments. The objectives of free trade exceeded the traditional notion of trade in goods liberalization to include contemporary topics such as services, investment and intellectual property and to be consistent with the rules established by the World Trade Organization (WTO). The interest of developing countries to impleme...

  14. Employees, Trade Secrets and Restrictive Covenants

    NARCIS (Netherlands)

    Kamperman Sanders, Anselm; Heath, C.

    2017-01-01

    The book covers the protection of trade secrets and the law on post-contractual non-compete clauses (restrictive covenants) in an employment context. The topic is approached on an international and comparative level (chapters 1–3 and 10), and by way of country reports covering several European and

  15. Rules-of-trade for international nuclear commerce

    International Nuclear Information System (INIS)

    Harris, W.R.

    1978-07-01

    The rules-of-trade are those treaties, laws, executive agreements, and implementing regulations that apply to international transfers of nuclear materials, equipment, technology, or skilled personnel. The rules-of-trade are a key element in assuring the international commerce that facilitates deployment of nuclear energy will not also facilitate the manufacture of nuclear explosive devices. But the rules must be pertinent, enforceable, and understandable. The two principal problems of current rules-of-trade concern their enforceability and their flexibility; these are discussed at some length. The following additional concerns are described briefly: fast breeder reactors, spent fuel management, nonconforming parties, eligibility for international financing, fair competition and equity, and pre-existing facilities

  16. Applicable or relevant and appropriate requirements (ARARs) for remedial actions at the Paducah Gaseous Diffusion Plant: A compendium of environmental laws and guidance

    International Nuclear Information System (INIS)

    Etnier, E.L.; Eaton, L.A.

    1992-03-01

    Section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 specifies that remedial actions for cleanup of hazardous substances found at sites placed on the National Priorities List (NPL) by the US Environmental Protection Agency (EPA) must comply with applicable or relevant and appropriate requirements (ARARs) or standards under federal and state environmental laws. To date, the US Department of Energy (DOE) Paducah Gaseous Diffusion Plant (PGDP) has not been on the NPL. Although DOE and EPA have entered into an Administrative Consent Order (ACO), the prime regulatory authority for cleanup at PGDP will be the Resource Conservation and Recovery Act (RCRA). This report supplies a preliminary list of available federal and state ARARs that might be considered for remedial response at PGDP in the event that the plant becomes included on the NPL or the ACO is modified to include CERCLA cleanup. A description of the terms ''applicable'' and ''relevant and appropriate'' is provided, as well as definitions of chemical-, location-, and action-specific ARARS. ARARs promulgated by the federal government and by the state of Kentucky are listed in tables. In addition, the major provisions of RCRA, the Safe Drinking Water Act, the Clean Water Act, the Clean Air Act, and other acts, as they apply to hazardous and radioactive waste cleanup, are discussed

  17. KEWENANGAN OTORITAS JASA KEUANGAN MENGENAI PERLINDUNGAN HUKUM BAGI INVESTOR TERHADAP TINDAKAN TIPPEE YANG MELAKUKAN INSIDER TRADING DALAM PERDAGANGAN SAHAM

    Directory of Open Access Journals (Sweden)

    Made Dwi Juliana

    2015-07-01

    Full Text Available One type of a criminal in the capital market is the practice of  insider trading. Insider trading is an act that involves a group of insider in the capital market who deliberately exploit information that has not been released to investors with the advantages. In insider trading there are two actors such as party directly as an insider who works in the company or indirect as tippee party who obtain confidential information from an insider. Tippee is the party who receives confidential information from an insider either passively or actively against the law or not against the law for personal gain in the stock trading. This is very detrimental to the investors in the stock trading. Because of that if needs the protection for investors against the actions of the Tippee.  This study discusses two (2 problem first about the subject matter of the action form Tippee in insider trading to the stock at Indonesia and the second about OJK authority on legal protection for investors in case of insider trading by the Tippee in capital market activities. This research is a normative law. The Method approach is the approach of legislation, conceptual approach and comparative approach. Legal materials used are primary and secondary legal materials. Mechanical collection of legal materials is through the study of literature that further uses analysis techniques that description techniques and interpretation. The results shows that this form of action Tippee can be done actively and passively. Actively to perform an unlawful act such as stealing information. In is not trying to fight the law, but to obtain inside information and legal safeguards for investors to act with regard to insider trading Tippee do give legal certainty through legislation and legal certainty by the OJK through law enforcement

  18. Deliverables and Pledges under Ethiopian Trade Competition Law

    African Journals Online (AJOL)

    Elias N. Stebek

    Code of 1960, special legislation on mandatory safety standards, Ethiopia's criminal law and .... mainstream in countries such as (West) Germany during the post-World War II era until the Mid ..... nature or system of manufacturing or manufacturing place or content or suitableness for ..... Generating an entrepreneurial class.

  19. The Treaty of Tordesillas and the (reInvention of International Law in the Age of Discovery

    Directory of Open Access Journals (Sweden)

    Tatiana Waisberg

    2017-05-01

    Full Text Available This paper aims to investigate some of the main features of sixteenth century international law in order to challenge traditional international law foundations. By exploring concrete cases, and indicating situations in which state and non-state actors resorted to international norms in order to promote trade and celebrate peace treaties, it is inquired whether some pre-Westphalia international trade and warfare practices may be defined as the beginning of “modern” international law.

  20. 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).

  1. Emissions trading for climate policy - US and European perspectives

    Energy Technology Data Exchange (ETDEWEB)

    Bernd Hansjuergens (ed.) [Martin Luther-Universitaet Halle-Wittenburg (Germany)

    2005-07-01

    The 1997 Kyoto Conference introduced emissions trading as a new policy instrument for climate protection. Bringing together scholars in the fields of economics, political science and law, this book provides a description, analysis and evaluation of different aspects of emissions trading as an instrument to control greenhouse gases. The authors analyse theoretical aspects of regulatory instruments for climate policy, provide an overview of US experience with market-based instruments, draw lessons from existing trading schemes for the control of greenhouse gases, and discuss options for emissions trading in climate policy. They also highlight the background of climate policy and instrument choice in the US and Europe and of the emerging new systems in Europe, particularly the new EU's directive for a CO{sub 2} emissions trading system. 8 figs., 15 tabs.

  2. IMPLEMENTATION OF TRADE LAWS: IMPLICATIONS IN THE PRICE CONTROL POLICY OF COMMUNITY NEEDS

    Directory of Open Access Journals (Sweden)

    Engkus Engkus

    2018-01-01

    Full Text Available [Implementation Of Trade Laws: Implications In The Price Control Policy Of Community Needs] Issuing the act no 7 year 2014 about tade, Indonesia has new hope to design the obscene of social basic requirements were going on all this time. The main problem in the research that “increasing and decreasing pricefluctuatively” has became repeatedly in Ramadhan. It has been caused by some factors: Unbalancing Supply and demand not done optimally yet. The aim of the research to collect data, facta and problems analyses them and directly or indirectlywe want to know and increase for academic nuance as theorital, also who want to know about them deeply. The research is qualitative research, using the technical of theresearch are observation, interview, documental history and documental audio visual. The results of research, before, at the moment, after Ramadhan, the price of social basic requirements still increasely and fluctuatively. Government intervention, by short term policy not touched social basic requirements continously yet. So piling them were not clearness of official. Raring supply, increasing demand, It has been caused by social increasing consumption, Finally high increasing price. Conclusion: The price control social basic requirements policy, complately by redesign comprehensive, transparancy, participative and continuosly policy, from central government to local government towards nation autonomy in food. Keywords: Increasing Price, clearness of official, Control.

  3. 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.

  4. The wine trade, piracy and maritime contract law in late medieval Southampton

    OpenAIRE

    Pamuk, Fatih

    2014-01-01

    Ankara : The Department of History, İhsan Doğramacı Bilkent University, 2014. Thesis (Master's) -- Bilkent University, 2014. Includes bibliographical references leaves 102-105. In late medieval Southampton, wine was a commodity, which was extensively traded, and quite precious to the pirates of the English Channel because it was easy to sell and the vessels loaded with wine had less protection than the ships of precious metals. Therefore, increase of wine trade in the late m...

  5. EU Energy Law. Volume 4. The EU Greenhouse Gas Emissions Trading Scheme

    International Nuclear Information System (INIS)

    Delbeke, J.; Hartridge, O.; Lefevere, J.; Meadows, D.; Runge-Metzger, A.; Slingenberg, Y.; Vainio, M.; Vis, P.; Zapfel, P.

    2006-06-01

    Gives valuable insights in the why's, how's, trade-offs, and critical design choices of the Emission Trading System of the European Union (EU ETS). The chapters deal with (1) The EU ETS: the result of a decade of policy action on the economic dimension of EU environmental policy; (2) The international climate policy developments of the 1990s: UNFCCC, the Kyoto Protocol, the Marrakech Agreements and the EU's Kyoto ratification decision; (3) Emissions trading: What is it? Design options and misconceptions; (4) The EU ETS Directive 2003/87/EEC explained; (5) The EU ETS Linking Directive explained; (6) The economic efficiency benefits of the EU ETS; (7) The NAP I experience; (8) The key importance of the Registry Regulation and of solid monitoring and verification; and (9) The potential role of the EU ETS for the elaboration of the post-2012 international climate regime. Conclusions are in chapter 10

  6. The observable defects and the proper functioning guarantee in trading

    Directory of Open Access Journals (Sweden)

    Jorge Oviedo Albán

    2014-12-01

    Full Text Available This paper discusses two legal mechanisms for buyer´s protection contained in the Colombian Commercial Code, parallel to building regulations, because of hidden defects in the sale, which are: guarantee by observable defects at delivery and guarantee for proper functioning. The author analyzes the poor way such actions are enshrined in the Code as a consequence of a fragmented and dispersed regime for defective compliance actions in the laws of Private Law. This paper proposes a reinterpretation of such actions from the perspective of the lack of conformity that is based on a unified system of remedies for breach, concepts embodied in modern instruments of contract law.

  7. Annual status report on the inactive uranium mill tailings sites remedial action program

    Energy Technology Data Exchange (ETDEWEB)

    1979-12-01

    Assessments of inactive uranium mill tailings sites in the United States led to the designation of 25 processing sites for remedial action under the provisions of Section 102(a) Public Law 95-604. The Department of Energy assessed the potential health effects to the public from the residual radioactive materials on or near the 25 sites; and, with the advice of the Environmental Protection Agency, the Secretary established priorities for performing remedial action. In designating the 25 sites and establishing the priorities for performing remedial action, the Department of Energy consulted with the Environmental Protection Agency, Nuclear Regulatory Commission, Department of the Interior, governors of the affected States, Navajo Nation, and appropriate property owners. Public participation in this process was encouraged. During Fiscal Year 1980, Department of Energy will be conducting surveys to verify the radiological characterization at the designated processing sites; developing cooperative agreements with the affected States; and initiating the appropriate National Environmental Policy Act documentation prior to conducting specific remedial actions.

  8. A Comparative Analysis of the Ethos, Role and Function of Implied Obligations in Shipping Law and General Law of Contract

    OpenAIRE

    Ndi, George; Alawneh, Tariq

    2015-01-01

    The law governing the international carriage of goods by sea is deeply rooted in the doctrine of freedom of contract. The historical origins of the shipping industry itself can be traced to the era of 'laissez faire' in which contractual practice, based on negotiated terms and conditions, was free from the regulatory constraints of the state. It is for this reason that to this day modern shipping law is still rooted in the common law and customary trade usages with very limited statutory infl...

  9. Ukraine's Membership in the World Trade Organization

    Directory of Open Access Journals (Sweden)

    Sergio Marchi

    2004-02-01

    Full Text Available The WTO is a multilateral organization that seeks to ensure that international trade relations are governed by the rule of law and not by the rule of power. It comprises a network of contractual rules and commitments capable of being monitored and enforced multilaterally. Ukraine’s accession to the WTO has been marked by notable achievements in the areas of legislation and bilateral agreements with member-states regarding market access. Outstanding issues in Ukraine’s accession include agriculture, industry policy, trade-related investment measures (TRIMs, technical barriers to trade (TBT, sanitary and phyto-sanitary (SPS measures, and intellectual property rights. While completion of the process relies on Ukraine’s efforts alone, progress is being made and is expected to reach a successful conclusion.

  10. Measurable inhomogeneities in stock trading volume flow

    Science.gov (United States)

    Cortines, A. A. G.; Riera, R.; Anteneodo, C.

    2008-08-01

    We investigate the statistics of volumes of shares traded in stock markets. We show that the stochastic process of trading volumes can be understood on the basis of a mixed Poisson process at the microscopic time level. The beta distribution of the second kind (also known as q-gamma distribution), that has been proposed to describe empirical volume histograms, naturally results from our analysis. In particular, the shape of the distribution at small volumes is governed by the degree of granularity in the trading process, while the exponent controlling the tail is a measure of the inhomogeneities in market activity. Furthermore, the present case furnishes empirical evidence of how power law probability distributions can arise as a consequence of a fluctuating intrinsic parameter.

  11. 300-FF-1 remedial design report/remedial action work plan

    Energy Technology Data Exchange (ETDEWEB)

    Gustafson, F.W.

    1997-02-01

    The 300 Area has been divided into three operable units 300-FF-1, 300-FF-2, and 300-FF-5 all of which are in various stages of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) process. The 300-FF-1 Operable Unit, the subject of this report, includes liquid waste disposal sites, landfills, and a burial ground. This Remedial Design Report/Remedial Action Work Plan (RDR/RAWP) provides a summary description of each waste site included in the 300-FF-1 Operable Unit, the basis for remedial actions to be taken, and the remedial action approach and management process for implementing these actions. The remedial action approach and management sections provide a description of the remedial action process description, the project schedule, the project team, required planning documentation, the remedial action change process, the process for verifying attainment of the remedial action goals, and the required CERCLA and RCRA closeout documentation. Appendix A provides additional details on each waste site. In addition to remediation of the waste sites, waste generated during the remedial investigation/feasibility study portions of the project will also be disposed at the Environmental Restoration Disposal Facility (ERDF). Appendix B provides a summary of the modeling performed in the 300-FF-1 Phase 3 FS and a description of the modeling effort to be used to show attainment of the remedial action goals. Appendix C provides the sampling and analysis plan (SAP) for all sampling and field-screening activities performed during remediation and for verification of attainment with the remedial action goals. Appendix D provides the public involvement plan, prepared to ensure information is provided to the public during remedial design and remedial action processes.

  12. 300-FF-1 remedial design report/remedial action work plan

    International Nuclear Information System (INIS)

    Gustafson, F.W.

    1997-02-01

    The 300 Area has been divided into three operable units 300-FF-1, 300-FF-2, and 300-FF-5 all of which are in various stages of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) process. The 300-FF-1 Operable Unit, the subject of this report, includes liquid waste disposal sites, landfills, and a burial ground. This Remedial Design Report/Remedial Action Work Plan (RDR/RAWP) provides a summary description of each waste site included in the 300-FF-1 Operable Unit, the basis for remedial actions to be taken, and the remedial action approach and management process for implementing these actions. The remedial action approach and management sections provide a description of the remedial action process description, the project schedule, the project team, required planning documentation, the remedial action change process, the process for verifying attainment of the remedial action goals, and the required CERCLA and RCRA closeout documentation. Appendix A provides additional details on each waste site. In addition to remediation of the waste sites, waste generated during the remedial investigation/feasibility study portions of the project will also be disposed at the Environmental Restoration Disposal Facility (ERDF). Appendix B provides a summary of the modeling performed in the 300-FF-1 Phase 3 FS and a description of the modeling effort to be used to show attainment of the remedial action goals. Appendix C provides the sampling and analysis plan (SAP) for all sampling and field-screening activities performed during remediation and for verification of attainment with the remedial action goals. Appendix D provides the public involvement plan, prepared to ensure information is provided to the public during remedial design and remedial action processes

  13. 16 CFR 304.4 - Application of other law or regulation.

    Science.gov (United States)

    2010-01-01

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

  14. 17 CFR 240.10b5-2 - Duties of trust or confidence in misappropriation insider trading cases.

    Science.gov (United States)

    2010-04-01

    ... in misappropriation insider trading cases. 240.10b5-2 Section 240.10b5-2 Commodity and Securities... Devices and Contrivances § 240.10b5-2 Duties of trust or confidence in misappropriation insider trading... of insider trading under Section 10(b) of the Act and Rule 10b-5. The law of insider trading is...

  15. Financial power laws: Empirical evidence, models, and mechanisms

    International Nuclear Information System (INIS)

    Lux, Thomas; Alfarano, Simone

    2016-01-01

    Financial markets (share markets, foreign exchange markets and others) are all characterized by a number of universal power laws. The most prominent example is the ubiquitous finding of a robust, approximately cubic power law characterizing the distribution of large returns. A similarly robust feature is long-range dependence in volatility (i.e., hyperbolic decline of its autocorrelation function). The recent literature adds temporal scaling of trading volume and multi-scaling of higher moments of returns. Increasing awareness of these properties has recently spurred attempts at theoretical explanations of the emergence of these key characteristics form the market process. In principle, different types of dynamic processes could be responsible for these power-laws. Examples to be found in the economics literature include multiplicative stochastic processes as well as dynamic processes with multiple equilibria. Though both types of dynamics are characterized by intermittent behavior which occasionally generates large bursts of activity, they can be based on fundamentally different perceptions of the trading process. The present paper reviews both the analytical background of the power laws emerging from the above data generating mechanisms as well as pertinent models proposed in the economics literature.

  16. Global trade and health: key linkages and future challenges.

    Science.gov (United States)

    Bettcher, D W; Yach, D; Guindon, G E

    2000-01-01

    Globalization of trade, marketing and investment has important implications for public health, both negative and positive. This article considers the implications of the single package of World Trade Organization (WTO) agreements for public health research and policy, focusing on three themes: commodities, intellectual property rights, and health services. The main aims of the analysis are as follows: to identify how trade issues are associated with the transnationalization of health risks and possible benefits; to identify key areas of research; and to suggest policy-relevant advice and interventions on trade and health issues. The next wave of international trade law will need to take more account of global public health issues. However, to become more engaged in global trade debates, the public health community must gain an understanding of the health effects of global trade agreements. It must also ensure that its own facts are correct, so that public health is not blindly used for political ends, such as justifying unwarranted economic protectionism. "Healthy trade" policies, based on firm empirical evidence and designed to improve health status, are an important step towards reaching a more sustainable form of trade liberalization.

  17. How do international trade obligations affect policy options for obesity prevention? Lessons from recent developments in trade and tobacco control.

    Science.gov (United States)

    von Tigerstrom, Barbara

    2013-06-01

    Regulatory measures, including taxes and subsidies on food and beverage products, food labelling requirements, regulation of food content and regulation of food marketing, have been proposed to encourage healthier eating and prevent obesity. The objective of this article is to explore the extent to which international trade agreements affect governments' choices to use such regulatory measures. It reviews key provisions of relevant World Trade Organization (WTO) agreements and their implications. Some insights can be gained by examining 2 recent developments in the WTO regarding tobacco control: a current dispute involving Australia's plain packaging law and its effect on trademarks, and a recent decision involving the United States law banning flavoured cigarettes. This decision said that the ban did not restrict trade more than necessary to fulfil its legitimate health objective, but it was discriminatory because it banned imported products (clove cigarettes) while exempting domestic products (menthol cigarettes) with similar characteristics. The conclusion we can draw from this decision is that WTO member states probably enjoy a significant degree of latitude in developing food regulations as part of an obesity prevention strategy, so long as those do not disproportionately affect imported products and therefore raise questions of discrimination. The approach taken in this case encourages the adoption of public health policies that are consistent with strong scientific evidence, but may restrict governments' ability to make political compromises, which could frustrate some proposals. The ongoing development of WTO law will continue to affect policy choices in public health. Copyright © 2013 Canadian Diabetes Association. Published by Elsevier Inc. All rights reserved.

  18. Corruption in law enforcement: a paradigm of occupational stress and deviancy.

    Science.gov (United States)

    McCafferty, F L; McCafferty, M A

    1998-01-01

    In the closed society of a law enforcement agency, factors such as the conspiracy of silence, authoritarian supervision, and police discretion contribute to corruption. This article describes various types of corrupt behavior by police officers, reports the incidence of corruption in law enforcement agencies, discusses psychiatric conditions that may arise from corruption and also contribute to further corruption, and reviews proposed remedies for corruption. It also suggests that an understanding of corruption in law enforcement might be helpful in understanding, correcting, and preventing corruption in other professions, including medicine.

  19. Environmental health: an analysis of available and proposed remedies for victims of toxic waste contamination

    International Nuclear Information System (INIS)

    Hurwitz, W.J.

    1981-01-01

    Past and present residents of the Love Canal area near Niagara Falls, New York, fear that they and their homes have been contaminated by toxic wastes seeping out from nearby chemical disposal sites. Hundreds of landfills nationwide are as potentially dangerous as Love Canal. In the absence of a statutory remedy, victims of contamination must rely upon common law theories of lability in order to recover damages for injuries suffered as a result of toxic waste contamination. This Note examines the merits and deficiencies of four common law theories: negligence, strict liability, nuisance and trespass. The Note concludes that none of these remedies is adequate to assure recovery to a person injured by toxic waste disposal, and recommends that legislation be adopted to ensure that victims of toxic waste contamination can be compensated for their injuries

  20. Applicable or relevant and appropriate requirements (ARARs) for remedial actions at the Portsmouth Gaseous Diffusion Plant: A compendium of environmental laws and guidance

    International Nuclear Information System (INIS)

    Houlberg, L.M.; Eaton, L.A.; Martin, J.A.; McDonald, E.P.; Etnier, E.L.

    1992-02-01

    Section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA) specifies that remedial actions for cleanup of hazardous substances must comply with applicable or relevant and appropriate requirements (ARARs) or standards under federal and state environmental laws. Although the US Department of Energy (DOE) Portsmouth Gaseous Diffusion Plant (PORTS) has not at this time been proposed for inclusion on the US Environmental Protection Agency National Priorities List, under Sect. I of an administrative consent order signed by DOE and the US Environmental Protection Agency on September 29, 1989, effective October 4, 1989, any necessary response actions at PORTS stipulated in the administrative consent order must be performed in a manner consistent with the Resource Conservation and Recovery Act of 1976 and CERCLA. Section 121 of CERCLA calls for the preparation of a draft listing of all ARARs. This report supplies a preliminary list of available federal and state ARARs that might be considered for remedial response at PORTS. A description of the terms ''applicable'' and ''relevant and appropriate'' is provided, as well as definitions of chemical-, location-, and action-specific ARARs. ARARs promulgated by the federal government and by the state of Ohio are listed in tables. In addition, the major provisions of the Resource Conservation and Recovery Act, Safe Drinking Water Act, Clean Water Act, and other acts, as they apply to hazardous waste cleanup, are discussed

  1. 271 A New Approach in the Social Field – Law No. 62/2011

    Directory of Open Access Journals (Sweden)

    Radu Răzvan Popescu

    2012-05-01

    Full Text Available Law no. 62/2011 of social dialogue, as it was regulated by the lawmaker, comes and reuniteswithin it a series of fundamental institutions in social matters, such as: social dialogue (trade unions,employees’ representatives, owners’ associations, the Economic and Social Council, the collectiveemployment contract, labour conflicts and, not lastly, a series of elements pertaining to labour jurisdiction. Itthus abrogates the old regulations in the matter: Law no. 54/2003 with respect to trade unions, Law no.356/2001 regarding owners’ associations, Law no. 109/1997 regarding the organizing and functioning of theEconomic and Social Council, Law no. 130/1996 with respect to the collective employment contracts, Lawno. 168/1999 regarding the settling of labour conflicts and Government Decision (G.D. no. 369/2009regarding the establishment and functioning of the social dialogue commissions at the level of the centralpublic administration and at the territorial level.

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

    International Nuclear Information System (INIS)

    Irie, Kazutomo

    2011-01-01

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

  3. Law of the energy economy. A practical manual. 2. ed.; Recht der Energiewirtschaft. Praxishandbuch

    Energy Technology Data Exchange (ETDEWEB)

    Schneider, J.P. [Osnabrueck Univ. (Germany); Theobald, C. (eds.)

    2008-07-01

    The handbook under consideration describes the substantive law of the electricity market and gas market in a form understandable for laymen. After an introductory presentation of the technical-economical, national and European fundamentals of the energy law, contributions follow to the topics: (a) Adjustment of market structures and market participants; (b) Planning and permission of energy installations; (c) Questions of licensing and expropriation; (d) Rules for energy trade and emissions trading, grid operation and grid utilization; (e) Energy authorities and adjustment procedures; (f) Promotion of renewable energies, combined heat and power generation and energy conservation as well as current expensive law. The manual considers comprehensively the legal and energy-industry developments since the fundamental revised version of the power industry law.

  4. Remediation of the low-level radioactive waste tailing pond at Kowary, Poland

    International Nuclear Information System (INIS)

    Goerner, R.; Hartsch, J.; Koszela, J.; Krzyskow, A.; Machniewicz, B.; Sennewald, R.; Sowa, J.

    2002-03-01

    The last remaining uranium mining tailing pond in Poland, situated at Kowary, was the subject of the Kowary Tailing Pond Remediation Programme financed by Polish public bodies (70%) and by the European Commission (30%) within the framework of its programme of co-operation on radioactive waste issues with candidate countries. The EC-part of the project comprised investigations of the site, project management duties and large-scale civil works following the initial remediation planning performed by the Wroclaw University of Technology (WUT) in 1998-2000. The EC-part was contracted to G.E.O.S. Freiberg Ingenieurgesellschaft mbH following an Open Call for Tender launched by the European Commission in 1999. The following general tasks were performed in close co-operation with WUT, with the construction works subcontracted to local companies, as proposed in the Terms of Reference (TOR) of the EC-part: review of General Remediation Plan (GRP), technical design of the pond cover, construction work: internal drainage system, pond cover and site reclamation. From the information in the TOR, the following aims of remediation were defined: minimise the detrimental impact of the tailing pond on the environment, provide long-term stability of the slopes surrounding the pond, ensure the remediated site is in harmony with the surrounding natural scenery. Based on the experience gathered in similar projects, which had been running under PHARE-MCE or which belonged to the WISMUT-remediation programme in Germany, cost efficient remediation solutions were designed in close co-operation with all involved parties. They were delineated in the detailed planning documents approved in the overall remediation programme managed by WUT. The planned remediation works were prepared and performed successfully according to Polish law and in agreement with the competent local authorities. The aims of remediation were met. However, some additional tasks have been recommended in zones adjacent to the

  5. Access to an Effective Remedy and Reparations for Civilian Victims of Armed Drone Strikes

    NARCIS (Netherlands)

    Quirine Eijkman; Marlieke Bakker

    2016-01-01

    Hoofdstuk 15 15.1 Introduction 15.2 An international law perspective 15.3 The American position 15.4 International human rights developments 15.5 Effective remedy and reparations 15.6 Reflections References In the international arena there are some encouraging developments in relation to

  6. Would Enforcing Competition Law Compromise Industry Policy Objectives?

    OpenAIRE

    Evenett, Simon J.

    2005-01-01

    One recurring concern in the debate over the efficacy of enacting competition laws in developing countries is that its enforcement may compromise important industrial policy goals. This concern has been raised in regional fora and in multilateral organizations such as the World Trade Organization, where officials have considered the pros and cons of including competition provisions in international trade agreements. However, the concern is broader and often national debates over the merits of...

  7. Trade Mark Coexistence Agreements: What is all the (lack of) fuss about?

    DEFF Research Database (Denmark)

    Elsmore, Matthew J.

    2008-01-01

    time and space is allocated to trade mark coexistence agreements. Despite a shortage of authoritative rulings, it is not immediately clear why, especially as they may be having a profound impact on the use of product markers. Coexistence agreements commonly exist between parties with at least similar...... trade marks who decide to formally coexist, often in the wake of legal skirmishes. In the busy European market, where Community-wide protection is available, an up-front contract may be an attractive way to avoid trade mark conflict. When these contracts work, trade mark law is effectively pre...

  8. Malta and the Nineteenth Century Grain Trade

    DEFF Research Database (Denmark)

    Sharp, Paul Richard

    2009-01-01

    It is often assumed that Britain's colonies followed the British doctrine of free trade in the second half of the nineteenth century. Malta, which became a British colony in 1814, did indeed become an early free trader. However, she failed to liberalize the grain trade, even when the mother country....... The duties on grain in Malta were therefore not protectionist, but rather for revenue purposes, in contrast to the UK Corn Laws. Taxing an inelastic demand for foreign wheat by Maltese, who were unable to grow enough food to support themselves, was certainly an effective way of raising revenue, but probably...

  9. Malta and the Nineteenth Century Grain Trade

    DEFF Research Database (Denmark)

    Sharp, Paul Richard

    It is often assumed that Britain's colonies followed the British doctrine of free trade in the second half of the nineteenth century. Malta, which became a British colony in 1814, did indeed become an early free trader. However, she failed to liberalize the grain trade, even when the mother country....... The duties on grain in Malta were therefore not protectionist, but rather for revenue purposes, in contrast to the UK Corn Laws. Taxing an inelastic demand for foreign wheat by Maltese, who were unable to grow enough food to support themselves, was certainly an effective way of raising revenue, but probably...

  10. Jane Kelsey, Serving Whose Interests? The Political Economy of Trade in Services Agreements

    Directory of Open Access Journals (Sweden)

    Maureen Irish

    2009-02-01

    Full Text Available Serving Whose Interests is an examination of the General Agreement on Trade in Services [GATS] since its inception in 1995, with several case studies that discuss services trade in specific applications around the world. The scholarship i s extensive and detailed. Jane Kelsey, law professor at the University of Auckland, has criticized the pro-market services trade regime i n her role as a political activist. In this book, her goals are to make the technicalities of trade rules accessible and to show their effects on people and communities.

  11. An Overview of Multimedia and the Law.

    Science.gov (United States)

    Boelzner, David E.

    2000-01-01

    Reviews the areas of intellectual property law, including patent, copyright, and trademark, and discusses how multimedia raises legal issues in each area. Discusses trade secrets, issues raised by online technology, and issues for licensing and developing multimedia works. (Author/LRW)

  12. Avian Conservation Areas as a Proxy for Contaminated Soil Remediation.

    Science.gov (United States)

    Lin, Wei-Chih; Lin, Yu-Pin; Anthony, Johnathen; Ding, Tsun-Su

    2015-07-17

    Remediation prioritization frequently falls short of systematically evaluating the underlying ecological value of different sites. This study presents a novel approach to delineating sites that are both contaminated by any of eight heavy metals and have high habitat value to high-priority species. The conservation priority of each planning site herein was based on the projected distributions of eight protected bird species, simulated using 900 outputs of species distribution models (SDMs) and the subsequent application of a systematic conservation tool. The distributions of heavy metal concentrations were generated using a geostatistical joint-simulation approach. The uncertainties in the heavy metal distributions were quantified in terms of variability among 1000 realization sets. Finally, a novel remediation decision-making approach was presented for delineating contaminated sites in need of remediation based on the spatial uncertainties of multiple realizations and the priorities of conservation areas. The results thus obtained demonstrate that up to 42% of areas of high conservation priority are also contaminated by one or more of the heavy metal contaminants of interest. Moreover, as the proportion of the land for proposed remediated increased, the projected area of the pollution-free habitat also increased. Overall uncertainty, in terms of the false positive contamination rate, also increased. These results indicate that the proposed decision-making approach successfully accounted for the intrinsic trade-offs among a high number of pollution-free habitats, low false positive rates and robustness of expected decision outcomes.

  13. Avian Conservation Areas as a Proxy for Contaminated Soil Remediation

    Directory of Open Access Journals (Sweden)

    Wei-Chih Lin

    2015-07-01

    Full Text Available Remediation prioritization frequently falls short of systematically evaluating the underlying ecological value of different sites. This study presents a novel approach to delineating sites that are both contaminated by any of eight heavy metals and have high habitat value to high-priority species. The conservation priority of each planning site herein was based on the projected distributions of eight protected bird species, simulated using 900 outputs of species distribution models (SDMs and the subsequent application of a systematic conservation tool. The distributions of heavy metal concentrations were generated using a geostatistical joint-simulation approach. The uncertainties in the heavy metal distributions were quantified in terms of variability among 1000 realization sets. Finally, a novel remediation decision-making approach was presented for delineating contaminated sites in need of remediation based on the spatial uncertainties of multiple realizations and the priorities of conservation areas. The results thus obtained demonstrate that up to 42% of areas of high conservation priority are also contaminated by one or more of the heavy metal contaminants of interest. Moreover, as the proportion of the land for proposed remediated increased, the projected area of the pollution-free habitat also increased. Overall uncertainty, in terms of the false positive contamination rate, also increased. These results indicate that the proposed decision-making approach successfully accounted for the intrinsic trade-offs among a high number of pollution-free habitats, low false positive rates and robustness of expected decision outcomes.

  14. A right to truth, justice and a remedy for African victims of serious ...

    African Journals Online (AJOL)

    A right to truth, justice and a remedy for African victims of serious violations of international humanitarian law. Avril McDonald. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL.

  15. Pocket book for the fuel trade 78/79. Compendium of the fuel trade. Buyer's guide for members of the fuel trade. Taschenbuch fuer den Brennstoffhandel 78/79. Kompendium des Brennstoffhandels. Einkaufsfuehrer fuer den Brennstoffhandel

    Energy Technology Data Exchange (ETDEWEB)

    Temming, D [ed.

    1978-01-01

    After a list of the mineral oil companies, pit-coal and brown coal companies and wholesalers of fuel oil and coal in the Federal Republic of Germany topics of business economics, competitive trade law, price law and cartel law are dealt with and explanations about health insurance and social insurance, industrial law and motor-vehicle keeping are given. Apart from comparisons of heating costs for usage and the latest traffic tariffs for railway and road networks the pocket-book contains the latest laws and regulations relevant for the fuel dealer. Furthermore, current topics of advertising and sales promotion of fuel-oil and coal are discussed. The energy balance and the overall economies of the Federal Republic of Germany are presented by figures in the chapter dealing with data on fuel-oil technology and fuel-oil industry.

  16. Proposed plan for interim remedial measures at the 100-KR-1 Operable Unit. Revision 1

    International Nuclear Information System (INIS)

    1995-09-01

    This proposed plan identifies the preferred alternative for interim remedial measures for remedial action of radioactive liquid waste disposal sites that include contaminated soils and structures at the 100-KR-1 Operable Unit, located at the Hanford Site. It also summarizes other remedial alternatives evaluated for interim remedial measures in this Operable Unit. The intent of interim remedial measures is to speed up actions to address contaminated areas that pose potential threats to human health and the environment. This proposed plan is being issued by the US Environmental Protection Agency (EPA), the lead regulatory agency; the Washington State Department of Ecology (Ecology), the support regulatory agency; and the US Department of Energy (DOE), the responsible agency. The EPA, Ecology, and the DOE are issuing this proposed plan as part of their public participation responsibilities under Section 117(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly known as the ''Superfund Law.'' This proposed plan is intended to be a fact sheet for public review which briefly describes the remedial alternatives analyzed, identifies a preferred alternative, and summarizes the information relied upon to recommend the preferred alternative

  17. The high price of "free" trade: U.S. trade agreements and access to medicines.

    Science.gov (United States)

    Lopert, Ruth; Gleeson, Deborah

    2013-01-01

    The United States' pursuit of increasingly TRIPS-Plus levels of intellectual property protection for medicines in bilateral and regional trade agreements is well recognized. Less so, however, are U.S. efforts through these agreements to influence and constrain the pharmaceutical coverage programs of its trading partners. Although arguably unsuccessful in the Australia- U.S. Free Trade Agreement (AUSFTA), the U.S. nevertheless succeeded in its bilateral FTA with South Korea (KORUS) in establishing prescriptive provisions pertaining to the operation of coverage and reimbursement programs for medicines and medical devices, which have the potential to adversely impact future access in that country. More recently, draft texts leaked from the current Trans Pacific Partnership Agreement (TPPA) negotiations show that U.S. objectives include not only AUSFTA-Plus and KORUS-Plus IP provisions but also ambitious inroads into the domestic health programs of its TPPA partners. This highlights the apparent conflict between trade goals - pursued through multilateral legal instruments to promote economic "health"- and public health objectives, such as the development of treatments for neglected diseases, the pursuit of efficiency and equity in priority setting, and the procurement of medicines at prices that reflect their therapeutic value and facilitate affordable access. © 2013 American Society of Law, Medicine & Ethics, Inc.

  18. Book Review - V Pogoretskyy, Freedom of Transit and Access to Gas Pipeline Networks Under WTO Law (Cambridge University Press, 2017)

    NARCIS (Netherlands)

    Marhold, Anna

    2017-01-01

    In Freedom of Transit and Access to Pipeline Networks under WTO Law, the author appropriately introduces the topic by stating that energy is featuring increasingly prominently as a topic in international trade law. Indeed, while being a dormant issue in the World Trade Organization (“WTO” forum for

  19. Mechanisms for Limiting Trade Mark Rights to Further Competition and Free Speech

    DEFF Research Database (Denmark)

    Ramsey, Lisa P; Schovsbo, Jens Hemmingsen

    2013-01-01

    This article evaluates the different mechanisms that nations use to limit trade mark rights to promote competition, free speech, and other public interests. It shows how EU and US trade mark laws seem to be converging towards a similar model which includes both (1) specific statutory defenses...... of these mechanisms for limiting trade mark rights to better protect the public interest in trade mark disputes. Finally, a proposal for reform is suggested. It consists of three parts: (1) domestic legislatures should revise their trade mark statutes to add more mandatory and specific limitations on trade mark...... to trade mark violations and (2) trade mark doctrines which give courts flexibility to permit unauthorized uses of marks that further the legitimate interests of the accused infringer and the public. Such a development should be welcomed and the article urges other nations to consider adopting one or both...

  20. The Prevention and Protection of the Environment: The Environmental Responsibility Law (26/2007); La Prevencion y Proteccion del Medio Ambiente: La Ley 26/2007 de Responsabilidad Medioambiental

    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.

  1. The Influence of Low-carbon Economy on Global Trade Pattern

    Science.gov (United States)

    Xiao-jing, Guo

    Since global warming has seriously endangered the living environment of human being and their health and safety, the development of low-carbon economy has become an irreversible global trend. Under the background of economic globalization, low-carbon economy will surely exert a significant impact on global trade pattern. Countries are paying more and more attention to the green trade. The emission permits trade of carbon between the developed countries and the developing countries has become more mature than ever. The carbon tariff caused by the distribution of the "big cake" will make the low-cost advantage in developing countries cease to exist, which will, in turn, affect the foreign trade, economic development, employment and people's living in developing countries. Therefore, under the background of this trend, we should perfect the relevant laws and regulations on trade and environment as soon as possible, optimize trade structure, promote greatly the development of service trade, transform thoroughly the mode of development in foreign trade, take advantage of the international carbon trading market by increasing the added value of export products resulted from technological innovation to achieve mutual benefit and win-win results and promote common development.

  2. Remedial investigation/feasibility study report for Lower Watts Bar Reservoir Operable Unit

    International Nuclear Information System (INIS)

    1995-03-01

    This document is the combined Remedial Investigation and Feasibility Study Report for the lower Watts Bar Reservoir (LWBR) Operable Unit (OU). The LWBR is located in Roane, Rhea, and Meigs counties, Tennessee, and consists of Watts Bar Reservoir downstream of the Clinch river. This area has received hazardous substances released over a period of 50 years from the US Department of Energy's Oak Ridge Reservation (ORR), a National Priority List site established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As required by this law, the ORR and all off-site areas that have received contaminants, including LWBR, must be investigated to determine the risk to human health and the environment resulting from these releases, the need for any remedial action to reduce these risks, and the remedial actions that are most feasible for implementation in this OU. Contaminants from the ORR are primarily transported to the LWBR via the Clinch River. There is little data regarding the quantities of most contaminants potentially released from the ORR to the Clinch River, particularly for the early years of ORR operations. Estimates of the quantities released during this period are available for most radionuclides and some inorganic contaminants, indicating that releases 30 to 50 years ago were much higher than today. Since the early 1970s, the release of potential contaminants has been monitored for compliance with environmental law and reported in the annual environmental monitoring reports for the ORR

  3. Remedial investigation/feasibility study report for Lower Watts Bar Reservoir Operable Unit

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-03-01

    This document is the combined Remedial Investigation and Feasibility Study Report for the lower Watts Bar Reservoir (LWBR) Operable Unit (OU). The LWBR is located in Roane, Rhea, and Meigs counties, Tennessee, and consists of Watts Bar Reservoir downstream of the Clinch river. This area has received hazardous substances released over a period of 50 years from the US Department of Energy`s Oak Ridge Reservation (ORR), a National Priority List site established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As required by this law, the ORR and all off-site areas that have received contaminants, including LWBR, must be investigated to determine the risk to human health and the environment resulting from these releases, the need for any remedial action to reduce these risks, and the remedial actions that are most feasible for implementation in this OU. Contaminants from the ORR are primarily transported to the LWBR via the Clinch River. There is little data regarding the quantities of most contaminants potentially released from the ORR to the Clinch River, particularly for the early years of ORR operations. Estimates of the quantities released during this period are available for most radionuclides and some inorganic contaminants, indicating that releases 30 to 50 years ago were much higher than today. Since the early 1970s, the release of potential contaminants has been monitored for compliance with environmental law and reported in the annual environmental monitoring reports for the ORR.

  4. The soil remediation fund for petrol stations in Belgium

    International Nuclear Information System (INIS)

    Naeyer, F. de; Van Dyck, E.; Janssens, J.P.; Duliere, A.; Fondaire, D.; Bodart, O.

    2005-01-01

    In the Flemish, Brussels-Capital and Walloon Region, petrol stations are subjected to strict operating standards, to avoid soil contamination as much as possible in the future. Besides these operating requirements, regional authorities also issued regulations regarding the remediation of contaminated soils. For many petrol stations operators, land owners and users, these rules and regulations are a heavy financial burden. As a result, the soil contamination threaten to become a public charge, due to a lack of adequate remediation by the stakeholders. After years of negotiating between the petroleum industry and the government the negotiations finally resulted in a cooperation agreement between the Federal Government, the Flemish, Walloon and Brussels-Capital Regions regarding the execution and financing of the remediation of contaminated soil at petrol stations. The cooperation agreement, signed in Brussels on 13 December 2002 and approved by all Regions and the Federal Government, makes it possible to provide a structured approach for the remediation of the soil contamination at petrol stations in Belgium. In the cooperation agreement the establishment of an Inter-regional Soil Remediation Committee is provided to guarantee the fund's independence and to observe the fund's operation. The official start is given through the accreditation of BOFAS by the Inter-regional Soil Remediation Committee. To calculate the amount that would be necessary for the remediation of the soil contamination at petrol stations and the contribution to the fund, an economical research has been carried out. This research indicated that the total cost for the remediation of the soil contamination at petrol stations in Belgium is situated between 400 and 450 million EUR. BOFAS has calculated that 5.000 petrol stations can comply with the conditions mentioned in the cooperation agreement. Operators, Owners or Actual users can submit an application if they comply with the legally established

  5. The soil remediation fund for petrol stations in Belgium

    Energy Technology Data Exchange (ETDEWEB)

    Naeyer, F. de; Van Dyck, E. [OVAM, Mechelen (Belgium); Janssens, J.P.; Duliere, A. [BIM, Brussel (Belgium); Fondaire, D. [DGRNE, Liege (Belgium); Bodart, O. [Governement Wallon, Namur (Belgium)

    2005-07-01

    In the Flemish, Brussels-Capital and Walloon Region, petrol stations are subjected to strict operating standards, to avoid soil contamination as much as possible in the future. Besides these operating requirements, regional authorities also issued regulations regarding the remediation of contaminated soils. For many petrol stations operators, land owners and users, these rules and regulations are a heavy financial burden. As a result, the soil contamination threaten to become a public charge, due to a lack of adequate remediation by the stakeholders. After years of negotiating between the petroleum industry and the government the negotiations finally resulted in a cooperation agreement between the Federal Government, the Flemish, Walloon and Brussels-Capital Regions regarding the execution and financing of the remediation of contaminated soil at petrol stations. The cooperation agreement, signed in Brussels on 13 December 2002 and approved by all Regions and the Federal Government, makes it possible to provide a structured approach for the remediation of the soil contamination at petrol stations in Belgium. In the cooperation agreement the establishment of an Inter-regional Soil Remediation Committee is provided to guarantee the fund's independence and to observe the fund's operation. The official start is given through the accreditation of BOFAS by the Inter-regional Soil Remediation Committee. To calculate the amount that would be necessary for the remediation of the soil contamination at petrol stations and the contribution to the fund, an economical research has been carried out. This research indicated that the total cost for the remediation of the soil contamination at petrol stations in Belgium is situated between 400 and 450 million EUR. BOFAS has calculated that 5.000 petrol stations can comply with the conditions mentioned in the cooperation agreement. Operators, Owners or Actual users can submit an application if they comply with the legally

  6. Considering WTO law in the design of climate change regimes beyond Kyoto

    Science.gov (United States)

    Gaines, Sanford E.

    2009-11-01

    This article describes the most important provisions of World Trade Organization (WTO) agreements that should be considered in designing laws and regulations under likely post-Kyoto climate change mitigation regimes. The Kyoto Protocol and the expected post-Kyoto international climate agreement depend on national measures to implement market-based mitigation measures. This market strategy promotes international exchanges of goods, investments, and services such as cross-border trading of credits for emissions reductions and transnational financing for projects that avoid emissions through the Clean Development Mechanism. Moreover, the United States and other countries, concerned over "leakage" of greenhouse gas (GHG) emissions through relocation of industry to other countries coupled with political worry over manufacturing competitiveness, have proposed national climate legislation containing border adjustments on imported goods or implicit subsidies for national producers, raising additional WTO considerations. The article assesses the likely effectiveness of such trade-related measures in achieving climate change mitigation goals and the potential trade policy infringements and trade distortions that they might bring about. Alternative strategies for achieving GHG mitigation goals in closer conformity with WTO law and policy will be suggested.

  7. Considering WTO law in the design of climate change regimes beyond Kyoto

    International Nuclear Information System (INIS)

    Gaines, Sanford E

    2009-01-01

    This article describes the most important provisions of World Trade Organization (WTO) agreements that should be considered in designing laws and regulations under likely post-Kyoto climate change mitigation regimes. The Kyoto Protocol and the expected post-Kyoto international climate agreement depend on national measures to implement market-based mitigation measures. This market strategy promotes international exchanges of goods, investments, and services such as cross-border trading of credits for emissions reductions and transnational financing for projects that avoid emissions through the Clean Development Mechanism. Moreover, the United States and other countries, concerned over 'leakage' of greenhouse gas (GHG) emissions through relocation of industry to other countries coupled with political worry over manufacturing competitiveness, have proposed national climate legislation containing border adjustments on imported goods or implicit subsidies for national producers, raising additional WTO considerations. The article assesses the likely effectiveness of such trade-related measures in achieving climate change mitigation goals and the potential trade policy infringements and trade distortions that they might bring about. Alternative strategies for achieving GHG mitigation goals in closer conformity with WTO law and policy will be suggested.

  8. Organ trade using social networks.

    Science.gov (United States)

    Alrogy, Waleed; Jawdat, Dunia; Alsemari, Muhannad; Alharbi, Abdulrahman; Alasaad, Abdullah; Hajeer, Ali H

    2016-01-01

    Organ transplantation is recognized worldwide as an effective treatment for organ failure. However, due to the increase in the number of patients requiring a transplant, a shortage of suitable organs for transplantation has become a global problem. Human organ trade is an illegal practice of buying or selling organs and is universally sentenced. The aim of this study was to search social network for organ trade and offerings in Saudi Arabia. The study was conducted from June 22, 2015 to February 19, 2016. The search was conducted on Twitter, Google answers, and Facebook using the following terms: kidney for sale, kidneys for sale, liver for sale, kidney wanted, liver wanted, kidney donor, and liver donor. We found a total of 557 adverts on organ trade, 165 (30%) from donors or sellers, and 392 (70%) from recipients or buyers. On Twitter, we found 472 (85%) adverts, on Google answers 61 (11%), and on Facebook 24 (4%). Organ trade is a global problem, and yet it is increasingly seen in many countries. Although the Saudi Center for Organ Transplantation by-laws specifically prohibits and monitors any form of commercial transplantation, it is still essential to enforce guidelines for medical professionals to detect and prevent such criminal acts.

  9. Organ trade using social networks

    Directory of Open Access Journals (Sweden)

    Waleed Alrogy

    2016-01-01

    Full Text Available Organ transplantation is recognized worldwide as an effective treatment for organ failure. However, due to the increase in the number of patients requiring a transplant, a shortage of suitable organs for transplantation has become a global problem. Human organ trade is an illegal practice of buying or selling organs and is universally sentenced. The aim of this study was to search social network for organ trade and offerings in Saudi Arabia. The study was conducted from June 22, 2015 to February 19, 2016. The search was conducted on Twitter, Google answers, and Facebook using the following terms: kidney for sale, kidneys for sale, liver for sale, kidney wanted, liver wanted, kidney donor, and liver donor. We found a total of 557 adverts on organ trade, 165 (30% from donors or sellers, and 392 (70% from recipients or buyers. On Twitter, we found 472 (85% adverts, on Google answers 61 (11%, and on Facebook 24 (4%. Organ trade is a global problem, and yet it is increasingly seen in many countries. Although the Saudi Center for Organ Transplantation by-laws specifically prohibits and monitors any form of commercial transplantation, it is still essential to enforce guidelines for medical professionals to detect and prevent such criminal acts.

  10. Avian Influenza H5N1 and the Wild Bird Trade in Hanoi, Vietnam

    Directory of Open Access Journals (Sweden)

    F. Brooks-Moizer

    2009-06-01

    Full Text Available Wildlife trade and emerging infectious diseases pose significant threats to human and animal health and global biodiversity. Legal and illegal trade in domestic and wild birds has played a significant role in the global spread of highly pathogenic avian influenza H5N1, which has killed more than 240 people, many millions of poultry, and an unknown number of wild birds and mammals, including endangered species, since 2003. This 2007 study provides evidence for a significant decline in the scale of the wild bird trade in Hanoi since previous surveys in 2000 (39.7% decline and 2003 (74.1% decline. We attribute this to the enforcement of Vietnam's Law 169/2005/QD UBND, introduced in 2005, which prohibits the movement and sale of wild and ornamental birds in cities. Nevertheless, 91.3% (21/23 of bird vendors perceived no risk of H5N1 infection from their birds, and the trade continues, albeit at reduced levels, in open market shops. These findings highlight the importance of continued law enforcement to maintain this trade reduction and the associated benefits to human and animal health and biodiversity conservation.

  11. Pocket book for the fuel trade 78/79. Compendium of the fuel trade. Buyer's guide for members of the fuel trade. Taschenbuch fuer den Brennstoffhandel 78/79. Kompendium des Brennstoffhandels. Einkaufsfuehrer fuer den Brennstoffhandel

    Energy Technology Data Exchange (ETDEWEB)

    Temming, D. (ed.)

    1978-01-01

    After a list of the mineral oil companies, pit-coal and brown coal companies and wholesalers of fuel oil and coal in the Federal Republic of Germany topics of business economics, competitive trade law, price law and cartel law are dealt with and explanations about health insurance and social insurance, industrial law and motor-vehicle keeping are given. Apart from comparisons of heating costs for usage and the latest traffic tariffs for railway and road networks the pocket-book contains the latest laws and regulations relevant for the fuel dealer. Furthermore, current topics of advertising and sales promotion of fuel-oil and coal are discussed. The energy balance and the overall economies of the Federal Republic of Germany are presented by figures in the chapter dealing with data on fuel-oil technology and fuel-oil industry.

  12. Sustainable development and trade liberalisation: the opportunities and threat roused by the WTO

    Directory of Open Access Journals (Sweden)

    Voituriez Tancrede

    2005-03-01

    Full Text Available The entanglement of trade and sustainable development agenda raises two different and obvious concerns we would like to dwell upon. The first one basically deals with the definition of sustainable development and the fear that the concept might become looser and looser the more it pervades trade and corporate arenas. The second concern pertains to the compatibility of internationdal trade laws embodied within the WTO, with international environment and labour agreements hosted by the UN. This paper provides some argument to the debate by focusing on the implications, on these two areas of concerns, of sustainable development pervading the WTO. Our two main arguments are as follows. Firstly, the social component of sustainable development is today the poor relation of sustainable development’s inscription among the WTO objectives. Secondly, effective restrictions on trade for either health or natural resource preservation are extremely rare. Article XX of the Gatt, allowing for such a restriction (“exception” is the appropriate word, cannot be referred to as long as WTO members omit to abide to non-discriminatory principles in their trade policies. Whatever the reasons one country requests to escape WTO rules, it has to do so while treating its trading partners on the same foot. These two results may reassure those developing countries that fear a “new” or “green” protectionism (which seems more fantasized than real in so far from rich countries. Does it all suggest that WTO principle-compatible trade and sustainable trade is the same animal? The case law would rather suggest that WTO and its sustainable development objective seems more an organisation aimed at preventing countries from using sustainable development as a fallacious argument for trade restriction than an organisation dedicated to promoting sustainable trade per se.

  13. The Food Safety Modernization Act: a barrier to trade? Only if the science says so.

    Science.gov (United States)

    McNeill, Naomi

    2012-01-01

    The Food Safety Modernization Act improves oversight of America's food safety system. Title III, which regulates imported food, may create extra burdens for importers and therefore act as a barrier to trade. What will be on trial before the World Trade Organization (WTO), however, is not the law's content, but the science supporting it. Under the WTO regime, food safety laws that could restrict the free movement of food commodities must be sufficiently justified by scientific evidence. Member states must engage in risk assessments and regulate food imports in a manner that is "no more restrictive than necessary" to protect against the health risks identified by scientific evidence. This article examines the requirements of the WTO to evaluate the FSMA's legality under WTO rules. It analyzes the case law of the WTO Panel and Appellate Body and compares the FMSA to the EU's General Food Law.

  14. EU's CO2 trade a high risk project

    International Nuclear Information System (INIS)

    Wellander, Dag

    2003-01-01

    The uncertainty about the planned CO 2 trade of the European Union (EU) is very great. For the possible buyers in this politically created market the risks may be great and difficult to assess. The most effective way of forcing a reduction of emissions is trading emission licences. But this requires taking a stand on issues of very unpleasant nature. And the Kyoto protocol evades these questions, it is a thin document right from the beginning. Trade in emission licences is one of the three so-called flexible mechanisms of the Kyoto agreement. The second mechanism is joint implementation in which one industrialized country carries out emission reduction actions in another industrialized country. The third is the mechanism of clean development, in which one industrialized country takes remedial actions in a developing country. It is unclear how these mechanisms are to act in accordance with each other, both in the Kyoto Protocol and on the level of the EU. The biggest and most fundamental uncertainty, both on the EU and global levels, relates to the fact that the partners have not decided how to define the right of ownership of emissions of a certain size

  15. Urn model for products’ shares in international trade

    Science.gov (United States)

    Barbier, Matthieu; Lee, D.-S.

    2017-12-01

    International trade fluxes evolve as countries revise their portfolios of trade products towards economic development. Accordingly products’ shares in international trade vary with time, reflecting the transfer of capital between distinct industrial sectors. Here we analyze the share of hundreds of product categories in world trade for four decades and find a scaling law obeyed by the annual variation of product share, which informs us of how capital flows and interacts over the product space. A model of stochastic transfer of capital between products based on the observed scaling relation is proposed and shown to reproduce exactly the empirical share distribution. The model allows analytic solutions as well as numerical simulations, which predict a pseudo-condensation of capital onto few product categories and when it will occur. At the individual level, our model finds certain products unpredictable, the excess or deficient growth of which with respect to the model prediction is shown to be correlated with the nature of goods.

  16. A critical assessment of asphalt batching as a viable remedial option for hydrocarbon contaminated soils

    International Nuclear Information System (INIS)

    Elliott, E.J.; Brashears, D.F.

    1991-01-01

    Hot mix asphalt production equipment has been successfully utilized in the remediation of soils contaminated with petroleum hydrocarbons. This paper reports that there are two major ways in which this equipment can be used to remediate the petroleum contaminated soils; by incorporating the contaminated soil in the hot mix asphalt product or by using the equipment to clean the soil thermally of the contaminant, leaving a clean soil material. Both of these processes have limitations encompassing technical, political, and certainly liability problems. The remediation of contaminated soil in hot mix asphalt facilities is primarily a physical phenomenon relying on laws of heat and mass transfer. Although chemical changes do occur, the primary function of the process is to cause a physical separation of the contaminant from the soils

  17.   Exhaustion of Rights and Common Principles of European Intellectual Property Law

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2010-01-01

    of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal......This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas...

  18. THE LEGAL STATUS OF THE SHARES TRADED ON RASDAQ MARKET

    Directory of Open Access Journals (Sweden)

    Cristian GHEORGHE

    2015-07-01

    Full Text Available RASDAQ Market was launched in Romania in 1996, appeared as a mirroring of the well-established American market NASDAQ (which stood for National Association of Securities Dealers Automated Quotations. The role designated for RASDAQ was as platform for valuing papers issued in the privatization program in Romania (mass privatization process - MPP. In fact the participating companies to MPP had the legal obligation, under first Romanian Capital Market Law, No 52/1194, to be listed on a stock exchange. Although it attended a US regulatory model, RASDAQ had to adapt to European rules with the accession of Romania to the European Union. The relevant EU rules (i.e., Directive 2004/39/EC on markets in financial instruments – MiFID, about to be replaced by Directive 2014/65/EU – MiFID II provide for only two types of trading systems, i.e. regulated markets and multilateral trading facilities (MTF, while the RASDAQ Market securities fall under none of these two trading systems regulated by MiFID1. After an entire decade of uncertainty concerning the status of the RASDAQ, Romanian legislator settled the situation of shares traded on this market. This regulation means the end for RASDAQ. Law No. 151/2014 provides that the RASDAQ Market is to be closed within twelve months as of the effective date of such law (October 27, 2014. To this end companies listed on the RASDAQ Market will have to opt for listing on a regulated market or on a MTF or for becoming private companies. Such option rests on the hands of shareholders. Going private asks for shareholders’ rights protection so Romanian Financial Supervisory Authority (FSA provides a procedure implementing the right to withdraw from the company of the dissenting shareholders and for computing compensation for their shares (FSA Regulation No. 17/2014.

  19. Annual status report on the Uranium Mill Tailings Remedial Action Program

    International Nuclear Information System (INIS)

    1992-12-01

    This fourteenth annual status report for the Uranium Mill Tailings Remedial Action (UMTRA) Project Office summarizes activities of the Uranium Mill Tailings Remedial Action Surface (UMTRA-Surface) and Uranium Mill Tailings Remedial Action Groundwater (UMTRA-Groundwater) Projects undertaken during fiscal year (FY) 1992 by the US Department of Energy (DOE) and other agencies. Project goals for FY 1993 are also presented. An annual report of this type was a statutory requirement through January 1, 1986, pursuant to the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978, Public Law (PL) 95-604. The DOE will continue to submit annual reports to DOE-Headquarters, the states, tribes, and local representatives through Project completion in order to inform the public of the yearly Project status. The purpose of the remedial action is to stabilize and control the tailings and other residual radioactive material (RRM) located on the inactive uranium processing sites in a safe and environmentally sound manner, and to minimize or eliminate potential health hazards. Commercial and residential properties near designated processing sites that are contaminated with material from the sites, herein referred to as ''vicinity properties (VP),'' are also eligible for remedial action. Included in the UMTRA Project are 24 inactive uranium processing sites and associated VPs located in 10 states, and the VPs associated with the Edgemont, South Dakota, uranium mill currently owned by the Tennessee Valley Authority (TVA) (Figure A.1, Appendix A)

  20. THE RIGHTS GRANTED TO TRADE UNIONS UNDER THE COMPANIES ACT 71 OF 2008

    Directory of Open Access Journals (Sweden)

    Heidi C Schoeman

    2013-08-01

    Full Text Available With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the workplace. It is argued that rights afforded to trade unions by the act ought to be granted only to trade unions that are registered in terms of the Labour Relations Act 66 of 1995. In addition, it is also argued that the Companies Act 71 of 2008 ought in principle to differentiate between rights that are granted to registered trade unions representing employees at the workplace and rights that are granted to registered majority trade unions, or at the least to sufficiently representative trade unions.

  1. Salmon Site Remedial Investigation Report

    International Nuclear Information System (INIS)

    1999-01-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  2. Statistical properties of trading activity in Chinese stock market

    Science.gov (United States)

    Sun, Xiaoqian; Cheng, Xueqi; Shen, Huawei; Wang, Zhaoyang

    2010-08-01

    We investigate the statistical properties of traders' trading behavior using cumulative distribution function(CDF). We analyze exchange data of 52 stocks for one-year period which contains non-manipulated stocks and manipulated stocks published by China Securities Regulatory Commission(CSRC). By analyzing the total number of transactions and the trading volume of each trader over a year, we find the cumulative distributions have power-law tails and the distributions between non-manipulated stocks and manipulated stocks are different. These findings can help us to detect the manipulated stocks.

  3. Contra trading in Bursa Malaysia Securities Berhad: a Sharīʿah and legal appraisal

    Directory of Open Access Journals (Sweden)

    Noor Suhaida Kasri

    2017-07-01

    Full Text Available Purpose - The purpose of this paper is to analyze the practice of contra trading in Bursa Malaysia Securities Berhad. Through a critical examination of the practice, it aims to discuss the issues from the angles of Sharīʿah and Malaysian common law. Design/methodology/approach - The paper uses a qualitative research methodology. The information on the practice of contra trading is obtained through the Bursa Malaysia Securities Berhad’s website and literature as well as series of meetings and discussions held with Bursa Malaysia Securities Berhad. In comprehending and dissecting the Sharīʿah and legal issues, classical along with contemporary Sharīʿah literature including local and international Sharīʿah advisory bodies’ resolutions and standards have been referred to. The Sharīʿah analysis of these issues is further supported by reference to the statute and by-laws of Bursa Malaysia Securities Berhad as well as other related legal literature. Findings - This paper finds that contra trading involves a real sale and purchase of shares; the shares are not taken into the possession of the contra trader, neither physically nor constructively; the liability of shares is not transferred to the contra trader; though the practice of profiting in contra trading may contradict the prohibition on profiting without bearing liability, the permissibility of contra trading could still be argued from the contextual approach of public interest (maṣlaḥah and needs (hājah; and contra trading is not gambling. Research limitations/implications - This paper is limited in its analysis to only Sharīʿah and legal perspectives. It does not cover a thorough empirical and quantitative investigation that would measure the extent of the public needs for contra trading and the real benefits that contra trading brings about to the society in the long run. Such studies will further demonstrate whether contra trading deserves a relaxation from the strict Shar

  4. On the Enforcement of Specific Performance in Civil Law Countries

    DEFF Research Database (Denmark)

    Lando, Henrik; Rose, Caspar

    2003-01-01

    requires actions to beundertaken, and we relate this to costs of enforcement. We arguethat it is administratively costly to run a system of enforcementthat renders specific performance attractive to the aggrieved party,and that the Civil Law countries have (like Common Law countries)chosen not to incur...... these costs of enforcement. This is especiallyclear in the case of Denmark, where specific performance of actionshas been abandoned as a legal remedy.At the normative level, we argue that enforcement costs providesan additional rationale, over and above the rationales of the theoryof efficient breach...

  5. Permit trading and credit trading

    DEFF Research Database (Denmark)

    Boom, Jan-Tjeerd; R. Dijstra, Bouwe

    This paper compares emissions trading based on a cap on total emissions (permit trading) and on relative standards per unit of output (credit trading). Two types of market structure are considered: perfect competition and Cournot oligopoly. We find that output, abatement costs and the number...... of firms are higher under credit trading. Allowing trade between permit-trading and credit-trading sectors may increase in welfare. With perfect competition, permit trading always leads to higher welfare than credit trading. With imperfect competition, credit trading may outperform permit trading....... Environmental policy can lead to exit, but also to entry of firms. Entry and exit have a profound impact on the performance of the schemes, especially under imperfect competition. We find that it may be impossible to implement certain levels of total industry emissions. Under credit trading several levels...

  6. Trade and public health: the WTO, tobacco, alcohol, and diet

    National Research Council Canada - National Science Library

    McGrady, Benn

    2011-01-01

    .... This book examines the extent to which the law of the World Trade Organization restricts domestic implementation of these types of measures. The relationship between international health instruments and the WTO Agreement is examined, as are the WTO covered agreements themselves"--

  7. Memoirs of law, sciences and technologies - Law and climate thematic issue

    International Nuclear Information System (INIS)

    Torre-Schaub, M.; Jouzel, J.; Boisson de Chazournes, L.; Sadeleer, N. de; Denis, B.; Godard, O.; Le Prestre, P.; Maljean-Dubois, S.; Wemaere, M.; Rousseaux, S.; Louchard, O.

    2009-01-01

    This dossier is organized around two essential points: 1 - climate is a scientific question which combines science and governance. In this context, the last IPCC (Intergovernmental Panel on Climate Change) report gives an essential place to uncertainties with claiming that 'it is more probable than improbable that we may be in an irreversible process of global warming'. Therefore, it has become necessary to think about the management of uncertainties using law and to a massive mobilization of the precaution principle. The essential economical aspects to the implementation of a significant abatement of greenhouse gases cannot be passed over in silence as well. Finally, the civil society occupies a more and more important place, not only in international negotiations, but inside the countries as well. 2 - Global warming is thinkable at a World scale only. This implies that some kind of a climate geopolitics is emerging in the World, considering the existence at the same time of different sources and different problems to deal with (technical, economical) depending on the regions of the world. From the strictly legal point of view, the scenarios presented at Bali consider the World by 2012 onward. In this context, the fight against global warming mobilizes several legal instruments, some being new and the others being not. We assist to a real law genesis. The emissions trading markets, for instance, and other financial mechanisms, belong to these new instruments. However, using old legal means to solve new problems is another way to create law. It is also important to stress on the fact that the international law is not the only possible legal mean to square the fight against global warming. The liability right for the violation of a public property, i.e. the atmosphere, remains an instrument combining experience and novelty and has proved itself in several countries. Finally, in France, the 'Grenelle de l'Environnement' policy has led to an extraordinary process of

  8. A perspective of food safety laws in Mexico.

    Science.gov (United States)

    Leon, Marco A; Paz, Esmeralda

    2014-08-01

    Mexico, with a population of 112 million, is one of the most interesting countries in the world with regard to food, hunger, domestic food consumption, tourism and international trade, and it deserves an in-depth study to explain the status of its food safety laws. Mexico has a strong and stable emerging economy and is the second country worldwide with regard to the number of free-trade agreements. Nevertheless, more than half the population lives in poverty. However, Mexico is a huge market for food consumption because, in addition to its own population, it receives 20 million international tourists per year. So, multi-national food companies have representatives and facilities throughout the country. This scenario may explain the evolution of food safety laws in Mexico, as well as the challenges that must be faced in order to achieve food safety. © 2013 Society of Chemical Industry.

  9. European Energy Law. Report VII

    Energy Technology Data Exchange (ETDEWEB)

    Hammer, U.; Roggenkamp, M.M. (eds.)

    2010-04-15

    The European Energy Law Report VII presents in four parts an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU emissions trading Directive and recent developments in the US regarding emissions trading. The second part focuses on the energy liberalisation process and the Third Energy Package. Following an overview of recent developments in EU competition law and the impact of the Sector Inquiry on the energy sector, this part concentrates particularly on the new Internal Energy Market Directives and most particularly on the legality of the unbundling provisions. Subsequently, the focus is on the role of the TSOs. After an analysis of the need for an increased cooperation of the German TSOs, another chapter discusses the need for more consolidation in the European gas transmission market and the role of regulation therein. Is there a new role for nuclear energy? In order to secure long term energy supply, the focus turns again to nuclear energy. The third part of this report discusses two elements of nuclear liability. First, it analyses the issue of the possible privatisation of the nuclear sector and its impact on long term liability. Although the focus is on the UK nuclear sector, a comparison is made with some other regulatory regimes. Next, the role of nuclear energy is discussed as an instrument to reduce CO2 emissions and, more particularly as a means to reach the 20-20-20 targets. The question is raised whether the international rules on civil liability provide sufficient protection to victims of nuclear

  10. Nuclear law

    International Nuclear Information System (INIS)

    Bringuier, P.

    2009-01-01

    The object of this report is to present the evolution of the nuclear law during the period from 2006 to 2008, period that was characterized in France by a real rewriting from the implementation of a control authority. The prescriptive backing of nuclear activities has been deeply changed by numerous texts. In this first part are presented: (1) the institutional aspects, (2) openness and public information, (7) radioactive wastes and (9) liability and insurance. In a next publication will be treated: (3) safety and radiation protection; (4) nuclear matter, inspection, physical protection; (5) transports; (6) trade, non-proliferation; (8) radiological accidents. (N.C.)

  11. Uranium Mill Tailings Remedial Action Project. 1995 Environmental Report

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-06-01

    In accordance with U.S. Department of Energy (DOE) Order 23 1. 1, Environment, Safety and Health Reporting, the DOE prepares an annual report to document the activities of the Uranium Mill Tailings Remedial Action (UMTRA) Project environmental monitoring program. This monitoring must comply with appropriate laws, regulations, and standards, and it must identify apparent and meaningful trends in monitoring results. The results of all monitoring activities must be communicated to the public. The UMTRA Project has prepared annual environmental reports to the public since 1989.

  12. Uranium Mill Tailings Remedial Action Project. 1995 Environmental Report

    International Nuclear Information System (INIS)

    1996-06-01

    In accordance with U.S. Department of Energy (DOE) Order 23 1. 1, Environment, Safety and Health Reporting, the DOE prepares an annual report to document the activities of the Uranium Mill Tailings Remedial Action (UMTRA) Project environmental monitoring program. This monitoring must comply with appropriate laws, regulations, and standards, and it must identify apparent and meaningful trends in monitoring results. The results of all monitoring activities must be communicated to the public. The UMTRA Project has prepared annual environmental reports to the public since 1989

  13. Steps to Opening the Skilled Trades to Women.

    Science.gov (United States)

    Employment Standards Administration (DOL), Washington, DC. Women's Bureau.

    Employers' and unions' acceptance in attitude and practice of the equal capacity of women to function in the skilled trades and other apprentice-type jobs depends upon knowledge of facts, actual experience, and understanding of equal opportunity laws, according to the authors of the document, which offers to employers first steps to take to…

  14. Thai and Australian Foreign Business Law and the Impact of the Thailand Australia FTA

    OpenAIRE

    Smith, Nucharee Nuchkoom

    2015-01-01

    When Thailand and Australia entered into a Free Trade Agreement in 2005 the public focus was largely on the trade in goods and the benefits that would accrue to each country with a more open market. What appears to have been largely neglected is that the Thailand Australia Free Trade Agreement also covers trade in services, foreign direct investment including commercial enterprises, and the movement of persons. This paper describes the foreign business laws that operate in each jurisdict...

  15. Wolf in Sheep’s Clothing? Trade Mark Rights Against Goods in Transit and the End of Traditional Territorial Limits

    NARCIS (Netherlands)

    Senftleben, M.R.F.

    2016-01-01

    The December 2015 reform of EU trade mark law led to the introduction of a new exclusive right against goods in transit in Art. 9(4) of the EU Trade Mark Regulation and Art. 10(4) of the Trade Mark Directive. This new right raises complex questions of compliance with the international guarantee of

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2015-11-01

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

  17. Emissions trading and competitive positions. The European Proposal for a Directive establishing a Framework for Greenhouse Gas Emissions Trading and Methods for the initial Allocation of Pollution Rights

    International Nuclear Information System (INIS)

    Grimeaud, D.; Peeters, M.

    2002-10-01

    The study on the intention to introduce emissions trading on a European Union level was conducted on the basis of the following three questions: Which methods can be used (by the Member States) to distribute the tradable emissions rights en which legal preconditions should be observed considering the EU-Treaty and the relevant directive proposal? Whenever necessary and possible international agreements on climate change and international trade law will be mentioned. Which safeguards are available for fair competition and which system of emissions trading is advisable in this perspective? How should the PSR (performance standard rate) system, which is preferred by industry, be valued? The structure of this study is as follows: in chapter 2 insight is given into the various methods that can be used to start an emissions trading system, i.e. the way tradable pollution rights are distributed (initial allocation). Chapter 3 will further examine the system of the initial allocation of pollution rights as it has been chosen in the proposal for the European directive. The aim is to give an exact qualification of the method of emissions trading, especially the method of initial allocation, that is used in the directive proposal. Chapter 4 examines whether safeguards are available to prevent competition distortions between firms that fall under the scope of the emissions trading scheme. Special attention will be given to conditions that result from the EU-Treaty in this context, such as the prohibition of state aid. In this chapter the international trade law will be dealt with as well. Chapter 5 will present an executive summary and the specific question whether the PSR-system is legally acceptable or maybe even recommendable, will be answered

  18. Radon remedial actions in schools of Friuli Venezia Giulia region (NE Italy)

    International Nuclear Information System (INIS)

    Giovani, C.; Cappelletto, C.; Garavaglia, M.; Pividore, S.; Villalta, R.

    2004-01-01

    In the last four years the Regional Agency of Environmental Protection (ARPA) of Friuli Venezia Giulia carried out a survey to determine the radon concentration in the schools of the area. During the survey all the 1320 schools and kindergartens of the region were investigated with more than 5000 measurements. In about 2% of cases, radon concentrations exceeded the reference levels of Italian law and remedial actions were performed. In collaboration with the Building Engineering Department of Udine University, ARPA FVG edited a manual concerning indications and proposals for building protection against radon. The environmental physics section of ARPA FVG, was heavily involved in the remedial action, both in the design of the action and in the investigation of effectiveness. In more than 20 schools the owners following ARPA indications solved the problem of high radon concentrations. In this paper the authors report the main type of applied remedial actions grouped taking into account the different remedial methodology. In Friuli Venezia Giulia region the main radon source is represented by soil. The contribution of building materials to high radon concentrations is negligible. The most common remedial actions consisted in natural or artificial depressurization of the soil or the crawlspace with respect to indoor building. Sometimes air was pumped into the building or air exchange number was increased. The authors show in detail the design of the performed investigations: these involved different measurement sets with passive electrets and active instruments for continuous data collection. Measurements usually last 3 contiguous weeks and are followed by long period measurements with solid track detectors. Optimization of remedial action performance was investigated when remedial action consisted in active air extraction from the soil under the buildings and fan time regulation was possible. Very often simple and cheap actions allowed a reduction of 90% in radon

  19. Trading leads to scale-free self-organization

    Science.gov (United States)

    Ebert, M.; Paul, W.

    2012-12-01

    Financial markets display scale-free behavior in many different aspects. The power-law behavior of part of the distribution of individual wealth has been recognized by Pareto as early as the nineteenth century. Heavy-tailed and scale-free behavior of the distribution of returns of different financial assets have been confirmed in a series of works. The existence of a Pareto-like distribution of the wealth of market participants has been connected with the scale-free distribution of trading volumes and price-returns. The origin of the Pareto-like wealth distribution, however, remained obscure. Here we show that in a market where the imbalance of supply and demand determines the direction of prize changes, it is the process of trading itself that spontaneously leads to a self-organization of the market with a Pareto-like wealth distribution for the market participants and at the same time to a scale-free behavior of return fluctuations and trading volume distributions.

  20. Waste management and environmental compliance aspects of a major remedial action program

    International Nuclear Information System (INIS)

    Devgun, J.S.; Beskid, N.J.

    1991-01-01

    The Formerly Utilized Sites Remedial Action Program (FUSRAP) is one of four major programs undertaken by the US Department of Energy (DOE) to remediate various sites where radiological contamination remained from programs conducted during the nation's early years of research and development in atomic energy. The remedial actions at the 33 sites that are currently in FUSRAP could generate an estimated total volume of about 1.6 million cubic meters of radioactive waste. Waste disposal is currently estimated to represent about one-third of the total estimated $2.1 billion cost for the entire program over its total duration. Waste management aspects within the program are diverse. The sites range in size from small areas used only for storage operations to large-scale decommissioned industrial facilities where uranium processing and other operations were carried out in the past. Currently, four sites are on the National Priorities List for remediation. Remedial actions at FUSRAP sites have to satisfy the requirements of both the National Environmental Policy Act and the Comprehensive Environmental Response, Compensation and Liability Act, as amended. In addition, a number of federal, state, and local laws as well as Executive Orders and DOE Orders may be applicable or relevant to each site. Several key issues currently face the program, including the mixed waste issue, both from the environmental compliance (with Resource Conservation and Recovery Act) and the disposal technology perspectives. 7 refs., 1 tab

  1. General Principles of the WTO and European Community Laws in Building International Competition Norms

    Directory of Open Access Journals (Sweden)

    Chan Mo Chung

    2002-12-01

    Full Text Available The World Trade Organization (WTO established a Working Group on the interaction between trade and competition policy in 1996. By the Doha Ministerial Declaration, it recognized the case for international competition policy framework and agreed that the relevant negotiations take place after the Fifth Session of the Ministerial Conference. The Working Group is meant to focus on the clarification of: core principles, including transparency, non-discrimination and procedural fairness among others in the period until the Fifth Session. This article attempts to clarify the implications of the core (WTO principles to the would-be international competition laws and practices. It further tries to get lessons from competition law and practices of the European Community. Protection of fundamental rights, proportionality, non-discrimination, transparency, supremacy, subsidiarity and direct effect are the general principles of the European Community law to be discussed in relation to the competition law and policy. It concludes that the general principles of the WTO and EC laws provide guiding principles for the future international competition norms, and makes some preliminary assessment of the present Korean competition law and policy in the light of those principles.

  2. Tank Waste Remediation System optimized processing strategy

    International Nuclear Information System (INIS)

    Slaathaug, E.J.; Boldt, A.L.; Boomer, K.D.; Galbraith, J.D.; Leach, C.E.; Waldo, T.L.

    1996-03-01

    This report provides an alternative strategy evolved from the current Hanford Site Tank Waste Remediation System (TWRS) programmatic baseline for accomplishing the treatment and disposal of the Hanford Site tank wastes. This optimized processing strategy performs the major elements of the TWRS Program, but modifies the deployment of selected treatment technologies to reduce the program cost. The present program for development of waste retrieval, pretreatment, and vitrification technologies continues, but the optimized processing strategy reuses a single facility to accomplish the separations/low-activity waste (LAW) vitrification and the high-level waste (HLW) vitrification processes sequentially, thereby eliminating the need for a separate HLW vitrification facility

  3. Tax Treaties and EC Law : Development, Problems and Solutions

    OpenAIRE

    Muren, Gustaf; Krohn, Peter

    2008-01-01

    Double taxation treaties play a vital part in the international relations between states regarding taxation matters. Since double taxation can occur as soon as a person has income in more than one state, it is very important that there can be effective remedies to the problems that can occur in these situations. Double taxation treaties are necessary in most situations created by international trade and they are even more important in such a free flowing economic co-operation such as the EU, ...

  4. The Geochemical Record of Cultural Eutrophication and Remediation Efforts in Three Connecticut Lakes

    Science.gov (United States)

    Ku, T.; Bourne, H. L.; Tirtajana, S.; Nahar, M.; Kading, T.

    2009-12-01

    Cultural eutrophication is the process whereby human activity increases the amount of nutrients, primarily nitrogen and phosphorous, entering an aquatic ecosystem causing excessive biological growth. To reverse or decelerate cultural eutrophication, many regulatory agencies have implemented stringent laws intended to lower the flux of nutrients into impacted water bodies or have emplaced internal remediation systems designed to decrease primary productivity. To quantify the effects of cultural eutrophication and remediation efforts, we examined sedimentary histories of three eutrophic Connecticut lakes that record the transition from pre-anthropogenic conditions into eutrophication and through recent remediation. The three Connecticut lakes (Lake Waramaug, Beseck Lake, and Amos Lake) represent a range of remediation activities. Since 1983, Lake Waramaug has been the focus of significant remediation efforts including the installation of three hypolimnetic withdrawal / layer aeration systems, zoning regulations to limit runoff, and the stocking and seeding of fish and zooplankton. Beseck Lake has experienced episodic eutrophic conditions, in part due to failing septic systems, and in 2001, 433 residences were converted from septic systems to a city sewer system. Amos Lake serves as a cultural eutrophication end member as it has not has received any major remediation. Multiple freeze and gravity cores were collected from 2005-2008. Radiocarbon, Pb-210, Cs-137, Hg, and Pb measurements determined sediment ages. Organic C accumulation rates, C/N ratios, organic matter delta-15N, bulk sediment Fe and Al concentrations, and P speciation (labile, iron-bound, aluminum-bound, organic, and total) determined sediment and nutrient sources and accumulations. Dithionite-extractable iron, pyrite S, and pyrite delta-34S provided insight into changes in P-Fe-S cycling. The sediment cores represent the last few hundreds of years of lake history and, importantly, some Lake Waramaug

  5. Climate protection laws in Taiwan; Klimaschutzrecht in Taiwan

    Energy Technology Data Exchange (ETDEWEB)

    Chiu, Yen-Lin Agnes [Fu Jen Catholic Univ., Taipei, Taiwan (China). School of Law

    2014-07-01

    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.

  6. International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership.

    Science.gov (United States)

    Fooks, Gary; Gilmore, Anna B

    2014-01-01

    Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally.

  7. Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2012-01-01

    Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1998-12-31

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

  9. Mizan Law Review - Vol 11, No 1 (2017)

    African Journals Online (AJOL)

    Deliverables and pledges under Ethiopian Trade Competition Law: the need for private sector empowerment and enablement · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT. Elias N. Stebek, 32-63. http://dx.doi.org/10.4314/mlr.v11i1.2 ...

  10. One Health, One World—The Intersecting Legal Regimes of Trade, Climate Change, Food Security, Humanitarian Crises, and Migration

    OpenAIRE

    Garcia, Kelli K.; Gostin, Lawrence O.

    2012-01-01

    Today’s global health challenges require a multi-sectoral approach in which health is a fundamental value within global governance and international law. “One Health, One World” provides a unified, harmonious vision of global health governance that supports the wellbeing of humans and animals living in a clean and temperate environment. This article focuses on five legal regimes—trade law, food security law, environmental law, humanitarian law, and refugee law—that play a pivotal role in infl...

  11. Gender gap is a trade trap: The road ahead for international development

    OpenAIRE

    MAMOON, Dawood

    2017-01-01

    Abstract. The paper provides an outline of effective gender parity policy in South Asia with a special reference to Pakistan. The need of gender parity as an economic goal is identified by linking gender empowerment as a need to create better trade policy framework. This may provide strong public sector commitment towards bringing and implementing such laws that focus on more female participation in formal schooling as well as skill development.Keywords. Micro education, Trade, Gender empower...

  12. International institutional law unity within diversity

    CERN Document Server

    Schermers, Henry G

    2011-01-01

    In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The books theoretical framework and extensive use of case-studies is designed to appeal to both academics ...

  13. 15 CFR 8a.535 - Effect of state or local law or other requirements.

    Science.gov (United States)

    2010-01-01

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

  14. The balance-of-payments constraint:from balanced trade to sustainable debt

    Directory of Open Access Journals (Sweden)

    Nelson H. Barbosa-Filho

    2001-12-01

    Full Text Available This paper extends the balance-of-payments constraint on growth known as Thirlwall's law to incorporate unbalanced trade and debt accumulation. Assuming that small open economies face a liquidity constraint, the text shows the growth and real-exchange-rate policy rules consistent with a stable ratio of net exports to income. Given such rules, the text shows how the trade balance of a small open economy is residually determined by the ratio of foreign debt to income allowed by international conditions.

  15. The Impact of Institutional Changes on the Vertical Interaction in Trade

    Directory of Open Access Journals (Sweden)

    Maria Е. Agamirova

    2017-12-01

    Full Text Available The Law on Trade was adopted in Russian Federation in 2009. Its main aim was to protect suppliers because suppliers have significantly less bargaining power than retailers (the weak position of suppliers in the bargaining power due to the difficulty of switching to alternative buyers, i.e., outside options (Dzagurova, Agamirova, 2014. The process of adoption of the law and its further application was accompanied by discussions among economists (Avdasheva, 2012; Radaev, 2009, 2010, 2011a, 2011b, 2011c, 2012; Novikov, 2009. On 15 July 2016, the new version of law “On the Principles of State Regulation of Trade in the Russian Federation” from 28.12.2009 has been enacted. This article analyzes the impact of change in regulation norms on the parties engaged in vertical interaction. In particular, the new law limits the premiums that suppliers pay to retailers for the sale of certain amount of goods and services from 10% to 5%. Besides that, it became a common practice to include promotion, logistics, preparation, processing and packaging in rewards. Also, changes involved extended payment terms reduction. However, new regulation norms can create serious problems for small suppliers whose rights had to be protected. In particular, it happens because of the absence of a classification of such vertical restraints that take into account the motives of the parties involved.

  16. 26 CFR 1.177-1 - Election to amortize trademark and trade name expenditures.

    Science.gov (United States)

    2010-04-01

    ... franchises or rights to the use of a trademark or trade name. Generally, section 177 will apply to... beginning after December 31, 1955, shall, within the time prescribed by law (including extensions thereof...

  17. DNA-based identification reveals illegal trade of threatened shark species in a global elasmobranch conservation hotspot.

    Science.gov (United States)

    Feitosa, Leonardo Manir; Martins, Ana Paula Barbosa; Giarrizzo, Tommaso; Macedo, Wagner; Monteiro, Iann Leonardo; Gemaque, Romário; Nunes, Jorge Luiz Silva; Gomes, Fernanda; Schneider, Horácio; Sampaio, Iracilda; Souza, Rosália; Sales, João Bráullio; Rodrigues-Filho, Luís Fernando; Tchaicka, Lígia; Carvalho-Costa, Luís Fernando

    2018-02-20

    Here, we report trading of endangered shark species in a world hotspot for elasmobranch conservation in Brazil. Data on shark fisheries are scarce in Brazil, although the northern and northeastern regions have the highest indices of shark bycatch. Harvest is made primarily with processed carcasses lacking head and fins, which hampers reliable species identification and law enforcement on illegal catches. We used partial sequences of two mitochondrial genes (COI and/or NADH2) to identify 17 shark species from 427 samples being harvested and marketed on the northern coast of Brazil. Nine species (53%) are listed under some extinction threat category according to Brazilian law and international authorities (IUCN - International Union for Conservation of Nature; CITES - Convention on International Trade of Endangered Species of Wild Fauna and Flora). The number increases to 13 (76%) if we also consider the Near Threatened category. Hammerhead sharks are under threat worldwide, and composed 18.7% of samples, with Sphyrna mokarran being the fourth most common species among samples. As illegal trade of threatened shark species is a worldwide conservation problem, molecular identification of processed meat or specimens lacking diagnostic body parts is a highly effective tool for species identification and law enforcement.

  18. One Health, One World—The Intersecting Legal Regimes of Trade, Climate Change, Food Security, Humanitarian Crises, and Migration

    Directory of Open Access Journals (Sweden)

    Kelli K. Garcia

    2012-04-01

    Full Text Available Today’s global health challenges require a multi-sectoral approach in which health is a fundamental value within global governance and international law. “One Health, One World” provides a unified, harmonious vision of global health governance that supports the wellbeing of humans and animals living in a clean and temperate environment. This article focuses on five legal regimes—trade law, food security law, environmental law, humanitarian law, and refugee law—that play a pivotal role in influencing health outcomes and are integral to achieving the One Health, One World vision. International trade, for example, opens markets not only to life-saving products such as vaccines, medicines, and medical equipment, but also to life-threatening products such as tobacco and asbestos. If strengthened and enforced, environmental law can decrease air and water pollution, major causes of death and disability. World hunger has been exacerbated by the global economic crisis and climate change, increasing the urgency for international law to enhance food security. Humanitarian law must similarly be strengthened to protect civilians adequately as the nature of warfare continues to change. Refugee law plays a pivotal role in protecting the health of deeply vulnerable people who lack food, shelter, and social stability. Higher standards and more effective compliance are necessary for international law to realize its full potential to safeguard the world's population.

  19. TERMS OF TRADE EVOLUTION, CAUSES AND EFFECTS: CASE STUDY ROMANIA

    Directory of Open Access Journals (Sweden)

    Negrea Adrian

    2014-12-01

    Full Text Available Terms of trade are meant to show the ratio by which a country is different in the level and dynamics of revenues from the exchange made by different categories of products on the external markets. The level of recorded revenues from the commercialization of products and services varies from country to country, and there is rarely a mutually beneficial exchange situation from these operations. Trade efficiency analysis lies in the determination of the terms of trade. In the current paper, international developments are analyzed based on net terms of trade index used by UNCTAD. Statistical data are provided by the World Bank, where export and import price index and the volume of imports and exports by countries were considered. The classification of the countries has been done according to the geographical orientation and based on the purchasing power parity, thus creating two tables, the first table highlighting seven regions, and the second table with seven categories of states including OPEC and non-OPEC members. The terms of trade evolution are influenced by certain important factors in the production process of goods and services. Some of these factors are mentioned: labour productivity; changes in commodity prices; yet, only the last factor is examined in this paper. Based on World Bank commodity price data, the evolution of major energy inputs such as crude oil, gas, coal, and major industrial raw materials such as aluminium, copper, lead, nickel, tin, zinc, silver, gold, platinum and iron was analysed and interpreted. For Romania, the data on terms of trade evolution shows a dramatic situation. If terms of trade development presented a cyclical evolution, the economy as a whole would send an optimistic message. In contrast, the data presented in the following paper will show that our country has registered continuous depreciation of the terms of trade ratio, with a direct impact on external trade balance deficits, a rising external debt

  20. The EU Seal Products Ban – Why Ineffective Animal Welfare Protection Cannot Justify Trade Restrictions under European and International Trade Law

    Directory of Open Access Journals (Sweden)

    Martin Hennig

    2015-03-01

    Full Text Available In this article, the author questions the legitimacy of the general ban on trade in seal products adopted by the European Union. It is submitted that the EU Seal Regime, which permits the marketing of Greenlandic seal products derived from Inuit hunts, but excludes Canadian and Norwegian seal products from the European market, does not ensure a satisfactory degree of animal welfare protection in order to justify the comprehensive trade restriction in place. It is argued that the current ineffective EU ban on seal products, which according to the WTO Appellate Body cannot be reconciled with the objective of protecting animal welfare, has no legal basis in EU Treaties and should be annulled.

  1. Electrodialytic soil remediation

    DEFF Research Database (Denmark)

    Karlsmose, Bodil; Ottosen, Lisbeth M.; Hansen, Lene

    1999-01-01

    The paper gives an overview of how heavy metals can be found in the soil and the theory of electrodialytic remediation. Basically electrodialytic remediation works by passing electric current through the soil, and the heavy metals in ionic form will carry some of the current. Ion-exchange membranes...... prevents the protons and the hydroxides ions from the electrode processes to enter the soil. The heavy metals are collected in a concentration compartment, which is separated from the soil by ion-exchange membranes. Examples from remediation experiments are shown, and it is demonstrated that it is possible...... to remediate soil polluted with heavy metals be this method. When adding desorbing agents or complexing agents, chosing the right current density, electrolyte and membranes, the proces can be optimised for a given remediation situation. Also electroosmosis is influencing the system, and if extra water...

  2. International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership

    Science.gov (United States)

    Fooks, Gary; Gilmore, Anna B

    2014-01-01

    Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally. PMID:23788606

  3. Case law

    International Nuclear Information System (INIS)

    Anon.

    2002-01-01

    Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

  4. WTO law and economics and restrictive practices in energy trade : The case of the OPEC cartel

    NARCIS (Netherlands)

    Marhold, Anna

    2016-01-01

    The World Trade Organization cannot deal comprehensively with restrictive export practices maintained by energy cartels such as the OPEC. The main reason for this is the absence of competition rules in the multilateral trading system. However, in spite of the fact that the WTO does not have rules on

  5. Recommendation on measures to safeguard freedom of expression and undistorted competition in EU trade mark law

    DEFF Research Database (Denmark)

    Minssen, Timo

    2015-01-01

    , University of Oxford, United Kingdom Christophe Geiger Associate Professor, Director General and Director of the Research Department, Centre for International Intellectual Property Studies, University of Strasbourg, France Gustavo Ghidini Professor of Intellectual Property and Competition Law, University...... Institute for Innovation and Competition, Munich, Germany Paul van der Kooij Associate Professor of Intellectual Property Law, Leiden Law School, University of Leiden, The Netherlands Annette Kur Senior Researcher, Max Planck Institute for Innovation and Competition, Munich, and Honorary Professor...... Professor of Commercial Law, University of Parma, Italy Timo Minssen Associate Professor, Centre for Information and Innovation Law, University of Copenhagen, Denmark Ansgar Ohly Professor of Civil Law, Intellectual Property and Competition Law, University of Munich, Germany Alexander Peukert Professor...

  6. Annual status report on the Uranium Mill Tailings Remedial Action Program

    International Nuclear Information System (INIS)

    1989-12-01

    This eleventh annual status report summarizes activities of the Uranium Mill Tailings Remedial Action (UMTRA) Project undertaken during Fiscal Year (FY) 1989 by the US Department of Energy (DOE) and other agencies. Project goals for FY 1990 are also presented. An annual report of this type was a statutory requirement through January 1, 1986, pursuant to the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978, Public Law (PL) 95--604. The DOE will continue to submit an annual report through project completion in order to inform the public of yearly project status. Title I of the UMTRCA authorizes the DOE, in cooperation with affected states and Indian tribes within whose boundaries designated uranium processing sites are located, to provide a program of assessment and remedial action at such sites. The purpose of the remedial action is to stabilize and control the tailings and other residual radioactive materials located on the inactive uranium processing sites in a safe and environmentally sound manner and to minimize or eliminate potential radiation health hazards. Commercial and residential properties in the vicinity of designated processing sites that are contaminated with material from the sites, herein referred to as ''vicinity properties,'' are also eligible for remedial action. Included in the UMTRA Project are 24 inactive uranium processing sites and associated vicinity properties located in 10 states, and the vicinity properties associated with Edgemont, South Dakota, an inactive uranium mill currently owned by the Tennessee Valley Authority (TVA)

  7. Annual status report on the Uranium Mill Tailings Remedial Action Program

    Energy Technology Data Exchange (ETDEWEB)

    1989-12-01

    This eleventh annual status report summarizes activities of the Uranium Mill Tailings Remedial Action (UMTRA) Project undertaken during Fiscal Year (FY) 1989 by the US Department of Energy (DOE) and other agencies. Project goals for FY 1990 are also presented. An annual report of this type was a statutory requirement through January 1, 1986, pursuant to the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978, Public Law (PL) 95--604. The DOE will continue to submit an annual report through project completion in order to inform the public of yearly project status. Title I of the UMTRCA authorizes the DOE, in cooperation with affected states and Indian tribes within whose boundaries designated uranium processing sites are located, to provide a program of assessment and remedial action at such sites. The purpose of the remedial action is to stabilize and control the tailings and other residual radioactive materials located on the inactive uranium processing sites in a safe and environmentally sound manner and to minimize or eliminate potential radiation health hazards. Commercial and residential properties in the vicinity of designated processing sites that are contaminated with material from the sites, herein referred to as vicinity properties,'' are also eligible for remedial action. Included in the UMTRA Project are 24 inactive uranium processing sites and associated vicinity properties located in 10 states, and the vicinity properties associated with Edgemont, South Dakota, an inactive uranium mill currently owned by the Tennessee Valley Authority (TVA).

  8. The problem of using trade secrets in economic relations

    Directory of Open Access Journals (Sweden)

    А. О. Олефір

    2015-05-01

    Full Text Available Problem setting. In a market economy and increased competition between enterprises become increasingly important concepts such as business information, trade secrets, know-how, confidential information, the information with restricted access. Given the fact that only one patent protection is unable to meet the needs of researchers, in addition to formal public protection and secured legal means we would like to pay attention at private legal measures, particular, the mode of trade secrets. Recent research and publications analysis. Different aspects of the protection of trade secrets were investigated by specialists such as G. Androschuk, J. Berzhye, I. Davydov, O. Davydyuk, D. Zadyhaylo, P. Kraynov, G. Nikiforov, S. Nikiforov, V. Rubanov, E. Solovyov, L. Hoffman, V. Chaplygin, A. Cherniavsky and others. However, at present there is a lack of comprehensive research of this legal phenomenon, equally useful for innovators and businesses that actively protect corporate security. Paper objective. This article is planned to determine the legal characteristics, structural elements and mechanisms by which the use of trade secrets in business have a positive impact on innovation development and corporate security entities. Paper main body. On the basis of requirements of Art. 505 Civil Code of Ukraine and art. 39 of the TRIPS Agreement we formulated commercial information signs under which it receives legal protection as an object of intellectual property: (1 privacy (real or potential in the sense that it is as a whole or in a precise combination of aggregate and its components are not generally known or available to persons in the circles that normally deal with such information; (2 commercial value (not purely industrial or industrial, due to its secrecy; this information is unknown to others, which is a commercial interest; (3 the lawful holder of the information provides active special measures (technical, organizational, legal to preserve secrecy

  9. Environmental assessment of remedial action at the Naturita Uranium Processing Site near Naturita, Colorado

    International Nuclear Information System (INIS)

    1994-05-01

    The Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978, Public Law (PL) 95-604, authorized the US Department of Energy (DOE) to perform remedial action at the Naturita, Colorado, uranium processing site to reduce the potential health effects from the radioactive materials at the site and at vicinity properties associated with the site. The US Environmental Protection Agency (EPA) promulgated standards for the UMTRCA that contain measures to control the contaminated materials and to protect groundwater quality. Remedial action at the Naturita site must be performed in accordance with these standards and with the concurrence of the US Nuclear Regulatory Commission (NRC) and the state of Colorado. The proposed remedial action for the Naturita processing site is relocation of the contaminated materials and debris to either the Dry Flats disposal site, 6 road miles (mi) [10 kilometers (km)] to the southeast, or a licensed non-DOE disposal facility capable of handling RRM. At either disposal site, the contaminated materials would be stabilized and covered with layers of earth and rock. The proposed Dry Flats disposal site is on land administered by the Bureau of Land Management (BLM) and used primarily for livestock grazing. The final disposal site would cover approximately 57 ac (23 ha), which would be permanently transferred from the BLM to the DOE and restricted from future uses. The remedial action would be conducted by the DOE's Uranium Mill Tailings Remedial Action (UMTRA) Project. This report discusses environmental impacts associated with the proposed remedial action

  10. Pakistan's kidney trade: an overview of the 2007 'Transplantation of Human Organs and Human Tissue Ordinance.' To what extent will it curb the trade?

    Science.gov (United States)

    Raza, Mohsen; Skordis-Worrall, Jolene

    2012-01-01

    Pakistan has the unenviable reputation for being one of the world's leading 'transplant tourism' destinations, largely the buying and selling of kidneys from its impoverished population to rich international patients. After nearly two decades of pressure to formally prohibit the trade, the Government of Pakistan promulgated the 'Transplantation of Human Organs and Human Tissue Ordinance' (THOTO) in 2007. This was then passed by Senate and enshrined in law in March 2010. This paper gives a brief overview of the organ trade within Pakistan and analyses the criteria of THOTO in banning the widespread practise. It then goes on to answer: 'To what extent will THOTO succeed in curbing Pakistan's kidney trade?' This is aided by the use of a comparative case study looking at India's failed organ trade legislation. This paper concludes THOTO has set a strong basis for curbing Pakistan's kidney trade. However, for this to be successfully achieved, it needs to be implemented with strong and sustained political will, strict and efficient enforcement as well as effective monitoring and evaluation. Efforts are needed to tackle both 'supply' and 'demand' factors of Pakistan's kidney trade, with developed countries also having a responsibility to reduce the flow of citizens travelling to Pakistan to purchase a kidney.

  11. Is world trade law a barrier to saving our climate? Questions and answers

    International Nuclear Information System (INIS)

    Bernasconi-Osterwalder, N.; Norpoth, J.

    2009-09-01

    The present 'Questions and Answers' provide an overview of the various climate-related measures and policies that fall under the scope of the WTO (World Trade Organization) and offers an initial assessment of their WTO-compatibility. Is the WTO blocking progress in the fight against climate change? This was the question at the origin of this legal analysis. With this paper and its simple question and answer format, we hope to dispel some myths and shed some light on the reality of world trade rules in their relation with climate-friendly measures. In the end, we hope to encourage policy-makers in Europe and around the world not to see the WTO as an insurmountable barrier and not to use it as an excuse against strong action on climate change.

  12. Trade rules and exchange rate misalignments: in search for a WTO solution

    Directory of Open Access Journals (Sweden)

    Vera Thorstensen

    2014-09-01

    Full Text Available The debate on the link between trade rules and rules on exchange rates is raising the attention of experts on international trade law and economics. The main purpose of this paper is to analyze the impacts of exchange rate misalignments on tariffs as applied by the WTO - World Trade Organization. It is divided into five sections: the first one explains the methodology used to determine exchange rate misalignments and also presents its results for Brazil, U.S. and China; the second summarizes the methodology applied to calculate the impacts of exchange rate misalignments on the level of tariff protection through an exercise of "misalignment tariffication"; the third examines the effects of exchange rate variations on tariffs and their consequences for the multilateral trading system; the fourth one creates a methodology to estimate exchange rates against a currency of the World and a proposal to deal with persistent and significant misalignments related to trade rules. The conclusions are present in the last section.

  13. Efficiency of the emission trading. A contribution to the climate protection law

    International Nuclear Information System (INIS)

    Frenz, Walter

    2014-01-01

    The contribution discusses the following topics: Inclusion of additional sectors into the emission trading: road traffic and sea traffic, the stepwise realization and difficulties; the failed inclusion of air traffic, rigid penalties in case of violation of the fee delivery, thread for the complete mechanism, over-compliance in Germany and international perspectives.

  14. Rights and obligations of communal enterprises under Polish administrative law

    International Nuclear Information System (INIS)

    Filipek, J.

    1992-01-01

    The paper elucidates the legal environment in which Polish power producing and distributing enterprises operate. In particular, the different forms of communal enterprises are described: public owned companies; public owned companies serving ''higher purposes''; communal enterprises operating on the strength of special laws; forms of organization subject to private law. Over the long term the rules in the sphere of the communal economy can be simplified. As the administrative judiciary develops, comprehensive administrative surveillance will become superfluous. The communal enterprises render their services to the citizen. The legal remedies at the citizen's disposal are the administrative complaint and the appeal to the administrative courts. (orig./HSCH) [de

  15. Prescription of the High Risk Narcotics and Trading or Illicit Purchasing of High Risk Narcotics

    Directory of Open Access Journals (Sweden)

    Nicoleta-Elena Buzatu

    2012-05-01

    Full Text Available The present essay will analyze the offence of prescribing high risk narcotics and trading or illicit purchasing of high risk narcotics, as it was regulated - together with other offences - by Law no 143 of July 26, 2000 on preventing and fighting against the traffic and illicit consumption of narcotics. The same law defines the meaning of such a phrase “substances which are under national control” by mentioning the fact that they are the narcotics and their precursors listed in Annexes I-IV of the law. The analysis of the offence of prescribing the high risk narcotics and trading or illicit purchasing of high risk narcotics is following the already known structure mentioned in the doctrine and which consists of: object and subjects of the offence, its constituent content: the objective side with its material element, the immediate consequence and causality connections; the subjective side of the offence, as well as forms and modalities of these offences, and the applicable sanctions, of course.

  16. Remedial action plan and site design for stabilization of the inactive uranium processing site at Naturita, Colorado

    International Nuclear Information System (INIS)

    1993-08-01

    The uranium processing site near Naturita, Colorado, is one of 24 inactive uranium mill sites designated to be cleaned up by the US Department of Energy (DOE) under the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), Public Law 95-604. Part of the UMTRCA requires that the US Nuclear Regulatory Commission (NRC) concur with the DOE's remedial action plan (RAP) and certify that the remedial action conducted at the site complies with the standards promulgated by the US Environmental Protection Agency (EPA). Included in the RAP is this Remedial Action Selection Report (RAS), which serves two purposes. First, it describes the activities that are proposed by the DOE to accomplish remediation and long-term stabilization and control of the radioactive materials at the inactive uranium processing site near Naturita, Colorado. Second, this document and the rest of the RAP, upon concurrence and execution by the DOE, the state of Colorado, and the NRC, become Appendix B of the cooperative agreement between the DOE and the State of Colorado

  17. Topical Day on Site Remediation

    Energy Technology Data Exchange (ETDEWEB)

    Vandenhove, H [ed.

    1996-09-18

    Ongoing activities at the Belgian Nuclear Research Centre relating to site remediation and restoration are summarized. Special attention has been paid to the different phases of remediation including characterization, impact assessment, evaluation of remediation actions, and execution of remediation actions.

  18. Nafta due to end most barriers to trade among U.S., Mexico, Canada

    International Nuclear Information System (INIS)

    Anon.

    1992-01-01

    This paper reports that energy companies in the U.S. will benefit --- but not as much as they had hoped --- from the recently drafted North American Free Trade Agreement (Nafta) among the U.S., Mexico, and Canada. Nafta would remove most of the trade barriers between Mexico and the other two countries and supplement the U.S. - Canada Free Trade Agreement to create an open market in North America totaling $6 trillion/year in products and serving more than 360 million persons. Nafta was negotiated under a law that allows Congress to consider the pact for only 90 days, then vote on it without amendments. The pact marks the first time the U.S. has covered environmental concerns in a trade treaty, mainly pollution along the U.S.-Mexico border. The pact also is consistent with the international General Agreement on Tariffs and Trade (GATT)

  19. The safety regime concerning transboundary movement of radioactive waste and its compatibility with the trade regime of the WTO

    International Nuclear Information System (INIS)

    Strack, L.

    2004-01-01

    There is now extensive international law which regulates or prohibits the transboundary movement of radioactive waste. It seems likely that the trade restrictive provisions of the safety regime could be justified under the scope of Article X XI or X X GATT(general agreement on tariffs and trade). If a legitimate non proliferation issue were involved it is likely that any WTO (world trade organization) dispute settlement organ would allow governments the use of exceptions. Thus, the emerging international radioactive waste regime seems reconcilable under the WTO system. However, further clarification by the political, not the dispute settlement, institutions of the WTO would remove any remaining uncertainty by reaffirming the requirements of current law. Achieving sustainable development requires a coherent framework of global environment and economic governance. (N.C.)

  20. The Danish law on the posting of workers

    DEFF Research Database (Denmark)

    Lind, Martin Gräs

    2010-01-01

    This article reviews the background to the Law on the posting of workers and its development in the 10 years it has been in force. The interaction with EU law and the consequences of the Laval decision are also described. Finally there is a focus on selected problems that have been identified as ...... as theoretical and practical problem areas for the rules on the posting of workers. The question of the general right of trade unions to monitor compliance with collective bargains has not previously been dealt with more systematically in the Danish legal literature......This article reviews the background to the Law on the posting of workers and its development in the 10 years it has been in force. The interaction with EU law and the consequences of the Laval decision are also described. Finally there is a focus on selected problems that have been identified...

  1. Teaching via the Internet: A Brief Review of Copyright Law and Legal Issues.

    Science.gov (United States)

    Lan, Jiang; Dagley, Dave

    1999-01-01

    Focuses on legal problems related to copyright that might arise from teaching via the Internet. Discusses the basics of copyright law; owner's rights; subject matter of copyright; copyright requirements; infringement action and remedies; the fair-use doctrine; guidelines for classroom copying; two views about controls on the Internet; the White…

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1995-12-31

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

  3. Multiplicative point process as a model of trading activity

    Science.gov (United States)

    Gontis, V.; Kaulakys, B.

    2004-11-01

    Signals consisting of a sequence of pulses show that inherent origin of the 1/ f noise is a Brownian fluctuation of the average interevent time between subsequent pulses of the pulse sequence. In this paper, we generalize the model of interevent time to reproduce a variety of self-affine time series exhibiting power spectral density S( f) scaling as a power of the frequency f. Furthermore, we analyze the relation between the power-law correlations and the origin of the power-law probability distribution of the signal intensity. We introduce a stochastic multiplicative model for the time intervals between point events and analyze the statistical properties of the signal analytically and numerically. Such model system exhibits power-law spectral density S( f)∼1/ fβ for various values of β, including β= {1}/{2}, 1 and {3}/{2}. Explicit expressions for the power spectra in the low-frequency limit and for the distribution density of the interevent time are obtained. The counting statistics of the events is analyzed analytically and numerically, as well. The specific interest of our analysis is related with the financial markets, where long-range correlations of price fluctuations largely depend on the number of transactions. We analyze the spectral density and counting statistics of the number of transactions. The model reproduces spectral properties of the real markets and explains the mechanism of power-law distribution of trading activity. The study provides evidence that the statistical properties of the financial markets are enclosed in the statistics of the time interval between trades. A multiplicative point process serves as a consistent model generating this statistics.

  4. EnviroTRADE: Its role in the cleanup of the environment

    International Nuclear Information System (INIS)

    Harrington, M.W.; Harlan, C.P.

    1992-01-01

    In support of the US Department of Energy's commitment to the remediation of waste sites throughout its complex, the DOE has recognized that it can accelerate its technology development efforts and leverage the expenditure of available funds through an international cooperation among government entities, private industry, and educational institutions. To support the technology transfer of environmental information, the DOE has sponsored the development of EnviroTRADE -- an international information system that will facilitate the exchange of environmental restoration and waste management technologies worldwide. The system will contain profiles on both environmental restoration/waste management needs and foreign/domestic technologies. Users will be able to identify matches between worldwide needs and available or emerging technologies. Where matches between needs and existing technologies are not found, the system will identify the potential for development of new and innovative technologies to address environmental problems. EnviroTRADE will also provide general information on international environmental restoration and waste management organizations, sites, activities, and contacts

  5. Optimization of a regenerative Brayton cycle by maximization of a newly defined second law efficiency

    NARCIS (Netherlands)

    Haseli, Y.

    2013-01-01

    The idea is to find out whether 2nd law efficiency optimization may be a suitable trade-off between maximum work output and maximum 1st law efficiency designs for a regenerative gas turbine engine operating on the basis of an open Brayton cycle. The primary emphasis is placed on analyzing the ideal

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

    International Nuclear Information System (INIS)

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

    2006-01-01

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

  7. Insider Trading: Isu Etika, Peraturan dan Sudut Pandang Trader

    Directory of Open Access Journals (Sweden)

    Arief Zuliyanto Susilo

    2016-03-01

    Full Text Available Basically all humans are ethical. When a person experiences an inner conflict in the act is less precise, it is a sign that the person has ethics. Basically also that every person, especially the economic actors are individuals who have opportunistic nature. Options for increasing the personal wealth without thinking of the other party, as long as does not violate or potentially against the law, will be performed. Act of buying and selling by the parties in a debate that still has not led. The researchers have delivered a variety of rationale. Insider trading like a double-edged sword, on the one hand can be stretched buying and selling stocks, on the other hand have an impact on the loss for the other party. Various attempts have been made to remove the various agencies insider trading activities, but insider trading is an activity that is sometimes very difficult to detect and impossible someone dibatas right to sell his possessions. By using literature review and interviews with traders, it was concluded that insider trading will occur if the beneficial regardless of ethical problems. There needs analysis and proper consideration in determining the classification cutoff ethical or not insider trading or selling the permissible limits.

  8. Civil Rights for Trafficked Persons: Recommendations for a More Effective Federal Civil Remedy

    OpenAIRE

    Shannon Lack

    2008-01-01

    In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA) was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its...

  9. Regulation of oil trading: a U.S. and U.K. legal update (or) Death of Transnor

    International Nuclear Information System (INIS)

    Turck, N.B.

    1992-01-01

    Current law in the USA and United Kingdom relating to commodities trading in oil and oil products is an area of uncertainty and case law is not necessarily consistent with regulation. The principal laws relating to commodities trading are reviewed and analysed as they apply to the oil market. In the case of the USA this is the Commodities Exchange Act (CEA) administered by the Commodities Future Trading Commission (CFTC). Conflicting interpretations of the CEA of the US Federal Court in a case concerning the Brent crude transactions of the Transnor company, and by the CFTC, are examined. In contrast to the USA, where transactions and the market are regulated, the United Kingdom regulation is aimed at the traders and their behaviour. In the United Kingdom, the Financial Services Act 1986 (FSA) established self-regulating professional bodies to issue rules governing the conduct of entities carrying on investment business. Rules applying to oil and product traders are issued and enforced by the Security and Futures Authority Ltd (SFA). Additionally the Securities and Investment Board (SIB), the umbrella organisation of the regulatory bodies established by the FSA, has produced an Oil Market Code of Practice which is appended to this article. (UK)

  10. Strategy paper. Remedial design/remedial action 100 Area. Revision 2

    International Nuclear Information System (INIS)

    Donahoe, R.L.

    1995-10-01

    This strategy paper identifies and defines the approach for remedial design and remedial action (RD/RA) for source waste sites in the 100 Area of the Hanford Site, located in southeastern Washington State. This paper provides the basis for the US Department of Energy (DOE) to assess and approve the Environmental Restoration Contractor's (ERC) approach to RD/RA. Additionally, DOE is requesting review/agreement from the US Environmental Protection Agency (EPA) and Washington State Department of Ecology (Ecology) on the strategy presented in this document in order to expedite remedial activities

  11. Salmon Site Remedial Investigation Report, Appendix C

    International Nuclear Information System (INIS)

    1999-01-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  12. Salmon Site Remedial Investigation Report, Exhibit 2

    Energy Technology Data Exchange (ETDEWEB)

    USDOE NV

    1999-09-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  13. Salmon Site Remedial Investigation Report, Appendix D

    International Nuclear Information System (INIS)

    1999-01-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  14. Salmon Site Remediation Investigation Report, Appendix A

    International Nuclear Information System (INIS)

    1999-01-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  15. Salmon Site Remedial Investigation Report, Main Body

    Energy Technology Data Exchange (ETDEWEB)

    US DOE/NV

    1999-09-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  16. Salmon Site Remedial Investigation Report, Exhibit 2

    International Nuclear Information System (INIS)

    1999-01-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  17. Salmon Site Remedial Investigation Report, Appendix C

    Energy Technology Data Exchange (ETDEWEB)

    US DOE/NV

    1999-09-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  18. Salmon Site Remedial Investigation Report, Exhibit 5

    Energy Technology Data Exchange (ETDEWEB)

    USDOE/NV

    1999-09-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  19. Salmon Site Remedial Investigation Report, Exhibit 5

    International Nuclear Information System (INIS)

    1999-01-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  20. African Countries and WTO´s Dispute Settlement Mechanism

    DEFF Research Database (Denmark)

    Alavi, Amin

    2007-01-01

    The WTO Dispute Settlement Mechanism was designed, inter alia, to secure the 'rule of law' within international trade and provide all members with opportunities to exercise their rights under multilateral trade agreements. But, after ten years, no sub-Saharan African country has yet used the option...... to initiate a dispute. This article examines what prevents the WTO Africa Group from using the system and critically reviews the solutions they have proposed to remedy this. It concludes by discussing how this reflects broader problems concerning African participation in WTO, and puts forward some alternative...

  1. New Solutions for Renewable Energy Trading

    Directory of Open Access Journals (Sweden)

    Władysław Mielczarski

    2014-09-01

    Full Text Available The paper presents one of the key problems in renewable energy trading. The support system for RES is operating on financial levels leaving to the RES producers decisions on the energy trade. However, the flawed legal regulations impose the obligations on Default Electricity Supplier (SzU1 to buy all RES production from the installations located in the areas of the SzU operation. Such legal provisions result in the additional burden on the SzU, which main duty is to provide electric energy to customers who do not want to enter competitive electricity markets. Additionally, over interpretation of the Energy Law provisions by the Energy Regulatory Authority (URE2, allowing the RES producers to trade a part of their production on electricity markets leaving the obligation on SzUs, has led to the speculative trade of renewable energy. Some RES producers sell the electricity produced in competitive markets during peak demand hours – usually working days from 7 a.m. to 8 p.m. – when the Power Exchange prices are significantly higher than the obligatory purchase price. When during off peak demand hours electricity prices in the Power Exchange are lower than the obligatory level, RES producers sell the electric energy to SzUs at the obligatory price, determined by the URE. Such an abuse of fair trade results in the additional income for the RES producers being burden on SzUs, which have to transfer such costs to energy endusers. The simulations, carried out for Poland indicate that the additional costs can count for about 200 mln zł per year.

  2. Statistical properties of short-selling and margin-trading activities and their impacts on returns in the Chinese stock markets

    Science.gov (United States)

    Gao, Yan; Gao, Yao

    2015-11-01

    We investigate the collective behaviors of short-selling and margin-trading between Chinese stocks and their impacts on the co-movements of stock returns by cross-correlation and partial correlation analyses. We find that the collective behaviors of margin-trading are largely attributed to the index cohesive force, while those of short-selling are mainly due to some direct interactions between stocks. Interestingly, the dominant role the finance industry plays in the collective behaviors of short-selling could make it more important in affecting the co-movement structure of stock returns by strengthening its relationship with the market index. By detecting the volume-return and volume-volatility relationships, we find that the investors of the two leverage activities are positively triggered by individual stock volatility first, and next, at the return level, margin-buyers show trend-following properties, while short-sellers are probably informative traders who trade on the information impulse of specific firms. However, the return predictability of the two leverage trading activities and their impacts on stock volatility are not significant. Moreover, both tails of the cumulative distributions of the two leverage trading activities are found following the stretched exponential law better than the power-law.

  3. Remedial Design/Remedial Action Work Plan for Operable Units 6-05 and 10-04, Phase III

    Energy Technology Data Exchange (ETDEWEB)

    R. P. Wells

    2006-09-19

    The remedial design/remedial action for Operable Unit 6-05 (Waste Area Group 6) and Operable Unit 10-04 (Waste Area Group 10) - collectively called Operable Unit 10-04 has been divided into four phases. Phase I consists of developing and implementing institutional controls at Operable Unit 10-04 sites and developing and implementing Idaho National Laboratory-wide plans for both institutional controls and ecological monitoring. Phase II will remediate sites contaminated with trinitrotoluene and Royal Demolition Explosive. Phase III will remediate lead contamination at a gun range, and Phase IV will remediate hazards from unexploded ordnance. This Phase III remedial Design/Remedial Action Work Plan addresses the remediation of lead-contaminated soils found at the Security Training Facility (STF)-02 Gun Range located at the Idaho National Laboratory. Remediation of the STF-02 Gun Range will include excavating contaminated soils; physically separating copper and lead for recycling; returning separated soils below the remediation goal to the site; stabilizing contaminated soils, as required, and disposing of the separated soils that exceed the remediation goal; encapsulating and disposing of creosote-contaminated railroad ties and power poles; removing and disposing of the wooden building and asphalt pads found at the STF-02 Gun Range; sampling and analyzing soil to determine the excavation requirements; and when the remediation goals have been met, backfilling and contouring excavated areas and revegetating the affected area.

  4. The role of trade unions in the pursuit of HSE-goals

    International Nuclear Information System (INIS)

    Fjelldal, T.

    1994-01-01

    The conference paper discusses the role of trade unions in Norway in pursuing Health, Safety, Environment (HSE). In the Norwegian tradition social responsible unions, broad participation, continuous development of the company organization, are key factors to improve the working environment. In laws and agreements the unions have a well-defined role in pursuing HSE goals. Joint action programmes between the confederations NHO/LO (Norwegian Employers' Confederation/Norwegian Federation of Trade Unions) and other investments in HSE, pays off. The paper concentrates on the HSE-organization, factors which might improve the working environment, and the union role. 10 refs., 7 figs

  5. The role of trade unions in the pursuit of HSE-goals

    Energy Technology Data Exchange (ETDEWEB)

    Fjelldal, T [Norwegian Oil and Petrochemical Union, NOPEF (Norway)

    1994-12-31

    The conference paper discusses the role of trade unions in Norway in pursuing Health, Safety, Environment (HSE). In the Norwegian tradition social responsible unions, broad participation, continuous development of the company organization, are key factors to improve the working environment. In laws and agreements the unions have a well-defined role in pursuing HSE goals. Joint action programmes between the confederations NHO/LO (Norwegian Employers` Confederation/Norwegian Federation of Trade Unions) and other investments in HSE, pays off. The paper concentrates on the HSE-organization, factors which might improve the working environment, and the union role. 10 refs., 7 figs.

  6. Brazil’s Market for Trading Forest Certificates

    DEFF Research Database (Denmark)

    Soares-Filho, Britaldo; Rajão, Raoni; Merry, Frank

    2016-01-01

    Brazil faces an enormous challenge to implement its revised Forest Code. Despite big losses for the environment, the law introduces new mechanisms to facilitate compliance and foster payment for ecosystem services (PES). The most promising of these is a market for trading forest certificates (CRAs...... value of US$ 9.2±2.4 billion, with main regional markets forming in the states of Mato Grosso and São Paulo. This would be the largest market for trading forests in the world. Overall, the potential supply of CRAs in Brazilian states exceeds demand, creating an opportunity for additional PES programs...... to use the CRA market. This expanded market could provide not only monetary incentives to conserve native vegetation, but also environmental co-benefits by fostering PES programs focused on biodiversity, water conservation, and climate regulation. Effective implementation of the Forest Code will be vital...

  7. The WHO/WTO study on trade and public health: a critical assessment.

    Science.gov (United States)

    Howse, Robert

    2004-04-01

    This article provides a brief critical examination of a 2002 report jointly issued by the World Health Organization and the World Trade Organization on WTO law and public health. The author argues that the report is in many respects misleading as to the content of WTO law, as interpreted by the Appellate Body of the WTO, its final court. In particular, the WHO/WTO report systematically understates or underestimates the margins of regulatory autonomy that WTO member states have to make regulations that protect public health.

  8. Anonymous electronic trading versus floor trading

    OpenAIRE

    Franke, Günter; Hess, Dieter

    1995-01-01

    This paper compares the attractiveness of floor trading and anonymous electronic trading systems. It is argued that in times of low information intensity the insight into the order book of the electronic trading system provides more valuable information than floor trading, but in times of high information intensity the reverse is true. Thus, the electronic system's market share in trading activity should decline in times of high information intensity. This hypothesis is tested by data on BUND...

  9. Application of EnviroTRADE information system for the cleanup of the former Soviet Union (FSU) site at Komarom Base, Hungary

    International Nuclear Information System (INIS)

    Matalucci, R.V.; Harrington, M.W.; Harlan, C.P.; Kuperberg, J.M.; Biczo, I.L.

    1994-01-01

    During a NATO Advanced Research Workshop (ARW) held in Visegrad, Hungary, June 21-23, 1994, portions of contamination data from the Former Soviet Union (FSU) site at Komarom, Hungary were used to demonstrate the international EnviroTRADE Information System as a tool to assist with the identification of alternative cleanup measures for contaminated sites. The NATO ARW was organized and conducted by the joint Florida State University and the Technical University of Budapest, Center for Hungarian-American Environmental Research, Studies, and Exchanges (CHAERSE). The purpose of the workshop was to develop a strategy for the identification and selection of appropriate low-cost and innovative site remediation technologies and approaches for a typical abandoned FSU site. The EnviroTRADE information system is a graphical, photographical, and textual environmental management tool under development by the U.S. Department of Energy (USDOE) at Sandia National Laboratories (SNL) as a part of the cleanup program of the nuclear weapons complex. EnviroTRADE provides a single, powerful, multi-purpose, multi-user, multi-media, and interactive computer information system for worldwide environmental restoration and waste management (ER/WM). Graphical, photographic, and textual data from the Komarom FSU site were entered into EnviroTRADE. These data were used to make comparative evaluations of site characterization and remediation technologies that might be used to clean up primarily hydrocarbon contamination in the groundwater and soil. Available Hydrogeological and geological features, contaminated soil profiles, and topographical maps were included in the information profiles. Although EnviroTRADE is currently only partially populated (approximately 350 technologies for cleanup are included in the database), the utility of the information system to evaluate possible options for cleanup of the Komarom site has been demonstrated

  10. 75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Science.gov (United States)

    2010-06-09

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

  11. Is Fitts' law continuous in discrete aiming?

    Directory of Open Access Journals (Sweden)

    Rita Sleimen-Malkoun

    Full Text Available The lawful continuous linear relation between movement time and task difficulty (i.e., index of difficulty; ID in a goal-directed rapid aiming task (Fitts' law has been recently challenged in reciprocal performance. Specifically, a discontinuity was observed at critical ID and was attributed to a transition between two distinct dynamic regimes that occurs with increasing difficulty. In the present paper, we show that such a discontinuity is also present in discrete aiming when ID is manipulated via target width (experiment 1 but not via target distance (experiment 2. Fitts' law's discontinuity appears, therefore, to be a suitable indicator of the underlying functional adaptations of the neuro-muscular-skeletal system to task properties/requirements, independently of reciprocal or discrete nature of the task. These findings open new perspectives to the study of dynamic regimes involved in discrete aiming and sensori-motor mechanisms underlying the speed-accuracy trade-off.

  12. Generalized laws of thermodynamics in the presence of correlations.

    Science.gov (United States)

    Bera, Manabendra N; Riera, Arnau; Lewenstein, Maciej; Winter, Andreas

    2017-12-19

    The laws of thermodynamics, despite their wide range of applicability, are known to break down when systems are correlated with their environments. Here we generalize thermodynamics to physical scenarios which allow presence of correlations, including those where strong correlations are present. We exploit the connection between information and physics, and introduce a consistent redefinition of heat dissipation by systematically accounting for the information flow from system to bath in terms of the conditional entropy. As a consequence, the formula for the Helmholtz free energy is accordingly modified. Such a remedy not only fixes the apparent violations of Landauer's erasure principle and the second law due to anomalous heat flows, but also leads to a generally valid reformulation of the laws of thermodynamics. In this information-theoretic approach, correlations between system and environment store work potential. Thus, in this view, the apparent anomalous heat flows are the refrigeration processes driven by such potentials.

  13. Corruption, development and governance indicators predict invasive species risk from trade.

    Science.gov (United States)

    Brenton-Rule, Evan C; Barbieri, Rafael F; Lester, Philip J

    2016-06-15

    Invasive species have an enormous global impact, with international trade being the leading pathway for their introduction. Current multinational trade deals under negotiation will dramatically change trading partnerships and pathways. These changes have considerable potential to influence biological invasions and global biodiversity. Using a database of 47 328 interceptions spanning 10 years, we demonstrate how development and governance socio-economic indicators of trading partners can predict exotic species interceptions. For import pathways associated with vegetable material, a significantly higher risk of exotic species interceptions was associated with countries that are poorly regulated, have more forest cover and have surprisingly low corruption. Corruption and indicators such as political stability or adherence to rule of law were important in vehicle or timber import pathways. These results will be of considerable value to policy makers, primarily by shifting quarantine procedures to focus on countries of high risk based on their socio-economic status. Further, using New Zealand as an example, we demonstrate how a ninefold reduction in incursions could be achieved if socio-economic indicators were used to select trade partners. International trade deals that ignore governance and development indicators may facilitate introductions and biodiversity loss. Development and governance within countries clearly have biodiversity implications beyond borders. © 2016 The Author(s).

  14. Orangutan trade, confiscations, and lack of prosecutions in Indonesia.

    Science.gov (United States)

    Nijman, Vincent

    2017-11-01

    Prosecuting and sentencing law breakers punishes the offender and acts as a deterrent for future law breakers. With thousands of Sumatran and Bornean orangutans (Pongo abelii and P. pygmaeus) having entered private and government rescue centers and facilities, I evaluate the role of successful prosecution in orangutan conservation in Indonesia. Orangutans have been protected in Indonesian since 1931 and they are not allowed to be traded or to be kept as pets. In the period 1993-2016 at least 440 orangutans were formally confiscated, and many more were "donated" to law enforcement agencies. This resulted in seven (7) successful prosecutions by six different courts. Sentencing was lenient (median fine US$ 442 out of a possible US$ 7,600, median prison sentence 8 months out of a possible 5 years) and certainly too low to act as a deterrent. A paradigm shift within government authorities, conservation organizations, the judiciary, and by the general public is needed where trade in orangutans is no longer seen as a crime against an individual animal but as an economic crime that negatively affects society as a whole. Prosecuting offenders for tax evasion, corruption, endangering public health, animal cruelty, and smuggling, in addition to violating protected species laws, would allow for an increase in sentencing, resulting in a stronger deterrent, and greater public support. Conservation and welfare NGOs have a duty to become more proactive in a drive to increase enforcement; rescuing orangutans always has to coincide with prosecuting offenders and failures, and successes of these prosecutions have to be vigorously publicized. Despite numerous commitments made by Indonesia to orangutan conservation, and clear failures to deliver on almost all components, international donors have increased their funding year on year; it is time that this changes to a system where not failure is rewarded but success. © 2017 Wiley Periodicals, Inc.

  15. Letting students discover the power, and the limits, of simple models: Coulomb's law

    Science.gov (United States)

    Bohacek, Peter; Vonk, Matthew; Dill, Joseph; Boehm, Emma

    2017-09-01

    The inverse-square law pops up all over. It's a simplified model of reality that describes light, sound, gravity, and static electricity. But when it's brought up in class, students are often just handed the equations. They rarely have an opportunity to discover Coulomb's law or Newton's law of gravitation for themselves. It's not hard to understand why. A quantitative demonstration of Coulomb's law can be difficult. The forces are smaller than many force sensors can measure and static electricity tends to be finicky. In addition, off-the-shelf units are expensive or difficult to use. As a result, many instructors skip this lab in favor of qualitative demonstrations or simulations. Adolf Cortel sought to remedy this by designing a straightforward experiment for measuring Coulomb's law using charged metalized-glass spheres (Christmas ornaments) and an electronic balance. Building on Cortel's design, we've made a series of video-based experiments that students can use to discover the relationships that underlie electric force.

  16. Functional remediation components: A conceptual method of evaluating the effects of remediation on risks to ecological receptors.

    Science.gov (United States)

    Burger, Joanna; Gochfeld, Michael; Bunn, Amoret; Downs, Janelle; Jeitner, Christian; Pittfield, Taryn; Salisbury, Jennifer

    2016-01-01

    Governmental agencies, regulators, health professionals, tribal leaders, and the public are faced with understanding and evaluating the effects of cleanup activities on species, populations, and ecosystems. While engineers and managers understand the processes involved in different remediation types such as capping, pump and treat, and natural attenuation, there is often a disconnect between (1) how ecologists view the influence of different types of remediation, (2) how the public perceives them, and (3) how engineers understand them. The overall goal of the present investigation was to define the components of remediation types (= functional remediation). Objectives were to (1) define and describe functional components of remediation, regardless of the remediation type, (2) provide examples of each functional remediation component, and (3) explore potential effects of functional remediation components in the post-cleanup phase that may involve continued monitoring and assessment. Functional remediation components include types, numbers, and intensity of people, trucks, heavy equipment, pipes, and drill holes, among others. Several components may be involved in each remediation type, and each results in ecological effects, ranging from trampling of plants, to spreading invasive species, to disturbing rare species, and to creating fragmented habitats. In some cases remediation may exert a greater effect on ecological receptors than leaving the limited contamination in place. A goal of this conceptualization is to break down functional components of remediation such that managers, regulators, and the public might assess the effects of timing, extent, and duration of different remediation options on ecological systems.

  17. Electrokinetic remediation of copper mine tailings

    DEFF Research Database (Denmark)

    Hansen, Henrik K.; Rojo, Adrián; Ottosen, Lisbeth M.

    2007-01-01

    Important process parameters to optimize in electrokinetic soil remediation are those influencing remediation time and power consumption since these directly affect the cost of a remediation action. This work shows how the electrokinetic remediation (EKR) process could be improved by implementing...... bipolar electrodes in the porous material. The bipolar electrodes in EKR meant two improvements: (1) a shorter migration pathway for the contaminant, and (2) an increased electrical conductivity in the remediation system. All together the remediation proceeded faster with lower electrical resistance than...... in similar experiments but without the bipolar electrodes. The new electrokinetic remediation design was tested on copper mine tailings with different applied electric fields, remediation times and pre-treatment. The results showed that the copper removal was increased from 8% (applying 20V for 8 days...

  18. Constitutionalization of international investment law: Indirect expropriation cases, fair and equitable treatment

    Directory of Open Access Journals (Sweden)

    César Higa

    2013-12-01

    Full Text Available The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i International Investment Law is part of Peruvian Legal System; (ii provisions of these laws are mandatory and should be applied domestically; and (iii interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development.

  19. The new proposal for harmonised rules for the online sales of tangible goods: conformity, lack of conformity and remedies: in-depth analysis

    NARCIS (Netherlands)

    Smits, Jan

    2016-01-01

    Upon request by the JURI Committee, this paper evaluates the European Commission proposal of 9 December 2015 harmonizing certain civil law contractual rules for Online Shopping. The directive's approach concerning conformity, lack of conformity and remedies is analized. It also examines the question

  20. Environmental assessment of remedial action at the Naturita Uranium Processing Site near Naturita, Colorado. Revision 4

    Energy Technology Data Exchange (ETDEWEB)

    1994-05-01

    The Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978, Public Law (PL) 95-604, authorized the US Department of Energy (DOE) to perform remedial action at the Naturita, Colorado, uranium processing site to reduce the potential health effects from the radioactive materials at the site and at vicinity properties associated with the site. The US Environmental Protection Agency (EPA) promulgated standards for the UMTRCA that contain measures to control the contaminated materials and to protect groundwater quality. Remedial action at the Naturita site must be performed in accordance with these standards and with the concurrence of the US Nuclear Regulatory Commission (NRC) and the state of Colorado. The proposed remedial action for the Naturita processing site is relocation of the contaminated materials and debris to either the Dry Flats disposal site, 6 road miles (mi) [10 kilometers (km)] to the southeast, or a licensed non-DOE disposal facility capable of handling RRM. At either disposal site, the contaminated materials would be stabilized and covered with layers of earth and rock. The proposed Dry Flats disposal site is on land administered by the Bureau of Land Management (BLM) and used primarily for livestock grazing. The final disposal site would cover approximately 57 ac (23 ha), which would be permanently transferred from the BLM to the DOE and restricted from future uses. The remedial action would be conducted by the DOE`s Uranium Mill Tailings Remedial Action (UMTRA) Project. This report discusses environmental impacts associated with the proposed remedial action.

  1. Remediating Remediation: From Basic Writing to Writing across the Curriculum

    Science.gov (United States)

    Faulkner, Melissa

    2013-01-01

    This article challenges faculty members and administrators to rethink current definitions of remediation. First year college students are increasingly placed into basic writing courses due to a perceived inability to use English grammar correctly, but it must be acknowledged that all students will encounter the need for remediation as they attempt…

  2. The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Cepillo Galvín

    2009-12-01

    Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.

  3. Market impact and trading profile of hidden orders in stock markets.

    Science.gov (United States)

    Moro, Esteban; Vicente, Javier; Moyano, Luis G; Gerig, Austin; Farmer, J Doyne; Vaglica, Gabriella; Lillo, Fabrizio; Mantegna, Rosario N

    2009-12-01

    We empirically study the market impact of trading orders. We are specifically interested in large trading orders that are executed incrementally, which we call hidden orders. These are statistically reconstructed based on information about market member codes using data from the Spanish Stock Market and the London Stock Exchange. We find that market impact is strongly concave, approximately increasing as the square root of order size. Furthermore, as a given order is executed, the impact grows in time according to a power law; after the order is finished, it reverts to a level of about 0.5-0.7 of its value at its peak. We observe that hidden orders are executed at a rate that more or less matches trading in the overall market, except for small deviations at the beginning and end of the order.

  4. Fluctuations around equilibrium laws in ergodic continuous-time random walks.

    Science.gov (United States)

    Schulz, Johannes H P; Barkai, Eli

    2015-06-01

    We study occupation time statistics in ergodic continuous-time random walks. Under thermal detailed balance conditions, the average occupation time is given by the Boltzmann-Gibbs canonical law. But close to the nonergodic phase, the finite-time fluctuations around this mean are large and nontrivial. They exhibit dual time scaling and distribution laws: the infinite density of large fluctuations complements the Lévy-stable density of bulk fluctuations. Neither of the two should be interpreted as a stand-alone limiting law, as each has its own deficiency: the infinite density has an infinite norm (despite particle conservation), while the stable distribution has an infinite variance (although occupation times are bounded). These unphysical divergences are remedied by consistent use and interpretation of both formulas. Interestingly, while the system's canonical equilibrium laws naturally determine the mean occupation time of the ergodic motion, they also control the infinite and Lévy-stable densities of fluctuations. The duality of stable and infinite densities is in fact ubiquitous for these dynamics, as it concerns the time averages of general physical observables.

  5. The trade union freedom of foreigners with no authorization to work

    Directory of Open Access Journals (Sweden)

    Consuelo Nieto Roales-Nieto

    2014-11-01

    Full Text Available The need of working, intended in its most primitive expression, as a mean for subsistence, is one of the fundamental causes for the increasement of migratory movements. As a result, a peculiar situation arises: there are foreign workers to whom the law that regulates the right to work does not apply.As trade union freedom is one of the fundamental rights related to work, it does not apply either. The article analyses the compatibility of the dispositions about foreigners that, in this respect, condition the exercise of the freedom of syndication, to the authorization of permanence in the country or residence permission with the scope of application of trade union freedom right provided by the Spanish Bill of Rights. The study does not try to establish the practical viability of the possibility for a foreigner to be covered by the right of syndication but the legitimacy of the normative implications when foreigner´s law (Ley de extranjería is applied confronted to the principles stated in the Spanish Constitution and in international treaties.

  6. Uranium mill tailings remediation in the USA. A history and lessons learned - 59407

    International Nuclear Information System (INIS)

    Rima, Steve

    2012-01-01

    Document available in abstract form only. Full text of publication follows: Since the 1940's uranium ores have been processed at various locations in the United States to extract and produce uranium and other concentrated materials, first for government (weapons) research and production, and then for nuclear power production. The tailings residue from the uranium milling process contained radioactive (primarily Ra-226) and hazardous chemicals. Large volumes of tailings were produced during the milling process. In the early history of this process the tailings were not recognized as hazardous and were released to the general public for a wide variety of uses, resulting in significant spread of contamination in the vicinity of many operating mills. In the late 1960's and early 1970's laws were enacted at the state and federal level to begin to deal with the legacy of this contamination. Over the course of the next several decades various regulatory agencies were responsible for remediating these sites. Different approaches were used, different end points and definitions of clean were used, and very large sums of public funding were spent on remediating these sites. Rarely was the cost commensurate with the risk reduction obtained through remediation. This paper will present an overview of the history of the uranium mill tailings regulatory and remediation program in the United States, the cost of the program compared to risk reduction, successes and failures, and important lessons learned that should be applied to future efforts in this area. (author)

  7. Application of principles of European law in the Supreme Court of Estonia : [doktoritöö] / Carri Ginter ; juhendaja: Raul Narits

    Index Scriptorium Estoniae

    Ginter, Carri, 1978-

    2008-01-01

    Kaitses Tartus 01. 07. 2008. a.. - Koosneb artiklitest: Access to courts for branches - some thoughts under Estonian and EC law // European competition law review : ECLR (2004) nr. 11, lk. 708-715 ; Constitutional review and EC law in Estonia // European Law Review (2006) nr. 6, lk. 912-923 ; Effective implementation of the Trade Mark Directive in Estonia // European competition law review : ECLR (2007) nr. 6, lk. 337-345 ; Procedural issues relating to EU law in the Estonian Supreme Court // Juridica International. XII. Tartu, 2007, lk. 67-79

  8. French civil law aspects of international sales of oil

    International Nuclear Information System (INIS)

    Moquet, A.

    1992-01-01

    There is not in France, as in London and New York, and organised trade market for crude oil and oil products. French law does not apply to oil futures negotiated in foreign markets, although solicitation in France for transactions in a foreign market is legal only if that market is approved by the French Minister in charge of Economic Affairs. However, French oil producers do enter into OTC forward and commodity swap agreements. Although most of these agreements are standardised and expressly choose English law and the jurisdiction of the High Court of London for resolution of disputes, fundamental principles of French private international law may impose jurisdiction of a French Commercial Court (in case of bankruptcy of the French party for example) and/or rules of necessary application or public order. (author)

  9. The Impact of the Law on the Practice of Public Relations Discourse.

    Science.gov (United States)

    Pohl, Gayle M.

    A review of the literature useful for public relations researchers and students explored the primary legal concerns that public relations practitioners face, including first amendment rights, insider trading, regulations when working with foreign organizations, disclosure, privacy, copyright/trademark law, advertising, and defamation. Public…

  10. Environmental assessment of remedial action at the inactive uraniferous lignite processing sites at Belfield and Bowman, North Dakota

    International Nuclear Information System (INIS)

    Beranich, S.; Berger, N.; Bierley, D.; Bond, T.M.; Burt, C.; Caldwell, J.A.; Dery, V.A.; Dutcher, A.; Glover, W.A.; Heydenburg, R.J.; Larson, N.B.; Lindsey, G.; Longley, J.M.; Millard, J.B.; Miller, M.; Peel, R.C.; Persson-Reeves, C.H.; Titus, F.B.; Wagner, L.

    1989-09-01

    The Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), to clean up the Belfield and Bowman, North Dakota, uraniferous lignite processing sites to reduce the potential health impacts associated with the residual radioactive materials remaining at these sites. Remedial action at these sites must be performed in accordance with the US Environmental Protection Agency's (EPA) standards promulgated for the remedial action and with the concurrence of the US Nuclear Regulatory Commission (NRC) and the state of North Dakota. The inactive Belfield uraniferous lignite processing site is one mile southeast of Belfield, North Dakota. The inactive Bowman uraniferous lignite processing site at the former town of Griffin, is seven miles northwest of Bowman, North Dakota and 65 road miles south of Belfield. Lignite ash from the processing operations has contaminated the soils over the entire 10.7-acre designated Belfield site and the entire 12.1-acre designated Bowman site. Dispersion of the ash has contaminated an additional 20.6 acres surrounding the Belfield processing site and an additional 59.2 acres surrounding the Bowman processing site. The proposed remedial action is to relocate the contaminated materials at the Belfield processing site to the Bowman processing/disposal site for codisposal with the Bowman contaminated soils. The environmental impacts assessed in this EA were evaluated for the proposed remedial action and the no action alternative and demonstrate that the proposed action would not significantly affect the quality of the human environment and would be performed in compliance with applicable environmental laws. The no action alternative would not be consistent with the intent of Public Law 95-604 and would not comply with the EPA standards. 48 refs., 10 figs., 7 tabs

  11. Remediation plans in family medicine residency

    Science.gov (United States)

    Audétat, Marie-Claude; Voirol, Christian; Béland, Normand; Fernandez, Nicolas; Sanche, Gilbert

    2015-01-01

    Abstract Objective To assess use of the remediation instrument that has been implemented in training sites at the University of Montreal in Quebec to support faculty in diagnosing and remediating resident academic difficulties, to examine whether and how this particular remediation instrument improves the remediation process, and to determine its effects on the residents’ subsequent rotation assessments. Design A multimethods approach in which data were collected from different sources: remediation plans developed by faculty, program statistics for the corresponding academic years, and students’ academic records and rotation assessment results. Setting Family medicine residency program at the University of Montreal. Participants Family medicine residents in academic difficulty. Main outcome measures Assessment of the content, process, and quality of remediation plans, and students’ academic and rotation assessment results (successful, below expectations, or failure) both before and after the remediation period. Results The framework that was developed for assessing remediation plans was used to analyze 23 plans produced by 10 teaching sites for 21 residents. All plans documented cognitive problems and implemented numerous remediation measures. Although only 48% of the plans were of good quality, implementation of a remediation plan was positively associated with the resident’s success in rotations following the remediation period. Conclusion The use of remediation plans is well embedded in training sites at the University of Montreal. The residents’ difficulties were mainly cognitive in nature, but this generally related to deficits in clinical reasoning rather than knowledge gaps. The reflection and analysis required to produce a remediation plan helps to correct many academic difficulties and normalize the academic career of most residents in difficulty. Further effort is still needed to improve the quality of plans and to support teachers.

  12. New IAEA guidelines on environmental remediation

    Energy Technology Data Exchange (ETDEWEB)

    Fesenko, Sergey [International Atomic Energy Agency, A2444, Seibersdorf (Austria); Howard, Brenda [Centre for Ecology and Hydrology, Lancaster Environment Centre, LA1 4AP, Lancaster (United Kingdom); Kashparov, Valery [Ukrainian Institute of Agricultural Radiology, 08162, 7, Mashinobudivnykiv str., Chabany, Kyivo-Svyatoshin region, Kyiv (Ukraine); Sanzharova, Natalie [Russian Institute of Agricultural Radiology and Agroecology, Russian Federation, 249032, Obninsk (Russian Federation); Vidal, Miquel [Analytical Chemistry Department-Universitat de Barcelona, Barcelona, 08028 Barcelona (Spain)

    2014-07-01

    In response to the needs of its Member States, the International Atomic Energy Agency (IAEA) has published many documents covering different aspects of remediation of contaminated environments. These documents range from safety fundamentals and safety requirements to technical documents describing remedial technologies. Almost all the documents on environmental remediation are related to uranium mining areas and decommissioning of nuclear facilities. IAEA radiation safety standards on remediation of contaminated environments are largely based on these two types of remediation. The exception is a document related to accidents, namely the IAEA TRS No. 363 'Guidelines for Agricultural Countermeasures Following an Accidental Release of Radionuclides'. Since the publication of TRS 363, there has been a considerable increase in relevant information. In response, the IAEA initiated the development of a new document, which incorporated new knowledge obtained during last 20 years, lessons learned and subsequent changes in the regulatory framework. The new document covers all aspects related to the environmental remediation from site characterisation to a description of individual remedial actions and decision making frameworks, covering urban, agricultural, forest and freshwater environments. Decisions taken to commence remediation need to be based on an accurate assessment of the amount and extent of contamination in relevant environmental compartments and how they vary with time. Major aspects of site characterisation intended for remediation are described together with recommendations on effective sampling programmes and data compilation for decision making. Approaches for evaluation of remedial actions are given in the document alongside the factors and processes which affect their implementation for different environments. Lessons learned following severe radiation accidents indicate that remediation should be considered with respect to many different

  13. Involuntary detention and treatment of the mentally ill: China's 2012 Mental Health Law.

    Science.gov (United States)

    Ding, Chunyan

    2014-01-01

    The long-awaited Mental Health Law of China was passed on 26 October 2012 and took effect on 1 May 2013. Being the first national legislation on mental health, it establishes a basic legal framework to regulate mental health practice and recognizes the fundamental rights of persons with mental disorders. This article focuses on the system of involuntary detention and treatment of the mentally ill under the new law, which is expected to prevent the so-called "Being misidentified as mentally disordered" cases in China. A systematic examination of the new system demonstrates that the Mental Health Law of China implicitly holds two problematic assumptions and does not provide adequate protection of the fundamental rights of the involuntary patients. Administrative enactments and further national legislative efforts are needed to remedy these flaws in the new law. Copyright © 2014 Elsevier Ltd. All rights reserved.

  14. Intellectual Property Law in Indonesia After 2001

    OpenAIRE

    Sinaga, Valerie Selvie

    2013-01-01

    This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such change...

  15. INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

    OpenAIRE

    Valerie Selvie Sinaga

    2013-01-01

    This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such change...

  16. Trading volume and the number of trades

    OpenAIRE

    Marwan Izzeldin

    2007-01-01

    Trading volume and the number of trades are both used as proxies for market activity, with disagreement as to which is the better proxy for market activity. This paper investigates this issue using high frequency data for Cisco and Intel in 1997. A number of econometric methods are used, including GARCH augmented with lagged trading volume and number of trades, tests based on moment restrictions, regression analysis of volatility on volume and trades, normality of returns when standardized by...

  17. Preferential Trade Agreements and the Law and Politics of GATT Article XXIV

    DEFF Research Database (Denmark)

    Alavi, Amin

    2010-01-01

    The tasks Preferential Trade Agreements (PTAs) perform are expressed in their scope and covered issues, thus in order to be WTO compatible these aspects of PTAs should comply with the relevant WTO rules. This paper examines which aspects of PTAs can violate these rules and therefore can be challe...... be challenged before the WTO Dis-pute Settlement Body, who may initiate such cases and why there hasn´t been more cases dealing with this im-portant issue....

  18. Some Similarities and Differences Between Compositions Written by Remedial and Non-Remedial College Freshmen.

    Science.gov (United States)

    House, Elizabeth B.; House, William J.

    The essays composed by 84 remedial and 77 nonremedial college freshmen were analyzed for some features proposed by Mina Shaughnessy as being characteristic of basic writers. The students were enrolled in either a beginning remedial class (098), a class at the next level of remediation (099), or a regular English class (101). The essays were…

  19. 16 CFR 5.63 - Evidence; transcript; in camera orders; proposed findings of fact and conclusions of law.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Evidence; transcript; in camera orders; proposed findings of fact and conclusions of law. 5.63 Section 5.63 Commercial Practices FEDERAL TRADE... findings of fact and conclusions of law. Sections 3.43, 3.44, 3.45, and 3.46 of the Commission's Rules of...

  20. Object reasoning for waste remediation

    International Nuclear Information System (INIS)

    Pennock, K.A.; Bohn, S.J.; Franklin, A.L.

    1991-08-01

    A large number of contaminated waste sites across the United States await size remediation efforts. These sites can be physically complex, composed of multiple, possibly interacting, contaminants distributed throughout one or more media. The Remedial Action Assessment System (RAAS) is being designed and developed to support decisions concerning the selection of remediation alternatives. The goal of this system is to broaden the consideration of remediation alternatives, while reducing the time and cost of making these considerations. The Remedial Action Assessment System is a hybrid system, designed and constructed using object-oriented, knowledge- based systems, and structured programming techniques. RAAS uses a combination of quantitative and qualitative reasoning to consider and suggest remediation alternatives. The reasoning process that drives this application is centered around an object-oriented organization of remediation technology information. This paper describes the information structure and organization used to support this reasoning process. In addition, the paper describes the level of detail of the technology related information used in RAAS, discusses required assumptions and procedural implications of these assumptions, and provides rationale for structuring RAAS in this manner. 3 refs., 3 figs

  1. The surveillance of the electricity wholesale market and emission trading market

    International Nuclear Information System (INIS)

    Luedemann, Volker

    2015-01-01

    The Regulation on Wholesale Market Integrity and Transparency (REMIT) and the German Law on the Establishment of a Market Transparency Office for Wholesale Trade in Electricity and Gas (MTS-G) have fundamentally changed the surveillance of electricity wholesale trade in Germany. From now on the Federal Network Agency and the Federal Cartel Office will be jointly responsible for monitoring the electricity wholesale trade for suspicious market phenomena and abusive behaviour. The REMIT specifies that the electricity trade must be surveilled ''with due consideration to interactions'' with the emission trade system. However, occurrences observed in recent years have shown that the emission trading system is in need of reform. This has also been recognised and has prompted extensive corrective action by the regulatory authorities of the European Union. These changes have yet to be transposed into the national surveillance regimes. The present article explains why the new role accorded to the Federal Network Agency under the REMIT fails to eliminate the structural shortcomings of the old surveillance system. At least the decision to put the collection and evaluation of data exclusively in the hands of the market transparency office and the cooperation this will prompt between the supervisory authorities responsible will make the task of surveilling the energy wholesale trading market a lot easier for the authorities. The energy transition and its exigencies will yet lead to further changes in the market and its surveillance regime.

  2. Regional Trade Agreement and Agricultural Trade in East African ...

    African Journals Online (AJOL)

    Intra-EAC trade is very low, that is, at 9 per cent of the total regional trade, but it is on upward trend. Agricultural trade accounts for over 40 per cent of the intra-EAC trade. This study investigated the effect of EAC regional trade agreement on the regions agricultural trade by analyzing the degree of trade creation and ...

  3. Trade creation and trade diversion in the Canada - United States Free Trade Agreement

    OpenAIRE

    Kimberly A. Clausing

    2001-01-01

    In this paper the changes in trade patterns introduced by the Canada-United States Free Trade Agreement are examined. Variation in the extent of tariff liberalization under the agreement is used to identify the impact of tariff liberalization on the growth of trade both with member countries and non-member countries. Data at the commodity level are used, and the results indicate that the Canada-United States Free Trade Agreement had substantial trade creation effects, with little evidence of ...

  4. Programmatic Environmental Report for remedial actions at UMTRA [Uranium Mill Tailings Remedial Action] Project vicinity properties

    International Nuclear Information System (INIS)

    1985-03-01

    This Environmental Report (ER) examines the environmental consequences of implementing a remedial action that would remove radioactive uranium mill tailings and associated contaminated materials from 394 vicinity properties near 14 inactive uranium processing sites included in the Uranium Mill Tailings Remedial Action (UMTRA) Project pursuant to Public Law 95--604, the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978. Vicinity properties are those properties in the vicinity of the UMTRA Project inactive mill sites, either public or private, that are believed to be contaminated by residual radioactive material originating from one of the 14 inactive uranium processing sites, and which have been designated under Section 102(a)(1) of UMTRCA. The principal hazard associated with the contaminated properties results from the production of radon, a radioactive decay product of the radium contained in the tailings. Radon, a radioactive gas, can diffuse through the contaminated material and be released into the atmosphere where it and its radioactive decay products may be inhaled by humans. A second radiation exposure pathway results from the emission of gamma radiation from uranium decay products contained in the tailings. Gamma radiation emitted from contaminated material delivers an external exposure to the whole body. If the concentration of radon and its decay products is high enough and the exposure time long enough, or if the exposure to direct gamma radiation is long enough, cancers (i.e., excess health effects) may develop in persons living and working at the vicinity properties. 3 refs., 7 tabs

  5. Trade Policy

    OpenAIRE

    Murray Gibbs

    2007-01-01

    In an otherwise insightful and thoughtful article, Sebastian Pfotenhauer (Trade Policy Is Science Policy,” Issues, Fall 2013) might better have entitled his contribution “Trade Policy Needs to Be Reconciled with Science Policy.” The North American Free Trade Agreement (NAFTA) and the agreements administered by the World Trade Organization, particularly the General Agreement on Tariffs and Trade (GATT) and the Technical Barriers to Trade (TBT), were adopted to promote international trade and i...

  6. The impact of the israeli transplantation law on the socio-demographic profile of living kidney donors.

    Science.gov (United States)

    Boas, H; Mor, E; Michowitz, R; Rozen-Zvi, B; Rahamimov, R

    2015-04-01

    The Israeli transplantation law of 2008 stipulated that organ trading is a criminal offense, and banned the reimbursement of such transplants by insurance companies, thus decreasing dramatically transplant tourism from Israel. We evaluated the law's impact on the number and the socio-demographic features of 575 consecutive living donors, transplanted in the largest Israeli transplantation center, spanning 5 years prior to 5 years after the law's implementation. Living kidney donations increased from 3.5 ± 1.5 donations per month in the pre-law period to 6.1 ± 2.4 per month post-law (p socio-demographic characteristics: mean age increased from 35.4 ± 7.4 to 39.9 ± 10.2 (p = 0.001), an increase in the proportion of donors with college level or higher education (31.0% to 63.1%; p tourism and organ trading in accordance with Istanbul Declaration, was associated with an increase in local transplantation activity, mainly from related living kidney donors, and a change in the profile of unrelated donors into an older, higher educated, white collar population. © Copyright 2015 The American Society of Transplantation and the American Society of Transplant Surgeons.

  7. International provision of trade services, trade, and fragmentation

    OpenAIRE

    Deardorff, Alan V.

    2001-01-01

    The author examines the special role that trade liberalization in services industries can play in stimulating trade in both services, and goods. International trade in goods requires inputs from such trade services as transportation, insurance, and finance, for example. Restrictions on services across borders, and within foreign countries add costs, and barriers to international trade. Lib...

  8. The role of law in adaptive governance

    Science.gov (United States)

    Cosens, Barbara A.; Craig, Robin K.; Hirsch, Shana Lee; Arnold, Craig Anthony (Tony); Benson, Melinda H.; DeCaro, Daniel A.; Garmestani, Ahjond S.; Gosnell, Hannah; Ruhl, J.B.; Schlager, Edella

    2018-01-01

    The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities) or to provide remedies for emerging problems (such as pollution). Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal system, we present guidelines for evaluating the role of law in environmental governance to identify the ways in which law can be used, adapted, and reformed to facilitate adaptive governance and to do so in a way that enhances the legitimacy of governmental action. PMID:29780426

  9. The role of law in adaptive governance

    Directory of Open Access Journals (Sweden)

    Barbara A. Cosens

    2017-03-01

    Full Text Available The term "governance" encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities or to provide remedies for emerging problems (such as pollution. Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal system, we present guidelines for evaluating the role of law in environmental governance to identify the ways in which law can be used, adapted, and reformed to facilitate adaptive governance and to do so in a way that enhances the legitimacy of governmental action.

  10. Brazil's Market for Trading Forest Certificates.

    Science.gov (United States)

    Soares-Filho, Britaldo; Rajão, Raoni; Merry, Frank; Rodrigues, Hermann; Davis, Juliana; Lima, Letícia; Macedo, Marcia; Coe, Michael; Carneiro, Arnaldo; Santiago, Leonardo

    2016-01-01

    Brazil faces an enormous challenge to implement its revised Forest Code. Despite big losses for the environment, the law introduces new mechanisms to facilitate compliance and foster payment for ecosystem services (PES). The most promising of these is a market for trading forest certificates (CRAs) that allows landowners to offset their restoration obligations by paying for maintaining native vegetation elsewhere. We analyzed the economic potential for the emerging CRA market in Brazil and its implications for PES programs. Results indicate a potential market for trading 4.2 Mha of CRAs with a gross value of US$ 9.2±2.4 billion, with main regional markets forming in the states of Mato Grosso and São Paulo. This would be the largest market for trading forests in the world. Overall, the potential supply of CRAs in Brazilian states exceeds demand, creating an opportunity for additional PES programs to use the CRA market. This expanded market could provide not only monetary incentives to conserve native vegetation, but also environmental co-benefits by fostering PES programs focused on biodiversity, water conservation, and climate regulation. Effective implementation of the Forest Code will be vital to the success of this market and this hurdle brings uncertainty into the market. Long-term commitment, both within Brazil and abroad, will be essential to overcome the many challenges ahead.

  11. Brazil's Market for Trading Forest Certificates.

    Directory of Open Access Journals (Sweden)

    Britaldo Soares-Filho

    Full Text Available Brazil faces an enormous challenge to implement its revised Forest Code. Despite big losses for the environment, the law introduces new mechanisms to facilitate compliance and foster payment for ecosystem services (PES. The most promising of these is a market for trading forest certificates (CRAs that allows landowners to offset their restoration obligations by paying for maintaining native vegetation elsewhere. We analyzed the economic potential for the emerging CRA market in Brazil and its implications for PES programs. Results indicate a potential market for trading 4.2 Mha of CRAs with a gross value of US$ 9.2±2.4 billion, with main regional markets forming in the states of Mato Grosso and São Paulo. This would be the largest market for trading forests in the world. Overall, the potential supply of CRAs in Brazilian states exceeds demand, creating an opportunity for additional PES programs to use the CRA market. This expanded market could provide not only monetary incentives to conserve native vegetation, but also environmental co-benefits by fostering PES programs focused on biodiversity, water conservation, and climate regulation. Effective implementation of the Forest Code will be vital to the success of this market and this hurdle brings uncertainty into the market. Long-term commitment, both within Brazil and abroad, will be essential to overcome the many challenges ahead.

  12. Air-Based Remediation Workshop - Section 8 Air-Based Remediation Technology Selection Logic

    Science.gov (United States)

    Pursuant to the EPA-AIT Implementing Arrangement 7 for Technical Environmental Collaboration, Activity 11 "Remediation of Contaminated Sites," the USEPA Office of International Affairs Organized a Forced Air Remediation Workshop in Taipei to deliver expert training to the Environ...

  13. The Ne Bis in Idem Principle in the Enforcement of EU Competition Law

    OpenAIRE

    Nguyen, Linda

    2013-01-01

    The current EU competition law enforcement regime was created by Regulation 1/2003 which entered into force on 1 May 2004. In essence, the system is based on a decentralised model where the European Commission and national competition authorities have parallel competences to apply EU competition provisions. National competition authorities and courts are obliged to apply Articles 101 and 102 TFEU whenever they apply national competition law to anti-competitive conduct which may affect trade b...

  14. 200-UP-1 groundwater remedial design/remedial action work plan. Revision 1

    International Nuclear Information System (INIS)

    1997-07-01

    This 200-UP-1 remedial design report presents the objective and rationale developed for the design and implementation of the selected interim remedial measure for the 200-UP-1 Operable Unit, located in the 200 West Area of the Hanford Site

  15. Genealogy Remediated

    DEFF Research Database (Denmark)

    Marselis, Randi

    2007-01-01

    Genealogical websites are becoming an increasingly popular genre on the Web. This chapter will examine how remediation is used creatively in the construction of family history. While remediation of different kinds of old memory materials is essential in genealogy, digital technology opens new...... possibilities. Genealogists use their private websites to negotiate family identity and hereby create a sense of belonging in an increasingly complex society. Digital technologies enhance the possibilities of coorporation between genealogists. Therefore, the websites are also used to present archival...

  16. Keck in Capital? Redefining 'Restrictions' in the 'Golden Shares' Case Law

    NARCIS (Netherlands)

    I Antonaki (Ilektra)

    2016-01-01

    textabstractThe evolution of the case law in the field of free movement of goods has been marked by consecutive changes in the legal tests applied by the Court of Justice of the European Union for the determination of the existence of a trade restriction. Starting with the broad Dassonville and

  17. A trade secret model for genomic biobanking.

    Science.gov (United States)

    Conley, John M; Mitchell, Robert; Cadigan, R Jean; Davis, Arlene M; Dobson, Allison W; Gladden, Ryan Q

    2012-01-01

    Genomic biobanks present ethical challenges that are qualitatively unique and quantitatively unprecedented. Many critics have questioned whether the current system of informed consent can be meaningfully applied to genomic biobanking. Proposals for reform have come from many directions, but have tended to involve incremental change in current informed consent practice. This paper reports on our efforts to seek new ideas and approaches from those whom informed consent is designed to protect: research subjects. Our model emerged from semi-structured interviews with healthy volunteers who had been recruited to join either of two biobanks (some joined, some did not), and whom we encouraged to explain their concerns and how they understood the relationship between specimen contributors and biobanks. These subjects spoke about their DNA and the information it contains in ways that were strikingly evocative of the legal concept of the trade secret. They then described the terms and conditions under which they might let others study their DNA, and there was a compelling analogy to the commonplace practice of trade secret licensing. We propose a novel biobanking model based on this trade secret concept, and argue that it would be a practical, legal, and ethical improvement on the status quo. © 2012 American Society of Law, Medicine & Ethics, Inc.

  18. Energy efficiency and carbon trading potential in Malaysia

    International Nuclear Information System (INIS)

    Oh, Tick Hui; Chua, Shing Chyi

    2010-01-01

    The damage inflicted by global warming is happening far faster than any experts have predicted or anticipated. Since the Kyoto Protocol was signed in 1997 to fight global warming through reducing global greenhouse gases (GHGs) emission, the world climate pattern has worsened at an accelerated rate beyond expectation. While developed countries sanctioned by the protocol are committed to achieve their GHG emission targets, developing nations play similar roles on a voluntary basis. Since almost all of the GHGs emissions come from energy sector, it is obvious that energy policy and related regulatory frameworks play imperative roles in realizing the Kyoto Protocol objectives. With carbon dioxide (CO 2 ) touted as the main remedy in the GHGs emissions, it is only reasonable that carbon trading becomes the essential element in the Protocol. Recently a milestone is marked in the Kyoto Protocol with the 2009 Climate Summit in Copenhagen, Denmark, with all participating countries further committed themselves in fulfilling the protocol's obligations before the commitment period due in 2012. It is worthwhile to review the various energy efficiency efforts and carbon trading potential in Malaysia, a country which although does not bear any obligation, has ratified and lauded the cause of the protocol. Malaysia as a developing nation is seen as a direct beneficiary from carbon trading and in this paper, how the country energy policies have evolved over the years with concerted efforts from the government to minimize its carbon footprint through numerous energy efficiency implementations are discussed in length. The impact from the 2009 Climate Summit on Malaysia is also briefed. (author)

  19. THE WORLD TRADE ORGANIZATION (WTO FREE TRADE WITHIN FAIR TRADE CHALLENGES

    Directory of Open Access Journals (Sweden)

    M. Ya’kub Aiyub Kadir

    2014-06-01

    Full Text Available Free trade and fair trade are considered an ambiguous term with relative meanings of identification. Objectively, free and fair trade does not mean completely free and fair, but it means trade under binding rules obeyed by member countries as a consequence of their commitment after signing and ratification of the WTO agreements. Hence, this paper aims at exploring the issue and does an effort to harmonise between free trade and fair trade within the WTO system. Perdagangan bebas dan perdagangan yang adil adalah dua istilah yang ambigu maknanya. Secara obyektif, perdagangan bebas tidak bermakna bebas dan adil seluruhnya, tetapi bermakna sebuah perdagangan di bawah aturan-aturan mengikat setelah negara anggota menandatangani dan meratifikasi kesepakatan WTO. Tetapi dalam realitas kebanyakan Negara, terutama negara berkembang tidak mampu untuk membuka pasar dan menurunkan tarif secara keseluruhan. Persoalan tidak berimbangnya kekuatan, kurang demokrasi, krisis legitimasi dan dobel standar dalam WTO sistem merupakan sebuah tantangan yang masih berlanjut. Paper ini akan mengkaji persoalan ini dan berupaya mengharmonisasikan antara perdagangan bebas dan adil dalam sistem WTO.

  20. THE WORLD TRADE ORGANIZATION (WTO FREE TRADE WITHIN FAIR TRADE CHALLENGES

    Directory of Open Access Journals (Sweden)

    M. Ya’kub Aiyub Kadir

    2014-06-01

    Full Text Available Free trade and fair trade are considered an ambiguous term with relative meanings of identification. Objectively, free and fair trade does not mean completely free and fair, but it means trade under binding rules obeyed by member countries as a consequence of their commitment after signing and ratification of the WTO agreements. Hence, this paper aims at exploring the issue and does an effort to harmonise between free trade and fair trade within the WTO system.   Perdagangan bebas dan perdagangan yang adil adalah dua istilah yang ambigu maknanya. Secara obyektif, perdagangan bebas tidak bermakna bebas dan adil seluruhnya, tetapi bermakna sebuah perdagangan di bawah aturan-aturan mengikat setelah negara anggota menandatangani dan meratifikasi kesepakatan WTO. Tetapi dalam realitas kebanyakan Negara, terutama negara berkembang tidak mampu untuk membuka pasar dan menurunkan tarif secara keseluruhan. Persoalan tidak berimbangnya kekuatan, kurang demokrasi, krisis legitimasi dan dobel standar dalam WTO sistem merupakan sebuah tantangan yang masih berlanjut. Paper ini akan mengkaji persoalan ini dan berupaya mengharmonisasikan antara perdagangan bebas dan adil dalam sistem WTO.

  1. Tinjauan Yuridis Terhadap Asean-China Free Trade Agreement (ACFTA) Dan Implikasinya Terhadap Pengaturan Penanaman Modal

    OpenAIRE

    NAINGGOLAN, SUSPIM GP; GINTING, BUDIMAN; SIREGAR, MAHMUL

    2013-01-01

    ASEAN-China Free Trade Agreement (ACFTA) is a free agreement which is formed the member countries of ASEAN with China. ACFTA is one of the free Trade Agreement that has been agreed since 2001, and are formed based on the basic of International law, namely the Framework Agreement and Comprehensive Economic Co-operation between ASEAN and The People's Republic of China, which is signed on 4 November 2002 in Phnom Penh, Cambodia, by the heads of government from ASEAN countries and The People's of...

  2. Determinants of corporate cash holdings: Evidence from Portuguese publicly traded firms

    Directory of Open Access Journals (Sweden)

    Fernandes, Filipa

    2017-05-01

    Full Text Available This paper investigates the determinants of cash holdings of publicly traded Portuguese firms. We find that such firms hold less cash than similar companies operating in countries where both shareholders and creditors’ rights are more tightly protected by the law. In addition, our regression results suggest that leverage, other liquid assets, and firm growth are negatively correlated with our sample firms’ cash holdings whereas long-term debt and financial distress are positively correlated. Our findings cannot be reconciled with just one of the existent theories (trade-off, pecking order and free cashflow theory, and emphasize the importance of a country’s legal, institutional, and economic environment for explaining firms’ cash holdings decisions.

  3. Mold: Cleanup and Remediation

    Science.gov (United States)

    ... National Center for Environmental Health (NCEH) Cleanup and Remediation Recommend on Facebook Tweet Share Compartir On This ... CDC and EPA on mold cleanup, removal and remediation. Cleanup information for you and your family Homeowner’s ...

  4. Strategy paper. Remedial design/remedial action 100 Area. Revision 1

    International Nuclear Information System (INIS)

    Donahoe, R.L.

    1995-07-01

    The purpose of this planning document is to identify and define the approach for remedial design and remedial action (RD/RA) in the 100 Area of the Hanford Site, located in southeastern Washington State. Additionally, this document will support the Hanford Site Environmental Restoration Contract (ERC) team, the US Department of Energy (DOE), and regulatory agencies in identifying and agreeing upon the complete process for expedited cleanup of the 100 Area

  5. Electrodialytic Remediation of Copper Mine Tailings

    DEFF Research Database (Denmark)

    Hansen, H.K.; Rojo, A.; Ottosen, L.M.

    2012-01-01

    This work compares and evaluates sixteen electrodialytic laboratory remediation experiments on copper mine tailings. Different parameters were analysed, such as remediation time, addition of desorbing agents, and the use of pulsed electrical fields.......This work compares and evaluates sixteen electrodialytic laboratory remediation experiments on copper mine tailings. Different parameters were analysed, such as remediation time, addition of desorbing agents, and the use of pulsed electrical fields....

  6. The Criminalization of the Theft of Trade Secrets:\\ud An Analysis of the Economic Espionage Act

    OpenAIRE

    Searle, Nicola

    2012-01-01

    This paper presents a law and economics assessment of how the elevation of the theft of trade secrets from civil malfeasance to a felony affects the incentives for both firms and potential thieves. The paper begins with theoretical analysis of the EEA and concludes with an empirical assessment of prosecutions under the EEA. In comparison to penalties used in civil cases, the new incentive of a criminal deterrent to trade secret theft introduces severe consequences, such as incarceration as a ...

  7. APPLIED PHYTO-REMEDIATION TECHNIQUES USING HALOPHYTES FOR OIL AND BRINE SPILL SCARS

    Energy Technology Data Exchange (ETDEWEB)

    M.L. Korphage; Bruce G. Langhus; Scott Campbell

    2003-03-01

    Produced salt water from historical oil and gas production was often managed with inadequate care and unfortunate consequences. In Kansas, the production practices in the 1930's and 1940's--before statewide anti-pollution laws--were such that fluids were often produced to surface impoundments where the oil would segregate from the salt water. The oil was pumped off the pits and the salt water was able to infiltrate into the subsurface soil zones and underlying bedrock. Over the years, oil producing practices were changed so that segregation of fluids was accomplished in steel tanks and salt water was isolated from the natural environment. But before that could happen, significant areas of the state were scarred by salt water. These areas are now in need of economical remediation. Remediation of salt scarred land can be facilitated with soil amendments, land management, and selection of appropriate salt tolerant plants. Current research on the salt scars around the old Leon Waterflood, in Butler County, Kansas show the relative efficiency of remediation options. Based upon these research findings, it is possible to recommend cost efficient remediation techniques for slight, medium, and heavy salt water damaged soil. Slight salt damage includes soils with Electrical Conductivity (EC) values of 4.0 mS/cm or less. Operators can treat these soils with sufficient amounts of gypsum, install irrigation systems, and till the soil. Appropriate plants can be introduced via transplants or seeded. Medium salt damage includes soils with EC values between 4.0 and 16 mS/cm. Operators will add amendments of gypsum, till the soil, and arrange for irrigation. Some particularly salt tolerant plants can be added but most planting ought to be reserved until the second season of remediation. Severe salt damage includes soil with EC values in excess of 16 mS/cm. Operators will add at least part of the gypsum required, till the soil, and arrange for irrigation. The following

  8. MGP site remediation: Working toward presumptive remedies

    International Nuclear Information System (INIS)

    Larsen, B.R.

    1996-01-01

    Manufactured Gas Plants (MGPs) were prevalent in the United States during the 19th and first half of the 20th centuries. MGPs produced large quantities of waste by-products, which varied depending on the process used to manufacture the gas, but most commonly were tars and polynuclear aromatic hydrocarbons. There are an estimated 3,000 to 5,000 abandoned MGP sites across the United States. Because these sites are not concentrated in one geographic location and at least three different manufacturing processes were used, the waste characteristics are very heterogeneous. The question of site remediation becomes how to implement a cost-effective remediation with the variety of cleanup technologies available for these sites. Because of the significant expenditure required for characterization and cleanup of MGP sites, owners and regulatory agencies are beginning to look at standardizing cleanup technologies for these sites. This paper discusses applicable cleanup technologies and the attitude of state regulatory agencies towards the use of presumptive remedies, which can reduce the amount of characterization and detailed analysis necessary for any particular site. Additionally, this paper outlines the process of screening and evaluating candidate technologies, and the progress being made to match the technology to the site

  9. Site remediation: The naked truth

    International Nuclear Information System (INIS)

    Calloway, J.M.

    1991-01-01

    The objective of any company faced with an environmental site remediation project is to perform the cleanup effectively at the lowest possible cost. Today, there are a variety of techniques being applied in the remediation of sites involving soils and sludges. The most popular include: stabilization, incineration, bioremediation and off-site treatment. Dewatering may also play an integral role in a number of these approaches. Selecting the most cost-effective technique for remediation of soils and sludges can be a formidable undertaking, namely because it is often difficult to quantify certain expenses in advance of the project. In addition to providing general cost guidelines for various aspects of soil and sludge remediation, this paper will show how some significant cost factors can be affected by conditions related to specific remediation projects and the cleanup technology being applied

  10. Remediation using trace element humate surfactant

    Energy Technology Data Exchange (ETDEWEB)

    Riddle, Catherine Lynn; Taylor, Steven Cheney; Bruhn, Debra Fox

    2016-08-30

    A method of remediation at a remediation site having one or more undesirable conditions in which one or more soil characteristics, preferably soil pH and/or elemental concentrations, are measured at a remediation site. A trace element humate surfactant composition is prepared comprising a humate solution, element solution and at least one surfactant. The prepared trace element humate surfactant composition is then dispensed onto the remediation site whereby the trace element humate surfactant composition will reduce the amount of undesirable compounds by promoting growth of native species activity. By promoting native species activity, remediation occurs quickly and environmental impact is minimal.

  11. Remedial action and waste disposal project: 100-B/C remedial action readiness evaluation plan

    International Nuclear Information System (INIS)

    April, J.G.; Bryant, D.L.; Cislo, G.B.

    1996-06-01

    The Readiness Evaluation Plan presents the methodology used to assess the readiness of the 100-B/C Remedial Action Project. The 100 Areas Remedial Action Project will remediate the 100 Areas liquid waste site identified in the Interim Action Record of Decision for the 100- BC-1, 100-DR-1, and 100-HR-1 Operable Units. These sites are located in the 100 Area of the Hanford Site in Richland, Washington

  12. Thermal soil remediation

    International Nuclear Information System (INIS)

    Nelson, D.

    1999-01-01

    The environmental properties and business aspects of thermal soil remediation are described. Thermal soil remediation is considered as being the best option in cleaning contaminated soil for reuse. The thermal desorption process can remove hydrocarbons such as gasoline, kerosene and crude oil, from contaminated soil. Nelson Environmental Remediation (NER) Ltd. uses a mobile thermal desorption unit (TDU) with high temperature capabilities. NER has successfully applied the technology to target heavy end hydrocarbon removal from Alberta's gumbo clay in all seasons. The TDU consist of a feed system, a counter flow rotary drum kiln, a baghouse particulate removal system, and a secondary combustion chamber known as an afterburner. The technology has proven to be cost effective and more efficient than bioremediation and landfarming

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

    Science.gov (United States)

    Weitz, Lesley A.; Swieringa, Kurt A.

    2018-01-01

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

  14. Tank waste remediation system retrieval and disposal mission initial updated baseline summary

    International Nuclear Information System (INIS)

    Swita, W.R.

    1998-01-01

    This document provides a summary of the Tank Waste Remediation System (TWRS) Retrieval and Disposal Mission Initial Updated Baseline (scope, schedule, and cost), developed to demonstrate Readiness-to-Proceed (RTP) in support of the TWRS Phase 1B mission. This Updated Baseline is the proposed TWRS plan to execute and measure the mission work scope. This document and other supporting data demonstrate that the TWRS Project Hanford Management Contract (PHMC) team is prepared to fully support Phase 1B by executing the following scope, schedule, and cost baseline activities: Deliver the specified initial low-activity waste (LAW) and high-level waste (HLW) feed batches in a consistent, safe, and reliable manner to support private contractors' operations starting in June 2002; Deliver specified subsequent LAW and HLW feed batches during Phase 1B in a consistent, safe, and reliable manner; Provide for the interim storage of immobilized HLW (IHLW) products and the disposal of immobilized LAW (ILAW) products generated by the private contractors; Provide for disposal of byproduct wastes generated by the private contractors; and Provide the infrastructure to support construction and operations of the private contractors' facilities

  15. Status and outlook for the WISMUT Remediation Project in the States of Thuringia and Saxony, Germany

    International Nuclear Information System (INIS)

    Hagen, M.; Gatzweiler, R.; Jakubick, A.T.

    2002-01-01

    The ongoing WISMUT Remediation Program deals with the legacy of more than 40 years of largescale uranium mining and processing in the densely populated areas of Eastern Thuringia and Saxony (Germany). The mining and processing operations (total uranium production more than 220,000 tonnes) comprise an area of approx. 37 km 2 . WISMUT started with a complex site investigation program to determine the degree of contamination of affected areas and an extended environmental monitoring system of the pathways was established. The overall approach follows the general rule of guiding, planning and implementation of the site specific rehabilitation projects to ensure an optimal balance between rehabilitation costs and environmental benefits while complying with the applicable laws and requirements of the permitting agencies. The WISMUT approach to remediation can be viewed as an adaptable process tailored to specific circumstances and site specific situations taking public interests into account. Remediation solutions will be demonstrated by various site specific examples. The WISMUT decommissioning and rehabilitation project is now in its eleventh year and by middle of the year 2000 approximately half of the cleanup has been finished. A well thought out approach to water treatment and timely adjustment to changing conditions will help save water treatment costs. Consideration of the post rehabilitation use and surveillance requirements are an integral part of the optimisation of the remedial measures. (author)

  16. Salmon Site Remedial Investigation Report, Appendix B (Part 2)

    International Nuclear Information System (INIS)

    1999-01-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  17. Salmon Site Remedial Investigation Report, Appendix B (Part 1)

    International Nuclear Information System (INIS)

    1999-01-01

    This Salmon Site Remedial Investigation Report provides the results of activities initiated by the U.S. Department of Energy (DOE) to determine if contamination at the Salmon Site poses a current or future risk to human health and the environment. These results were used to develop and evaluate a range of risk-based remedial alternatives. Located in Lamar County, Mississippi, the Salmon Site was used by the U.S. Atomic Energy Commission (predecessor to the DOE) between 1964 and 1970 for two nuclear and two gas explosions conducted deep underground in a salt dome. The testing resulted in the release of radionuclides into the salt dome. During reentry drilling and other site activities, liquid and solid wastes containing radioactivity were generated resulting in surface soil and groundwater contamination. Most of the waste and contaminated soil and water were disposed of in 1993 during site restoration either in the cavities left by the tests or in an injection well. Other radioactive wastes were transported to the Nevada Test Site for disposal. Nonradioactive wastes were disposed of in pits at the site and capped with clean soil and graded. The preliminary investigation showed residual contamination in the Surface Ground Zero mud pits below the water table. Remedial investigations results concluded the contaminant concentrations detected present no significant risk to existing and/or future land users, if surface institutional controls and subsurface restrictions are maintained. Recent sampling results determined no significant contamination in the surface or shallow subsurface. The test cavity resulting from the experiments is contaminated and cannot be economically remediated with existing technologies. The ecological sampling did not detect biological uptake of contaminants in the plants or animals sampled. Based on the current use of the Salmon Site, the following remedial actions were identified to protect both human health and the environment: (1) the

  18. Remedial action and waste disposal project -- 300-FF-1 remedial action readiness assessment plan

    International Nuclear Information System (INIS)

    April, J.G.; Carlson, R.A.; Greif, A.A.; Johnson, C.R.; Orewiler, R.I.; Perry, D.M.; Plastino, J.C.; Roeck, F.V.; Tuttle, B.G.

    1997-04-01

    This Readiness Assessment Plan presents the methodology used to assess the readiness of the 300-FF-1 Remedial Action Project. Remediation involves the excavation, treatment if applicable, and final disposal of contaminated soil and debris associated with the waste sites in the 300-FF-1 Operable Unit. The scope of the 300-FF-1 remediation is to excavate, transport, and dispose of contaminated solid from sites identified in the 300-FF-1 Operable Unit

  19. From Lëtzebuerg to Luxembourg: EU Law, Non-Discrimination and Pregnancy

    OpenAIRE

    BELAVUSAU, Uladzislau

    2010-01-01

    [Virginie Pontin v. T-Comalux SA, ECJ (Third Chamber), Judgment of 29 October 2009, C-63/08] In autumn 2009 the ECJ made another step forward in fostering gender equality through the instrumental framework of the EU law. The case triggers the right of pregnant women to protection against employers, who use inadequately constructed procedural norms to disguise an illegal dismissal. The Court holds that where the only remedy available under national legislation to a worker dismissed during preg...

  20. Ukraine’s trade and economic priorities in the Black sea economic cooperation

    Directory of Open Access Journals (Sweden)

    Andriy Goncharuk

    2013-06-01

    Full Text Available The article is devoted to the substantiation of trade and economic priorities of Ukraine’s integration into the Black Sea Economic Cooperation (BSEC. The country’s integration options have been analyzed including the Western European vs. pro-Russian integration vector, the bidirectional gravity model, and an alte — native subregional cooperation direction. Ukraine’s sectoral priorities for deepening economic cooperation with the BSEC member countries in the context of implementation of the national interests have been identified, in particular in the field of goods, transport and tourism services, and energy trading. The ways of and instruments for improving Ukraine’s trade activities within the framework of the Black Sea Economic Cooperation have been offered for the various working groups of the Organization that are focused on such areas of cooperation as macroeconomics, policy and law, finance and economics, science and technology, culture and society, infrastructure, and institutional renewal.

  1. Risk-based remediation: Approach and application

    International Nuclear Information System (INIS)

    Frishmuth, R.A.; Benson, L.A.

    1995-01-01

    The principle objective of remedial actions is to protect human health and the environment. Risk assessments are the only defensible tools available to demonstrate to the regulatory community and public that this objective can be achieved. Understanding the actual risks posed by site-related contamination is crucial to designing cost-effective remedial strategies. All to often remedial actions are overdesigned, resulting in little to no increase in risk reduction while increasing project cost. Risk-based remedial actions have recently been embraced by federal and state regulators, industry, government, the scientific community, and the public as a mechanism to implement rapid and cost-effective remedial actions. Emphasizing risk reduction, rather than adherence to ambiguous and generic standards, ensures that only remedial actions required to protect human health and the environment at a particular site are implemented. Two sites are presented as case studies on how risk-based approaches are being used to remediate two petroleum hydrocarbon contaminated sites. The sites are located at two US Air Force Bases, Wurtsmith Air Force Base (AFB) in Oscoda, Michigan and Malmstrom AFB in Great Falls, Montana

  2. Cost considerations in remediation and disposal

    International Nuclear Information System (INIS)

    Dance, J.T.; Huddleston, R.D.

    1999-01-01

    Opportunities for assessing the costs associated with the reclamation and remediation of sites contaminated by oilfield wastes are discussed. The savings can be maximized by paying close attention to five different aspects of the overall site remediation and disposal process. These are: (1) highly focused site assessment, (2) cost control of treatment and disposal options, (3) value added cost benefits, (4) opportunities to control outside influences during the remedial process, and (5) opportunities for managing long-term liabilities and residual risk remaining after the remedial program is completed. It is claimed that addressing these aspects of the process will ultimately lower the overall cost of site remediation and waste disposal

  3. A precursor of market crashes: Empirical laws of Japan's internet bubble

    Science.gov (United States)

    Kaizoji, T.

    2006-03-01

    In this paper, we quantitatively investigate the properties of a statistical ensemble of stock prices. We focus attention on the relative price defined as X(t) = S(t)/S(0), where S(0), is the stock price for an onset time of the bubble. We selected approximately 3200 stocks traded on the Japanese Stock Exchange, and formed a statistical ensemble of daily relative prices for each trading day in the 3-year period from January 4, 1999 to December 28, 2001, corresponding to the period in which internet Bubble formed and crashed in the Japanese stock market. We found that the upper tail of the complementary cumulative distribution function of the ensemble of the relative prices in the high value of the price is well described by a power-law distribution, P(S>x) ˜x-α , with an exponent that moves over time. Furthermore we found that as the power-law exponents α approached two, the bubble burst. It is reasonable to suppose that it indicates that internet bubble is about to burst.

  4. CENTRAL PLATEAU REMEDIATION OPTIMIZATION STUDY

    Energy Technology Data Exchange (ETDEWEB)

    BERGMAN, T. B.; STEFANSKI, L. D.; SEELEY, P. N.; ZINSLI, L. C.; CUSACK, L. J.

    2012-09-19

    THE CENTRAL PLATEAU REMEDIATION OPTIMIZATION STUDY WAS CONDUCTED TO DEVELOP AN OPTIMAL SEQUENCE OF REMEDIATION ACTIVITIES IMPLEMENTING THE CERCLA DECISION ON THE CENTRAL PLATEAU. THE STUDY DEFINES A SEQUENCE OF ACTIVITIES THAT RESULT IN AN EFFECTIVE USE OF RESOURCES FROM A STRATEGIC PERSPECTIVE WHEN CONSIDERING EQUIPMENT PROCUREMENT AND STAGING, WORKFORCE MOBILIZATION/DEMOBILIZATION, WORKFORCE LEVELING, WORKFORCE SKILL-MIX, AND OTHER REMEDIATION/DISPOSITION PROJECT EXECUTION PARAMETERS.

  5. [Cognitive remediation and nursing care].

    Science.gov (United States)

    Schenin-King, Palmyre; Thomas, Fanny; Braha-Zeitoun, Sonia; Bouaziz, Noomane; Januel, Dominique

    2016-01-01

    Therapies based on cognitive remediation integrate psychiatric care. Cognitive remediation helps to ease cognitive disorders and enable patients to improve their day-to-day lives. It is essential to complete nurses' training in this field. This article presents the example of a patient with schizophrenia who followed the Cognitive Remediation Therapy programme, enabling him to access mainstream employment. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  6. Plant-based remediation processes

    Energy Technology Data Exchange (ETDEWEB)

    Gupta, Dharmendra Kumar (ed.) [Belgian Nuclear Research Centre (SCK.CEN), Mol (Belgium). Radiological Impact and Performance Assessment Division

    2013-11-01

    A valuable source of information for scientists in the field of environmental pollution and remediation. Describes the latest biotechnological methods for the treatment of contaminated soils. Includes case studies and protocols. Phytoremediation is an emerging technology that employs higher plants for the clean-up of contaminated environments. Basic and applied research have unequivocally demonstrated that selected plant species possess the genetic potential to accumulate, degrade, metabolize and immobilize a wide range of contaminants. The main focus of this volume is on the recent advances of technologies using green plants for remediation of various metals and metalloids. Topics include biomonitoring of heavy metal pollution, amendments of higher uptake of toxic metals, transport of heavy metals in plants, and toxicity mechanisms. Further chapters discuss agro-technological methods for minimizing pollution while improving soil quality, transgenic approaches to heavy metal remediation and present protocols for metal remediation via in vitro root cultures.

  7. Europe's global responsibility to govern trade and investment sustainability: climate, capital, CAP and Cotonou

    International Nuclear Information System (INIS)

    Ruddy, T.F.

    2005-01-01

    This paper examines the progress made towards forging a Sustainable Development Strategy of the European Union on the basis of three structures of the global economy: Trade, Investment and Knowledge Generation. It identifies deficits in all three, and cites alternatives for improvement such as acknowledging ecological debt and setting up a Global Marshall Plan. It outlines how, over the medium term, compatibility with trade law could be maintained, and how Sustainability Impact Assessments (SIA) could cushion the effects of the current governance regimes. It then considers alternatives such as encouraging the EU's African, Caribbean and Pacific (ACP) partners to form Regional Trade Areas among themselves. Guidance is given regarding reform of the Common Agricultural Policy and the question as to whether the investment regime can be governed multilaterally and, if so, at which venue. (author)

  8. Environmental impact of hazardous inorganic materials. Pollution and remediation of soils

    Energy Technology Data Exchange (ETDEWEB)

    Tokunaga, S.; Hakuta, T. [National Institute of Materials and Chemical Research, Tsukuba (Japan); Barrington, S.; Wasay, S. [McGill University, (Canada)

    1998-02-10

    Recently, soil pollution has become a grave social problem. This paper reviews history, laws and regulations, current status and measures related to soil pollution, centered by those of Japan. Soil pollution problems in Japan date back to around 1880, when pollution of the Watarase River basin started by waste water exhausted from Asio Mine. Various grave problems have been recorded since then, including the Itai-itai and Minamata Diseases caused by Cd and methyl mercury, respectively, which started in 1945 and 1956, with the result that the government has amended laws/regulations related to treatment and cleaning of industrial wastes. Later, the related laws/regulations have been frequently amended, and the environmental standards related to soil pollution was established in 1991. Treatment for remediation of polluted soils has been effected with the aid of inorganic acids, organic solvents, chelating agents, natural organic acids (such as acetic and formic acids) and biological surface active agents. They must be carefully planned to take into consideration various aspects, such as pH level and other conditions, cost and environmental safety, before being actually used. One of the recommended measures is on-the-site treatment in an enclosed space while regenerating and recycling the agent. 66 refs., 7 figs., 8 tabs.

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

    Directory of Open Access Journals (Sweden)

    Pablo Sanz Bayón

    2013-07-01

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

  10. Between Economic and Legal Analysis of Incorporated Things: a Critical "NO" to Aedilitian Remedies

    Directory of Open Access Journals (Sweden)

    CG Kilian

    2006-01-01

    Full Text Available This article analyses the dictum of the Phame v Paizes 1973 3 397 (A within economic and legal principles to determine whether incorporeal things could possess characteristics of value or quality characteristics as in the case of corporeal things. The author uses practical economic examples to argue for the development of common law. The author identifies relevant Roman law principles which justify the legal nature of incorporeal things. It is demonstrated that the value of incorporeal things depends greatly on future circumstances. It is argued in this article that the courts’ willingness to extend the Aedilitian remedies and the wide interpretation of a dictum et promissum create an open door for any unsatisfied buyer with no entrepreneurial skills to claim a reduced price if the business is unable to achieve similar financial results to those prior to the conclusion of the contract. Currently the seller of a business has no clear or enforceable defense under these circumstances. The author subsequently suggests that relevant Roman law principles should be revisited in the aim to develop an appropriate defense for the seller.

  11. DOE'S remedial action assurance program

    International Nuclear Information System (INIS)

    Welty, C.G. Jr.; Needels, T.S.; Denham, D.H.

    1984-10-01

    The formulation and initial implementation of DOE's Assurance Program for Remedial Action are described. It was initiated in FY 84 and is expected to be further implemented in FY 85 as the activities of DOE's Remedial Action programs continue to expand. Further APRA implementation will include additional document reviews, site inspections, and program office appraisals with emphasis on Uranium Mill Tailings Remedial Action Program and Surplus Facilities Management Program

  12. Remediation of spatial processing disorder (SPD).

    Science.gov (United States)

    Graydon, Kelley; Van Dun, Bram; Tomlin, Dani; Dowell, Richard; Rance, Gary

    2018-05-01

    To determine the efficacy of deficit-specific remediation for spatial processing disorder, quantify effects of remediation on functional listening, and determine if remediation is maintained. Participants had SPD, diagnosed using the Listening in Spatialised Noise-Sentences test. The LiSN and Learn software was provided as auditory training. Post-training, repeat LiSN-S testing was conducted. Questionnaires pre- and post-training acted as subjective measures of remediation. A late-outcome assessment established long-term effects of remediation. Sixteen children aged between 6;3 [years; months] and 10;0 completed between 20 and 146 training games. Post-training LiSN-S improved in measures containing spatial cues (p ≤ 0.001) by 2.0 SDs (3.6 dB) for DV90, 1.8 SDs for SV90 (3.2 dB), 1.4 SDs for spatial advantage (2.9 dB) and 1.6 SDs for total advantage (3.3 dB). Improvement was also found in the DV0 condition (1.4 dB or 0.5 SDs). Post-training changes were not significant in the talker advantage measure (1.0 dB or 0.4 SDs) or the SV0 condition (0.3 dB or 0.1 SDs). The late-outcome assessment demonstrated improvement was maintained. Subjective improvement post-remediation was observed using the parent questionnaire. Children with SPD had improved ability to utilise spatial cues following deficit-specific remediation, with the parent questionnaire sensitive to remediation. Effects of the remediation also appear to be sustained.

  13. THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW

    Directory of Open Access Journals (Sweden)

    Intan Innayatun Soeparna

    2008-10-01

    Full Text Available World Trade Organization (WTO dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU, if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of international human rights law, particularly economic rights that stipulate in Universal Declaration of Human Rights (UDHR, International Covenant on Civil and Political Rights (ICCPR, and the International Covenant on Economic, Social and Cultural Rights (ICESCR. This paper explains the impact that arises when WTO retaliation is imposed to a country whether a developed or developing country, from the perspective of international human rights law.

  14. REGIONAL TRADE AGREEMENTS AND COMPETITION POLICY. CASE STUDY: EU, ASEAN AND NAFTA

    Directory of Open Access Journals (Sweden)

    Fora Andreea-Florina

    2014-07-01

    Full Text Available The large number of regional trade agreements notified to the World Trade Organization (WTO significantly influenced the flow of world trade. By April 2014 there had been notified 583 regional trade agreements to the WTO, of which only 379 are in force. The objective of this paper is to highlight the importance of regional trade agreements in world trade, especially the importance of establishing a regional competition policy in these agreements. The research methodology used is the analysis of legislation governing preferential trade agreements at the level of WTO, the collection and interpretation of statistical data provided by the WTO Secretariat, the case study, namely the study of literature. The paper is structured in three parts. The first part of the paper examines the basic laws based on which regional trade agreements are notified to the WTO and the evolution of these agreements in the period 1958-2013. The second part of the paper is devoted to the analysis of competition policy in regional trade agreements. In this part of the paper, to highlight the patterns of competition policy adopted under these agreements was analyzed by three case studies of competition policy in the EU, ASEAN and NAFTA. The three case studies have revealed that the three preferential trade agreements present regional competition policies with varying degrees of integration. The most complex form of competition policy is found in the European Union, because we are talking about a centralized model of competition policy. ASEAN presents a partially decentralized model, while NAFTA scrolls with a decentralized model of competition policy. The last part of the paper presents the characteristics of the four models of competition policy identified in the preferential trade agreements in force. It should be emphasized that if the initial preferential trade agreements have not put a great emphasis on the rules of competition policy, practice has shown the importance

  15. 46 CFR 298.41 - Remedies after default.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Remedies after default. 298.41 Section 298.41 Shipping... Defaults and Remedies, Reporting Requirements, Applicability of Regulations § 298.41 Remedies after default... governing remedies after a default, which relate to our rights and duties, the rights and duties of the...

  16. Chambers of work - steps in the development of labor law

    Directory of Open Access Journals (Sweden)

    Ion Tutuianu

    2012-12-01

    Full Text Available Social changes that followed the war and perfection state unit generated new and complex problems in all areas. We try to present problems directly aimed at the working class, that is formalized and institutionalized labor, social and economic context of the time. As regards labor law of 1927 rooms and discussions around it, brought the authors to the conclusion that trying to regulate relations between labor and capital and precise directives followed, social reconciliation, abolition of trade union activity, labor movement split and its supervision. Concessions workers were considered only illusory and employers with state dominance. However during 1933/1934, Chambers work activity had a positive role in the field of enforcement of labor law, serving an important role in other institutions and labor organizations, representing a significant step in the development of labor law.

  17. Federal Trade Commission's authority to regulate marketing to children: deceptive vs. unfair rulemaking.

    Science.gov (United States)

    Pomeranz, Jennifer L

    2011-01-01

    Food and beverage marketing directed at children is of increasing concern to the public health and legal communities. The new administration at the Federal Trade Commission and abundant science on the topic make it a particularly opportune time for the government to reconsider regulating marketing directed at youth. This Article analyzes the Commission's authority to regulate food and beverage marketing directed at children under its jurisdiction over unfair and deceptive acts and practices to determine which avenue is most viable. The author finds that the Federal Trade Commission has the authority to regulate deceptive marketing practices directed at vulnerable populations. Although the Commission can issue individual orders, its remedial power to initiate rules would better address the pervasiveness of modern marketing practices. The Commission does not currently have the power to regulate unfair marketing to children; however, even if Congress reinstated this authority, the Commission's authority over deceptive marketing may be preferable to regulate these practices. Deceptive communications are not protected by the First Amendment and the deceptive standard matches the science associated with marketing to children. The Federal Trade Commission has the authority to initiate rulemaking in the realm of food and beverage marketing to children as deceptive communications in interstate commerce, in violation of the Federal Trade Commission Act. However, to effectuate this process, Congress would need to grant the Commission the authority to do so under the Administrative Procedures Act.

  18. Brazil’s Market for Trading Forest Certificates

    Science.gov (United States)

    Soares-Filho, Britaldo; Rajão, Raoni; Merry, Frank; Rodrigues, Hermann; Davis, Juliana; Lima, Letícia; Macedo, Marcia; Coe, Michael; Carneiro, Arnaldo; Santiago, Leonardo

    2016-01-01

    Brazil faces an enormous challenge to implement its revised Forest Code. Despite big losses for the environment, the law introduces new mechanisms to facilitate compliance and foster payment for ecosystem services (PES). The most promising of these is a market for trading forest certificates (CRAs) that allows landowners to offset their restoration obligations by paying for maintaining native vegetation elsewhere. We analyzed the economic potential for the emerging CRA market in Brazil and its implications for PES programs. Results indicate a potential market for trading 4.2 Mha of CRAs with a gross value of US$ 9.2±2.4 billion, with main regional markets forming in the states of Mato Grosso and São Paulo. This would be the largest market for trading forests in the world. Overall, the potential supply of CRAs in Brazilian states exceeds demand, creating an opportunity for additional PES programs to use the CRA market. This expanded market could provide not only monetary incentives to conserve native vegetation, but also environmental co-benefits by fostering PES programs focused on biodiversity, water conservation, and climate regulation. Effective implementation of the Forest Code will be vital to the success of this market and this hurdle brings uncertainty into the market. Long-term commitment, both within Brazil and abroad, will be essential to overcome the many challenges ahead. PMID:27050309

  19. Local-scale dynamics and local drivers of bushmeat trade.

    Science.gov (United States)

    Nyaki, Angela; Gray, Steven A; Lepczyk, Christopher A; Skibins, Jeffrey C; Rentsch, Dennis

    2014-10-01

    Bushmeat management policies are often developed outside the communities in which they are to be implemented. These policies are also routinely designed to be applied uniformly across communities with little regard for variation in social or ecological conditions. We used fuzzy-logic cognitive mapping, a form of participatory modeling, to compare the assumptions driving externally generated bushmeat management policies with perceptions of bushmeat trade dynamics collected from local community members who admitted to being recently engaged in bushmeat trading (e.g., hunters, sellers, consumers). Data were collected during 9 workshops in 4 Tanzanian villages bordering Serengeti National Park. Specifically, we evaluated 9 community-generated models for the presence of the central factors that comprise and drive the bushmeat trade and whether or not models included the same core concepts, relationships, and logical chains of reasoning on which bushmeat conservation policies are commonly based. Across local communities, there was agreement about the most central factors important to understanding the bushmeat trade (e.g., animal recruitment, low income, and scarcity of food crops). These matched policy assumptions. However, the factors perceived to drive social-ecological bushmeat trade dynamics were more diverse and varied considerably across communities (e.g., presence or absence of collaborative law enforcement, increasing human population, market demand, cultural preference). Sensitive conservation issues, such as the bushmeat trade, that require cooperation between communities and outside conservation organizations can benefit from participatory modeling approaches that make local-scale dynamics and conservation policy assumptions explicit. Further, communities' and conservation organizations' perceptions need to be aligned. This can improve success by allowing context appropriate policies to be developed, monitored, and appropriately adapted as new evidence is

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

    International Nuclear Information System (INIS)

    Schneider, Jens-Peter; Theobald, Christian

    2013-01-01

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

  1. 32 CFR 310.47 - Civil remedies.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Civil remedies. 310.47 Section 310.47 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DOD PRIVACY PROGRAM Privacy Act Violations § 310.47 Civil remedies. In addition to specific remedial...

  2. Pushing the boundaries of the social: private agri-food standards and the governance of Fair Trade in European public procurement

    OpenAIRE

    Fisher, Eleanor; Sheppard, Hannah

    2013-01-01

    The article explores how fair trade and associated private agri-food standards are incorporated into public procurement in Europe. Procurement law is underpinned by principles of equity, non-discrimination and transparency; one consequence is that legal obstacles exist to fair trade being privileged within procurement practice. These obstacles have pragmatic dimensions, concerning whether and how procurement can be used to fulfil wider social policy objectives or to incorporate private standa...

  3. Additive versus multiplicative trade costs and the gains from trade

    DEFF Research Database (Denmark)

    Sørensen, Allan

    This paper addresses welfare effects from trade liberalization in a heterogeneous-fi…rms trade model including the empirically important per-unit (i.e. additive) trade costs in addition to the conventional iceberg (i.e. multiplicative) and fi…xed trade costs. The novel contribution of the paper...... is the result that the welfare gain for a given increase in trade openness is higher for reductions in per-unit (additive) trade costs than for reductions in iceberg (multiplicative) trade costs. The ranking derives from differences in intra-industry reallocations and in particular from dissimilar impacts...

  4. Policy and Strategies for Environmental Remediation

    International Nuclear Information System (INIS)

    2015-01-01

    In the environmental remediation of a given site, concerned and interested parties have diverse and often conflicting interests with regard to remediation goals, the time frames involved, reuse of the site, the efforts necessary and cost allocation. An environmental remediation policy is essential for establishing the core values on which remediation is to be based. It incorporates a set of principles to ensure the safe and efficient management of remediation situations. Policy is mainly established by the national government and may become codified in the national legislative system. An environmental remediation strategy sets out the means for satisfying the principles and requirements of the national policy. It is normally established by the relevant remediation implementer or by the government in the case of legacy sites. Thus, the national policy may be elaborated in several different strategies. To ensure the safe, technically optimal and cost effective management of remediation situations, countries are advised to formulate an appropriate policy and strategies. Situations involving remediation include remediation of legacy sites (sites where past activities were not stringently regulated or adequately supervised), remediation after emergencies (nuclear and radiological) and remediation after planned ongoing operation and decommissioning. The environmental policy involves the principles of justification, optimization of protection, protection of future generations and the environment, efficiency in the use of resources, and transparent interaction with stakeholders. A typical policy will also take into account the national legal framework and institutional structure and applicable international conventions while providing for the allocation of responsibilities and resources, in addition to safety and security objectives and public information and participation in the decision making process. The strategy reflects and elaborates the goals and requirements set

  5. Site remediation and risk assessment in Canada: current CPPI activities and a vision for the 21. century - a perspective from the Canadian Petroleum Products Industry

    International Nuclear Information System (INIS)

    Calder, L.M.

    1997-01-01

    The scope of site remediation in the Canadian petroleum products industry was discussed. It was estimated that the cost to clean up the nearly 100,000 contaminated sites in Canada would be in the order of $20 billion. One alternative to the high cost of clean up is the use of risk assessment for the development of soil remediation criteria that would be appropriate to the real impact of a given contaminated site, instead of the use of arbitrary criteria that are intended to protect all sites. In this way, most dollars would be spent at cleaning up the highest risk sites. Recommendations were made as to how the science and the administration of risk assessments could be improved. It was suggested that a more holistic approach to site remediation must be taken. The issues of risk, risk trade-offs, cost-benefit, cost-effectiveness and prioritization within the site remediation context was also discussed. A comparative study of two risk assessment models, the ASTM-RBCA model used in Atlantic Canada, and the B.C. Vapour Intrusion Model Validation study was described. 23 refs., 3 tabs

  6. Estimating the elasticity of trade: the trade share approach

    OpenAIRE

    Mauro Lanati

    2013-01-01

    Recent theoretical work on international trade emphasizes the importance of trade elasticity as the fundamental statistic needed to conduct welfare analysis. Eaton and Kortum (2002) proposed a two-step method to estimate this parameter, where exporter fixed effects are regressed on proxies for technology and wages. Within the same Ricardian model of trade, the trade share provides an alternative source of identication for the elasticity of trade. Following Santos Silva and Tenreyro (2006) bot...

  7. The Application of Section 8(3 of the Constitution in the Development of Customary Law Values in South Africa's New Constitutional Dispensation

    Directory of Open Access Journals (Sweden)

    N Ntlama

    2012-03-01

    Full Text Available The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was undertaken out of genuine respect for customary law or merely forgotten in section 8(3 of the Constitution. It is argued that the exclusion of customary law from the provision of the section is nothing more than the advancement of the dominant status enjoyed by common law, as was the case before the dawn of democracy. This argument is limited to the application of section 8(3 and the jurisprudence of the Constitutional Court, without focusing on the shortcomings of the latter in relation to the remedies provided in the resolution of disputes arising from customary law.

  8. Nuclear facility decommissioning and site remedial actions

    International Nuclear Information System (INIS)

    Knox, N.P.; Webb, J.R.; Ferguson, S.D.; Goins, L.F.; Owen, P.T.

    1990-09-01

    The 394 abstracted references on environmental restoration, nuclear facility decommissioning, uranium mill tailings management, and site remedial actions constitute the eleventh in a series of reports prepared annually for the US Department of Energy's Remedial Action Programs. Citations to foreign and domestic literature of all types -- technical reports, progress reports, journal articles, symposia proceedings, theses, books, patents, legislation, and research project descriptions -- have been included. The bibliography contains scientific, technical, economic, regulatory, and legal information pertinent to the US Department of Energy's Remedial Action Programs. Major sections are (1) Surplus Facilities Management Program, (2) Nuclear Facilities Decommissioning, (3) Formerly Utilized Sites Remedial Action Programs, (4) Facilities Contaminated with Naturally Occurring Radionuclides, (5) Uranium Mill Tailings Remedial Action Program, (6) Grand Junction Remedial Action Program, (7) Uranium Mill Tailings Management, (8) Technical Measurements Center, (9) Remedial Action Program, and (10) Environmental Restoration Program. Within these categories, references are arranged alphabetically by first author. Those references having no individual author are listed by corporate affiliation or by publication title. Indexes are provided for author, corporate affiliation, title word, publication description, geographic location, subject category, and keywords. This report is a product of the Remedial Action Program Information Center (RAPIC), which selects and analyzes information on remedial actions and relevant radioactive waste management technologies

  9. Nuclear facility decommissioning and site remedial actions

    Energy Technology Data Exchange (ETDEWEB)

    Knox, N.P.; Webb, J.R.; Ferguson, S.D.; Goins, L.F.; Owen, P.T.

    1990-09-01

    The 394 abstracted references on environmental restoration, nuclear facility decommissioning, uranium mill tailings management, and site remedial actions constitute the eleventh in a series of reports prepared annually for the US Department of Energy's Remedial Action Programs. Citations to foreign and domestic literature of all types -- technical reports, progress reports, journal articles, symposia proceedings, theses, books, patents, legislation, and research project descriptions -- have been included. The bibliography contains scientific, technical, economic, regulatory, and legal information pertinent to the US Department of Energy's Remedial Action Programs. Major sections are (1) Surplus Facilities Management Program, (2) Nuclear Facilities Decommissioning, (3) Formerly Utilized Sites Remedial Action Programs, (4) Facilities Contaminated with Naturally Occurring Radionuclides, (5) Uranium Mill Tailings Remedial Action Program, (6) Grand Junction Remedial Action Program, (7) Uranium Mill Tailings Management, (8) Technical Measurements Center, (9) Remedial Action Program, and (10) Environmental Restoration Program. Within these categories, references are arranged alphabetically by first author. Those references having no individual author are listed by corporate affiliation or by publication title. Indexes are provided for author, corporate affiliation, title word, publication description, geographic location, subject category, and keywords. This report is a product of the Remedial Action Program Information Center (RAPIC), which selects and analyzes information on remedial actions and relevant radioactive waste management technologies.

  10. Lessons Learned from Environmental Remediation Programmes

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2014-03-15

    Several remediation projects have been developed to date, and experience with these projects has been accumulated. Lessons learned span from non-technical to technical aspects, and need to be shared with those who are beginning or are facing the challenge to implement environmental remediation works. This publication reviews some of these lessons. The key role of policy and strategies at the national level in framing the conditions in which remediation projects are to be developed and decisions made is emphasized. Following policy matters, this publication pays attention to the importance of social aspects and the requirement for fairness in decisions to be made, something that can only be achieved with the involvement of a broad range of interested parties in the decision making process. The publication also reviews the funding of remediation projects, planning, contracting, cost estimates and procurement, and issues related to long term stewardship. Lessons learned regarding technical aspects of remediation projects are reviewed. Techniques such as the application of cover systems and soil remediation (electrokinetics, phytoremediation, soil flushing, and solidification and stabilization techniques) are analysed with respect to performance and cost. After discussing soil remediation, the publication covers issues associated with water treatment, where techniques such as ‘pump and treat’ and the application of permeable barriers are reviewed. Subsequently, there is a section dedicated to reviewing briefly the lessons learned in the remediation of uranium mining and processing sites. Many of these sites throughout the world have become orphaned, and are waiting for remediation. The publication notes that little progress has been made in the management of some of these sites, particularly in the understanding of associated environmental and health risks, and the ability to apply prediction to future environmental and health standards. The publication concludes

  11. Large-Scale Trade in Legally Protected Marine Mollusc Shells from Java and Bali, Indonesia.

    Directory of Open Access Journals (Sweden)

    Vincent Nijman

    Full Text Available Tropical marine molluscs are traded globally. Larger species with slow life histories are under threat from over-exploitation. We report on the trade in protected marine mollusc shells in and from Java and Bali, Indonesia. Since 1987 twelve species of marine molluscs are protected under Indonesian law to shield them from overexploitation. Despite this protection they are traded openly in large volumes.We collected data on species composition, origins, volumes and prices at two large open markets (2013, collected data from wholesale traders (2013, and compiled seizure data by the Indonesian authorities (2008-2013. All twelve protected species were observed in trade. Smaller species were traded for 32,000 shells valued at USD500,000, chambered nautilus (Nautilus pompilius (>3,000 shells, USD60,000 and giant clams (Tridacna spp. (>2,000 shells, USD45,000 were traded in largest volumes. Two-thirds of this trade was destined for international markets, including in the USA and Asia-Pacific region.We demonstrated that the trade in protected marine mollusc shells in Indonesia is not controlled nor monitored, that it involves large volumes, and that networks of shell collectors, traders, middlemen and exporters span the globe. This impedes protection of these species on the ground and calls into question the effectiveness of protected species management in Indonesia; solutions are unlikely to be found only in Indonesia and must involve the cooperation of importing countries.

  12. Lessons Learned from Environmental Remediation Programmes

    International Nuclear Information System (INIS)

    2014-01-01

    Several remediation projects have been developed to date, and experience with these projects has been accumulated. Lessons learned span from non-technical to technical aspects, and need to be shared with those who are beginning or are facing the challenge to implement environmental remediation works. This publication reviews some of these lessons. The key role of policy and strategies at the national level in framing the conditions in which remediation projects are to be developed and decisions made is emphasized. Following policy matters, this publication pays attention to the importance of social aspects and the requirement for fairness in decisions to be made, something that can only be achieved with the involvement of a broad range of interested parties in the decision making process. The publication also reviews the funding of remediation projects, planning, contracting, cost estimates and procurement, and issues related to long term stewardship. Lessons learned regarding technical aspects of remediation projects are reviewed. Techniques such as the application of cover systems and soil remediation (electrokinetics, phytoremediation, soil flushing, and solidification and stabilization techniques) are analysed with respect to performance and cost. After discussing soil remediation, the publication covers issues associated with water treatment, where techniques such as ‘pump and treat’ and the application of permeable barriers are reviewed. Subsequently, there is a section dedicated to reviewing briefly the lessons learned in the remediation of uranium mining and processing sites. Many of these sites throughout the world have become orphaned, and are waiting for remediation. The publication notes that little progress has been made in the management of some of these sites, particularly in the understanding of associated environmental and health risks, and the ability to apply prediction to future environmental and health standards. The publication concludes

  13. Approaches for assessing sustainable remediation

    DEFF Research Database (Denmark)

    Søndergaard, Gitte Lemming; Binning, Philip John; Bjerg, Poul Løgstrup

    Sustainable remediation seeks to reduce direct contaminant point source impacts on the environment, while minimizing the indirect cost of remediation to the environment, society and economy. This paper presents an overview of available approaches for assessing the sustainability of alternative...... remediation strategies for a contaminated site. Most approaches use multi-criteria assessment methods (MCA) to structure a decision support process. Different combinations of environmental, social and economic criteria are employed, and are assessed either in qualitative or quantitative forms with various...... tools such as life cycle assessment and cost benefit analysis. Stakeholder involvement, which is a key component of sustainable remediation, is conducted in various ways. Some approaches involve stakeholders directly in the evaluation or weighting of criteria, whereas other approaches only indirectly...

  14. Plurilateral Trade Deals: An Alternative for Multilateral Trade Agreements?

    Directory of Open Access Journals (Sweden)

    Agnes Ghibuțiu

    2016-04-01

    Full Text Available While multilateral trade negotiations under the World Trade Organization (WTO continue to be in impasse, plurilateral trade negotiations – i.e. among a group of WTO members – have intensified in recent years, and also recorded a series of concrete results in liberalizing specific sectors of international trade. Hence, there is a widely shared view that plurilateral trade negotiations could be an alternative for the multilateral ones. This paper aims to answer the following questions: What are plurilateral trade agreements? Which are the reasons behind the surge in plurilateral negotiations in recent years? What are the main achievements in liberalizing trade at the plurilateral level? What are the advantages of plurilateral negotiations relative to multilateral ones, and why are they considered an attractive alternative for negotiations at the multilateral level?

  15. Effect of Remediation Parameters on in-Air Ambient Dose Equivalent Rates When Remediating Open Sites with Radiocesium-contaminated Soil.

    Science.gov (United States)

    Malins, Alex; Kurikami, Hiroshi; Kitamura, Akihiro; Machida, Masahiko

    2016-10-01

    Calculations are reported for ambient dose equivalent rates [H˙*(10)] at 1 m height above the ground surface before and after remediating radiocesium-contaminated soil at wide and open sites. The results establish how the change in H˙*(10) upon remediation depends on the initial depth distribution of radiocesium within the ground, on the size of the remediated area, and on the mass per unit area of remediated soil. The remediation strategies considered were topsoil removal (with and without recovering with a clean soil layer), interchanging a topsoil layer with a subsoil layer, and in situ mixing of the topsoil. The results show the ratio of the radiocesium components of H˙*(10) post-remediation relative to their initial values (residual dose factors). It is possible to use the residual dose factors to gauge absolute changes in H˙*(10) upon remediation. The dependency of the residual dose factors on the number of years elapsed after fallout deposition is analyzed when remediation parameters remain fixed and radiocesium undergoes typical downward migration within the soil column.

  16. Herbal remedies and supplements for weight loss

    Science.gov (United States)

    Weight loss - herbal remedies and supplements; Obesity - herbal remedies; Overweight - herbal remedies ... health care provider. Nearly all over-the-counter supplements with claims of weight-loss properties contain some ...

  17. Act locally, trade globally. Emissions trading for climate policy

    Energy Technology Data Exchange (ETDEWEB)

    none

    2005-07-01

    Climate policy raises a number of challenges for the energy sector, the most significant being the transition from a high to a low-CO2 energy path in a few decades. Emissions trading has become the instrument of choice to help manage the cost of this transition, whether used at international or at domestic level. Act Locally, Trade Globally, offers an overview of existing trading systems, their mechanisms, and looks into the future of the instrument for limiting greenhouse gas emissions. Are current markets likely to be as efficient as the theory predicts? What is, if any, the role of governments in these markets? Can domestic emissions trading systems be broadened to activities other than large stationary energy uses? Can international emissions trading accommodate potentially diverse types of emissions targets and widely different energy realities across countries? Are there hurdles to linking emissions trading systems based on various design features? Can emissions trading carry the entire burden of climate policy, or will other policy instruments remain necessary? In answering these questions, Act Locally, Trade Globally seeks to provide a complete picture of the future role of emissions trading in climate policy and the energy sector.

  18. The Position of Suitcase Trading in Turkey’s Foreign Trade and Growth-Suitcase Trading Connection

    Directory of Open Access Journals (Sweden)

    Sinem YAPAR SAÇIK

    2013-12-01

    Full Text Available Suitcase trading which is defined as a purchasing process of merchandises in a country that is implemented by travelers (nonresidents to sell those merchandises in their own country; it has started to take place in balance of payments of Turkey since 1996. After the collapse of USSR in 1991 Turkey became a net exporter in suitcase trading so the country reached significant figures occasionally. In this paper the position of suitcase trading in Turkey’s foreign trade is analyzed in consideration of statistical indicators. According to the findings acquired from the study, suitcase trading is a significant variable for Turkey to have currency and to close foreign deficits. Suitcase trading and growth connection is also analyzed by econometric method which is co-integration test and the result is affirmative. And also it is found that this connection is unilateral causation from growth towards suitcase trading according to the findings of Granger causality test

  19. Trading guilds and business dealings in the mediaeval Dubrovnik

    Directory of Open Access Journals (Sweden)

    Blagojević Mirjana

    2014-01-01

    Full Text Available Trading guilds, regulated under the norms of the Dubrovnik Statute, were known under the names entega, collegantia and rogantia. The first one was an association of labour, capital and funds for carrying out business activities, the second one stood on the cross-road between the trading dealings and enterprising ventures, while the third one was, in actual fact, a form of intermediation. Some of their forms are recognised also in the legal systems of the other Adriatic communes, but the best developed regulating norms prevailed in Dubrovnik. It was there that the original forms of association, adopted from the Byzantine practice and law, found a fertile ground for further expansion. The most complex form of these associations, the entega, was not to be found after the 16th century, while collegantia gradually ascended into a limited partnership society, i.e. into the crediting business.

  20. New Mexico English Remediation Taskforce Report

    Science.gov (United States)

    New Mexico Higher Education Department, 2016

    2016-01-01

    In March, 2016, the state of New Mexico established a Remediation Task Force to examine remediation reform efforts across the state's higher education institutions. On March 11, the Task Force met for the "New Mexico Corequisite Remediation at Scale Policy Institute" in order to learn about the results of the latest national reform…

  1. Remediation: Higher Education's Bridge to Nowhere

    Science.gov (United States)

    Complete College America, 2012

    2012-01-01

    The intentions were noble. It was hoped that remediation programs would be an academic bridge from poor high school preparation to college readiness. Sadly, remediation has become instead higher education's "Bridge to Nowhere." This broken remedial bridge is travelled by some 1.7 million beginning students each year, most of whom will…

  2. The council of the employees in the Albanian Commercial Law

    Directory of Open Access Journals (Sweden)

    Diana Biba

    2016-01-01

    Full Text Available Law No. 9901/2008 on “Entrepreneurs and Commercial Companies”, marked a milestone in the reform of the commercial law in Albanian. Among other novelties, the Law introduced a new approach in regard to the employees and their participation in co determination. Actually, the involvement of the employees were not that unfamiliar in the former Albanian Commercial Legislation thought the social responsibility was. The Law brought in a new approach which was widely inspired from the EU Law, by establishing the Council of the Employees for any commercial company having more than 50 employees. It is true that unlike the trade unions, it is the company that bears the costs of the establishment and functioning of these councils, but besides the costs, it would mean to grant importance to the employees, as stakeholders of the corporate, by being part of the decision making process with regard to the use of special funds or actives of the company or to the allocation of the divided that the General Assembly resolves to allocate to the employees. This article will explore the legal provisions of the Law in regard to the Council of the Employees, its establishment, functioning and entitlement and how these provisions are enforced in practice from the companies in Albania.

  3. The programme for remediation of contaminated mine sites: Its regulation and follow-up in Portugal

    International Nuclear Information System (INIS)

    Santiago Baptista, A.

    2005-01-01

    The policy of the Portuguese Government of assuming responsibility for remediating contaminated abandoned mine sites originated in an initiative taken between 1995 and 2001 by the General Directorate for the Environment and the Geological and Mining Institute. It has the aim of assessing and solving the prevailing environmental problems in some of the most contaminated abandoned mine sites in Portugal. On 6 July 2001, through Decree Law No. 198-A/2001, the Government defined the institutional and financial provisions to be adopted for implementing the environmental remediation programme. EXMIN-Industry and Mining Environmental Services S.A., a state owned company, was awarded an exclusive renewable contract on September 5 of the same year for a period of 10 years to implement this programme. Financing of the contract was guaranteed through EU funds under the FEDER programme, up to a maximum of Euro 52 million, to be spent before the end of the year 2006. In the beginning of 2002 a steering committee was nominated and took up its responsibilities, having been delegated a wide range of powers. At the same time the Ministers for Economic and Environmental Affairs delegated wide ranging powers to a technical evaluation subcommittee. The strategic definition of the targets of the old mine site remediation programme, which remains under the direct responsibility of the relevant ministers, highlights the importance of public health and safety and the social and economic development of the regions concerned. The information already gathered indicates that in total around 170 old mine sites require remediation. The time limit of 2006 for the availability of EU funds needs to be taken into consideration for the development of the remediation strategy. The specific situation of the old radioactive ore mines is described, as well as the status of the programme. (author)

  4. Proceedings of the remediation technologies symposium 2007

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-07-01

    This conference provided a forum to discuss the remediation of contaminated sites. It was attended by all industry sectors that have an interest in learning about technical issues in environmental remediation research and the latest innovations in soil and groundwater remediation and industrial pollutant treatments. Cost effective in-situ and ex-situ soil reclamation strategies were presented along with groundwater and surface water remediation strategies. The diversified sessions at this conference were entitled: regulatory update; Montreal Centre of Excellence in Brownfields Rehabilitation; soil and groundwater remediation through the Program of Energy Research and Development at Environment Canada; technology from the Netherlands; bioremediation; hydrocarbons; in-situ remediation; phytoremediation; salt management; unique locations; and, miscellaneous issues. Some areas and case studies covered in the presentations included: biological and non-biological treatments; thermal desorption; encapsulation; natural attenuation; multi-phase extraction; electrochemical remediation; and membrane technology. The conference featured 63 presentations, of which 23 have been catalogued separately for inclusion in this database. tabs., figs.

  5. Proceedings of the remediation technologies symposium 2007

    International Nuclear Information System (INIS)

    2007-01-01

    This conference provided a forum to discuss the remediation of contaminated sites. It was attended by all industry sectors that have an interest in learning about technical issues in environmental remediation research and the latest innovations in soil and groundwater remediation and industrial pollutant treatments. Cost effective in-situ and ex-situ soil reclamation strategies were presented along with groundwater and surface water remediation strategies. The diversified sessions at this conference were entitled: regulatory update; Montreal Centre of Excellence in Brownfields Rehabilitation; soil and groundwater remediation through the Program of Energy Research and Development at Environment Canada; technology from the Netherlands; bioremediation; hydrocarbons; in-situ remediation; phytoremediation; salt management; unique locations; and, miscellaneous issues. Some areas and case studies covered in the presentations included: biological and non-biological treatments; thermal desorption; encapsulation; natural attenuation; multi-phase extraction; electrochemical remediation; and membrane technology. The conference featured 63 presentations, of which 23 have been catalogued separately for inclusion in this database. tabs., figs

  6. Toward international law on global warming

    International Nuclear Information System (INIS)

    Shultz, E.B. Jr.; Johns, C.; Pauken, M.T.

    1991-01-01

    Legal precedent in the history of international environmental law is considered. Then, the legal principles, rights and obligations related to transboundary environmental interference are drawn from the precedent. From this legal and historical background, and a brief overview of the principal technical aspects of the emerging global warming problem, the authors suggest a number of possible international protocols. These include outlines of multilateral treaties on energy efficiency, reduction in utilization of coal, increased adoption efficiency, reduction in utilization of coal, increased adoption of renewable and solar energy, and stimulation of several types of forestation, with creation of practical regimes and remedies. Each protocol has its own environmental social and economic merits and urgency, apart from the prevention of global warming. In each suggested protocol, the political obstacles are analyzed. Suggestions are presented for reduction of levels of disagreement standing in the way of obtaining viable treaties likely to be upheld in practice by the signatories. An agenda for study and action is presented, on the assumption that prudence dictates that international environmental law must be expanded as soon as feasible to regulate global warming

  7. The potential impact of the World Trade Organization's general agreement on trade in services on health system reform and regulation in the United States.

    Science.gov (United States)

    Skala, Nicholas

    2009-01-01

    The collapse of the World Trade Organization's (WTO) Doha Round of talks without achieving new health services liberalization presents an important opportunity to evaluate the wisdom of granting further concessions to international investors in the health sector. The continuing deterioration of the U.S. health system and the primacy of reform as an issue in the 2008 presidential campaign make clear the need for a full range of policy options for addressing the national health crisis. Yet few commentators or policymakers realize that existing WTO health care commitments may already significantly constrain domestic policy options. This article illustrates these constraints through an evaluation of the potential effects of current WTO law and jurisprudence on the implementation of a single-payer national health insurance system in the United States, proposed incremental national and state health system reforms, the privatization of Medicare, and other prominent health system issues. The author concludes with some recommendations to the U.S. Trade Representative to suspend existing liberalization commitments in the health sector and to interpret current and future international trade treaties in a manner consistent with civilized notions of health care as a universal human right.

  8. The ASEAN Free Trade Agreement: impact on trade flows and external trade barriers

    OpenAIRE

    Hector Calvo-Pardo; Caroline Freund; Emanuel Ornelas

    2009-01-01

    Using detailed data on trade and tariffs from 1992-2007, the authors examine how the ASEAN Free Trade Agreement has affected trade with nonmembers and external tariffs facing nonmembers. First, the paper examines the effect of preferential and external tariff reduction on import growth from ASEAN insiders and outsiders across HS 6-digit industries. The analysis finds no evidence that prefe...

  9. Why are generic drugs being held up in transit? Intellectual property rights, international trade, and the right to health in Brazil and beyond.

    Science.gov (United States)

    Rosina, Mônica Steffen Guise; Shaver, Lea

    2012-01-01

    Access to medicines faces a new legal threat: "border enforcement" of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it? © 2012 American Society of Law, Medicine & Ethics, Inc.

  10. Integrated remediation of soil and groundwater

    International Nuclear Information System (INIS)

    Dykes, R.S.; Howles, A.C.

    1992-01-01

    Remediation of sites contaminated with petroleum hydrocarbons and other organic chemicals frequently focuses on a single phase of the chemical in question. This paper describes an integrated approach to remediation involving selection of complimentary technologies designed to create a remedial system which achieves cleanup goals in affected media in the shortest possible time consistent with overall environmental protection

  11. Law enforcement tools available at the Savannah River Site

    Energy Technology Data Exchange (ETDEWEB)

    Hofstetter, K.J.

    2000-03-29

    A number of nuclear technologies developed and applied at the Savannah River Site in support of nuclear weapons material production and environmental remediation can be applied to problems in law enforcement. Techniques and equipment for high-sensitivity analyses of samples are available to identify and quantify trace elements and establish origins and histories of forensic evidence removed from crime scenes. While some of theses capabilities are available at local crime laboratories, state-of-the-art equipment and breakthroughs in analytical techniques are continually being developed at DOE laboratories. Extensive experience with the handling of radioactive samples at the DOE labs minimizes the chances of cross-contamination of evidence received from law enforcement. In addition to high-sensitivity analyses, many of the field techniques developed for use in a nuclear facility can assist law enforcement personnel in detecting illicit materials and operations, in retrieving of pertinent evidence and in surveying crime scenes. Some of these tools include chemical sniffers, hand-held detectors, thermal imaging, etc. In addition, mobile laboratories can be deployed to a crime scene to provide field screening of potential evidence. A variety of portable sensors can be deployed on vehicle, aerial, surface or submersible platforms to assist in the location of pertinent evidence or illicit operations. Several specific nuclear technologies available to law enforcement and their potential uses are discussed.

  12. The Role of Law in Adaptive Governance | Science Inventory ...

    Science.gov (United States)

    The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities) or to provide remedies for emerging problems (such as pollution). Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal sy

  13. Law enforcement tools available at the Savannah River Site

    International Nuclear Information System (INIS)

    Hofstetter, K.J.; Beals, D.M.; Halverson, J.E.; Villa-Aleman, E.; Hayes, D.W.

    2001-01-01

    A number of nuclear technologies developed and applied at the Savannah River Site in support of nuclear weapons material production and environmental remediation can be applied to problems in law enforcement. Techniques and equipment for high-sensitivity analyses of samples are available to identify and quantify trace elements and establish origins and histories of forensic evidence removed from crime scenes. While some of these capabilities are available at local crime laboratories, state-of-the-art equipment and breakthroughs in analytical techniques are continually being developed at DOE laboratories. Extensive experience with the handling of radioactive samples at the DOE labs minimizes the chances of cross-contamination of evidence received from law enforcement. In addition to high-sensitivity analyses, many of the field techniques developed for use in a nuclear facility can assist law enforcement personnel in detecting illicit materials and operations, in retrieving of pertinent evidence and in surveying crime sciences. Some of these tools include chemical sniffers, hand-held detectors, thermal imaging, etc. In addition, mobile laboratories can be deployed to a crime scene to provide field screening of potential evidence. A variety of portable sensors can be deployed on vehicle, aerial, surface of submersible platforms to assist in the location of pertinent evidence or illicit operations. Several specific nuclear technologies available to law enforcement and their potential uses are discussed. (author)

  14. Investigating the Role of International Law in Controlling Communicable Diseases

    Directory of Open Access Journals (Sweden)

    Aliasghar Kheirkhah

    2017-02-01

    Full Text Available International law globally plays a key role in the surveillance and control of communicable diseases. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, due to changed forms of infectious diseases and individuals' lifestyles as well as individuals' proximity caused by increased air travels, communicable diseases are in an international and cross-border form. In this regard, binding regulations and inconsistent rules adopted in international multilateral institutions like the World Health Organization, World Trade Organization, Food and Agriculture Organization can be of great use in surveillance and control of communicable diseases. With the globalization of public health, international law can be used as an essential tool in monitoring global health and reducing human vulnerability and mortality.

  15. Stimulation of investment in international energy through Nigerian tax exemption laws

    International Nuclear Information System (INIS)

    Osimiri, U.J.

    2002-01-01

    This article assesses the impact of recent tax exemption legislation as a vehicle for the attraction of investment in the quest for the development of international energy in Nigeria, particularly oil and gas. It seeks to argue that generous tax incentives are the most successful method of inducement of foreign investors, judging from the rising profile in the expansion of investment in the gas sector and the attendant increase in world trade. It attempts to assert that tax incentives alone, without the combination of other favourable factors, like political stability, observance of the rule of law and deregulation or trade liberalisation, cannot produce the desired result of local industrialisation and integration into the world economy. (author)

  16. Trade Facilitation Provisions in Regional Trade Agreements: Discriminatory or Non-discriminatory?

    Directory of Open Access Journals (Sweden)

    Innwon Park

    2016-12-01

    Full Text Available The RTAs with trade facilitation provisions have been expected to generate a larger net trade-creating effect and complement the discriminatory feature of RTAs but have yet to be empirically proven. Recognizing the limitations of existing studies, we conducted a quantitative analysis on the effects of RTAs with and without trade facilitation provisions on both intra- and extra-bloc trade by using a modified gravity equation. We applied the Poisson Pseudo-Maximum Likelihood (PPML estimation with time varying exporter and importer fixed effect method to panel data consisting of 45,770 country pairs covering 170 countries for 2000-2010. We found that the trade facilitation provisions in existing RTAs are non-discriminatory by generating more intra- and extra-bloc trade in general. In particular, we found that the trade effects of RTAs in the APEC region are much stronger than the general case covering all RTAs in the world. In addition, as we control the trade effect of a country's trade facilitation, which is ranked by the World Bank's logistic performance index, RTAs consisting of trade facilitation provisions are discriminatory for trade in final goods and non-discriminatory for trade in intermediate goods. Overall, we endeavor to "explain," instead of "hypothesizing," why most of the recent RTAs contain trade facilitation provisions, especially in light of the deepening regional interdependence through trade in parts and components under global value chains and support the necessity of multilateralizing RTAs by implementing non-discriminatory trade facilitation provisions.

  17. INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

    Directory of Open Access Journals (Sweden)

    Valerie Selvie Sinaga

    2013-04-01

    Full Text Available This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such changes in Indonesia. Tulisan ini melihat kembali perubahan-perubahan besar dalam bidang hak kekayaan intelektual di Indonesia setelah tahun 2001. Pada tahun tersebut, Indonesia, yang telah menjadi anggota Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS sejak 1994, siap untuk memenuhi komitmennya dalam TRIPS. Untuk memenuhi komitmen tersebut, Indonesia telah membuat perubahan-perubahan dalam bidang legislatif, administratif, tata cara pengadilan dan penegakan hukum. Tulisan ini juga membahas permasalahan di seputar pelaksanaan perubahan-perubahan tersebut.

  18. Tank waste remediation system optimized processing strategy with an altered treatment scheme

    International Nuclear Information System (INIS)

    Slaathaug, E.J.

    1996-03-01

    This report provides an alternative strategy evolved from the current Hanford Site Tank Waste Remediation System (TWRS) programmatic baseline for accomplishing the treatment and disposal of the Hanford Site tank wastes. This optimized processing strategy with an altered treatment scheme performs the major elements of the TWRS Program, but modifies the deployment of selected treatment technologies to reduce the program cost. The present program for development of waste retrieval, pretreatment, and vitrification technologies continues, but the optimized processing strategy reuses a single facility to accomplish the separations/low-activity waste (LAW) vitrification and the high-level waste (HLW) vitrification processes sequentially, thereby eliminating the need for a separate HLW vitrification facility

  19. French uranium mining sites remediation

    International Nuclear Information System (INIS)

    Roche, M.

    2002-01-01

    Following a presentation of the COGEMA's general policy for the remediation of uranium mining sites and the regulatory requirements, the current phases of site remediation operations are described. Specific operations for underground mines, open pits, milling facilities and confining the milled residues to meet long term public health concerns are detailed and discussed in relation to the communication strategies to show and explain the actions of COGEMA. A brief review of the current remediation situation at the various French facilities is finally presented. (author)

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

    Science.gov (United States)

    Appelbaum, Paul S

    2014-01-01

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