Science.gov

Sample records for international law

  1. [International malpractice law].

    PubMed

    Stellpflug, M H

    2001-10-01

    According to German Civil Law the liability of a physician in telemedicine can be based on the breach of contractual duties or tort. In telemedicine doctor and patient are separated by distance. In the case of cross border telemedicine Medical Malpractice Law becomes an international issue with many new questions arising. The rules and regulations of "private international law" determine which law has to be applied. The German private international law allows the patient to choose either the law of the state in which the doctor acts or that state in which the therapeutical damage is being suffered. Another important question arises in determining the jurisdiction (of a court). The European agreements give the patient the right to choose. A "choice of jurisdiction clause" or a "choice of law clause" can help to decide with binding force which law and what jurisdiction has to be applied. However, various regulations concerned with consumer protection restrict the permission of such agreements.

  2. [International malpractice law].

    PubMed

    Stellpflug, M H

    2001-10-01

    According to German Civil Law the liability of a physician in telemedicine can be based on the breach of contractual duties or tort. In telemedicine doctor and patient are separated by distance. In the case of cross border telemedicine Medical Malpractice Law becomes an international issue with many new questions arising. The rules and regulations of "private international law" determine which law has to be applied. The German private international law allows the patient to choose either the law of the state in which the doctor acts or that state in which the therapeutical damage is being suffered. Another important question arises in determining the jurisdiction (of a court). The European agreements give the patient the right to choose. A "choice of jurisdiction clause" or a "choice of law clause" can help to decide with binding force which law and what jurisdiction has to be applied. However, various regulations concerned with consumer protection restrict the permission of such agreements. PMID:11688223

  3. Teaching International Law: Concepts in International Relations

    ERIC Educational Resources Information Center

    Starbird, Caroline; Pettit, Jenny; Singleton, Laurel

    2004-01-01

    This book is designed to introduce students to public international law. Topics covered include international public organizations, such as the United Nations and World Trade Organization, international courts, international human rights law, international trade law, and international environmental law. The goal of each study is to examine how…

  4. Reflections on international medical law.

    PubMed

    Wattad, Mohammed S; Hrevtsova, Radmyla Yu

    2011-12-01

    Does international medical law exist, in the first place, as an independent area of study? If so, is it urgently required in an era of comparative studies? Namely, to what extent, if at all, international studies differ from comparative ones? Besides, what are the particular characteristics of such international discipline? Namely, what are the particular features of this field that elaborate on our legal and scientific understanding in sketching possible definition for this notion of "international medical law?" In addition, how does international medical law correlate with health, ethics and health policies in our globalized world? And finally, what are the challenges that might face the international community, once the concept of "international medical law" is acknowledged? This papers aims at establishing the conceptual grounds for these questions, thus calling for the acknowledgment of a new field of study described as "international medical law".

  5. International law and law enforcement firearms.

    PubMed

    Jussila, Jorma; Normia, Pertti

    2004-01-01

    Several international agreements set constraints on the legitimate use of firearms as representing lethal force. Their meaning in terms of weapons technology must take into account their operational frame of reference, and legitimate warfare can be regarded as a law enforcement operation with similar principles on the use of force. Changes in weapons technology, such as new types of ammunition, transforming firearms into weapons with less-lethal and even humanitarian options, require new interpretations of the legislation. A division into lethal and non-lethal weapons is an oversimplification and the separation of international humanitarian law into military and law enforcement provisions can be questioned from the technical aspect. The type of technology acceptable for law enforcement use of firearms should be defined. An assessment for weapon injury should not be based on lethality, but rather on the potential for tissue damage and its reversibility. PMID:15015547

  6. International law and law enforcement firearms.

    PubMed

    Jussila, Jorma; Normia, Pertti

    2004-01-01

    Several international agreements set constraints on the legitimate use of firearms as representing lethal force. Their meaning in terms of weapons technology must take into account their operational frame of reference, and legitimate warfare can be regarded as a law enforcement operation with similar principles on the use of force. Changes in weapons technology, such as new types of ammunition, transforming firearms into weapons with less-lethal and even humanitarian options, require new interpretations of the legislation. A division into lethal and non-lethal weapons is an oversimplification and the separation of international humanitarian law into military and law enforcement provisions can be questioned from the technical aspect. The type of technology acceptable for law enforcement use of firearms should be defined. An assessment for weapon injury should not be based on lethality, but rather on the potential for tissue damage and its reversibility.

  7. International law and communicable diseases.

    PubMed Central

    Aginam, Obijiofor

    2002-01-01

    Historically, international law has played a key role in global communicable disease surveillance. 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, communicable diseases have continued to re-shape the boundaries of global health governance through legally binding and "soft-law" regimes negotiated and adopted within the mandate of multilateral institutions - the World Health Organization, the World Trade Organization, the Food and Agriculture Organization, and the Office International des Epizooties. The globalization of public health has employed international law as an indispensable tool in global health governance aimed at diminishing human vulnerability to the mortality and morbidity burdens of communicable diseases. PMID:12571722

  8. International law and communicable diseases.

    PubMed

    Aginam, Obijiofor

    2002-01-01

    Historically, international law has played a key role in global communicable disease surveillance. 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, communicable diseases have continued to re-shape the boundaries of global health governance through legally binding and "soft-law" regimes negotiated and adopted within the mandate of multilateral institutions - the World Health Organization, the World Trade Organization, the Food and Agriculture Organization, and the Office International des Epizooties. The globalization of public health has employed international law as an indispensable tool in global health governance aimed at diminishing human vulnerability to the mortality and morbidity burdens of communicable diseases.

  9. International Megan's Law of 2009

    THOMAS, 111th Congress

    Rep. Smith, Christopher H. [R-NJ-4

    2009-03-19

    04/27/2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  10. [Drug trafficking and international law].

    PubMed

    Marini, Luca

    2002-01-01

    The production, the commerce and the use of drugs and other substances are ruled by several conventions of international law, that, at first, have had as object the production and the commerce of drugs for lawful purposes, and the measures required to prevent and to repress, at certain conditions, abuses and unlawful traffics. Just more recently, following some solicitations noticed by the International Community, and according to the concept of "well-balanced approach" described in the text, the measures introduced in this way were supported by a more incisive international movement, fit for the repression of unlawful traffics of drugs and to the adoption of suitable measures of prevention, also to avoid, at national level, sanitary, social and economical implications of the criminal phenomenon.

  11. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

  12. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 11 2013-10-01 2013-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

  13. 50 CFR 665.936 - International law.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 13 2014-10-01 2014-10-01 false International law. 665.936 Section 665... National Monument § 665.936 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is...

  14. 50 CFR 665.906 - International law.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 13 2013-10-01 2013-10-01 false International law. 665.906 Section 665... National Monument § 665.906 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is...

  15. 50 CFR 665.906 - International law.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 13 2014-10-01 2014-10-01 false International law. 665.906 Section 665... National Monument § 665.906 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is...

  16. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 50 Wildlife and Fisheries 11 2012-10-01 2012-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

  17. 50 CFR 665.936 - International law.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 13 2013-10-01 2013-10-01 false International law. 665.936 Section 665... National Monument § 665.936 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is...

  18. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 11 2014-10-01 2014-10-01 false International law. 404.12 Section 404.12... MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national,...

  19. 50 CFR 404.12 - International law.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

  20. Why Catholic Universities Should Engage International Law

    ERIC Educational Resources Information Center

    George, William P.

    2008-01-01

    This article argues that Catholic universities should vigorously engage international law for at least three reasons. First, international law is an indispensible dialogue partner for Catholic Social Teaching (CST). Since CST belongs in Catholic higher education, so too does international law. Second, in numerous ways and on a global scale,…

  1. Globalization, international law, and emerging infectious diseases.

    PubMed Central

    Fidler, D. P.

    1996-01-01

    The global nature of the threat posed by new and reemerging infectious diseases will require international cooperation in identifying, controlling, and preventing these diseases. Because of this need for international cooperation, international law will certainly play a role in the global strategy for the control of emerging diseases. Recognizing this fact, the World Health Organization has already proposed revising the International Health Regulations. This article examines some basic problems that the global campaign against emerging infectious diseases might face in applying international law to facilitate international cooperation. The international legal component of the global control strategy for these diseases needs careful attention because of problems inherent in international law, especially as it applies to emerging infections issues. PMID:8903206

  2. INTERNATIONAL LAW: HINDRANCE OR HELP?

    EPA Science Inventory

    As international Remote Sensing/Geographic Information Systems (RS/GIS)
    organizations develop, legal issues are becoming an important factor in promoting or limiting international cooperation. We must keep legal considerations in mind during the creation, implementation, and ...

  3. SETI and International Radio Law

    NASA Astrophysics Data System (ADS)

    Lyall, F.

    2010-04-01

    The use of radio in SETI is subject to international rules agreed through the International Telecommunication Union. These are summarised. An opportunity for their revision will arise in 2012. Suggestions may be made.

  4. International environmental law and global public health.

    PubMed Central

    Schirnding, Yasmin von; Onzivu, William; Adede, Andronico O.

    2002-01-01

    The environment continues to be a source of ill-health for many people, particularly in developing countries. International environmental law offers a viable strategy for enhancing public health through the promotion of increased awareness of the linkages between health and environment, mobilization of technical and financial resources, strengthening of research and monitoring, enforcement of health-related standards, and promotion of global cooperation. An enhanced capacity to utilize international environmental law could lead to significant worldwide gains in public health. PMID:12571726

  5. International environmental law and global public health.

    PubMed

    Schirnding, Yasmin von; Onzivu, William; Adede, Andronico O

    2002-01-01

    The environment continues to be a source of ill-health for many people, particularly in developing countries. International environmental law offers a viable strategy for enhancing public health through the promotion of increased awareness of the linkages between health and environment, mobilization of technical and financial resources, strengthening of research and monitoring, enforcement of health-related standards, and promotion of global cooperation. An enhanced capacity to utilize international environmental law could lead to significant worldwide gains in public health.

  6. A Logical Model of Private International Law

    NASA Astrophysics Data System (ADS)

    Dung, Phan Minh; Sartor, Giovanni

    We provide a logical analysis of private international law, the body of law establishing when courts of a country should decide a case (jurisdiction) and what legal system they should apply to this purpose (choice of law). A formal model of the resulting interaction among multiple legal systems is proposed based on modular argumentation. It is argued that this model may be useful for understanding this rather esoteric, but increasingly important, domain of the law. Moreover, it might be useful for modelling the way in which interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, can be governed without recourse to a central regulatory agency.

  7. Precautionary principle in international law.

    PubMed

    Saladin, C

    2000-01-01

    The deregulatory nature of trade rules frequently brings them into conflict with the precautionary principle. These rules dominate debate over the content and legal status of the precautionary principle at the international level. The World Trade Organization (WTO), because of its power in settling disputes, is a key player. Many States are concerned to define the precautionary principle consistent with WTO rules, which generally means defining it as simply a component of risk analysis. At the same time, many States, especially environmental and public health policymakers, see the principle as the legal basis for preserving domestic and public health measures in the face of deregulatory pressures from the WTO. The precautionary principle has begun to acquire greater content and to move into the operative articles of legally binding international agreements. It is important to continue this trend.

  8. 50 CFR 665.966 - International law.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 13 2014-10-01 2014-10-01 false International law. 665.966 Section 665.966 Wildlife and Fisheries FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE (CONTINUED) FISHERIES IN THE WESTERN PACIFIC Rose Atoll Marine...

  9. 50 CFR 665.966 - International law.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 13 2013-10-01 2013-10-01 false International law. 665.966 Section 665.966 Wildlife and Fisheries FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE (CONTINUED) FISHERIES IN THE WESTERN PACIFIC Rose Atoll Marine...

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

    ERIC Educational Resources Information Center

    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…

  11. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  12. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 5 2014-07-01 2014-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  13. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 5 2012-07-01 2012-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  14. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 5 2013-07-01 2013-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  15. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law....

  16. Toward international law on global warming

    SciTech Connect

    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.

  17. Developments in international/European health law.

    PubMed

    Abbing, Henriette D C Roscam

    2009-03-01

    International (European) organizations have impact on health law. The most recent developments are: a revision of the world Medical's Association Declaration of Helsinki, a proposal for a Directive (European Commission) on standards of quality and safety of human organs intended for transplantation, accompanied by a ten point action plan; a proposal (European Commission) for a Directive on the application of patients' rights in cross-border health care; a proposal (European commission) for a Directive on information to the general public on medicinal products subject to medical prescription. PMID:19353913

  18. International Telecommunication Control: International Law and the Ordering of Satellite and Other Forms of International Broadcasting.

    ERIC Educational Resources Information Center

    Smith, Delbert D.

    The need for and the available alternatives for international telecommunication controls are examined, and a functional approach to this area of law is offered. Information from a number of areas is collected and examined as it relates to the basic problem. These areas include general principles of international law, the activities of the…

  19. Emerging trends in international law concerning global infectious disease control.

    PubMed

    Fidler, David P

    2003-03-01

    International cooperation has become critical in controlling infectious diseases. In this article, I examine emerging trends in international law concerning global infectious disease control. The role of international law in horizontal and vertical governance responses to infectious disease control is conceptualized; the historical development of international law regarding infectious diseases is described; and important shifts in how states, international institutions, and nonstate organizations use international law in the context of infectious disease control today are analyzed. The growing importance of international trade law and the development of global governance mechanisms, most prominently in connection with increasing access to drugs and other medicines in unindustrialized countries, are emphasized. Traditional international legal approaches to infectious disease control--embodied in the International Health Regulations--may be moribund.

  20. Comparability of Degrees and Diplomas in International Law.

    ERIC Educational Resources Information Center

    Dupuy, Rene Jean; Tunkin, Gregory

    University exchanges, as well as the high degree of mobility that is a feature of certain professions, demand a system of international equivalences of degrees. This study deals with degrees in international law, and includes under this term: (1) public international law, defined as the body of rules that apply to states and others subject to…

  1. Violation of International Law on Paranal

    NASA Astrophysics Data System (ADS)

    1995-03-01

    Yesterday, 30 March 1995 at 12:40 h Chilean time, a Chilean court official, Mr. Javier Jimenez, Receptor Indicial, accompanied by Chilean Carabinieros, forced an entry to the premises of ESO on Cerro Paranal without permission of ESO and without agreement between the Chilean Government and ESO, although warned that this act was in violation of the status of ESO as an international organization on the basis of the 1963 Convention and subsequent agreements between the Government of Chile and ESO. This action was taken on the basis of a decision by the Supreme Court in Chile on 28 March 1995 to enforce a previous court decision taken on 20 March 1995 in Antofagasta, applying a work stoppage for the VLT (Very Large Telescope) Observatory on Paranal and to assess the present state of constructions, any further construction work to be destroyed at the cost of ESO. This action is a very serious and unprecedented event in the relations between an international organization and its host state. It has occurred notwithstanding the fact that ESO had repeatedly requested the Chilean Government to ensure that the immunities of ESO be respected and had received assurances that the Government of Chile supported the ESO position. This includes the following points: first that the privileges and immunities granted to ESO by the 1963 Convention extend to the entire territory of Chile, second that the donation of the Paranal site by the Chilean Government to ESO in 1988, had been done in accordance with the rules of international law and under the condition that the construction of the VLT Observatory should be initiated within 5 years. This act raises to a new level the quality of the harassment to its activities in Chile, which ESO has experienced in the past year and will result in substantial financial damage to the VLT project. In view of the seriousness of the situation the President of the ESO Council, Dr. Peter Creola, in consultation with the Director General of ESO, Prof

  2. Who is an astronaut? The inadequacy of current international law

    NASA Astrophysics Data System (ADS)

    Lyall, F.

    2010-06-01

    The concept of 'astronaut' as found in law in the 'space treaties' and elsewhere does not fit well with the modern proposals for commercial space tourism. Will the 'rescue and return' provisions apply to commercial flights? Many national laws will apply to space tourism but for the future the international legal regime should be reconsidered. Finally what may happen in a crisis in space?

  3. International Environmental Law and Biochemistry: An Innovative Teaching Opportunity.

    ERIC Educational Resources Information Center

    Candlish, John

    1998-01-01

    Explores the ties between international environmental law and biochemistry with respect to genetically modified organisms, biodiversity, marine pollution, cancer biology, and pesticide contamination of food. Contains 30 references. (DDR)

  4. International Comparison of Age Discrimination Laws.

    PubMed

    Lahey, Joanna N

    2010-11-01

    European age discrimination legislation is discussed in the context of the US Age Discrimination in Employment Act (ADEA) and related state laws. US law was originally introduced to protect productive older workers from age stereotypes, but more recently preventing age discrimination has become important as a means of keeping costs down on entitlement programs as the population ages. Changes in enforcement, penalties, exemptions, length of time to file, and burden of proof have changed the effects of the laws over time. The ADEA has had both positive effects on currently employed older workers and negative effects on the hiring of older workers. Enforcement and publicity are offered as possible explanations for the strength of these positive and negative effects. Age discrimination legislation in Europe, indicated in the Framework Directive 2000/78, is driven by economic and political considerations. European legislation calls for less enforcement and more exemptions than the corresponding US cases which could lead to smaller effects on employment. However, pensions, disability, unemployment, and social security potentially have a stronger effect on social norms for retirement age than does anti-discrimination legislation.

  5. International Comparison of Age Discrimination Laws

    PubMed Central

    Lahey, Joanna N.

    2014-01-01

    European age discrimination legislation is discussed in the context of the US Age Discrimination in Employment Act (ADEA) and related state laws. US law was originally introduced to protect productive older workers from age stereotypes, but more recently preventing age discrimination has become important as a means of keeping costs down on entitlement programs as the population ages. Changes in enforcement, penalties, exemptions, length of time to file, and burden of proof have changed the effects of the laws over time. The ADEA has had both positive effects on currently employed older workers and negative effects on the hiring of older workers. Enforcement and publicity are offered as possible explanations for the strength of these positive and negative effects. Age discrimination legislation in Europe, indicated in the Framework Directive 2000/78, is driven by economic and political considerations. European legislation calls for less enforcement and more exemptions than the corresponding US cases which could lead to smaller effects on employment. However, pensions, disability, unemployment, and social security potentially have a stronger effect on social norms for retirement age than does anti-discrimination legislation. PMID:25197154

  6. The United Nations: the embarrassment of international law.

    PubMed

    Halliday, Denis J

    2002-01-01

    The United Nations should be working towards an international community living in peace under the aegis of international law. Although progress was made in its early years, notably in decolonization, with its membership increased from 50 to 189, major inequalities remain between its nations and their peoples. The Security Council, and in particular its five permanent members (P5), has been guilty of double standards in enforcing international law. Investment should create prosperity and not increase demand for arms. Independent oversight of the UN, and particularly the Security Council, by civil society is needed. If the legitimacy of the UN is to be restored, the Security Council should become more representative, the power of the General Assembly should be restored and the role of the International Court of Justice should be increased. All members of the UN, especially the PS, must respect international law as enshrined in the UN Charter and Conventions.

  7. Space Law and International Claimant Rights

    NASA Astrophysics Data System (ADS)

    Neumann, D. C.; Trach, N.; Mardon, A. A.

    2016-09-01

    The presentation undergoes an exploration of all current frameworks and ideas regarding the distribution of space among humanity. It concludes with the suggestion of a separate international council to amalgamate human effort for sustainable travel.

  8. The psychiatric defence and international criminal law.

    PubMed

    Tobin, John

    2007-01-01

    Following the development of the International Criminal Court (ICC) the mental state of the perpetrators of genocide, crimes against humanity and war crimes will become a more important issue in regard to defence and mitigating factors. This article examines how the International Criminal Tribunal for the Former Yugoslavia (ICTY) in particular has dealt with the mental illness defence to date, and how its judgements can serve as guidance for the ICC as it becomes the major international court of the future. The absence of a mental health defence in the Statutes of the ICTY and the International Criminal Tribunal for Rwanda has led to a reliance on the Rules of Procedure and Evidence of the two tribunals. There are major difficulties in using the mental health defence as it is defined in the Statutes of the ICC because of a requirement for the destruction of mental capacity as a valid defence. Fitness to plead and the defence of intoxication are also examined.

  9. The Anthropocene - and International Law of the Holocene

    NASA Astrophysics Data System (ADS)

    Vidas, D.

    2012-12-01

    Scientists are increasingly voicing a new concern: that the Earth may be undergoing a shift from the most recent known geological epoch, the Holocene (the latest 11,700 years, which have been characterized by relative environmental stability - a factor significant for the development of human civilization), to a new one - the Anthropocene (Zalasiewicz et al., 2010). In 2009, the Anthropocene Working Group was established within the International Commission on Stratigraphy in order to examine the stratigraphic basis for the term 'Anthropocene' and to consider the justification for its possible formalization as the most recent geological time unit. Formal change of the Geological Time Scale due to recognition of the Anthropocene as a new epoch in the geological history of our planet could critically raise awareness and highlight the magnitude of the human impact on the Earth System, prompting fundamental reflection on today's social structures. Important questions may arise about the sustainability of certain aspects of current International Law - a system of rules resting on foundations that evolved under the circumstances of the Holocene, assumed to be ever-lasting. Core challenges for International Law may now be on the horizon. Certain segments of international law, such as the Law of the Sea, involve causal links (historical and ideological) with the development towards the Anthropocene (Vidas, 2011). Other aspects, such as human rights, may gain in prominence and acquire new dimensions - all likely to require fundamental re-examination of accepted perspectives of International Law. The Law of the Sea - a branch of international law that applies to around 71 percent of the Earth's surface area - received its current framework in the near-universal 1982 United Nations Convention on the Law of the Sea (162 parties as of 1 July 2012), which in turn built on some four centuries of development. In our times, however, a thorough re-examination of the Law of the Sea

  10. The importance of domestic law to international arms control

    SciTech Connect

    Lehman, R.F. II

    1993-11-01

    Studies of arms control and disarmament tend to focus on political, military, and diplomatic processes. Recently, in the context of the conversion of defense activities to civilian use, the economic aspects of arms control have also received renewed interest. The legal dimension, however, is in need of fresh examination. Both international and domestic law are sailing increasingly in uncharted waters. Recent arms control agreements and related developments in international peacekeeping have expanded the scope of international law and altered how one perceives certain fundamentals, including the principle of national sovereignty. Still, the nation state is largely unchallenged as the primary actor in international affairs. National governments retain near absolute sovereign rights and responsibilities even in an age of trans-national economic integration and codified international norms for human rights, freedom of the press, and the peaceful resolution of disputes. Indeed, the role of domestic law in arms control and disarmament may be more significant now than ever before. A brief review of relationships between arms control and domestic law should illustrate ways in which ones thinking has been underestimating the importance of domestic law. Hopefully, this survey will set the stage properly for the excellent, more detailed case studies by Elinor Hammarskjold and Alan Crawford. Toward that end, this paper will highlight a number of more general, and sometimes provocative, themes. These themes should be kept in mind when those two complementary presentations are considered.

  11. First Law for fields with Internal Gauge Freedom

    NASA Astrophysics Data System (ADS)

    Prabhu, Kartik

    2016-03-01

    We extend the analysis of Iyer and Wald to derive the First Law of blackhole mechanics in the presence of fields charged under an `internal gauge group'. We treat diffeomorphisms and gauge transformations in a unified way by formulating the theory on a principal bundle. The first law then relates the energy and angular momentum at infinity to a potential times charge term at the horizon. The gravitational potential and charge give a notion of temperature and entropy respectively.

  12. International biomedical law in search for its normative status.

    PubMed

    Krajewska, Atina

    2012-01-01

    The broad and multifaceted problem of global health law and global health governance has been attracting increasing attention in the last few decades. The global community has failed to establish international legal regime that deals comprehensively with the 'technological revolution'. The latter has posed complex questions to regions of the world with widely differing cultural perspectives. At the same time, an increasing number of governmental and non-state actors have become significantly involved in the sector. They use legal, political, and other forms of decision-making that result in regulatory instruments of contrasting normative status. Law created in this heterogeneous environment has been said to be fragmented, inconsistent, and exacerbating uncertainties. Therefore, claims have been made that a centralised and institutionalised system would help address the problems of transparency, legitimacy and efficiency. Nevertheless, little scholarly consideration is paid to the normative status of international biomedical law. This paper explores whether formalisation and "constitutionalisation" of biomedical law are indeed inevitable for its establishment as a separate regulatory regime. It does so by analysing the proliferation of biomedical law in light of two the theory of fragmentation and the theory of global legal pluralism. Investigating the problem in this way helps determine the theoretical framework and methodology of future studies of biomedical law at the international level. This in turn should help its future development in a more consistent and harmonised manner.

  13. International law, human rights and HIV/AIDS.

    PubMed Central

    Patterson, David; London, Leslie

    2002-01-01

    This article explores the relevance of international human rights law in the response to the HIV/AIDS epidemic at national and international levels. Public health advocates can use arguments based on this body of law to promote responses to HIV/AIDS that reflect sound public health principles and documented best practice. Development assistance is increasingly linked to rights-based approaches, such as participatory processes, and strategic alliances between health professionals, organizations of people living with HIV/AIDS, and affected communities. Legal and human rights advocacy strategies are increasingly productive and necessary. PMID:12571725

  14. International Law: Working for Peace and Justice to Preserve Your Rights.

    ERIC Educational Resources Information Center

    Duvall, Donald K.

    1983-01-01

    The rules and principles of international law developed as people of different nations interacted with one another. The need for international law has never been greater than it is today. Ten traditional categories of international law serve as the focus for educating students and adults about international law. (AM)

  15. Influenza virus samples, international law, and global health diplomacy.

    PubMed

    Fidler, David P

    2008-01-01

    Indonesia's decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia's use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International Health Regulations 2005 applied to the controversy. The incident involving Indonesia's actions with virus samples illustrates both the importance and the limitations of international law in global health diplomacy.

  16. Influenza Virus Samples, International Law, and Global Health Diplomacy

    PubMed Central

    2008-01-01

    Indonesia’s decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia’s use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International Health Regulations 2005 applied to the controversy. The incident involving Indonesia’s actions with virus samples illustrates both the importance and the limitations of international law in global health diplomacy. PMID:18258086

  17. An Interdisciplinary Approach to Teaching International Law: Using the Tools of the Law School Classroom in Political Science

    ERIC Educational Resources Information Center

    Zartner, Dana

    2009-01-01

    As the world has grown more interconnected, many political science programs have added courses on international law, international organizations, the laws of war and peace, international human rights, and comparative judicial politics. While in many cases these are relatively new offerings within international studies, all of these subjects have…

  18. The Content of International Law Courses in Departments of Political Science: Some Comments. [Revised].

    ERIC Educational Resources Information Center

    Stevis, Dimitris

    This paper discusses international law's nature and role and suggests that it can be studied from a number of different perspectives. The major topics include: (1) internationally relevant domestic law; (2) the relationship of law to justice; (3) international law's status and legitimacy; (4) the rights of governments, corporations, and…

  19. New Monograph on Marine Science and International Law

    NASA Astrophysics Data System (ADS)

    The International Marine Science Cooperation Program at the Woods Hole Oceanographic Institution (Woods Hole, Mass.) announces its second publication, Marine Scientific Research Boundaries and the Law of the Sea: Discussion and Inventory of National Claims by David A. Ross and Therese A. Landry. The document is in two parts. The first section describes research boundaries and discusses specific articles of the Law of the Sea Treaty that bear on marine scientific research, while the second section is an inventory of the maritime claims by 139 countries.

  20. [Wounds from modern small arms and international humanitarian law].

    PubMed

    Dyskin, E A; Ozeretskovskiĭ, V L; Popov, M; Tiurin, M V

    1992-01-01

    The article cites the concept, basic standards and principles of international humane law concerning the banning or restriction of some types of conventional weapons. The authors describe international methods for appreciation of destructive effects of wounding missiles. On the basis of literature and their own experiments the authors make a conclusion that actually it would be impossible to formulate a straight definition between "human" and "inhumane" bullets, as well as to establish a criterion which could determine the admissible or inadmissible limits for gunshot injuries. PMID:1570694

  1. Implementation of Intellectual Property Law on the International Space Station

    NASA Astrophysics Data System (ADS)

    Mannix, John G.

    2002-01-01

    Because of the importance of intellectual property rights to the private sector, NASA has developed a reference guide to assist business leaders in understanding how the Intellectual Property Articles of the 1998 Intergovernmental Agreement on the International Space Station will be implemented. This reference guide discusses the statutory, regulatory and programmatic strictures on the deployment, utilization and ownership of intellectual property within the Space Station program. This guide presents an analysis of the intellectual property law aspects of the international agreements and documents pertaining to the International Space Station, and then relates them to NASA's authorities for entering into research and development agreements with private entities. This paper will discuss the reference guide and should aid potential agreement participants in understanding the legal environment for entering into agreements with NASA to fly research and development payloads on the International Space Station.

  2. Taking older people's rights seriously: the role of international law.

    PubMed

    Tang, Kwong-leung

    2008-01-01

    Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly "more" disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society. PMID:18198162

  3. Taking older people's rights seriously: the role of international law.

    PubMed

    Tang, Kwong-leung

    2008-01-01

    Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly "more" disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.

  4. International law implications of the detection of extraterrestrial intelligent signals

    NASA Astrophysics Data System (ADS)

    Kopal, Vladimir

    This paper first considers whether the present law of outer space, as it has been enshrined in five United Nations treaties and other legal documents concerning outer space, provides a satisfactory basis for SETI/CETI activities. In the author's opinion, these activities may serve "the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes," as recognized in the 1967 Outer Space Treaty. The use of the radio frequency spectrum for SETI/CETI purposes should be in conformity with the legal principles governing this valuable natural resource, as expressed in the International Telecommunication Convention and related documents, and with allocations of the relevant segments of the spectrum by the competent bodies of the International Telecommunication Union. In the second part the author examines the impact that the detection of extraterrestrial intelligent signals may have on the present body of space law. A possible role for the United Nations in this respect is also explored and a timely interest of the world body in discussing questions relating to this subject is recommended. Consideration of these questions could become a tool helping to concentrate the attention of the world community on problems of common concern and thus to strengthen international cooperation. However, the author believes that a law-making process that would aim at elaborating a special regulation of activities in this field would be premature at this stage. It should be initiated only when the boundary between possibilities and realities is crossed. Finally, the paper outlines some likely transformation in our space law thinking that would be the consequence of the detection of extraterrestrial intelligent signals. Elaboration of the principles and norms to govern relations between the international community of our own planet and other intelligent communities in the universe would add a new dimension to the present body of outer space

  5. International law, public health, and the meanings of pharmaceuticalization.

    PubMed

    Cloatre, Emilie; Pickersgill, Martyn

    2014-10-01

    Recent social science scholarship has employed the term "pharmaceuticalization" in analyses of the production, circulation and use of drugs. In this paper, we seek to open up further discussion of the scope, limits and potential of this as an analytical device through consideration of the role of law and legal processes in directing pharmaceutical flows. To do so, we synthesize a range of empirical and conceptual work concerned with the relationships between access to medicines and intellectual property law. This paper suggests that alongside documenting the expansion or reduction in demand for particular drugs, analysts of pharmaceuticalization attend to the ways in which socio-legal developments change (or not) the identities of drugs, and the means through which they circulate and come to be used by states and citizens. Such scholarship has the potential to more precisely locate the biopolitical processes that shape international agendas and targets, form markets, and produce health.

  6. International law, public health, and the meanings of pharmaceuticalization

    PubMed Central

    Cloatre, Emilie; Pickersgill, Martyn

    2014-01-01

    Recent social science scholarship has employed the term “pharmaceuticalization” in analyses of the production, circulation and use of drugs. In this paper, we seek to open up further discussion of the scope, limits and potential of this as an analytical device through consideration of the role of law and legal processes in directing pharmaceutical flows. To do so, we synthesize a range of empirical and conceptual work concerned with the relationships between access to medicines and intellectual property law. This paper suggests that alongside documenting the expansion or reduction in demand for particular drugs, analysts of pharmaceuticalization attend to the ways in which socio-legal developments change (or not) the identities of drugs, and the means through which they circulate and come to be used by states and citizens. Such scholarship has the potential to more precisely locate the biopolitical processes that shape international agendas and targets, form markets, and produce health. PMID:25431535

  7. 27 CFR 479.191 - Applicability of other provisions of internal revenue laws.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Applicability of other provisions of internal revenue laws. 479.191 Section 479.191 Alcohol, Tobacco Products, and Firearms BUREAU... other provisions of internal revenue laws. All of the provisions of the internal revenue laws...

  8. The role of science in international trade law.

    PubMed

    Lugard, Maurits; Smart, Michael

    2006-02-01

    While the General Agreement on Tariffs and Trade addressed overt barriers to international trade, the current focus of international trade rules has shifted to less obvious, but in many cases no less restrictive, barriers to trade, such as protectionist measures adopted under the guise of health and safety standards. The new agreements established under the World Trade Organization ("WTO"), including the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), the Agreement on Technical Barriers to Trade ("TBT Agreement"), provide important tools that can be invoked by governments and used by stakeholders to address regulatory barriers that were once thought outside the purview of international trade rules. Non-science based regulations can be and have been successfully challenged under the SPS and TBT Agreements, which prohibit WTO Members from maintaining laws or regulations that adversely affect trade unless such measures are scientifically justified. Stakeholders should use to the fullest extent possible international trade rules to eliminate non-science based regulations that adversely affect trade in the goods that they produce.

  9. 75 FR 32532 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-06-08

    ... of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Monday, June 21, 2010, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School (Michael K. Young Faculty Conference Center, 5th Floor), 2000...

  10. 76 FR 72023 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-11-21

    ... of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Thursday, December 8, 2011, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School (Michael K. Young Faculty Conference Center, 5th...

  11. 78 FR 70392 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-25

    ... of Meeting of Advisory Committee on International Law A meeting of the Department of State's Advisory Committee on International Law will take place on Friday, December 13, 2013, from 9:00 a.m. to approximately 2:30 p.m. at the George Washington University Law School (Frederick Lawrence Student...

  12. 76 FR 30229 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-24

    ... of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Monday, June 6, 2011, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School (Michael K. Young Faculty Conference Center, 5th Floor), 2000...

  13. 75 FR 70961 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-11-19

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Thursday, December 9, 2010, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law...

  14. 77 FR 32168 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-31

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Wednesday, June 13, 2012, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School...

  15. 77 FR 71028 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-11-28

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Friday December 14, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School...

  16. Emerging Trends in International Law Concerning Global Infectious Disease Control1

    PubMed Central

    2003-01-01

    International cooperation has become critical in controlling infectious diseases. In this article, I examine emerging trends in international law concerning global infectious disease control. The role of international law in horizontal and vertical governance responses to infectious disease control is conceptualized; the historical development of international law regarding infectious diseases is described; and important shifts in how states, international institutions, and nonstate organizations use international law in the context of infectious disease control today are analyzed. The growing importance of international trade law and the development of global governance mechanisms, most prominently in connection with increasing access to drugs and other medicines in unindustrialized countries, are emphasized. Traditional international legal approaches to infectious disease control—embodied in the International Health Regulations—may be moribund. PMID:12643821

  17. International developments in abortion law from 1988 to 1998.

    PubMed Central

    Cook, R J; Dickens, B M; Bliss, L E

    1999-01-01

    OBJECTIVES: In 2 successive decades since 1967, legal accommodation of abortion has grown in many countries. The objective of this study was to assess whether liberalizing trends have been maintained in the last decade and whether increased protection of women's human rights has influenced legal reform. METHODS: A worldwide review was conducted of legislation and judicial rulings affecting abortion, and legal reforms were measured against governmental commitments made under international human rights treaties and at United Nations conferences. RESULTS: Since 1987, 26 jurisdictions have extended grounds for lawful abortion, and 4 countries have restricted grounds. Additional limits on access to legal abortion services include restrictions on funding of services, mandatory counseling and reflection delay requirements, third-party authorizations, and blockades of abortion clinics. CONCLUSIONS: Progressive liberalization has moved abortion laws from a focus on punishment toward concern with women's health and welfare and with their human rights. However, widespread maternal mortality and morbidity show that reform must be accompanied by accessible abortion services and improved contraceptive care and information. PMID:10191808

  18. Personality disorders and criminal law: an international perspective.

    PubMed

    Sparr, Landy F

    2009-01-01

    At the International War Crimes Tribunal for the Former Yugoslavia (ICTY), a detention camp guard, charged with acts of murder and torture, advanced a plea of diminished responsibility. Defense psychiatrists testified that he had a personality disorder that influenced his ability to control his behavior, but a prosecution expert testified that the guard did not meet Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) criteria. Thus, the unresolved question of how the law defines a mental disease or defect for purposes of mitigation or excuse was transposed to an international setting. It has been argued in a variety of jurisdictions and national legal systems that exculpatory mental disorders must be serious, and personality disorders should not qualify. In fact, it has been proposed that the volitional aspect of excuse defenses be eliminated, and definitions of mental disease or defect narrowed. Others have argued that such exclusions are too restrictive and arbitrary. This article examines the criminal defense at ICTY and traces its origin in national jurisdictions. Mental incapacity defenses based on personality disorders are more often used in The Netherlands, England, Germany and Belgium, but seldom in Canada and rarely in the United States and Sweden.

  19. Global governance, international health law and WHO: looking towards the future.

    PubMed Central

    Taylor, Allyn L.

    2002-01-01

    The evolving domain of international health law encompasses increasingly diverse and complex concerns. Commentators agree that health development in the twenty-first century is likely to expand the use of conventional international law to create a framework for coordination and cooperation among states in an increasingly interdependent world. This article examines the forces and factors behind the emerging expansion of conventional international health law as an important tool for present and future multilateral cooperation. It considers challenges to effective international health cooperation posed for intergovernmental organizations and other actors involved in lawmaking. Although full consolidation of all aspects of future international health lawmaking under the auspices of a single international organization is unworkable and undesirable, the World Health Organization (WHO) should endeavour to serve as a coordinator, catalyst and, where appropriate, platform for future health law codification. Such leadership by WHO could enhance coordination, coherence and implementation of international health law policy. PMID:12571727

  20. Euthanasia and international human rights law: prolegomena for an international debate.

    PubMed

    Van den Akker, B; Janssens, R M; Ten Have, H A

    1997-10-01

    In this paper we examine in what respects international human rights law can provide a basis for the establishment of an international debate on euthanasia. Such a debate seems imperative, as in many countries euthanasia is considered taboo in the context of medical practice, yet at the same time, supposedly, decisions are taken to intentionally shorten patients' lives. In the Netherlands, the act of euthanasia will not lead to the prosecution of the physician involved if the physician has complied with certain procedures. The Dutch debate centres on procedures marginalizing important moral aspects of euthanasia. An international debate, addressing the fundamental morality of euthanasia and of other medical decisions involving the end of life, will eventually enhance medical practice in the Netherlands as well as in other countries.

  1. 76 FR 18134 - Rewards and Awards for Information Relating to Violations of Internal Revenue Laws; Hearing

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-04-01

    ..., January 18, 2011 (76 FR 2852). Persons, who wish to present oral comments at the hearing that submitted... Violations of Internal Revenue Laws; Hearing AGENCY: Internal Revenue Service (IRS), Treasury. ACTION:...

  2. Current issues of international law on offshore abandonment, with special reference to the United Kingdom

    SciTech Connect

    Gao, Zhiguo

    1997-11-01

    This article attempts to provide an up-to-date overview of the recent developments of international law on offshore abandonment. It scrutinizes the current issues and debates on the subject at both international and national levels, with special reference to the legislation and practice in the United Kingdom. Through a study of the current issues and trends in international law and policy developments, the articles undertakes to provide, where possible, practical considerations as to the possible resolution of some of the prominent problems faced by the international community in general, and some member states in particular. The future direction of international abandonment law also is briefly outlined.

  3. [Revision of the medical malpractice law? Malpractice in an international comparison].

    PubMed

    Deutsch, E

    1998-10-01

    An international comparison shows that the German criminal law is severe on physicians. In the majority of the other countries the doctor is just liable for criminal or gross negligence. There are some countries where lack of informed consent leads to a special criminal action. The comparative law shows us that it is better to keep the current criminal law.

  4. 78 FR 34702 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-06-10

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law A meeting of the Department of State's Advisory Committee on International Law will take place on Monday, June 24, 2013, from 9:30 a.m. to approximately 5:30 p.m., at the George...

  5. 78 FR 18415 - Notice of Amendment to the Advisory Committee on International Law Charter

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-26

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Amendment to the Advisory Committee on International Law Charter The Department of State has amended the Charter of the Advisory Committee on International Law to add three additional membership positions. The Committee is comprised of all...

  6. International law and human rights: trends concerning international migrants and refugees.

    PubMed

    Goodwin-gill, G S

    1989-01-01

    Not with standing human rights linkages, migrants and refugees are often on the periphery of effective international protection. State sovereignty and self-regarding notions of community are used to deny or dilute substantive and procedural guarantees. Recently, even non- discrimination as a fundamental principle has been questioned, as has the system of refugee protection. This article located both migrants and refugees squarely within the human rights context, contrasting both inalienable rights with the demands of sovereignty, and juxtaposing the 2 in a context of existing and developing international standards. Migration and refugee flows will go on, and the developed world, in particular, must address the consequences - legal, humanitarian, socioeconomic, and cultural. Racism and institutional denials of basic rights daily challenge the common interest. This article shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights and freedoms is to be maintained.

  7. The Role of International Law: Formulating International Legal Instruments and Creating International Institutions.

    ERIC Educational Resources Information Center

    Szasz, Paul C.

    1991-01-01

    Using as a basis the threat of climatic change resulting from global warming, this article considers the functions that might be assigned to an international regime. For each function individually and collectively, the instruments and institutions that would be required for the various processes are examined. (SLD)

  8. 77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-01-05

    ... Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter The Charter of the Department of State's Advisory Committee on Private International Law has been renewed... domestic and international developments in private international law; provides a means for state, local...

  9. The Anthropocene and the international law of the sea.

    PubMed

    Vidas, Davor

    2011-03-13

    The current law of the sea provides a framework for various specific issues, but is incapable of responding adequately to the overall challenges facing humankind, now conceivably already living in the Anthropocene. The linkages between the development of the law of the sea and the current process towards formal recognition of an Anthropocene epoch are twofold. First, there is a linkage of origin. The ideological foundations of the law of the sea facilitated the emergence of forces that were to lead to the Industrial Revolution and, eventually, to levels of development entailing ever-greater human impacts on the Earth System. Second, there are linkages in interaction. Geological information has prompted key developments in the law of the sea since the introduction of the continental shelf concept in the mid-twentieth century. With the formalization of the Anthropocene epoch, geology might again act as a trigger for new developments needed in the law of the sea. This article explores those two aspects of linkages and examines prospects for further development of the law of the sea framework, through concepts such as the responsibility for the seas as well as those related to new approaches to global sustainability such as the 'planetary boundaries'.

  10. The Status of Multilateral Space Agreements in International and U.S. Domestic Law

    NASA Astrophysics Data System (ADS)

    Gantt, J. B.

    2002-01-01

    This paper will address the status of international agreements (e.g., the International Space Station IGA) and space agency-to-space agency MOUs in international law. Where the United States (U.S.) is a party, under U.S. domestic law, this paper will consider the extent to which such documents may be enforceable as a matter of law and why. Where this is not the case, the paper will consider whether and to what extent future such agreements should be drafted with that intent in mind.

  11. International organizations and space law: their role and contributions. Proceedings.

    NASA Astrophysics Data System (ADS)

    Harris, R. A.

    1999-06-01

    The following topics were dealt with: international organizations participating in space activities (ESA, EUTELSAT, EUMETSAT, INTERSPUTNIK); international organizations engaged in space regulatory, policy-making and related activities (UN, ICAO, WIPO, ITU); problems arising from privatisation of international space organizations (IMMARSAT, INTELSAT, EUTELSAT); contributions through international treaties and agreements; contribution in the main sectors of space activity: living and working in space transportation systems, Earth observation, telecommunications and navigation.

  12. International developments in abortion laws: 1977-88.

    PubMed Central

    Cook, R J; Dickens, B M

    1988-01-01

    During the period between 1977 and the first quarter of 1988, 35 countries liberalized their abortion laws and four countries limited grounds for the procedure. Most legislation has extended abortion eligibility through traditional indications such as danger to maternal health or fetal handicap, but a number of other indications have been created such as adolescence, advanced maternal age, family circumstances, and AIDS or HIV infection. A number of countries have redesigned their abortion laws as part of a comprehensive package to facilitate access to and delivery of contraception, voluntary sterilization, and abortion services. Abortion litigation has increased and stimulated the liberalization of abortion provisions and the support of women's autonomous choice within the law. In Canada, the entire criminal prohibition of abortion was held unconstitutional for violating women's integrity and security. In contrast, Latin American and other constitutional developments may limit legal abortion to instances of danger to women's lives. PMID:3048126

  13. 77 FR 58606 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-09-21

    ... Study Group on Choice of Law in International Commercial Contracts The Office of the Assistant Legal... Study Group on Choice of Law in International Commercial Contracts. A working group of experts from...- binding principles relevant to the choice of law in international commercial contracts. The...

  14. 76 FR 51119 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-08-17

    .... Department of State Advisory Committee on Private International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law on Thursday, September 22 and Friday, September 23, 2011,...

  15. 77 FR 52784 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-30

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law...

  16. Evaluating Implementation of the International Classification of Functioning, Disability and Health in Portugal's Special Education Law

    ERIC Educational Resources Information Center

    Sanches-Ferreira, Manuela; Simeonsson, Rune J.; Silveira-Maia, Mónica; Alves, Sílvia

    2015-01-01

    This paper reports the results of a national two-year project, commissioned by the Portuguese Ministry of Education, to investigate the implementation of the International Classification of Functioning, Disability and Health (ICF) under Decree-Law 3/2008. The Decree-Law also introduced the principle that the documentation of students' functioning…

  17. 19 CFR 147.22 - Compliance with the internal revenue laws and Federal Alcohol Administration Act.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 19 Customs Duties 2 2010-04-01 2010-04-01 false Compliance with the internal revenue laws and Federal Alcohol Administration Act. 147.22 Section 147.22 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) TRADE FAIRS Requirements of Other Laws § 147.22 Compliance with...

  18. 77 FR 32167 - Notice of Renewal of Advisory Committee on International Law Charter

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-31

    ... Theodore P. Kill, Executive Director, Advisory Committee on International Law, Department of State, at 202-776-8344 or killtp@state.gov . Dated: May 23, 2012. Theodore P. Kill, Attorney Advisor, Office...

  19. International law gives states right to jam foreign radio broadcasts

    NASA Astrophysics Data System (ADS)

    Timofeyeva, G.

    1984-02-01

    A series of documents was adopted by the UN and UNESCO emphasizing attention on the need to use the mass information media in the interest of peace, detente, development of international cooperation and against the arms race. The role of jamming foreign broadcasts as an aid to maintaining internal order was discussed.

  20. [FROM THE LAW "RELATED TO ABNORMAL AND HABITUAL OFFENDERS" TO THE LAW OF INTERNMENT OF PERSONS WITH MENTAL DISORDERS"].

    PubMed

    Garcet, S

    2015-12-01

    The Belgian forensic system for offenders with mental disorders is organized according to a principle of social defense. It is characterized, on the one hand, by the protection of the society and neutralization of risks and, on the other hand, by the requirements of mental care for the internee. The evolution of the legal framework from the 1930 law related to "abnormal and habitual offenders" to the law about "internment of persons with mental disorder" voted in 2014 reflects the vicissitudes born of the tension between these two pillars. In this difficult balance between medical and judicial issues, although published, but not yet effective, the 2014 version of the law is, in many ways, a positive development in the integration of internees and their needs. PMID:26867310

  1. [FROM THE LAW "RELATED TO ABNORMAL AND HABITUAL OFFENDERS" TO THE LAW OF INTERNMENT OF PERSONS WITH MENTAL DISORDERS"].

    PubMed

    Garcet, S

    2015-12-01

    The Belgian forensic system for offenders with mental disorders is organized according to a principle of social defense. It is characterized, on the one hand, by the protection of the society and neutralization of risks and, on the other hand, by the requirements of mental care for the internee. The evolution of the legal framework from the 1930 law related to "abnormal and habitual offenders" to the law about "internment of persons with mental disorder" voted in 2014 reflects the vicissitudes born of the tension between these two pillars. In this difficult balance between medical and judicial issues, although published, but not yet effective, the 2014 version of the law is, in many ways, a positive development in the integration of internees and their needs.

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

    PubMed

    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.

  3. 76 FR 6369 - Rewards and Awards for Information Relating to Violations of Internal Revenue Laws

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-02-04

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 RIN 1545-BJ89 Rewards and Awards for Information Relating to Violations of Internal Revenue Laws Correction In proposed rule document 2011-928 appearing on pages...

  4. Russian-English Glossary of International Maritime Law Terms (and Selected Terms in Related Disciplines.)

    ERIC Educational Resources Information Center

    Naval Intelligence Support Center, Washington, DC.

    This glossary contains over 750 terms encountered in international maritime law texts. It includes terms of the art, fairly common abbreviations, geographic names, and prepositional phrases routinely encountered in international treaties, conventions, and agreements. The prepositional phrases are recorded exactly as they appear in formal texts.…

  5. Hidden Contradictions and Conditionality: Conceptualisations of Inclusive Education in International Human Rights Law

    ERIC Educational Resources Information Center

    Byrne, Bronagh

    2013-01-01

    The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised "inclusive education". It argues that the right to education for children with disabilities in international law is…

  6. Teaching International Business Law: A Liberal Arts Perspective

    ERIC Educational Resources Information Center

    MacDonald, Diane B.; Ramaglia, Judith A.

    2004-01-01

    Integrating the liberal arts perspective in the study of international commerce allows students to examine the human side of doing business outside the U.S. and stimulates the imagination by exploring the contributions made to business practices by other cultures. This approach is one way to enrich the student learning experience and to make the…

  7. Neurons compute internal models of the physical laws of motion.

    PubMed

    Angelaki, Dora E; Shaikh, Aasef G; Green, Andrea M; Dickman, J David

    2004-07-29

    A critical step in self-motion perception and spatial awareness is the integration of motion cues from multiple sensory organs that individually do not provide an accurate representation of the physical world. One of the best-studied sensory ambiguities is found in visual processing, and arises because of the inherent uncertainty in detecting the motion direction of an untextured contour moving within a small aperture. A similar sensory ambiguity arises in identifying the actual motion associated with linear accelerations sensed by the otolith organs in the inner ear. These internal linear accelerometers respond identically during translational motion (for example, running forward) and gravitational accelerations experienced as we reorient the head relative to gravity (that is, head tilt). Using new stimulus combinations, we identify here cerebellar and brainstem motion-sensitive neurons that compute a solution to the inertial motion detection problem. We show that the firing rates of these populations of neurons reflect the computations necessary to construct an internal model representation of the physical equations of motion. PMID:15282606

  8. International law on ship recycling and its interface with EU law.

    PubMed

    Argüello Moncayo, Gabriela

    2016-08-15

    The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling. PMID:27287868

  9. International law on ship recycling and its interface with EU law.

    PubMed

    Argüello Moncayo, Gabriela

    2016-08-15

    The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling.

  10. Aims of the 3rd international course on the Law of Armed Conflict of the International Committee for Military Medicine.

    PubMed

    Baer, Hans-Ulrich; Gilgen, Peter

    2002-08-01

    The International Committee for Military Medicine (ICMM) decided at the 32nd Congress in Vienna in 1998 to give the Surgeon General of the Swiss Armed Forces the mandate to organize its international courses on the Law of Armed Conflict (LOAC). The Swiss Federal Government fully honored and endorsed its obligation to organize these important international courses. It is in the continuing tradition of Switzerland, as a small neutral state, to support humanitarian help and all efforts to prevent war. As decided by the head of the government on April 3, 1998, the mandate of the LOAC Courses will be funded by the Swiss Confederation.

  11. The rights of Turkish migrants in Europe under international law and EU law.

    PubMed

    Cicekli, B

    1999-01-01

    This paper investigates three issues concerning female immigration in the European Union during the past decade: 1) the sequence of labor migration and family reunification is assessed; 2) family migration is examined in detail; and 3) the implications of the diversification of contemporary female migration are studied. In addition, it presents arguments regarding the necessity of considering the reality of changing patterns of employment, households, and social structures to increase our knowledge of European immigration. Family reunion, as much as full-fledged labor migration, reveals the multiple personal and familial strategies involved in the process of migration. Theoretization of international migration emphasizes its diversification including the growing significance of minority skilled migrants. Absence of a sustained dialogue between feminist and mainstream researchers in the field of migration studies is one of the major problems in achieving change in the theoretical understanding of gender international migration in Europe. It was also observed that the communication between migrant women and mainstream European feminist movements has been poor. Lastly, it was proposed that migration theories and models should revolve around the multiple aspects of women's lives in order to catch up with the changes of the last few decades in employment, household and social structures.

  12. The Use of Remote Sensing Satellites for Verification in International Law

    NASA Astrophysics Data System (ADS)

    Hettling, J. K.

    The contribution is a very sensitive topic which is currently about to gain significance and importance in the international community. It implies questions of international law as well as the contemplation of new developments and decisions in international politics. The paper will begin with the meaning and current status of verification in international law as well as the legal basis of satellite remote sensing in international treaties and resolutions. For the verification part, this implies giving a definition of verification and naming its fields of application and the different means of verification. For the remote sensing part, it involves the identification of relevant provisions in the Outer Space Treaty and the United Nations General Assembly Principles on Remote Sensing. Furthermore it shall be looked at practical examples: in how far have remote sensing satellites been used to verify international obligations? Are there treaties which would considerably profit from the use of remote sensing satellites? In this respect, there are various examples which can be contemplated, such as the ABM Treaty (even though out of force now), the SALT and START Agreements, the Chemical Weapons Convention and the Conventional Test Ban Treaty. It will be mentioned also that NGOs have started to verify international conventions, e.g. Landmine Monitor is verifying the Mine-Ban Convention. Apart from verifying arms control and disarmament treaties, satellites can also strengthen the negotiation of peace agreements (such as the Dayton Peace Talks) and the prevention of international conflicts from arising. Verification has played an increasingly prominent role in high-profile UN operations. Verification and monitoring can be applied to the whole range of elements that constitute a peace implementation process, ranging from the military aspects through electoral monitoring and human rights monitoring, from negotiating an accord to finally monitoring it. Last but not least the

  13. The Right to Health Under International Law and Its Relevance to the United States

    PubMed Central

    Yamin, Alicia Ely

    2005-01-01

    In recent years, there have been considerable developments in international law with respect to the normative definition of the right to health, which includes both health care and healthy conditions. These norms offer a framework that shifts the analysis of issues such as disparities in treatment from questions of quality of care to matters of social justice. Building on work in social epidemiology, a rights paradigm explicitly links health with laws, policies, and practices that sustain a functional democracy and focuses on accountability. In the United States, framing a well-documented problem such as health disparities as a “rights violation” attaches shame and blame to governmental neglect. Further, international law offers standards for evaluating governmental conduct as well as mechanisms for establishing some degree of accountability. PMID:15933233

  14. The right to health under international law and its relevance to the United States.

    PubMed

    Yamin, Alicia Ely

    2005-07-01

    In recent years, there have been considerable developments in international law with respect to the normative definition of the right to health, which includes both health care and healthy conditions. These norms offer a framework that shifts the analysis of issues such as disparities in treatment from questions of quality of care to matters of social justice. Building on work in social epidemiology, a rights paradigm explicitly links health with laws, policies, and practices that sustain a functional democracy and focuses on accountability. In the United States, framing a well-documented problem such as health disparities as a "rights violation" attaches shame and blame to governmental neglect. Further, international law offers standards for evaluating governmental conduct as well as mechanisms for establishing some degree of accountability.

  15. 78 FR 38430 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-06-26

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law Correction In notice document 2013-13719, appearing on page 34702 in the issue of Monday, June 10, 2013, make the following correction: In the...

  16. Development of a Language for International Law: The Experience of Esperanto.

    ERIC Educational Resources Information Center

    Harry, Ralph L.

    1989-01-01

    Recounts the history of interest in developing Esperanto as a lingua franca for international law and diplomacy, beginning with Zamenhof's development of Esperanto and proceeding through the development of a lexicon for the language and through its application to legal issues. Prospects for the future of Esperanto are discussed. (DJD)

  17. 78 FR 72971 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-12-04

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of Advisory Committee on International Law Correction In notice document 2013-28232 appearing on page 70392, in the issue of Monday, November 25, 2013, make the following correction: ] In the second column, in the seventh line from...

  18. 78 FR 24784 - State Department Advisory Committee on Private International Law; Closed Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-26

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE State Department Advisory Committee on Private International Law; Closed Meeting In accordance with section 10(a) of the Federal Advisory Committee Act, 5 U.S.C. App Sec. 10(a), the Department of State announces a meeting of the full Advisory Committee...

  19. World Crisis as "Teachable Moment": Joining Global Issues, International Law, and the Internet in the Classroom.

    ERIC Educational Resources Information Center

    Leary, John E., Jr.

    2000-01-01

    Describes a mock judicial proceeding that incorporated computers in the classroom and questioned international law. Explains that students were divided into interested parties in the Kosovo conflict (NATO members, the Yugoslavian government, Kosovo Albanians, Russians, and Chinese), a delegation of human-rights groups, and a panel of judges. (CMK)

  20. 78 FR 22020 - State Department Advisory Committee on Private International Law; Closed Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-12

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE State Department Advisory Committee on Private International Law; Closed Meeting In accordance with section 10(a) of the Federal Advisory Committee Act, 5 U.S.C. App Sec. 10(a), the Department of State announces a meeting of the full Advisory Committee...

  1. Curricular Choices of Ultra-Orthodox Jewish Communities: Translating International Human Rights Law into Education Policy

    ERIC Educational Resources Information Center

    Perry-Hazan, Lotem

    2015-01-01

    This paper employs the provisions of international human rights law in order to analyse whether and how liberal states should regulate Haredi educational practices, which sanctify the exclusive focus on religious studies in schools for boys. It conceptualises the conflict between the right to acceptable education and the right to adaptable…

  2. Law.

    ERIC Educational Resources Information Center

    Walker, W. R.; Cox, W. E.

    1978-01-01

    Presents a literature review of the legal issues relative to water quality covering publications of 1977. Consideration is given to federal laws, Supreme Court cases, and the impact of federal environmental laws on local government. A list of 47 references is also presented. (HM)

  3. International and European law on protected areas and climate change: need for adaptation or implementation?

    PubMed

    Cliquet, A

    2014-10-01

    The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

  4. Physicians and international humanitarian law in complex emergencies: controversies and future opportunities.

    PubMed

    Hoffman, M H

    2001-01-01

    This paper describes the areas in which the Geneva Conventions no longer are adequate as a source of legal description or prescription for the challenges faced by physicians working in complex emergencies. It covers the conceptual pitfalls facing the medical profession in connection with humanitarian interventions, which often are conventional military operations, but are not recognized as such because they may vary in some respects from more familiar forms of interstate conflict. Emerging categories of combatants who pose a major threat during complex emergencies also are identified. Opportunities to meet these challenges with the tools and culture of medicine are explored, and are proposed to the medical community as an opportunity for leadership. The paper proposes that new, epidemiological standards should be developed in order to identify the outbreak of armed conflicts and the trigger points for application of international humanitarian law. Such could replace the political model that presently underlies international humanitarian law. It also argues that international humanitarian law is not the starting point for application of humanitarian standards in war zones, but rather is built upon a peacetime medical culture that must be replicated in complex emergencies as a precursor to effective application of the law.

  5. International and European Law on Protected Areas and Climate Change: Need for Adaptation or Implementation?

    NASA Astrophysics Data System (ADS)

    Cliquet, A.

    2014-10-01

    The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

  6. 78 FR 69172 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-18

    ... response to a request from UNCITRAL's Working Group IV (electronic commerce), the UNCITRAL Secretariat has.... Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for Private International Law, Department of...

  7. 76 FR 56865 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-09-14

    ... electronic commerce) of the United Nations Commission on International Trade Law (UNCITRAL). Working Group IV... and, in so doing, may address related aspects of electronic commerce. The report of the Forty-fourth.... Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on...

  8. 78 FR 52601 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-23

    ... August 19, 2013, in FR Volume 78, page 50480, in the third paragraph of the second column, the Web site.... Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Arbitration... Advisory Committee on Private International Law (ACPIL) Public Meeting on Arbitration, to take place...

  9. 78 FR 55772 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-09-11

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on Monday, October 21 and Tuesday, October...

  10. 76 FR 9072 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-02-16

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Jurisdiction and the Recognition and Enforcement of Judgments The Department of State, Office of Legal Adviser, Office of Private International Law would...

  11. 75 FR 55846 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-09-14

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the Work of the UNCITRAL Working Group on Procurement The United Nations Commission on International Trade Law (UNCITRAL) Working Group on Procurement will next...

  12. Global partnerships: a key challenge and opportunity for implementation of international health law.

    PubMed

    Pinet, Geneviève

    2003-01-01

    Forging global partnerships between governments, international organizations, NGOs, civil society and business constitutes a key component of the UN and WHO action agenda. Several of these innovative alliances have galvanized important health campaigns and scaled up the response to global health problems. Guiding principles for partnerships design and implementation have been elaborated in particular to ensure quality, accountability and transparency. Partnerships are not intended to substitute commitments made by governments but to complement them, increasing the quality of implementation of international agreements, mobilizing the capacity for action on the ground and forging capacity building efforts to support weaker partners. Partnerships have the potential for weaving together economic law and human rights law, democracy and pluralism. Building into partnerships democratic commitments and safeguards for public interests is essential in creating a true sense of shared global responsibility.

  13. The right to health of prisoners in international human rights law.

    PubMed

    Lines, Rick

    2008-01-01

    This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels. PMID:18382849

  14. The right to health of prisoners in international human rights law.

    PubMed

    Lines, Rick

    2008-01-01

    This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

  15. Biomedicine and international human rights law: in search of a global consensus.

    PubMed

    Andorno, Roberto

    2002-01-01

    Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning.

  16. International infectious disease law: revision of the World Health Organization's International Health Regulations.

    PubMed

    Gostin, Lawrence O

    2004-06-01

    The International Health Regulations (IHR), the only global regulations for infectious disease control, have not been significantly changed since they were first issued in 1951. The World Health Organization (WHO) is currently engaged in a process to modernize the IHR. This article reviews WHO's draft revised IHR and recommends new reforms to improve global health, which include (1) a robust mission, emphasizing the WHO's core public health purposes, functions, and essential services; (2) broad scope, flexibly covering diverse health threats; (3) global surveillance, developing informational networks of official and unofficial data sources; (4) national public health systems, setting performance criteria, measuring outcomes, and holding states accountable; (5) human rights protection, setting science-based standards and fair procedures; and (6) good governance, adopting the principles of fairness, objectivity, and transparency. The WHO should ensure state compliance with health norms and generous economic and technical assistance to poorer countries. An important issue for the international community is how sovereign countries can join together to make global health work for everyone, the poor and the wealthy alike. PMID:15173154

  17. HIV, disability and discrimination: making the links in international and domestic human rights law

    PubMed Central

    2009-01-01

    Stigma and discrimination constitute one of the greatest barriers to dealing effectively with the HIV epidemic, underlying a range of human rights violations and hindering access to prevention, care, treatment and support. There is some existing protection against HIV-based discrimination under international law, but the extent of states' obligations to address such discrimination has not been comprehensively addressed in an international instrument. The United Nations Convention on the Rights of Persons with Disabilities entered into force in May 2008. As countries ratify the convention, they are required to amend national laws and policies to give greater protection to the human rights of people with disabilities, including abolishing disability-based discrimination by the state and protecting persons against such discrimination by others. The Disability Convention addresses many of the issues faced by people living with HIV (PLHIV) but does not explicitly include HIV or AIDS within its open-ended definition of "disability". Therefore, the advent of the Disability Convention prompts us to consider the links between HIV and disability and, specifically, to consider the opportunities it and other legal mechanisms, international or domestic, may afford for advancing the human rights of PLHIV facing human rights infringements. We do so in the belief that the movement for human rights is stronger when constituencies with so many common and overlapping interests are united, and that respectful and strategic collaboration ultimately strengthens both the disability rights and the AIDS movements. In this article, we first examine the links between HIV and disability. We then provide a brief overview of how international human rights law has treated both disability and HIV/AIDS. We note some of the different ways in which national anti-discrimination laws have reflected the links between HIV and disability, illustrated with representative examples from a number of

  18. HIV, disability and discrimination: making the links in international and domestic human rights law.

    PubMed

    Elliott, Richard; Utyasheva, Leah; Zack, Elisse

    2009-11-09

    Stigma and discrimination constitute one of the greatest barriers to dealing effectively with the HIV epidemic, underlying a range of human rights violations and hindering access to prevention, care, treatment and support. There is some existing protection against HIV-based discrimination under international law, but the extent of states' obligations to address such discrimination has not been comprehensively addressed in an international instrument.The United Nations Convention on the Rights of Persons with Disabilities entered into force in May 2008. As countries ratify the convention, they are required to amend national laws and policies to give greater protection to the human rights of people with disabilities, including abolishing disability-based discrimination by the state and protecting persons against such discrimination by others. The Disability Convention addresses many of the issues faced by people living with HIV (PLHIV) but does not explicitly include HIV or AIDS within its open-ended definition of "disability".Therefore, the advent of the Disability Convention prompts us to consider the links between HIV and disability and, specifically, to consider the opportunities it and other legal mechanisms, international or domestic, may afford for advancing the human rights of PLHIV facing human rights infringements. We do so in the belief that the movement for human rights is stronger when constituencies with so many common and overlapping interests are united, and that respectful and strategic collaboration ultimately strengthens both the disability rights and the AIDS movements.In this article, we first examine the links between HIV and disability. We then provide a brief overview of how international human rights law has treated both disability and HIV/AIDS. We note some of the different ways in which national anti-discrimination laws have reflected the links between HIV and disability, illustrated with representative examples from a number of countries

  19. 78 FR 19062 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-28

    ... meeting. Those who cannot attend but wish to comment are welcome to do so by email to Michael Coffee at.... Dated: March 20, 2013. Michael S. Coffee, Attorney-Adviser, Office of Private International Law,...

  20. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-05

    ... Inter-American Convention on the Law Applicable to International Contracts (known as the Mexico City... relevant to work at the OAS include the proposal at UNCITRAL for future work on on-line dispute...

  1. Employing moderate resolution sensors in human rights and international humanitarian law monitoring

    NASA Astrophysics Data System (ADS)

    Marx, Andrew J.

    Organizations concerned with human rights are increasingly using remote sensing as a tool to improve their detection of human rights and international humanitarian law violations. However, as these organizations have transitioned to human rights monitoring campaigns conducted over large regions and extended periods of time, current methods of using fine- resolution sensors and manpower-intensive analyses have become cost- prohibitive. To support the continued growth of remote sensing in human rights and international humanitarian law monitoring campaigns, this study researches how moderate resolution land observatories can provide complementary data to operational human rights monitoring efforts. This study demonstrates the capacity of moderate resolutions to provide data to monitoring efforts by developing an approach that uses Landsat Enhanced Thematic Mapper Plus (ETM+) as part of a system for the detection of village destruction in Darfur, Sudan. Village destruction is an indicator of a human rights or international humanitarian law violations in Darfur during the 2004 study period. This analysis approach capitalizes on Landsat's historical archive and systematic observations by constructing a historic spectral baseline for each village in the study area that supports automated detection of a potentially destroyed village with each new overpass of the sensor. Using Landsat's near-infrared band, the approach demonstrates high levels of accuracy when compared with a U.S. government database documenting destroyed villages. This approach is then applied to the Darfur conflict from 2002 to 2008, providing new data on when and where villages were destroyed in this widespread and long-lasting conflict. This application to the duration of a real-world conflict illustrates the abilities and shortcomings of moderate resolution sensors in human rights monitoring efforts. This study demonstrates that moderate resolution satellites have the capacity to contribute

  2. Game theory, international law, and future environmental cooperation in the Middle East

    SciTech Connect

    Hirsch, M.

    1998-12-31

    Through the use of game theory, this article explores some of the principal factors influencing the emergence and maintenance of international cooperation in order to develop legal guidelines for establishing an effective environmental mechanism in the Middle East. As this article shows, game theory concepts and models provide a valuable tool for analyzing the phenomenon of cooperation, enabling international lawyers to shape legal norms which will enhance the prospects for environmental cooperation in the Middle East. Part 2 of this article sets for the basic concepts and models of game theory and its relationship to modern international relations theory. Part 3 presents a game theoretical analysis of two major environmental settings in the Middle East: marine pollution in the Gulf of Aqaba and water contamination of the Mountain Aquifer. It then suggests some legal mechanisms to enhance the likelihood of cooperation in these settings. Part 4 concludes the article by exploring the options nd limits of combining game theory and international law as an instrument to improve the prospects of cooperation. The article ultimately states that this combination offers scholars and policy-makers important insights into better legal mechanisms for long-term international cooperation.

  3. International Law of Pollution: protecting the global environment in a world of sovereign states

    SciTech Connect

    Springer, A.L.

    1983-01-01

    The reviewer considers this book ideal as a supplemental text for law students and upper-class political science students. It discusses, as it develops its theoretical framework, a variety of examples such as the Trail Smelter arbitration and the ozone depletion controversy. These examples help develop a sense that technical solutions are rare and that the art of diplomacy is still the paragon for resolving international environmental problems. The book closes with a brief case study of the licensing procedure for the Eastport Oil Refinery, which involves a question of the passage to the United States of oil tankers through waters in which Canada has an interest. The case study appears to suggest that the political structure is too fractured to arrive at assuredly optimal solutions. Although this lesson is unfortunately appropriate, the reviewer believes that it belies the greater lesson that politics supports as well as hinders the development of new standards of international behavior.

  4. Biomedicine and international human rights law: in search of a global consensus.

    PubMed Central

    Andorno, Roberto

    2002-01-01

    Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning. PMID:12571724

  5. Gross human rights violations and reparation under international law: approaching rehabilitation as a form of reparation

    PubMed Central

    Sveaass, Nora

    2013-01-01

    The strengthening of international criminal law through an increased focus on the right to reparation and rehabilitation for victims of crimes against humanity represents an important challenge to health professionals, particularly to those in the field of trauma research and treatment. A brief outline of some developments in the field of international law and justice for victims of gross human rights violations is presented, with a focus on the right to reparation including the means for rehabilitation. The fulfillment of this right is a complex endeavor which raises many questions. The road to justice and reparation for those whose rights have been brutally violated is long and burdensome. The active presence of trauma-informed health professionals in this process is a priority. Some of the issues raised within the context of states’ obligations to provide and ensure redress and rehabilitation to those subjected to torture and gross human rights violations are discussed, and in particular how rehabilitation can be understood and responded to by health professionals. PMID:23671765

  6. Gross human rights violations and reparation under international law: approaching rehabilitation as a form of reparation.

    PubMed

    Sveaass, Nora

    2013-01-01

    The strengthening of international criminal law through an increased focus on the right to reparation and rehabilitation for victims of crimes against humanity represents an important challenge to health professionals, particularly to those in the field of trauma research and treatment. A brief outline of some developments in the field of international law and justice for victims of gross human rights violations is presented, with a focus on the right to reparation including the means for rehabilitation. The fulfillment of this right is a complex endeavor which raises many questions. The road to justice and reparation for those whose rights have been brutally violated is long and burdensome. The active presence of trauma-informed health professionals in this process is a priority. Some of the issues raised within the context of states' obligations to provide and ensure redress and rehabilitation to those subjected to torture and gross human rights violations are discussed, and in particular how rehabilitation can be understood and responded to by health professionals.

  7. The role of international institutions in the formation of international bioethical law: UNESCO and the United Nations General Assembly attempt to govern human cloning.

    PubMed

    Kuppuswamy, Chamundeeswari

    2007-01-01

    This article analyses the international governance of human reproductive cloning. Noting that bioethics is a new field of engagement for international lawyers, it recounts some of the institutional developments in bioethical law making. The role of UNESCO and the United Nations General Assembly is scrutinized and the author discusses the relative merits of the institutions' governance of human reproductive cloning. The author suggests that some international institutions and mechanisms are better suited than others for bioethical law making. The 2005 General Assembly resolution on human cloning is analysed in this context.

  8. Internal transport properties of macroporous sugar polyacrylate hydrogels: microsphere diffusion described by phenomenological laws.

    PubMed

    Martin, Brett D; Soto, Carissa M; Taitt, Chris; Charles, Paul T

    2008-04-01

    We have determined the internal transport properties of heterogeneous, macroporous hydrogels based on the regioregular sugar polyacrylate poly(6-acryloyl-beta-O-methyl-galactopyranoside). This was accomplished by measuring the diffusive flux of variously sized polystyrene microspheres and combining these results with solutions of phenomenological transport laws (the Navier-Stokes equations and Fick's Law with an assumption of first-order irreversible sphere capture by the gel polymer). This enabled calculation of gel properties such as average pore diameters (ca. 11.76 microm) and the diffusivities of the polystyrene spheres in the gel. These values range from 76% to 83% of that in free solution and correlate closely with the equilibrium solution content of the gel (82.3%). This approach has also enabled calculation of the sphere capture rates (2.4 x 10(-3) to 9.6 x 10(-5) s(-1)). These low capture rates indicate that the gel is extremely non-adhesive towards the spheres, and a linear correlation with sphere form drag area (r(2) = 1) was found. The pore sizes of the hydrated gel were observed via DIC light microscopy and the visible effective diameters corresponded very closely to the calculated values (11.66 vs. 11.76 microm). The diffusion/capture of inert spheres in the hydrogel can thus be described in a non-destructive manner by straightforward application of phenomenological transport laws. This result is significant in that these laws were intended to describe macroscopic ensembles of very large numbers of particles in continuous media, not small numbers (i.e., hundreds) in discontinuous media.

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

    ERIC Educational Resources Information Center

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

    2008-01-01

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

  10. 75 FR 47877 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-09

    ... UNCITRAL Working Group on International Arbitration and Conciliation In June, the United Nations Commission on International Trade Law (UNCITRAL) approved revisions to the 1976 UNCITRAL Arbitration Rules. The 2010 UNCITRAL Arbitration Rules will take effect on August 15, 2010. In its next phase of work,...

  11. 78 FR 50480 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-19

    .... Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Arbitration... arbitration that will be considered by the Secretariat of the United Nations Commission on International Trade..., UNCITRAL adopted a set of Rules on Transparency in Treaty-based Investor-State Arbitration at its...

  12. The Bosnian War Crimes Trial Simulation: Teaching Students about the Fuzziness of World Politics and International Law.

    ERIC Educational Resources Information Center

    Jefferson, Kurt W.

    1999-01-01

    Explains using the Bosnian war crimes simulation to introduce international law and its political and legal ramifications in the course "Introduction to International Politics." Discusses the characteristics of the simulation, its effectiveness, and the response by students. Offers an evaluation of the exercise. (CMK)

  13. The US business cycle: power law scaling for interacting units with complex internal structure

    NASA Astrophysics Data System (ADS)

    Ormerod, Paul

    2002-11-01

    In the social sciences, there is increasing evidence of the existence of power law distributions. The distribution of recessions in capitalist economies has recently been shown to follow such a distribution. The preferred explanation for this is self-organised criticality. Gene Stanley and colleagues propose an alternative, namely that power law scaling can arise from the interplay between random multiplicative growth and the complex structure of the units composing the system. This paper offers a parsimonious model of the US business cycle based on similar principles. The business cycle, along with long-term growth, is one of the two features which distinguishes capitalism from all previously existing societies. Yet, economics lacks a satisfactory theory of the cycle. The source of cycles is posited in economic theory to be a series of random shocks which are external to the system. In this model, the cycle is an internal feature of the system, arising from the level of industrial concentration of the agents and the interactions between them. The model-in contrast to existing economic theories of the cycle-accounts for the key features of output growth in the US business cycle in the 20th century.

  14. Human rights begin at birth: international law and the claim of fetal rights.

    PubMed

    Copelon, Rhonda; Zampas, Christina; Brusie, Elizabeth; Devore, Jacqueline

    2005-11-01

    In the Universal Declaration of Human Rights, the foundation of human rights, the text and negotiating history of the "right to life" explicitly premises human rights on birth. Likewise, other international and regional human rights treaties, as drafted and/or subsequently interpreted, clearly reject claims that human rights should attach from conception or any time before birth. They also recognise that women's right to life and other human rights are at stake where restrictive abortion laws are in place. This paper reviews the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination Against Women, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Inter-American Human Rights Agreements and African Charter on Human and People's Rights in this regard. No one has the right to subordinate another in the way that unwanted pregnancy subordinates a woman by requiring her to risk her own health and life to save her own child. Thus, the long-standing insistence of women upon voluntary motherhood is a demand for minimal control over one's destiny as a human being. From a human rights perspective, to depart from voluntary motherhood would impose upon women an extreme form of discrimination and forced labour.

  15. A paradigm of international environmental law: the case for controlling the transboundary movements of hazardous wastes.

    PubMed

    Asante-Duah, K; Nagy, I V

    2001-06-01

    The production of large quantities of wastes globally has created a commercial activity involving the transfrontier shipments of hazardous wastes, intended to be managed at economically attractive waste-handling facilities located elsewhere. In fact, huge quantities of hazardous wastes apparently travel the world in search of "acceptable" waste management facilities. For instance, within the industrialized countries alone, millions of tonnes of potentially hazardous waste cross national frontiers each year on their way for recycling or to treatment, storage, and disposal facilities (TSDFs) because there is no local disposal capacity for these wastes, or because legal disposal or reuse in a foreign country may be more environmentally sound, or managing the wastes in the foreign country may be less expensive than at home. The cross-boundary traffic in hazardous wastes has lately been under close public scrutiny, however, resulting in the accession of several international agreements and laws to regulate such activities. This paper discusses and analyzes the most significant control measures and major agreements in this new commercial activity involving hazardous wastes. In particular, the discussion recognizes the difficulties with trying to implement the relevant international agreements among countries of vastly different socioeconomic backgrounds. Nonetheless, it is also noted that global environmental agreements will generally be a necessary component of ensuring adequate environmental protection for the world community-and thus a need for the careful implementation of such agreements and regulations.

  16. Bio-terrorism, human security and public health: can international law bring them together in an age of globalization?

    PubMed

    Aginam, Obijiofor

    2005-09-01

    Bio-terrorism, the use of a microorganism with the deliberate intent of causing infection, before and since the anthrax attacks in the United States in October 2001, has emerged as a real medical and public health threat. The link between bio-terrorism, human security and public health raises complex questions on the normative trajectories of international law, the mandates of international organizations, and global health governance. In May 2001, the World Health Assembly of the World Health Organization (WHO) passed a resolution entitled "Global Health Security: Epidemic Alert and Response" which inter alia, urged WHO member states to participate actively in the verification and validation of surveillance data and information concerning health emergencies of international concern. This article explores the links between bio-terrorism, human security and public health, and investigates the effectiveness of international legal mechanisms that link them in an age of globalization of public health. The article explores the interaction of WHO's 'soft-law' approaches to global health security, and the 'moribund' negotiations of the verification and monitoring protocol to the Biological Weapons Convention 1972. Can international law link bio-terrorism, public health and human security? Does the WHO collaborate with other international organizations within and outside the United Nations system to develop effective legal and governance approaches to bio-terrorism and global health security? The article concludes that the globalization of public health threats like bio-terrorism requires globalized legal approaches. PMID:16229381

  17. 78 FR 64259 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-10-28

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... generic ODR procedural rules for resolution of cross-border electronic commerce disputes. For the reports.../working_groups/3Online_Dispute_Resolution.html . Documents relating to the upcoming session of the...

  18. 77 FR 1972 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-01-12

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... State, hereby gives notice that the ACPIL Online Dispute Resolution (ODR) Study Group will hold a public... has been considering, inter alia, ODR procedural rules for resolution of cross-border...

  19. 77 FR 58607 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-09-21

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... disputes. The Working Group is in the process of developing generic ODR procedural rules for resolution of... of annexes on guidelines and minimum requirements for online dispute resolution providers...

  20. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-04-18

    .... Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute Resolution (ODR... State hereby gives notice that the ACPIL Online Dispute Resolution (ODR) Study Group will hold a public... Working Group is in the process of developing generic ODR procedural rules for resolution of...

  1. 77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-29

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... hereby gives notice that the ACPIL Online Dispute Resolution (ODR) Study Group will hold a public meeting... Working Group is in the process of developing generic ODR procedural rules for resolution of...

  2. 78 FR 24783 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-26

    .... Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR... generic ODR procedural rules for resolution of cross-border electronic commerce disputes, along with... online dispute resolution providers and arbitrators, substantive legal principles for resolving...

  3. 77 FR 50758 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-22

    ... UNIDROIT's draft Principles Regarding the Enforceability of Close-out Netting. Close-out netting is a... organized by UNIDROIT (the International Institute for the Unification of Private Law) produced a draft set... draft principles and background documents are available on the UNIDROIT Web site (...

  4. [Application of the Gompertz mortality law to the prognosis of lifespan shortening due to chronic internal irradiation].

    PubMed

    Panteleev, L I; Shvedov, V L

    1984-01-01

    In experiments on albino rats received strontium 90 in daily doses of 1.85 to 185 kBq/day the regularities of death were studied. It was shown that death of animals exposed to chronic internal radiation followed the Gomperz B. mortality law.

  5. Implications of international law for the treatment of cancer: the Single Convention on Narcotic Drugs and the TRIPS Agreement.

    PubMed

    Liberman, J

    2011-12-01

    The development, manufacture, trade and distribution of medicines all take place within a web of international legal obligations that states have accepted under a range of multilateral, plurilateral and bilateral agreements. International law can operate either to facilitate or hinder access, depending on how it is developed and implemented. This article examines two areas of international law that are relevant to cancer treatment: the international drug control system, which regulates opioid analgesics; and the World Trade Organization's Trade-Related Aspects of Intellectual Property Agreement. This article outlines recent developments in relation to both, including in the activities of the Vienna-based agencies that collectively oversee the implementation of the Single Convention on Narcotic Drugs, and in the negotiation of the recent United Nations General Assembly Political Declaration on Non-communicable Diseases. While underlining the importance of law, this article notes that battles over law should not distract from the importance of other essential efforts to enhance access to medicines within the context of the strengthening of health systems.

  6. 75 FR 58465 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-09-24

    ... developments in a number of areas, e.g., federalism issues in implementing private international law conventions (including the Hague Convention on Choice of Court Agreements, the UNCITRAL E-Commerce and Letter... http://www.nccusl.org . We may, by e-mail, supplement those with additional documents. Please advise...

  7. An Exploration of Virginia Law on Recognition, University Officials, and Perceptions of the International Baccalaureate Diploma Programme

    ERIC Educational Resources Information Center

    Daly, Kimberley

    2012-01-01

    This study investigated how university officials at five public universities in the Commonwealth of Virginia responded in the aftermath of a law concerning credit policies for International Baccalaureate (IB) and Advanced Placement (AP) examinations. Mandated by the Code of Virginia § 23-9.2:3.8, this policy is unique in the area of AP and IB…

  8. 76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-02-03

    ... Conference on Private International Law on the 1980 Hague Child Abduction Convention and the 1996 Hague Child... Abduction Convention. In that regard, the Permanent Bureau of the Hague Conference has circulated to member... questionnaire asks whether member States believe that the a protocol to the Abduction Convention should...

  9. [Penrose's law: reality or fiction? Mental health system and the size of prison population - international overview].

    PubMed

    Kalapos, Miklós Péter

    2009-07-12

    According to the Penrose's law, outlined on the basis of a comparative study of European statistics, there is an inverse relationship between the number of psychiatric beds and prison population. Based on international data, interrelationship among prison, asylum, psychiatric disease and criminal action are investigated in the present study, paying particular attention to the event of deinstitutionalization. Prevalence of mental and addictive diseases as well as psychological disturbances in prison is characterized by epidemiological data. As proposed by Penrose, an inverse relationship between the number of psychiatric beds and prison population can be observed in Hungary, too. To get a deeper insight into the mainstream of the events, economic, sociological, philosophical, as well as therapeutic aspects initializing deinstitutionalization are highlighted in the course of analysis. On the basis of data, it can be assumed that members the same population are confined to both systems. The author arrives at the conclusion that deinstitutionalization has in fact led to trans-institutionalization, because of, on one hand, the limited capacity of community treatment facilities; on the other hand, the community treatment itself cannot provide adequate treatment options to those suffering from severe, chronic mental diseases or comorbid states. In addition, the rate of financial support and the methods for prevention and treatment are insufficient to protect patients from the effects of revolving door.

  10. Fitness to stand trial under international criminal law: the historical context.

    PubMed

    Freckelton, Ian; Karagiannakis, Magda

    2014-06-01

    Decision-making about fitness to stand trial and the consequences of a finding of unfitness are fundamental to the integrity of any criminal justice system. They create thresholds for when mentally and physically unwell people are mandated to participate in criminal proceedings and they address the outcomes of such decisions for unwell accused persons. The jurisprudence relating to fitness to stand trial under international criminal law has particular challenges and complexities. The origins of contemporary controversies and the bases for modern decisions lie in rulings by the Nuremberg and Tokyo tribunals in the immediate aftermath of the Second World War. The decisions relating to Gustav Krupp, Rudolf Hess, Julius Streicher and Shumei Okawa wrestled with issues that have since recurred in respect of how trial systems should respond to unwellness going to the heart of whether persons can participate meaningfully in their own trials but dealing too with the temptation for persons accused of matters as serious as crimes against humanity and genocide to malinger, exaggerate symptomatology and to generate delays for strategic objectives.

  11. Human rights and bioethics: competitors orallies? The role of international law in shaping the contours of a new discipline.

    PubMed

    Sándor, Judit

    2008-03-01

    Bioethical norms that had constituted only a rather short chapter in the medical curricula are now integrated into universal human rights. This paper seeks to demonstrate the normative convergence between the fields of bioethics and human rights by discussing the recently adopted relevant international documents and some applicable cases from international law. Human rights case law relevant in this emerging legal domain is analyzed with the aim to tackle changes that have occurred in the fields of human rights and bioethics due to the convergence and interdependence between them. Bioethics and human rights are two different systems of norms but bioethics can enrich human rights by extending the traditional catalogue of rights in certain new fields. The theory of human rights nevertheless dictates some discipline in formulating new and new rights. Therefore it offers to bioethics, as an exchange, a more sufficient enforcement mechanism and international recognition.

  12. Fluid flow and heat transfer of a power-law fluid in an internally finned tube with different fin lengths

    NASA Astrophysics Data System (ADS)

    Grabski, Jakub Krzysztof; Kołodziej, Jan Adam

    2016-06-01

    In the paper an analysis of fluid flow and heat transfer of a power-law fluid in an internally finned tube with different fin length is conducted. Nonlinear momentum equation of a power-law fluid flow and nonlinear energy equation are solved using the Picard iteration method. Then on each iteration step the solution of inhomogeneous equation consists of two parts: the general solution and the particular solution. Firstly the particular solution is obtained by interpolation of the inhomogeneous term by means of the radial basis functions and monomials. Then the general solution is obtained using the method of fundamental solutions and by fulfilling boundary conditions.

  13. Developing Educationists as Globally Competent Education Law Researchers for International Interdisciplinary Research: A South African Perspective

    ERIC Educational Resources Information Center

    Beckmann, Johan; Prinsloo, Justus

    2015-01-01

    This article discusses the role of the hybrid field of law education and its status in South Africa. The authors suggest that, in their consideration of education law, it should be understood as the particular collection of legal rules that regulate all activities and relationships in education. These legal rules as applied in education are…

  14. Termination of pregnancy under French law: from criminalization to a right in accordance with international developments on women's rights.

    PubMed

    Madanamoothoo, Allane

    2011-12-01

    Termination of pregnancy is the premature exit of the products of conception, which include the placenta, bag of waters, embryo or fetus from the uterus. In general, the term "termination of pregnancy" refers to non-medical termination of pregnancy, which is requested for different reasons other than medical ones. When such a request is made in countries where it is lawful, women have access to induced termination of pregnancy under lawful and limited conditions. However, in countries where the practice is illegal, women tend to suffer and die of complications from unsafe termination of pregnancy. Nowadays, there seems to be a worldwide trend towards the legalization of termination of pregnancy. The impact of international developments on women's rights has played an increasing role in improving access to termination of pregnancy. This article aims at describing how legalization of termination of pregnancy in France has become a right which is in accordance with international developments on women's rights. PMID:22397179

  15. Commercial surrogacy: how provisions of monetary remuneration and powers of international law can prevent exploitation of gestational surrogates.

    PubMed

    Ramskold, Louise Anna Helena; Posner, Marcus Paul

    2013-06-01

    Increasing globalisation and advances in artificial reproductive techniques have opened up a whole new range of possibilities for infertile couples across the globe. Inter-country gestational surrogacy with monetary remuneration is one of the products of medical tourism meeting in vitro fertilisation embryo transfer. Filled with potential, it has also been a hot topic of discussion in legal and bioethics spheres. Fears of exploitation and breach of autonomy have sprung from the current situation, where there is no international regulation of surrogacy agreements--only a web of conflicting national laws that generates loopholes and removes safeguards for both the surrogate and commissioning couple. This article argues the need for evidence-based international laws and regulations as the only way to resolve both the ethical and legal issues around commercial surrogacy. In addition, a Hague Convention on inter-country surrogacy agreements is proposed to resolve the muddled state of affairs and enable commercial surrogacy to demonstrate its full potential.

  16. Termination of pregnancy under French law: from criminalization to a right in accordance with international developments on women's rights.

    PubMed

    Madanamoothoo, Allane

    2011-12-01

    Termination of pregnancy is the premature exit of the products of conception, which include the placenta, bag of waters, embryo or fetus from the uterus. In general, the term "termination of pregnancy" refers to non-medical termination of pregnancy, which is requested for different reasons other than medical ones. When such a request is made in countries where it is lawful, women have access to induced termination of pregnancy under lawful and limited conditions. However, in countries where the practice is illegal, women tend to suffer and die of complications from unsafe termination of pregnancy. Nowadays, there seems to be a worldwide trend towards the legalization of termination of pregnancy. The impact of international developments on women's rights has played an increasing role in improving access to termination of pregnancy. This article aims at describing how legalization of termination of pregnancy in France has become a right which is in accordance with international developments on women's rights.

  17. The emergence of international terrorism and technological changes: have these changes made the Law of Armed Conflict obsolete?

    PubMed

    Kaar, Jason F

    2007-12-01

    The Geneva Conventions of 1949, the primary basis of the present Law of Armed Conflict, are primarily a reaction to past wars, including World War II. Since 1949, armed conflict had evolved from large armies controlled by nations to fighting by nations, groups, and organization, and are fought both nationally and internationally. This article explores some of the difficulties as a result of these changes. PMID:18214131

  18. The emergence of international terrorism and technological changes: have these changes made the Law of Armed Conflict obsolete?

    PubMed

    Kaar, Jason F

    2007-12-01

    The Geneva Conventions of 1949, the primary basis of the present Law of Armed Conflict, are primarily a reaction to past wars, including World War II. Since 1949, armed conflict had evolved from large armies controlled by nations to fighting by nations, groups, and organization, and are fought both nationally and internationally. This article explores some of the difficulties as a result of these changes.

  19. Claiming comprehensive sex education is a right does not make it so: a close reading of international law.

    PubMed

    Curvino, Melissa; Fischer, Meghan Grizzle

    2014-01-01

    The international community is currently debating whether international law requires States to educate adolescents about their sexuality. Various nongovernmental organizations, United Nations Special Rapporteurs, and treaty-monitoring bodies assert a right to comprehensive sex education, a controversial approach to sex education that arguably encourages adolescents to experiment with their sexuality. This assertion of a right to comprehensive sex education is erroneous and misleading. International human rights are created in two ways: by treaty and by custom. Treaties do not mention comprehensive sex education, or any other form of sex education or training. Custom, found in international consensus documents and other declarations of political will, and confirmed by State practice, holds no universal agreement on sex education. Because neither treaty nor custom creates a right to comprehensive sex education, no such right exists.

  20. Foreign Medical Graduates. Hearing Before the Subcommittee on Immigration, Citizenship, and International Law of the Committee on the Judiciary, House of Representatives on Public Law 94-484, Oversight on Immigration of Foreign Medical Graduates.

    ERIC Educational Resources Information Center

    Congress of the U.S., Washington, DC. House Committee on the Judiciary.

    Hearings before the House Subcommittee on Immigration, Citizenship, and International Law are presented regarding the immigration of foreign medical graduates and the new restrictions placed on their entry into this country under the provision of Title IV of the Health Professions Educational Assistance Act of 1976 (Public Law 94-484). Testimony…

  1. The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

    PubMed

    Birmontiene, Toma

    2010-03-01

    The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

  2. "The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

    PubMed

    Perlin, Michael L

    2014-01-01

    In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work.

  3. "The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

    PubMed

    Perlin, Michael L

    2014-01-01

    In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work. PMID:24780300

  4. Determination of Henry’s Law Constants Using Internal Standards with Benchmark Values

    EPA Science Inventory

    It is shown that Henry’s law constants can be experimentally determined by comparing headspace content of compounds with known constants to interpolate the constants of other compounds. Studies were conducted over a range of water temperatures to identify temperature dependence....

  5. The business of human embryonic stem cell research and an international analysis of relevant laws.

    PubMed

    De Trizio, Ella; Brennan, Christopher S

    2004-01-01

    Few sciences have held out such therapeutic promise and correspondingly stirred so much controversy in countries throughout the world as the developing science surrounding human embryonic stem cells. Since the first reported development of several lines of human embryonic stem cells in 1988, many governments around the world have attempted to address the thorny ethical issues raised by human embryonic stem cell research by the passage of laws. In some cases these laws have directly regulated governmental funding of the science; in other cases they have created a legal environment that has either encouraged or discouraged both governmental and private funding of the science. This article first differentiates human embryonic stem cells from other types of stem cells and frames the ethical controversy surrounding human embryonic stem cell research, then surveys laws governing human embryonic stem cell research in various scientifically advanced countries located throughout the Pacific Rim, Europe and North America and explains the impact these laws have had on governmental and private funding of human embryonic stem cell research.

  6. Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements.

    PubMed

    Castro, Arachu; Westerhaus, Michael

    2007-01-01

    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.

  7. Peer Mentoring for International Students in a UK Law School: Lessons from a Pilot Case Study

    ERIC Educational Resources Information Center

    Ragavan, Shamini K.

    2014-01-01

    This qualitative study discusses the impact of a support network for international students of culturally diverse backgrounds using a peer mentoring scheme. The scheme focused on facilitating cultural integration in the international student community in Newcastle and sought to engender a cooperative community among new students. Data obtained…

  8. The Council of Europe Convention on Human Rights and Biomedicine: a new look at international biomedical law and ethics.

    PubMed

    Salako, Solomon E

    2008-06-01

    The Council of Europe Convention on Human Rights and Biomedicine is European in conception but has a wider territorial application since non-Member States which have participated in its elaboration may sign it. This article evaluates the Convention as the first legally binding international biomedical law and ethics document to uphold human dignity as a fundamental concept and to provide a legal framework for societies with different sociocultural and philosophical backgrounds. It is argued that such a legal framework must be underpinned by a monist-naturalist conception of justice privileging human dignity as one of its guiding principles.

  9. State of the nation: therapeutic jurisprudence and the evolution of the right of self-determination in international law.

    PubMed

    Cooper, J M

    1999-01-01

    This article expands the scope of the therapeutic jurisprudence enterprise and applies the concept at a collective global level. The right of self-determination, arguably the most important and certainly the most controversial part of international law, is examined through the lens of therapeutic jurisprudence. By detailing the manner in which nations move towards their goal of statehood, this article opens up dialogue about collective healing, shared memory and alternative approaches to autonomy. The article poses the question of whether groups of people can share in common delusions, forms of folie a gens.

  10. An exploration of conceptual and temporal fallacies in international health law and promotion of global public health preparedness.

    PubMed

    Bhattacharya, Dhrubajyoti

    2007-01-01

    In February 2007, Indonesia withheld sharing H5N1 viral samples in order to compel the World Health Organization and Member States to guarantee future access to vaccines for States disproportionately burdened by infectious diseases. This article explores conceptual and temporal fallacies in the International Health Regulations (2005) and the Doha Declaration on the TRIPS Agreement and Public Health, as relates to global public health preparedness. Recommendations include adopting laws to facilitate non-pharmaceutical interventions; securing the rights of affected populations; and fostering inter-State collaborations to promote intra-State public health capacity building.

  11. [Health at work: harmonization of terminology, laws and practice with international standards].

    PubMed

    2012-01-01

    The terminology, laws and practice of workers' health protection in Russian Federation are considered in the light of harmonization with documents of WHO, ILO, EU as well as good foreign practice. The proposals are put forward as to functions, structure and staff of workers' health protection units taking into account the new problems and risk factors. Instead of notion "labour protection" the term "health and safety at work" is proposed. PMID:23088017

  12. Almost a revolution: an international perspective on the law of involuntary commitment.

    PubMed

    Appelbaum, P S

    1997-01-01

    To what extent have developments in commitment law around the world paralleled trends in the United States in the last three decades? Although the American emphasis on dangerousness criteria and strigent procedural rights has been echoed in a number of other countries, it has not dominated reform in most nations. The leading alternative has been the 1983 Mental Health Act in England and Wales, with its focus on the "health and safety" of the patient, as well as protection of other persons, and its avoidance of judicial hearings. How have these reforms fared? Extensive data from the United States, and more limited data from other countries, suggest that reforms in general are resisted when they are seen as shifting the focus away from patients' treatment needs. When law fails to reflect widely held moral sentiments, it is molded in practice to conform more closely to those sentiments. It is helpful to recognize that a variety of approaches to mental health law are consistent with reasonable protection of civil liberties in a democratic society. Greater attention to practices in other countries may help reformers expand the menu of options in policy debates.

  13. A decade of international change in abortion law: 1967-1977.

    PubMed Central

    Cook, R J; Dickens, B M

    1978-01-01

    Modern thinking on abortion, reflected in recent legal developments around the world, has turned from concentration upon criminality in favor of female and family well-being. New laws enacted during the last decade are coming to focus upon conditions of health and social welfare of women and their existing families as indications for lawful termination of pregnancy. Regulations governing the delivery of services may be restrictive, however, so as to limit in practice access to means of safe, legal abortion made available in theory. Requirements may be imposed that only medical personnel with unduly high qualifications perform procedures, or that they be undertaken only in institutions meeting standards higher than similar health care requires. Approval procedures may be established involving second medical opinions or committees to monitor observance of the law, which may delay abortions and therefore increase their hazards. Parental and spousal consent requirements may exist in addition with the same effects, or to veto a pregnant female's request. Regulations may be employed more positively, however, to encourage contraceptive practice. A disappointment with legislative reform is that it may fail to improve circumstances if public resources are not applied to achieve the supply of services newly rendered legitimate, and illegal practice may persist. PMID:665881

  14. International Law Has a Role to Play in Addressing Antibiotic Resistance.

    PubMed

    Hoffman, Steven J; Røttingen, John-Arne; Frenk, Julio

    2015-01-01

    If an international legal agreement is needed for any of today's global health challenges, it would be antibiotic resistance (ABR). This challenge is transnational, its solution justifies coercion, tangible benefits are likely to be achieved, and other commitment mechanisms have thus far not been successful. Since addressing ABR depends on near-universal and interdependent collective action across sectors, states should utilize an international legal agreement - which formally represents the strongest commitment mechanism available to them.

  15. Commercial surrogacy: how provisions of monetary remuneration and powers of international law can prevent exploitation of gestational surrogates.

    PubMed

    Ramskold, Louise Anna Helena; Posner, Marcus Paul

    2013-06-01

    Increasing globalisation and advances in artificial reproductive techniques have opened up a whole new range of possibilities for infertile couples across the globe. Inter-country gestational surrogacy with monetary remuneration is one of the products of medical tourism meeting in vitro fertilisation embryo transfer. Filled with potential, it has also been a hot topic of discussion in legal and bioethics spheres. Fears of exploitation and breach of autonomy have sprung from the current situation, where there is no international regulation of surrogacy agreements--only a web of conflicting national laws that generates loopholes and removes safeguards for both the surrogate and commissioning couple. This article argues the need for evidence-based international laws and regulations as the only way to resolve both the ethical and legal issues around commercial surrogacy. In addition, a Hague Convention on inter-country surrogacy agreements is proposed to resolve the muddled state of affairs and enable commercial surrogacy to demonstrate its full potential. PMID:23443211

  16. 76 FR 2852 - Rewards and Awards for Information Relating to Violations of Internal Revenue Laws

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-01-18

    ... employees of the IRS who review claims under section 7623. DATES: Written or electronic comments and... the detection and bringing to trial and punishment persons guilty of violating the internal revenue... for refund that otherwise would have been paid. 63 FR 44777. Section 301.7623-1(a) was...

  17. The Role and Purposes of Public Schools and Religious Fundamentalism: An International Human Rights Law Perspective

    ERIC Educational Resources Information Center

    Hodgson, Douglas Charles

    2012-01-01

    The question of what are today the legitimate and proper role and purposes of public schools can only be answered by a close examination and analysis of the human right to education which has been developed by such international organizations as the United Nations and the United Nations Educational, Scientific and Cultural Organization, and by…

  18. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  19. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  20. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  1. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  2. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... governments or international organizations is subject to disclosure, unless exempted by AR 25-55, AR 340-21... express pledge of confidentiality as described in AR 25-55 and AR 340-21 (or under an implied pledge of... outlined in AR 340-21 and AR 25-55. (2) Information received under an express promise of...

  3. Teaching Global Law.

    ERIC Educational Resources Information Center

    Wojtan, Linda S.

    1980-01-01

    Addresses problem of American students' limited knowledge of international issues and laws. Provides articles for secondary school students on law around the world, South Africa, Russia, folk law, and alternatives to the adversary system and suggests relevant resources. (KC)

  4. Space Law

    NASA Astrophysics Data System (ADS)

    Hermida, Julian

    2006-01-01

    This chapter examines the salient characteristics of Space Law. It analyzes the origins and evolution of Space Law, its main international principles, and some current topics of interest to the scientific community: the delimitation of airspace and outer space, intellectual property, and criminal responsibility.

  5. In Search of Global Health Justice: A Need to Reinvigorate Institutions and Make International Law.

    PubMed

    Harmon, Shawn H E

    2015-12-01

    The recent outbreak of Ebola in West Africa has killed thousands of people, including healthcare workers. African responses have been varied and largely ineffective. The WHO and the international community's belated responses have yet to quell the epidemic. The crisis is characteristic of a failure to properly comply with the International Health Regulations 2005. More generally, it stems from a failure of international health justice as articulated by a range of legal institutions and instruments, and it should prompt us to question the state and direction of approaches to the governance of global public health. This paper queries what might be done to lift global public health as a policy arena to the place of prominence that it deserves. It argues that there are at least two critical reasons for the past, present and easily anticipated future failings of the global public health regime. After exploring those, it then articulates a new way forward, identifying three courses of action that might be adopted in realising better health outcomes and global health justice, namely value, institutional and legal reform.

  6. The Daniell cell, Ohm's law, and the emergence of the International System of Units

    NASA Astrophysics Data System (ADS)

    Jayson, Joel S.

    2014-01-01

    Telegraphy originated in the 1830s and 40 s and flourished in the following decades but with a patchwork of electrical standards. Electromotive force was for the most part measured in units of the predominant Daniell cell, but each telegraphy company had their own resistance standard. In 1862, the British Association for the Advancement of Science formed a committee to address this situation. By 1873, they had given definition to the electromagnetic system of units (emu) and defined the practical units of the ohm as 109 emu units of resistance and the volt as 108 emu units of electromotive force. These recommendations were ratified and expanded upon in a series of international congresses held between 1881 and 1904. A proposal by Giovanni Giorgi in 1901 took advantage of a coincidence between the conversion of the units of energy in the emu system (the erg) and in the practical system (the Joule). As it was, the same conversion factor existed between the cgs based emu system and a theretofore undefined MKS system. By introducing another unit X (where X could be any of the practical electrical units), Giorgi demonstrated that a self-consistent MKSX system was tenable without the need for multiplying factors. Ultimately, the ampere was selected as the fourth unit. It took nearly 60 years, but in 1960, Giorgi's proposal was incorporated as the core of the newly inaugurated International System of Units (SI). This article surveys the physics, physicists, and events that contributed to those developments.

  7. Compliance with international standards on patients' rights and implementation of the Law on the Protection of Patients' Rights in the Republic of Macedonia.

    PubMed

    Gerovski, Filip

    2011-06-01

    In 2008, Macedonia adopted the Law on the Protection of Patients' Rights. This was a big step forward in the field of health care and regulation of patients' rights and responsibilities, as well as the rights and responsibilities of the health care providers. The Law introduces some new patients' rights (for example, right to second expert opinion) and new mechanisms for protection of patients' rights (Councilors for protection of patients' rights, Commissions for promotion of patients' rights). As this paper shows, the implementation of this Law is lagging behind. This paper argues that, besides a good law and political will, a continuous promotion of patients' rights and lifelong training of health care professionals is key to achieving promotion and protection of patients' rights in practice. The paper presents the findings from the comparison of the provisions of the Law on the Protection of Patients' Rights and the relevant international documents.

  8. Conscientious objection to sexual and reproductive health services: international human rights standards and European law and practice.

    PubMed

    Zampas, Christina; Andión-Ibañez, Ximena

    2012-06-01

    The practice of conscientious objection often arises in the area of individuals refusing to fulfil compulsory military service requirements and is based on the right to freedom of thought, conscience and religion as protected by national, international and regional human rights law. The practice of conscientious objection also arises in the field of health care, when individual health care providers or institutions refuse to provide certain health services based on religious, moral or philosophical objections. The use of conscientious objection by health care providers to reproductive health care services, including abortion, contraceptive prescriptions, and prenatal tests, among other services is a growing phenomena throughout Europe. However, despite recent progress from the European Court of Human Rights on this issue (RR v. Poland, 2011), countries and international and regional bodies generally have failed to comprehensively and effectively regulate this practice, denying many women reproductive health care services they are legally entitled to receive. The Italian Ministry of Health reported that in 2008 nearly 70% of gynaecologists in Italy refuse to perform abortions on moral grounds. It found that between 2003 and 2007 the number of gynaecologists invoking conscientious objection in their refusal to perform an abortion rose from 58.7 percent to 69.2 percent. Italy is not alone in Europe, for example, the practice is prevalent in Poland, Slovakia, and is growing in the United Kingdom. This article outlines the international and regional human rights obligations and medical standards on this issue, and highlights some of the main gaps in these standards. It illustrates how European countries regulate or fail to regulate conscientious objection and how these regulations are working in practice, including examples of jurisprudence from national level courts and cases before the European Court of Human Rights. Finally, the article will provide recommendations

  9. HIV / AIDS: not just a matter of statistics. The International Conference on AIDS - Law and Humanity culminates into "New Delhi Declaration and Action Plan on AIDS".

    PubMed

    1996-01-01

    The Indian Ministry of Health and Family Welfare and the Indian Law Institute with the cooperation of UNDP, the World Health Organization (WHO), and other national and international groups organized the International Conference on AIDS--Law and Humanity, held during December 6-10, 1995, in New Delhi, India. The leading speakers focused on the need for a united approach to the HIV/AIDS-related legal issues, which would protect society against the spread of HIV infection and respect the dignity and fundamental human rights of HIV infected persons or those suspected of being HIV infected and their families and friends. All conference participants adopted the New Delhi Declaration and Action Plan on AIDS. The Plan has six principles designed to guide policy makers in developing laws and strategies to help fight against HIV/AIDS. The first principle is that sound and scientific data (not presupposition, prejudice, and stereotypes) should form the basis for all laws and policies on HIV/AIDS. It lays out eight objectives that vary from protection of rights and empowerment of individuals, so that by their cooperation the spread of HIV infection is contained, to allocation of adequate resources for prevention, care, and anti-discrimination efforts. The participants recognized actions that have been or need to be implemented to control HIV/AIDS at the international, national/legislative, executive, and judicial levels. For example, an international action at the international level is expansion of strategies by the High Commissioner for Human Rights for promoting the co-existence of human rights of persons with HIV/AIDS and for containment of the epidemic. The participants resolved to establish both national and international committees to address the national and international implications of HIV/AIDS from the point of view of law and humanity. The international committee should work with UNAIDS, the High Commissioner for Human Rights, WHO, and UNDP.

  10. Marine legislation--the ultimate 'horrendogram': international law, European directives & national implementation.

    PubMed

    Boyes, Suzanne J; Elliott, Michael

    2014-09-15

    The EU is a pre-eminent player in sustainable development, adopting more than 200 pieces of legislation that have direct repercussions for marine environmental policy and management. Over five decades, measures have aimed to protect the marine environment by tackling the impact of human activities, but maritime affairs have been dealt with by separate sectoral policies without fully integrating all relevant sectors. Such compartmentalisation has resulted in a patchwork of EU legislation and resultant national legislation leading to a piecemeal approach to marine protection. These are superimposed on international obligations emanating from UN and other bodies and are presented here as complex 'horrendograms' showing the complexity across vertical governance. These horrendograms have surprised marine experts despite them acknowledging the many uses and users of the marine environment. Encouragingly since 2000, the evolution in EU policy has progressed to more holistic directives and here we give an overview of this change.

  11. Evolution of different dual-use concepts in international and national law and its implications on research ethics and governance.

    PubMed

    Rath, Johannes; Ischi, Monique; Perkins, Dana

    2014-09-01

    This paper provides an overview of the various dual-use concepts applied in national and international non-proliferation and anti-terrorism legislation, such as the Biological and Toxin Weapons Convention, the Chemical Weapons Convention and United Nations Security Council Resolution 1540, and national export control legislation and in relevant codes of conduct. While there is a vast literature covering dual-use concepts in particular with regard to life sciences, this is the first paper that incorporates into such discussion the United Nations Security Council Resolution 1540. In addition, recent developments such as the extension of dual-use export control legislation in the area of human rights protection are also identified and reviewed. The discussion of dual-use concepts is hereby undertaken in the context of human- and/or national-security-based approaches to security. This paper discusses four main concepts of dual use as applied today in international and national law: civilian versus military, peaceful versus non-peaceful, legitimate versus illegitimate and benevolent versus malevolent. In addition, the usage of the term to describe positive technology spin-offs between civilian and military applications is also briefly addressed. Attention is also given to the roles civil society and research ethics may play in the governance of dual-use sciences and technologies.

  12. Evolution of different dual-use concepts in international and national law and its implications on research ethics and governance.

    PubMed

    Rath, Johannes; Ischi, Monique; Perkins, Dana

    2014-09-01

    This paper provides an overview of the various dual-use concepts applied in national and international non-proliferation and anti-terrorism legislation, such as the Biological and Toxin Weapons Convention, the Chemical Weapons Convention and United Nations Security Council Resolution 1540, and national export control legislation and in relevant codes of conduct. While there is a vast literature covering dual-use concepts in particular with regard to life sciences, this is the first paper that incorporates into such discussion the United Nations Security Council Resolution 1540. In addition, recent developments such as the extension of dual-use export control legislation in the area of human rights protection are also identified and reviewed. The discussion of dual-use concepts is hereby undertaken in the context of human- and/or national-security-based approaches to security. This paper discusses four main concepts of dual use as applied today in international and national law: civilian versus military, peaceful versus non-peaceful, legitimate versus illegitimate and benevolent versus malevolent. In addition, the usage of the term to describe positive technology spin-offs between civilian and military applications is also briefly addressed. Attention is also given to the roles civil society and research ethics may play in the governance of dual-use sciences and technologies. PMID:24497004

  13. "It's doom alone that counts": can international human rights law be an effective source of rights in correctional conditions litigation?

    PubMed

    Perlin, Michael L; Dlugacz, Henry A

    2009-01-01

    Over the past three decades, the U.S. judiciary has grown increasingly less receptive to claims by convicted felons as to the conditions of their confinement while in prison. Although courts have not articulated a return to the "hands off" policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation of the Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas of prisoners' rights law. From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate to mental health care and treatment. Here, in spite of a general trend toward more stringent applications of standards of proof and a reluctance to order sweeping, intrusive remedies, some courts have aggressively protected prisoners' rights to be free from "deliberate indifference" to serious medical needs, and to be free from excessive force on the part of prison officials. A mostly hidden undercurrent in some prisoners' rights litigation has been the effort on the part of some plaintiffs' lawyers to look to international human rights doctrines as a potential source of rights, an effort that has met with some modest success. It receives support by the inclination of other courts to turn to international human rights conventions-even in nations where such conventions have not been ratified-as a kind of "best practice" in the area. The recent publication and subsequent ratification (though not, as of yet, by the United States) of the UN Convention on the Rights of Persons with Disabilities (CRPD) may add new support to those using international human rights documents as a basis for litigating prisoners' rights claims. To the best of our knowledge, there has, as of yet, been no scholarly literature on the question of the implications of the CRPD on the state of prisoners' rights law in a U.S. domestic context. In this

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

    PubMed

    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.

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

    PubMed Central

    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

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

    PubMed

    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

  17. Multidimensional Riemann problem with self-similar internal structure. Part II - Application to hyperbolic conservation laws on unstructured meshes

    NASA Astrophysics Data System (ADS)

    Balsara, Dinshaw S.; Dumbser, Michael

    2015-04-01

    Multidimensional Riemann solvers that have internal sub-structure in the strongly-interacting state have been formulated recently (D.S. Balsara (2012, 2014) [5,16]). Any multidimensional Riemann solver operates at the grid vertices and takes as its input all the states from its surrounding elements. It yields as its output an approximation of the strongly interacting state, as well as the numerical fluxes. The multidimensional Riemann problem produces a self-similar strongly-interacting state which is the result of several one-dimensional Riemann problems interacting with each other. To compute this strongly interacting state and its higher order moments we propose the use of a Galerkin-type formulation to compute the strongly interacting state and its higher order moments in terms of similarity variables. The use of substructure in the Riemann problem reduces numerical dissipation and, therefore, allows a better preservation of flow structures, like contact and shear waves. In this second part of a series of papers we describe how this technique is extended to unstructured triangular meshes. All necessary details for a practical computer code implementation are discussed. In particular, we explicitly present all the issues related to computational geometry. Because these Riemann solvers are Multidimensional and have Self-similar strongly-Interacting states that are obtained by Consistency with the conservation law, we call them MuSIC Riemann solvers. (A video introduction to multidimensional Riemann solvers is available on http://www.elsevier.com/xml/linking-roles/text/html". The MuSIC framework is sufficiently general to handle general nonlinear systems of hyperbolic conservation laws in multiple space dimensions. It can also accommodate all self-similar one-dimensional Riemann solvers and subsequently produces a multidimensional version of the same. In this paper we focus on unstructured triangular meshes. As examples of different systems of conservation laws we

  18. 77 FR 75695 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-21

    ... pursuant to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is...

  19. 76 FR 26333 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-06

    ... address, and mailing address. Data from the public is requested pursuant to Public Law 99-399 (Omnibus Act of 1986) as amended; Public Law 107-56 (USA PATRIOT ACT): and Executive Order 13356. The...

  20. 78 FR 64260 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-10-28

    ... to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to...

  1. 77 FR 12353 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-29

    ... pursuant to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is...

  2. 77 FR 75696 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-21

    ... Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate...

  3. The use of depleted uranium ammunition under contemporary international law: is there a need for a treaty-based ban on DU weapons?

    PubMed

    Borrmann, Robin

    2010-01-01

    This article examines whether the use of Depleted Uranium (DU) munitions can be considered illegal under current public international law. The analysis covers the law of arms control and focuses in particular on international humanitarian law. The article argues that DU ammunition cannot be addressed adequately under existing treaty based weapon bans, such as the Chemical Weapons Convention, due to the fact that DU does not meet the criteria required to trigger the applicability of those treaties. Furthermore, it is argued that continuing uncertainties regarding the effects of DU munitions impedes a reliable review of the legality of their use under various principles of international law, including the prohibition on employing indiscriminate weapons; the prohibition on weapons that are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment; and the prohibition on causing unnecessary suffering or superfluous injury. All of these principles require complete knowledge of the effects of the weapon in question. Nevertheless, the author argues that the same uncertainty places restrictions on the use of DU under the precautionary principle. The paper concludes with an examination of whether or not there is a need for--and if so whether there is a possibility of achieving--a Convention that comprehensively outlaws the use, transfer and stockpiling of DU weapons, as proposed by some non-governmental organisations (NGOs).

  4. Tobacco industry argues domestic trademark laws and international treaties preclude cigarette health warning labels, despite consistent legal advice that the argument is invalid

    PubMed Central

    Crosbie, Eric; Glantz, Stanton A

    2013-01-01

    Objectives To analyse the tobacco industry’s use of international trade agreements to oppose policies to strengthen health warning labels (HWLs). Design A review of tobacco industry documents, tobacco control legislation and international treaties. Results During the early 1990s, the tobacco industry became increasingly alarmed about the advancement of HWLs on cigarettes packages. In response, it requested legal opinions from British American Tobacco’s law firms in Australia and England, Britain’s Department of Trade and Industry and the World Intellectual Property Organisation on the legality of restricting and prohibiting the use of their trademarks, as embodied in cigarette packages. The consistent legal advice, privately submitted to the companies, was that international treaties do not shield trademark owners from government limitations (including prohibition) on the use of their trademarks. Despite receiving this legal advice, the companies publicly argued that requiring large HWLs compromised their trademark rights under international treaties. The companies successfully used these arguments as part of their successful effort to deter Canadian and Australian governments from enacting laws requiring the plan packaging of cigarettes, which helped delay large graphic HWLs, including ‘plain’ packaging, for over a decade. Conclusions Governments should not be intimidated by tobacco company threats and unsubstantiated claims, and carefully craft HWL laws to withstand the inevitable tobacco industry lawsuits with the knowledge that the companies’ own lawyers as well as authoritative bodies have told the companies that the rights they claim do not exist. PMID:23179728

  5. 78 FR 16754 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-18

    ... Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the....hcch.net/index_en.php?act=text.display&tid=49 . Time and Place: The meeting of the ACPIL Study...

  6. 77 FR 49851 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-17

    ... other information. Personal data are requested pursuant to Public Law 99-399 (Omnibus Diplomatic... Department facilities. The data will be entered into the Visitor Access Control System (VACS-D)...

  7. 77 FR 5292 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-02

    ... Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The... enact a uniform state act, which would apply in that state in lieu of the federal statute. Key issues...

  8. Bridging international law and rights-based litigation: mapping health-related rights through the development of the Global Health and Human Rights Database.

    PubMed

    Meier, Benjamin Mason; Cabrera, Oscar A; Ayala, Ana; Gostin, Lawrence O

    2012-06-15

    The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes.

  9. Drag with external and pressure drop with internal flows: a new and unifying look at losses in the flow field based on the second law of thermodynamics

    NASA Astrophysics Data System (ADS)

    Herwig, Heinz; Schmandt, Bastian

    2013-10-01

    Internal and external flows are characterized by friction factors and drag coefficients, respectively. Their definitions are based on pressure drop and drag force and thus are very different in character. From a thermodynamics point of view in both cases dissipation occurs which can uniformly be related to the entropy generation in the flow field. Therefore we suggest to account for losses in the flow field by friction factors and drag coefficients that are based on the overall entropy generation due to the dissipation in the internal and external flow fields. This second law analysis (SLA) has been applied to internal flows in many studies already. Examples of this flow category are given together with new cases of external flows, also treated by the general SLA-approach.

  10. IFLA General Conference, 1985. International Association of Law Libraries (IALL) Round-Table on Access to Information in International Legal Research. Papers.

    ERIC Educational Resources Information Center

    International Federation of Library Associations, The Hague (Netherlands).

    Papers on international access to information pertaining to legal research, which were presented at the 1985 conference of the International Federation of Library Associations (IFLA) include: (1) "Materials of European Intergovernmental Organizations and Their Accessibility through Available Research Tools" (Irene Berkey, Northwestern University…

  11. Patient-reported outcomes instruments: bridging the gap between international copyright laws and common practice for developers and users--a case example.

    PubMed

    Anfray, Caroline

    2009-12-01

    Copyright laws are intended to protect the rights of authors in their literary, scientific, and artistic works. The recent controversy about the standardized version of the Asthma Quality of Life Questionnaire between Elizabeth Juniper and Eirini Grammatopoulou et al. is an example of the difficulties inherent to copyright faced by developers and users of patient-reported outcome (PRO) instruments. This brief communication presents the basics of international copyright laws (i.e., the Berne Convention), the facts behind the controversy, and our analysis of the case based on our experience as a distributing center of PRO instruments. We conclude that better communication between developers and users would prevent most unfortunate complications and misunderstandings.

  12. Cross-National Variations in Student Employment and Academic Performance: The Roles of National Context and International Law*

    PubMed Central

    Byun, Soo-yong; Henck, Adrienne; Post, David

    2014-01-01

    Most existing research indicates that working students perform more poorly than do full-time students on standardized achievement tests. However, we know there are wide international variations in this gap. This article shows that national and international contexts help to explain the gap in the academic performance between working and non-working middle-school students. We combined data from the 2003 Trends in International Mathematics and Science Study (TIMSS) eighth-grade assessment with the country specific information on socioeconomic and educational conditions, as well as the timing of each country's ratification of an international treaty regulating child labor. Our multilevel analyses show that, while student employment was generally negatively associated with academic performance, this negative association is smaller in countries that by 1995 had ratified the International Labour Organization's Convention No. 138 on child labor. These findings highlight the role of national and international policy in structuring the consequences of student employment for academic performance. PMID:25632163

  13. Intellectual Property Law as an Internal Limit on Intellectual Property Rights and Autonomous Source of Liability for Intellectual Property Owners

    ERIC Educational Resources Information Center

    Judge, Elizabeth F.

    2007-01-01

    This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and…

  14. Cross-National Variations in Student Employment and Academic Performance: The Roles of National Context and International Law

    ERIC Educational Resources Information Center

    Byun, Soo-yong; Henck, Adrienne; Post, David

    2014-01-01

    Most existing research indicates that working students perform more poorly than do full-time students on standardized achievement tests. However, we know there are wide international variations in this gap. This article shows that national and international contexts help to explain the gap in the academic performance between working and nonworking…

  15. New President, New Human Embryonic Stem Cell Research Policy: Comparative International Perspectives and Embryonic Stem Cell Research Laws in France*

    PubMed Central

    Drabiak-Syed, By Katherine

    2013-01-01

    Abstract This article provides an overview of French legislative history, Parliamentary debates, and recent amendments in hESC research policy, as well as additional comparisons with laws across the European Union. Unlike policy discussions in the U.S., French dialogue on hESC research generally rejects the arbitrary division between the status of the embryo and hESCs, recognizing that hESC research necessarily requires the destruction of human embryos. Accordingly, French discourse debates the competing interests of science with secular ethical and civic considerations relating to the symbolic status of the embryo and society's duty to moderate what constitutes appropriate boundaries on research. Parliament recently amended France's hESC research laws to explicitly permit hESC research, signaling the beginning of reform efforts under President Hollande's new power structure, but the inclusion of secular moral considerations in the policy debate will likely restrain the extent of any future changes. PMID:24761054

  16. 75 FR 16225 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-03-31

    ... International Contracts (known as the Mexico City Convention), which was adopted at the Fifth Inter-American... below. Other developments which may be relevant to work at the OAS include the proposal at UNCITRAL...

  17. 75 FR 4440 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-27

    ... to International Contracts (known as the Mexico City Convention), which was adopted at the Fifth... proposal at UNCITRAL for future work on on-line dispute resolution and the establishment by the...

  18. From public health to international law: possible protocols for inclusion in the Framework Convention on Tobacco Control.

    PubMed Central

    Joossens, L.

    2000-01-01

    Faced with a difficult business environment in the United States and the falling demand for cigarettes in industrialized countries, multinational tobacco companies have been competing fiercely to expand their sales in developing countries. Because of the worldwide threat posed by smoking to health and the emphasis being placed by international tobacco companies on marketing in developing countries, an international regulatory strategy, such as the WHO proposed Framework Convention on Tobacco Control, is needed. This review describes from a public health perspective the possible scope and key considerations of protocols that should be included in the convention. The key international areas that should be considered in tobacco control are: prices, smuggling; tax-free tobacco products; advertising and sponsorship; the Internet; testing methods; package design and labelling; agriculture; and information sharing. PMID:10994267

  19. From public health to international law: possible protocols for inclusion in the Framework Convention on Tobacco Control.

    PubMed

    Joossens, L

    2000-01-01

    Faced with a difficult business environment in the United States and the falling demand for cigarettes in industrialized countries, multinational tobacco companies have been competing fiercely to expand their sales in developing countries. Because of the worldwide threat posed by smoking to health and the emphasis being placed by international tobacco companies on marketing in developing countries, an international regulatory strategy, such as the WHO proposed Framework Convention on Tobacco Control, is needed. This review describes from a public health perspective the possible scope and key considerations of protocols that should be included in the convention. The key international areas that should be considered in tobacco control are: prices, smuggling; tax-free tobacco products; advertising and sponsorship; the Internet; testing methods; package design and labelling; agriculture; and information sharing.

  20. Internal Quality Assurance Reviews: Challenges and Processes--Walter Sisulu University's Business, Management Sciences and Law Faculty

    ERIC Educational Resources Information Center

    Moodly, A.; Saunderson, I.

    2008-01-01

    The Council for Higher Educations' (CHE) Higher Education Quality Committee (HEQC) requires internal quality evaluations to be performed on the various programmes offered by the Faculty before visitation by the HEQC. This article examines some of the challenges and processes followed by six of the departments of Walter Sisulu University's Faculty…

  1. Nuclear Forensics International Technical Working Group (ITWG): a collaboration of scientists, law enforcement officials, and regulators working to combat nuclear terrorism and proliferation

    SciTech Connect

    Schwantes, Jon M.

    2013-10-25

    Founded in 1996 upon the initiative of the “Group of 8” governments (G8), the Nuclear Forensics International Technical Working Group (ITWG) is an ad hoc organization of official Nuclear Forensics practitioners (scientists, law enforcement, and regulators) that can be called upon to provide technical assistance to the global community in the event of a seizure of nuclear or radiological materials. The ITWG is supported by and is affiliated with nearly 40 countries and international partner organizations including the International Atomic Energy Agency (IAEA), EURATOM, INTERPOL, EUROPOL, and the United Nations Interregional Crime and Justice Research Institute (UNICRI) (Figure 1). Besides providing a network of nuclear forensics laboratories that are able to assist the global community during a nuclear smuggling event, the ITWG is also committed to the advancement of the science of nuclear forensic analysis, largely through participation in periodic table top and Collaborative Materials Exercises (CMXs). Exercise scenarios use “real world” samples with realistic forensics investigation time constraints and reporting requirements. These exercises are designed to promote best practices in the field and test, evaluate, and improve new technical capabilities, methods and techniques in order to advance the science of nuclear forensics. Past efforts to advance nuclear forensic science have also included scenarios that asked laboratories to adapt conventional forensics methods (e.g. DNA, fingerprints, tool marks, and document comparisons) for collecting and preserving evidence comingled with radioactive materials.

  2. On the scaling laws derived from ice beacon trajectories in the southern Beaufort Sea during the International Polar Year - Circumpolar Flaw Lead study, 2007-2008

    NASA Astrophysics Data System (ADS)

    Lukovich, J. V.; Babb, D. G.; Barber, D. G.

    2011-09-01

    Sea ice motion is an important element in mass balance calculations, ice thermodynamic modeling, ice management plans for industry, and ecosystems studies. In the historical literature, sea ice motion in the Beaufort Sea was characterized by a predominantly anticyclonic motion during winter months, with episodic reversals to cyclonic activity during summer. However, recent studies have shown an increase in cyclonic activity throughout the annual cycle. In this paper we examine circulation in the Beaufort Sea based on the trajectories of 22 ice beacons launched in the Franklin Bay area during the International Polar Year - Circumpolar Flaw Lead (IPY-CFL) study during an over-wintering experiment in 2007-2008. Dispersion characteristics of ice motion show that absolute zonal dispersion follows a t2 scaling law characteristic of advection associated with Beaufort Gyre circulation, whereas absolute meridional dispersion follows a scaling law of t5/4 characteristic of floaters and dispersion in 2-D turbulence. Temporal autocorrelations of ice velocity fluctuations highlight definitive timescales with values of 1.2 (0.7) days in the zonal (meridional) direction. Near-Gaussian behavior is reflected in higher-order moments for ice velocity fluctuation probability density functions (pdfs). Non-Gaussian behavior for absolute displacement pdfs indicates spatial heterogeneity in the ice motion fields. Atmospheric forcing of sea ice is explored through analysis of daily North American Regional Reanalysis and in situ wind data, where it is shown that ice in the CFL study region travels with an average speed of approximately 0.2% and an average angle of 51.5° to the right of the surface winds during the 2007-2008 winter. The results from this analysis further demonstrate seasonality in ice drift to wind ratios and angles that corresponds to stress buoy data indicative of increases in internal ice stress and connectivity due to consolidation of the seasonal ice zone to the coast

  3. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH

    PubMed Central

    REICHMAN, JEROME H.

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as “market exclusivity” and in Europe as “data exclusivity,” these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers’ undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers’ clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers’ consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the

  4. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH.

    PubMed

    Reichman, Jerome H

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as "market exclusivity" and in Europe as "data exclusivity," these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers' undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers' clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers' consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the expense of public

  5. Outer space law: A problem of astronautics

    NASA Technical Reports Server (NTRS)

    Mandl, V.

    1984-01-01

    The theory of space law is discussed from the point of view of similarities and differences between hypothetical space law and current (1932) aviation law. International legal aspects and economic and cultural effects are also addressed.

  6. On Hack's Law

    NASA Astrophysics Data System (ADS)

    Rigon, Riccardo; Rodriguez-Iturbe, Ignacio; Maritan, Amos; Giacometti, Achille; Tarboton, David G.; Rinaldo, Andrea

    1996-11-01

    Hack's law is reviewed, emphasizing its implications for the elongation of river basins as well as its connections with their fractal characteristics. The relation between Hack's law and the internal structure of river basins is investigated experimentally through digital elevation models. It is found that Hack's exponent, elongation, and some relevant fractal characters are closely related. The self-affine character of basin boundaries is shown to be connected to the power law decay of the probability of total contributing areas at any link and to Hack's law. An explanation for Hack's law is derived from scaling arguments. From the results we suggest that a statistical framework referring to the scaling invariance of the entire basin structure should be used in the interpretation of Hack's law.

  7. Performances of the fractal iterative method with an internal model control law on the ESO end-to-end ELT adaptive optics simulator

    NASA Astrophysics Data System (ADS)

    Béchet, C.; Le Louarn, M.; Tallon, M.; Thiébaut, É.

    2008-07-01

    Adaptive Optics systems under study for the Extremely Large Telescopes gave rise to a new generation of algorithms for both wavefront reconstruction and the control law. In the first place, the large number of controlled actuators impose the use of computationally efficient methods. Secondly, the performance criterion is no longer solely based on nulling residual measurements. Priors on turbulence must be inserted. In order to satisfy these two requirements, we suggested to associate the Fractal Iterative Method for the estimation step with an Internal Model Control. This combination has now been tested on an end-to-end adaptive optics numerical simulator at ESO, named Octopus. Results are presented here and performance of our method is compared to the classical Matrix-Vector Multiplication combined with a pure integrator. In the light of a theoretical analysis of our control algorithm, we investigate the influence of several errors contributions on our simulations. The reconstruction error varies with the signal-to-noise ratio but is limited by the use of priors. The ratio between the system loop delay and the wavefront coherence time also impacts on the reachable Strehl ratio. Whereas no instabilities are observed, correction quality is obviously affected at low flux, when subapertures extinctions are frequent. Last but not least, the simulations have demonstrated the robustness of the method with respect to sensor modeling errors and actuators misalignments.

  8. [Sources of law].

    PubMed

    Gutierrez Luna, M

    2004-12-01

    In it first article, the Civil Code establishes that the sources of Spanish law are law, custom, and the general principles of law as well as the circumstances in which each one of them is applied. The Spanish Constitution (SC) is the Law of Laws. It gathers the fundamental rights of the person who should respect the guidelines of the lower ranking. The Law is the guideline having the maximum category below the SC, its elaboration corresponds to the General Courts although the executive power may legislate in certain circumstances (by delegation of the legislative power or by emergency). Executive power elaborates Regulations that are technical developments of the laws. The regulations of the Regional Communities have the rank of law in their geographic setting and for the material in which it has competence. The validly agreed upon international treaties form a part of the Spanish set of rules after being published in the Official State Bulletin. The Spanish legal system is hierarchical, the rules coming from community law are within the peak of the pyramidal structure, with preference on the constitution, followed by laws and rules.

  9. Electrodynamic force law controversy.

    PubMed

    Graneau, P; Graneau, N

    2001-05-01

    Cavalleri et al. [Phys. Rev. E 52, 2505 (1998); Eur. J. Phys. 17, 205 (1996)] have attempted to resolve the electrodynamic force law controversy. This attempt to prove the validity of either the Ampère or Lorentz force law by theory and experiment has revealed only that the two are equivalent when predicting the force on part of a circuit due to the current in the complete circuit. However, in our analysis of internal stresses, only Ampère's force law agrees with experiment. PMID:11415053

  10. Limit laws for Zipf's law

    NASA Astrophysics Data System (ADS)

    Eliazar, Iddo

    2011-01-01

    In this communication we establish stochastic limit laws leading from Zipf's law to Pareto's and Heaps' laws. We consider finite ensembles governed by Zipf's law and study their asymptotic statistics as the ensemble size tends to infinity. A Lorenz-curve analysis establishes three types of limit laws for the ensembles' statistical structure: 'communist', 'monarchic', and Paretian. Further considering a dynamic setting in which the ensembles grow stochastically in time, a functional central limit theorem analysis establishes a Gaussian approximation for the ensembles' stochastic growth. The Gaussian approximation provides a generalized and corrected formulation of Heaps' law.

  11. 26 CFR 403.35 - Laws applicable.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Laws applicable. 403.35 Section 403.35 Internal... DISPOSITION OF SEIZED PERSONAL PROPERTY Remission or Mitigation of Forfeitures § 403.35 Laws applicable. Remission or mitigation of forfeitures shall be governed by the customs laws applicable to remission...

  12. 26 CFR 403.35 - Laws applicable.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 18 2014-04-01 2014-04-01 false Laws applicable. 403.35 Section 403.35 Internal... DISPOSITION OF SEIZED PERSONAL PROPERTY Remission or Mitigation of Forfeitures § 403.35 Laws applicable. Remission or mitigation of forfeitures shall be governed by the customs laws applicable to remission...

  13. 26 CFR 403.35 - Laws applicable.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 18 2013-04-01 2013-04-01 false Laws applicable. 403.35 Section 403.35 Internal... DISPOSITION OF SEIZED PERSONAL PROPERTY Remission or Mitigation of Forfeitures § 403.35 Laws applicable. Remission or mitigation of forfeitures shall be governed by the customs laws applicable to remission...

  14. 26 CFR 403.35 - Laws applicable.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 18 2012-04-01 2012-04-01 false Laws applicable. 403.35 Section 403.35 Internal... DISPOSITION OF SEIZED PERSONAL PROPERTY Remission or Mitigation of Forfeitures § 403.35 Laws applicable. Remission or mitigation of forfeitures shall be governed by the customs laws applicable to remission...

  15. 26 CFR 403.35 - Laws applicable.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 18 2011-04-01 2011-04-01 false Laws applicable. 403.35 Section 403.35 Internal... DISPOSITION OF SEIZED PERSONAL PROPERTY Remission or Mitigation of Forfeitures § 403.35 Laws applicable. Remission or mitigation of forfeitures shall be governed by the customs laws applicable to remission...

  16. The Coming Law School Bubble

    ERIC Educational Resources Information Center

    Krauss, Michael I.

    2011-01-01

    In this article, the author explains how forty years of politicized hiring in the law schools has left its destructive mark. The results are potentially catastrophic: Market forces and internal law school policies may be combining to produce a legal education bubble the likes of which the country has never seen. (Contains 11 footnotes.)

  17. Law 302.

    ERIC Educational Resources Information Center

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  18. Judicial Independence: An International Comparison Service. A Lesson Plan for High School Law-Related Educators To Support "Understanding the Federal Courts."

    ERIC Educational Resources Information Center

    Administrative Office of the United States Courts, Washington, DC.

    It is widely believed that the judiciary can maintain the rule of law and guarantee fundamental rights only if it is independent from political and other pressures. Most countries have provisions in their constitutions guaranteeing an independent judiciary. Usually, this independence has two faces: institutional measures that separate the…

  19. I Phone, You Phone, We All Phone with iPhone: Trademark Law and Ethics from an International and Domestic Perspective

    ERIC Educational Resources Information Center

    Cowart, Tammy W.; Chumney, Wade M.

    2011-01-01

    In today's Internet-based and global business environment, the legal issues companies face will often involve issues of intellectual property. Virtually every product people purchase is protected by a trademark, a patent, and/or copyrights. Thus, basic concepts of intellectual property are a natural component in any business law or legal…

  20. Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy.

    ERIC Educational Resources Information Center

    Waxman, Michael P.

    2001-01-01

    Asserts that the inexorable shift to transnational and global legal practice demands a comparable shift in methods of teaching comparative law to move it beyond its current American common law/European civil law myopia. Proposes an introductory course, Law in Comparative Cultures, which exposes students to a panoply of international legal systems.…

  1. Space flights and questions of law

    NASA Technical Reports Server (NTRS)

    Pepen, E.

    1974-01-01

    Juridical aspects of space flights and international law are elaborated. Considered are manned orbital space stations, as well as lunar or planetary bases and the international exploration of extraterrestrial resources.

  2. [Comparison of descriptive expressions between ILO U/C international classification of radiographs of pneumoconiosis 1971 and Japanese classification of pneumoconiosis law in Japan 1960 in pulmonary asbestosis (author's transl)].

    PubMed

    Horai, Z

    1977-07-01

    In the explanatory text of the ILO U/C International classification of Radiographs of Pneumoconiosis (1971) sent to Japan in 1973, items of its expression on pulmonary asbestosis were analyzed by the author. On the other hand, items of Japanese Asbestosis Classification of Pneumoconiosis Law were also analyzed. The ILO U/C International Classification of Radiographs of Pneumoconiosis (1971) have some confused words. As to pulmonary asbestosis, an expression of irregular opacities is used, but the fundamental X-ray opacities such as linear opacities are forgot in the description. The X-ray findings of the pulmonary asbestosis are divided into 3 types as s, t and u. It is, however, difficult in practice to divide X-ray findings of the pulmonary asbestosis into such types. The classification of X-ray findings of the pulmonary asbestosis in the Japanese Pneumoconiosis Law is based on the classification worked out by many investigators i; the past, providing for simplicity and ease of handling.

  3. 22 CFR 204.43 - Governing law.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 204.43 Section 204.43 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT HOUSING GUARANTY STANDARD TERMS AND CONDITIONS Administration § 204.43 Governing law. This Guaranty shall be governed by and construed in accordance with the laws...

  4. 22 CFR 204.43 - Governing law.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Governing law. 204.43 Section 204.43 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT HOUSING GUARANTY STANDARD TERMS AND CONDITIONS Administration § 204.43 Governing law. This Guaranty shall be governed by and construed in accordance with the laws...

  5. 22 CFR 204.43 - Governing law.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Governing law. 204.43 Section 204.43 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT HOUSING GUARANTY STANDARD TERMS AND CONDITIONS Administration § 204.43 Governing law. This Guaranty shall be governed by and construed in accordance with the laws...

  6. 22 CFR 204.43 - Governing law.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Governing law. 204.43 Section 204.43 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT HOUSING GUARANTY STANDARD TERMS AND CONDITIONS Administration § 204.43 Governing law. This Guaranty shall be governed by and construed in accordance with the laws...

  7. School Law.

    ERIC Educational Resources Information Center

    Splitt, David A.

    1985-01-01

    Discusses (1) a Michigan court decision concerning reverse discrimination and voluntary affirmative action policies; (2) the Massachusetts Supreme Court's rejection of the work-to-rule strategy; and (3) an Arkansas law that will allow teachers failing a basic skills and literacy test to be fired only when their state certification expires. (MLF)

  8. School Law.

    ERIC Educational Resources Information Center

    Splitt, David A.

    1982-01-01

    Summarizes three current issues in school law, including school district suits over potentially carcinogenic asbestos insulation, a California judge's finding that captionless educational television discriminates against hearing-impaired students, and the federal government's attempt to keep the Fairfax (Virginia) school system from charging…

  9. 50 CFR 300.3 - Relation to other laws.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Relation to other laws. 300.3 Section 300.3 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS General § 300.3 Relation to other laws. Other laws that may apply to fishing activities...

  10. 26 CFR 509.102 - Applicable provisions of law.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 19 2010-04-01 2010-04-01 false Applicable provisions of law. 509.102 Section... UNDER TAX CONVENTIONS SWITZERLAND General Income Tax § 509.102 Applicable provisions of law. (a) General... reason of any alteration of law in relation to internal revenue. (b) Retroactivity of regulations...

  11. 50 CFR 300.3 - Relation to other laws.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false Relation to other laws. 300.3 Section 300.3 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS General § 300.3 Relation to other laws. Other laws that may apply to fishing activities...

  12. 50 CFR 300.3 - Relation to other laws.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 11 2014-10-01 2014-10-01 false Relation to other laws. 300.3 Section 300.3 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS General § 300.3 Relation to other laws. Other laws that may apply to fishing activities...

  13. A Relationship between Lotka's Law, Bradford's Law, and Zipf's Law.

    ERIC Educational Resources Information Center

    Chen, Ye-Sho; Leimkuhler, Ferdinand F.

    1986-01-01

    A common functional relationship among Lotka's law, Bradford's law, and Zipf's law is derived. The proof takes explicit account of the sequences of observed values of the variables by means of an index. This approach results in a more realistic and precise formulation of each law. (Author/EM)

  14. Does accreditation by the Association for Assessment and Accreditation of Laboratory Animal Care International (AAALAC) ensure greater compliance with animal welfare laws?

    PubMed

    Goodman, Justin R; Chandna, Alka; Borch, Casey

    2015-01-01

    Accreditation of nonhuman animal research facilities by the Association for Assessment and Accreditation of Laboratory Animal Care International (AAALAC) is widely considered the "gold standard" of commitment to the well being of nonhuman animals used in research. AAALAC-accredited facilities receive preferential treatment from funding agencies and are viewed favorably by the general public. Thus, it bears investigating how well these facilities comply with U.S. animal research regulations. In this study, the incidences of noncompliance with the Animal Welfare Act (AWA) at AAALAC-accredited facilities were evaluated and compared to those at nonaccredited institutions during a period of 2 years. The analysis revealed that AAALAC-accredited facilities were frequently cited for AWA noncompliance items (NCIs). Controlling for the number of animals at each facility, AAALAC-accredited sites had significantly more AWA NCIs on average compared with nonaccredited sites. AAALAC-accredited sites also had more NCIs related to improper veterinary care, personnel qualifications, and animal husbandry. These results demonstrate that AAALAC accreditation does not improve compliance with regulations governing the treatment of animals in laboratories. PMID:25174609

  15. [Limitations of occupational exposure to electromagnetic fields adopted by Polish law from the perspectives of international documents with particular reference to fields of low and medium frequencies].

    PubMed

    Karpowicz, Jolanta; Gryz, Krzysztof

    2003-01-01

    Following the provisions of the decree on maximum admissible strength (MAS) values, issued by the Minister of Labour and Social Policy, comprehensive and homogeneous principles of workers' protection against excessive exposure to 0-300 GHz electromagnetic fields have been in force since 2001. Different mechanisms responsible for interactions between electromagnetic field and human body, as well as the need to limit their harmful effects were taken into account while setting permissible exposure conditions. Owing to the fact that both the strength of electric and magnetic fields and exposure duration have been considered, Polish regulations facilitate a parallel harmonisation of the prohibited exposure levels with so-called "basic restriction" values adopted as a minimum protection level in many international guidelines and to implement a significantly higher level of workers' protection in case of long-duration per shift exposure (equivalent of "precautionary principle" applied in the evaluation of general public exposure). The approaches adopted in Polish regulations coincide in many points with a drafted EU directive. Amendments being introduced into Polish legal regulations on the environmental protection should maintain cohesion principle with legal regulations on occupational exposure to electromagnetic fields, and should take into account additional restrictions concerning the protection of residential areas, as practiced in many European countries.

  16. Protection of human participants from risks in biomedical research: an analysis of the law of South Africa and international ethical guidelines.

    PubMed

    Monnye, Segoane L

    2003-01-01

    In order to enhance the quality of lives of South Africans who are afflicted by many diseases, medical researchers have been engaged in biomedical research with the aim of testing, evaluating newly developed prophylactic and therapeutic methods. However, during the testing of newly developed therapeutic methods, participants are sometimes exposed to harm which may ruin the remainder of their lives or even lead to their deaths. Despite the seriousness of harm which may result from research, South Africa does not regard social and economic harms as a threat to the welfare and health of participants. Though they utilize the risk-benefit analysis as outlined by international ethical guidelines to minimize harm, this developed criterion has been shown to be an inadequate safeguard for the welfare and health of participants as it fails to cover the occurrence of scientifically unforeseen risk. To ensure protection of participants, this paper suggests the introduction of a precautionary approach in research and also, specific reference to South Africa, the recognition of all categories of harm.

  17. Considering the unthinkable—A review and discussion of current international law and suggestions regarding how we deal with a catastrophic incident in space

    NASA Astrophysics Data System (ADS)

    Beamer-Downie, Darcy

    2013-12-01

    It is now clear that private enterprise and not nationally funded space agencies will be the driving force behind development of space for the "benefit" of private enterprise and the general public. It is also not unreasonable to say that in the next 20-30 years we will see the public accessing space via sub-orbital flights, orbital excursions, orbiting hotels and possibly even hotels located on a celestial body. The existing principles regarding the rescue and return of "astronauts" was never fit for purpose and is certainly not appropriate for this new era of private space activity. Activities in space are dangerous and the travelling public is generally risk adverse. So how do we balance the obvious risks associated with space travel, against the societal desire to seek adventures in space and with the prevailing risk adverse culture? It is now time to seriously consider the development of international safety standards for space vehicles and habitations in order to ensure that rescue and return from a space excursion is a reality for passengers and crew. If we fail to do so then the scenario set out below may become a tragic reality. Catastrophic ScenarioConsider a scenario in which a space hotel loses a significant amount of its in-orbit life support capability. Rescue is underway but it will take time. The Captain realises that there is not enough oxygen on board for all to survive until rescue. What if anything can be done?

  18. Does accreditation by the Association for Assessment and Accreditation of Laboratory Animal Care International (AAALAC) ensure greater compliance with animal welfare laws?

    PubMed

    Goodman, Justin R; Chandna, Alka; Borch, Casey

    2015-01-01

    Accreditation of nonhuman animal research facilities by the Association for Assessment and Accreditation of Laboratory Animal Care International (AAALAC) is widely considered the "gold standard" of commitment to the well being of nonhuman animals used in research. AAALAC-accredited facilities receive preferential treatment from funding agencies and are viewed favorably by the general public. Thus, it bears investigating how well these facilities comply with U.S. animal research regulations. In this study, the incidences of noncompliance with the Animal Welfare Act (AWA) at AAALAC-accredited facilities were evaluated and compared to those at nonaccredited institutions during a period of 2 years. The analysis revealed that AAALAC-accredited facilities were frequently cited for AWA noncompliance items (NCIs). Controlling for the number of animals at each facility, AAALAC-accredited sites had significantly more AWA NCIs on average compared with nonaccredited sites. AAALAC-accredited sites also had more NCIs related to improper veterinary care, personnel qualifications, and animal husbandry. These results demonstrate that AAALAC accreditation does not improve compliance with regulations governing the treatment of animals in laboratories.

  19. 26 CFR 301.7327-1 - Customs laws applicable.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Customs laws applicable. 301.7327-1 Section 301.7327-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PROCEDURE AND ADMINISTRATION PROCEDURE AND ADMINISTRATION Other Offenses § 301.7327-1 Customs laws applicable. For...

  20. 26 CFR 301.7327-1 - Customs laws applicable.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 18 2014-04-01 2014-04-01 false Customs laws applicable. 301.7327-1 Section 301.7327-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PROCEDURE AND ADMINISTRATION PROCEDURE AND ADMINISTRATION Other Offenses § 301.7327-1 Customs laws applicable. For...

  1. 26 CFR 301.7327-1 - Customs laws applicable.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 18 2011-04-01 2011-04-01 false Customs laws applicable. 301.7327-1 Section 301.7327-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PROCEDURE AND ADMINISTRATION PROCEDURE AND ADMINISTRATION Other Offenses § 301.7327-1 Customs laws applicable. For...

  2. 26 CFR 509.102 - Applicable provisions of law.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 19 2013-04-01 2010-04-01 true Applicable provisions of law. 509.102 Section 509.102 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) REGULATIONS UNDER TAX CONVENTIONS SWITZERLAND General Income Tax § 509.102 Applicable provisions of law. (a)...

  3. 26 CFR 509.102 - Applicable provisions of law.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 19 2014-04-01 2010-04-01 true Applicable provisions of law. 509.102 Section 509.102 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) REGULATIONS UNDER TAX CONVENTIONS SWITZERLAND General Income Tax § 509.102 Applicable provisions of law. (a)...

  4. 26 CFR 509.102 - Applicable provisions of law.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 19 2011-04-01 2010-04-01 true Applicable provisions of law. 509.102 Section 509.102 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) REGULATIONS UNDER TAX CONVENTIONS SWITZERLAND General Income Tax § 509.102 Applicable provisions of law. (a)...

  5. 26 CFR 509.102 - Applicable provisions of law.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 19 2012-04-01 2010-04-01 true Applicable provisions of law. 509.102 Section 509.102 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) REGULATIONS UNDER TAX CONVENTIONS SWITZERLAND General Income Tax § 509.102 Applicable provisions of law. (a)...

  6. International Legal Scholarship: A Perspective on Teaching and Publishing.

    ERIC Educational Resources Information Center

    Gamble, John King, Jr.; Shields, Natalie S.

    1989-01-01

    A survey examined the professional affiliation (law school teacher vs. political science teacher) of individuals publishing articles on international law in law reviews, general political science journals, political science journals with an international focus, and international law journals to learn more about the distribution of international…

  7. The Yearbook of Education Law, 2002.

    ERIC Educational Resources Information Center

    Russo, Charles J., Ed.

    Drawing on the research of 18 international experts in education and law, this yearbook presents a review and advocacy-free analysis of litigation involving education during the previous year in the United States, Australia, the United Kingdom, and Europe. But the bulk of the yearbook focuses on education law in the United States. The volume is…

  8. Demonstrating the Gas Laws.

    ERIC Educational Resources Information Center

    Holko, David A.

    1982-01-01

    Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…

  9. Missile Defense and International Space Law

    NASA Astrophysics Data System (ADS)

    Hashimoto, Y.

    2002-01-01

    By the withdrawal from Anti Ballistic Missile (ABM) Treaty of 1972 by the United States of America, there will emerge the age of no concrete legal restrictions for ballistic missiles defense in the outer space.On the other hand, because the proliferation of ballistic missile technology has been the problem to be solved as soon as possible, we have to build new regulations for the adequate missile defense and other related activities including the use of outer space.In this paper, the implication of ABM Treaty in the Cold War era will be reviewed and the present and future situation and ideal legal scheme for missile defense and outer space usage will be considered.

  10. Space law and space resources

    NASA Technical Reports Server (NTRS)

    Goldman, Nathan C.

    1992-01-01

    Space industrialization is confronting space law with problems that are changing old and shaping new legal principles. The return to the Moon, the next logical step beyond the space station, will establish a permanent human presence there. Science and engineering, manufacturing and mining will involve the astronauts in the settlement of the solar system. These pioneers, from many nations, will need a legal, political, and social framework to structure their lives and interactions. International and even domestic space law are only the beginning of this framework. Dispute resolution and simple experience will be needed in order to develop, over time, a new social system for the new regime of space.

  11. NASA and the practice of space law

    NASA Technical Reports Server (NTRS)

    Hosenball, S. N.

    1985-01-01

    The paper discusses the need for increased awareness in space law due to advances in space technology and a trend toward commercialization of space. A list of national and international treaties, conventions, agreements, laws, and regulations relevant to space activities is presented. NASA lawyers specialize in international and municipal laws that affect the NASA space mission; an example of the lawyers working with insurance companies in negotiating the first Space Shuttle liability policy is provided. The increased participation of the public sector in space activities, for example, the commercialization of the Space Shuttle transportation system, is examined.

  12. Justice foundations for the Comprehensive Law Movement.

    PubMed

    Dewhurst, Dale

    2010-01-01

    Authors examining the developing dispute resolution alternatives to the adversarial system have identified nine converging "vectors" or alternatives in what has been termed the Comprehensive Law Movement. These authors have sought to understand how the developing vectors can remain separate and vibrant movements while sharing common ground. Some analyze these developments as being within law and legal practice, others see them as alternative approaches to law, and still others take a combined approach. It will be impossible to understand how these vectors have meaningful differences from law and legal practice if the search is limited to looking within law and legal practice. It will be impossible to understand how these vectors have meaningful commonalities with law and legal practice if the search is limited to looking external to law and legal practice. Instead of comparing the vectors with the adversarial system, higher order criteria are required. What is needed is a comprehensive and internally consistent super-system of norms; one that can be used to evaluate the adversarial system and the evolving vectors on an equal footing. An Aristotelian natural law virtue theory of justice can: (a) provide a functional guiding definition of justice; (b) serve as a comprehensive and internally consistent super-system of norms; and (c) provide the theoretical and evaluative foundation required to clarify the relationships among the adversarial system and the developing vectors. Finally, it will become clear why the Comprehensive Law Movement might be more appropriately conceptualized as the Comprehensive Justice Movement. PMID:20880589

  13. 26 CFR 1.691(e)-1 - Installment obligations transmitted at death when prior law applied.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... when prior law applied. 1.691(e)-1 Section 1.691(e)-1 Internal Revenue INTERNAL REVENUE SERVICE... Decedents § 1.691(e)-1 Installment obligations transmitted at death when prior law applied. (a) In general—(1) Application of prior law. Under section 44(d) of the Internal Revenue Code of 1939...

  14. 26 CFR 1.691(e)-1 - Installment obligations transmitted at death when prior law applied.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... when prior law applied. 1.691(e)-1 Section 1.691(e)-1 Internal Revenue INTERNAL REVENUE SERVICE... Decedents § 1.691(e)-1 Installment obligations transmitted at death when prior law applied. (a) In general—(1) Application of prior law. Under section 44(d) of the Internal Revenue Code of 1939...

  15. 26 CFR 1.691(e)-1 - Installment obligations transmitted at death when prior law applied.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... when prior law applied. 1.691(e)-1 Section 1.691(e)-1 Internal Revenue INTERNAL REVENUE SERVICE... Decedents § 1.691(e)-1 Installment obligations transmitted at death when prior law applied. (a) In general—(1) Application of prior law. Under section 44(d) of the Internal Revenue Code of 1939...

  16. 31 CFR 10.70 - Administrative Law Judge.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 10.70... INTERNAL REVENUE SERVICE Rules Applicable to Disciplinary Proceedings § 10.70 Administrative Law Judge. (a..., firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed...

  17. 26 CFR 48.6421-6 - Applicable laws.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 16 2010-04-01 2010-04-01 true Applicable laws. 48.6421-6 Section 48.6421-6... Application to Retailers and Manufacturers Taxes § 48.6421-6 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  18. 26 CFR 48.6420-5 - Applicable laws.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 16 2010-04-01 2010-04-01 true Applicable laws. 48.6420-5 Section 48.6420-5... Application to Retailers and Manufacturers Taxes § 48.6420-5 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  19. 26 CFR 48.6427-4 - Applicable laws.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 16 2010-04-01 2010-04-01 true Applicable laws. 48.6427-4 Section 48.6427-4... Application to Retailers and Manufacturers Taxes § 48.6427-4 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  20. 41 CFR 102-117.145 - What are coastwise laws?

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... Restrictions That Affect International Transportation of Freight and Household Goods § 102-117.145 What are coastwise laws? Coastwise laws refer to laws governing shipment of freight, household goods and passengers... emergency (see section 27 of the Merchant Marine Act of 1920, 46 App. U.S.C. 883, 19 CFR 4.80)....

  1. 26 CFR 48.6420-5 - Applicable laws.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 16 2012-04-01 2012-04-01 false Applicable laws. 48.6420-5 Section 48.6420-5... Application to Retailers and Manufacturers Taxes § 48.6420-5 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  2. 26 CFR 48.6427-4 - Applicable laws.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 16 2013-04-01 2013-04-01 false Applicable laws. 48.6427-4 Section 48.6427-4... Application to Retailers and Manufacturers Taxes § 48.6427-4 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  3. 31 CFR 10.70 - Administrative Law Judge.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 31 Money and Finance: Treasury 1 2014-07-01 2014-07-01 false Administrative Law Judge. 10.70... INTERNAL REVENUE SERVICE Rules Applicable to Disciplinary Proceedings § 10.70 Administrative Law Judge. (a..., firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed...

  4. 26 CFR 48.6420-5 - Applicable laws.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 16 2013-04-01 2013-04-01 false Applicable laws. 48.6420-5 Section 48.6420-5... Application to Retailers and Manufacturers Taxes § 48.6420-5 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  5. 26 CFR 48.6427-4 - Applicable laws.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 16 2012-04-01 2012-04-01 false Applicable laws. 48.6427-4 Section 48.6427-4... Application to Retailers and Manufacturers Taxes § 48.6427-4 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  6. 26 CFR 48.6421-6 - Applicable laws.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 16 2013-04-01 2013-04-01 false Applicable laws. 48.6421-6 Section 48.6421-6... Application to Retailers and Manufacturers Taxes § 48.6421-6 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  7. 26 CFR 48.6421-6 - Applicable laws.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 16 2012-04-01 2012-04-01 false Applicable laws. 48.6421-6 Section 48.6421-6... Application to Retailers and Manufacturers Taxes § 48.6421-6 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  8. 26 CFR 48.6427-4 - Applicable laws.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 16 2011-04-01 2011-04-01 false Applicable laws. 48.6427-4 Section 48.6427-4... Application to Retailers and Manufacturers Taxes § 48.6427-4 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  9. 26 CFR 48.6420-5 - Applicable laws.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 16 2011-04-01 2011-04-01 false Applicable laws. 48.6420-5 Section 48.6420-5... Application to Retailers and Manufacturers Taxes § 48.6420-5 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  10. 26 CFR 48.6421-6 - Applicable laws.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 16 2011-04-01 2011-04-01 false Applicable laws. 48.6421-6 Section 48.6421-6... Application to Retailers and Manufacturers Taxes § 48.6421-6 Applicable laws. (a) Penalties, excessive claims, etc. All provisions of law, including penalties, applicable in respect of the tax imposed by...

  11. 20 CFR 401.125 - Disclosures prohibited by law.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 2 2011-04-01 2011-04-01 false Disclosures prohibited by law. 401.125 Section 401.125 Employees' Benefits SOCIAL SECURITY ADMINISTRATION PRIVACY AND DISCLOSURE OF OFFICIAL... law. We do not disclose information when a law specifically prohibits it. The Internal Revenue...

  12. 31 CFR 10.70 - Administrative Law Judge.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance: Treasury 1 2011-07-01 2011-07-01 false Administrative Law Judge. 10.70... INTERNAL REVENUE SERVICE Rules Applicable to Disciplinary Proceedings § 10.70 Administrative Law Judge. (a..., firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed...

  13. [Medicine aboard cruise ships--law insurance specifics].

    PubMed

    Ottomann, C; Frenzel, R; Muehlberger, T

    2013-04-01

    The booming cruise industry, associated with ships with more passengers and crew on board, results in growing medical needs for the ship doctor. The ship's doctor insurance policy includes different jurisdictions, namely national law, international law, tort law, insurance law and labor law. In addition, international agreements must be taken into account, which complicates the design of an adequate insurance policy. Equally high are the costs and defense costs for the ship's doctor in case of liability. In order to limit the liability for all parties is to ask for appropriately qualified medical staff, hired on board.

  14. Tax Law System

    ERIC Educational Resources Information Center

    Tsindeliani, Imeda A.

    2016-01-01

    The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

  15. Innovations in Law.

    ERIC Educational Resources Information Center

    Martz, Carlton

    2000-01-01

    This issue of "Bill of Rights in Action" looks at historical and recent innovations in law. The first article examines the code of laws developed by the ancient Hebrews which influenced Roman law, English law, and the U.S. Declaration of Independence and Constitution. The second article explores Thomas Jefferson's writing of the Declaration of…

  16. Investigating Coulomb's Law.

    ERIC Educational Resources Information Center

    Noll, Ellis; Koehlinger, Mervin; Kowalski, Ludwik; Swackhamer, Gregg

    1998-01-01

    Describes the use of a computer-linked camera to demonstrate Coulomb's law. Suggests a way of reducing the difficulties in presenting Coulomb's law by teaching the inverse square law of gravity and the inverse square law of electricity in the same unit. (AIM)

  17. Contribution of corresponding member of the USSR Academy of Sciences Ye. A. Korovin to the science of international space law. Anniversary of corresponding member of the USSR Academy of Sciences, Professor Ye. A. Korovin

    NASA Technical Reports Server (NTRS)

    Zhukov, G. P.

    1980-01-01

    The Soviet Union's participation in the solution of international legal problems as space flights became possible is reviewed with emphasis on the efforts of the most prominent Soviet international lawyer. Some of the professor's 230 writings are highlighted.

  18. Civil Law Glossary.

    ERIC Educational Resources Information Center

    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)

  19. Health care law versus constitutional law.

    PubMed

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  20. Law and regulation of benzene.

    PubMed Central

    Feitshans, I L

    1989-01-01

    OSHA has created final benzene regulations after extensive rulemakings on two occasions, 1978 and 1987. These standards have been the subject of extensive litigation for nearly 20 years. This article examines in detail the conceptual underpinnings of the Benzene Case, (which was decided by the U.S. Supreme Court in 1980) in light of U.S. administrative law precedents that have set limits upon administrative discretion under the test for "substantial evidence" and the "hard look doctrine." This article also addresses recent developments in the wake of the Benzene Case and their implications for benzene regulations following the "significant risk" doctrine in that case. This article briefly describes other national, regional, and international laws governing the use of benzene. This article concludes that the revisions of the benzene regulation and subsequent rulemaking provide substantial evidence of scientific underpinnings for regulatory action and that laws from other nations reflect an international consensus that occupational exposure to benzene is a proper subject of regulation. Such regulations and policies are therefore likely to withstand scrutiny and remain enforceable as widely accepted norms. PMID:2792048

  1. Infinity and Newton's Three Laws of Motion

    NASA Astrophysics Data System (ADS)

    Lee, Chunghyoung

    2011-12-01

    It is shown that the following three common understandings of Newton's laws of motion do not hold for systems of infinitely many components. First, Newton's third law, or the law of action and reaction, is universally believed to imply that the total sum of internal forces in a system is always zero. Several examples are presented to show that this belief fails to hold for infinite systems. Second, two of these examples are of an infinitely divisible continuous body with finite mass and volume such that the sum of all the internal forces in the body is not zero and the body accelerates due to this non-null net internal force. So the two examples also demonstrate the breakdown of the common understanding that according to Newton's laws a body under no external force does not accelerate. Finally, these examples also make it clear that the expression `impressed force' in Newton's formulations of his first and second laws should be understood not as `external force' but as `exerted force' which is the sum of all the internal and external forces acting on a given body, if the body is infinitely divisible.

  2. Communication, Law, and Justice.

    ERIC Educational Resources Information Center

    Anapol, Malthon M.

    The author takes the position that communication is an essential, but often overlooked component of law and justice; furthermore, some of the current problems in the area of law and justice are basically communication problems. The author traces the early development of communication and law as closely related disciplines, with emphasis on the…

  3. The Laws Are Yours.

    ERIC Educational Resources Information Center

    Lawyers' Wives of Wisconsin, Racine.

    The pamphlet briefly describes various facets of the law and legal system in Wisconsin, and defines many legal terms. The objective is to further public understanding of the law and of the legal profession, particularly in Wisconsin. No attempt is made to answer specific legal questions. Sections cover civil and criminal law; the federal court…

  4. Henry's Law: A Retrospective

    ERIC Educational Resources Information Center

    Rosenberg, Robert M.; Peticolas, Warner L.

    2004-01-01

    A retrospective view of Henry's law and its applicability in any specific system at a finite concentration is tested. It can be concluded that Henry's law is only a limiting law and is adequate at low mole fractions but is useful for practical purposes where high precision is not required.

  5. On Teaching Natural Law.

    ERIC Educational Resources Information Center

    Forte, David F.

    1978-01-01

    A brief look at Columbia, Harvard, and Notre Dame law schools shows that the American tradition in teaching natural law has not been strong. The value of teaching natural law is discussed, a separate course or seminar is seen as the most effective option, and a selection of available sources for such a course is appended. (JMD)

  6. Preventive School Law.

    ERIC Educational Resources Information Center

    Bednar, William C., Jr.

    The purpose of this chapter is to suggest outlines of a preventive law practice, raise issues, and provoke further thought and discussion concerning the application of preventive law principles and techniques to the management and operation of educational systems. The theory of preventive law and some of its premises are examined in order to…

  7. Campus Common Law

    ERIC Educational Resources Information Center

    Bakken, Gordon Morris

    1976-01-01

    Discusses the legal principle of common law as it applies to the personnel policies of colleges and universities in an attempt to define the parameters of campus common law and to clarify its relationship to written university policies and relevant state laws. (JG)

  8. Zipf's law in multifragmentation

    SciTech Connect

    Campi, X.; Krivine, H.

    2005-11-01

    We discuss the meaning of Zipf's law in nuclear multifragmentation. We remark that Zipf's law is a consequence of a power-law fragment size distribution with exponent {tau}{approx_equal}2. We also recall why the presence of such a distribution is not a reliable signal of a liquid-gas phase transition.

  9. 26 CFR 1.1502-80 - Applicability of other provisions of law.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 12 2012-04-01 2012-04-01 false Applicability of other provisions of law. 1....1502-80 Applicability of other provisions of law. (a) In general—(1) Application of other provisions. The Internal Revenue Code (Code), or other law, shall be applicable to the group to the extent...

  10. 26 CFR 1.1502-80 - Applicability of other provisions of law.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 12 2011-04-01 2011-04-01 false Applicability of other provisions of law. 1....1502-80 Applicability of other provisions of law. (a) In general—(1) Application of other provisions. The Internal Revenue Code (Code), or other law, shall be applicable to the group to the extent...

  11. 26 CFR 1.1502-80 - Applicability of other provisions of law.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 12 2013-04-01 2013-04-01 false Applicability of other provisions of law. 1....1502-80 Applicability of other provisions of law. (a) In general—(1) Application of other provisions. The Internal Revenue Code (Code), or other law, shall be applicable to the group to the extent...

  12. Water, law, science

    NASA Astrophysics Data System (ADS)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

  13. Approximation of Laws

    NASA Astrophysics Data System (ADS)

    Niiniluoto, Ilkka

    2014-03-01

    Approximation of laws is an important theme in the philosophy of science. If we can make sense of the idea that two scientific laws are "close" to each other, then we can also analyze such methodological notions as approximate explanation of laws, approximate reduction of theories, approximate empirical success of theories, and approximate truth of laws. Proposals for measuring the distance between quantitative scientific laws were given in Niiniluoto (1982, 1987). In this paper, these definitions are reconsidered as a response to the interesting critical remarks by Liu (1999).

  14. Globalization of public health law and ethics.

    PubMed

    Sohn, Myongsei

    2012-09-01

    The Constitution of the World Health Organization (1946) states that the "enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social position." The international legal framework for this right was laid by the Universal Declaration of Human Rights (1948) and reaffirmed in the International Covenant on Economic, Social, and Cultural Rights (1966) and the Declaration of Alma-Ata (1978). In recent years, the framework has been developed on 10 key elements: national and international human rights, laws, norms, and standards; resource constraints and progressive realization; obligations of immediate effect; freedoms and entitlements; available, accessible, acceptable, and good quality; respect, protect, and fulfill; non-discrimination, equality, and vulnerability; active and informed participation; international assistance and cooperation; and monitoring and accountability. Whereas public health law plays an essential role in the protection and promotion of the right to health, the emergence of SARS (2003) highlighted the urgent need to reform national public health laws and international obligations relating to public health in order to meet the new realities of a globalized world, leading to the WHO Framework Convention on Tobacco Control (2003) and the revision of the WHO International Health Regulations (2005). The Asian Institute for Bioethics and Health Law, in conjunction with the Republic of Korea's Ministry of Health and Welfare and the WHO International Digest of Health Legislation, conducted a comparative legal analysis of national public health laws in various countries through a project entitled Domestic Profiles of Public/Population Health Legislation (2006), which underscored the importance of recognizing the political and social contexts of distinct legal cultures, including Western, Asian, Islamic, and African.

  15. Ocean and Coastal Law

    NASA Astrophysics Data System (ADS)

    Ross, David A.

    First of all, this is not the typical book that one expects to see reviewed in Eos, but, read on. It should be clear, by now, even to the most esoteric geophysicist, that lawyers and jurists are taking very close looks at many coastal zone and offshore marine activities. More importantly, there are a wide variety of laws (both at the state and the national levels) and international regulations that determine how we now use or will use our coastal region including how and where we will do marine scientific research. Recently, a Presidential Proclamation (March 1983) declared a 200-mile exclusive economic zone for the United States. The President, in the accompanying statements to the Proclamation, has called special attention to polymetallic sulfide deposits (Is someone in the White House reading Eos?) in what will now be U.S. waters (i.e., the Juan de Fuca region). Well, if you or your colleagues want to know more about U.S. and individual state rules for management and use of our marine areas, this might be the book for you.

  16. Water, law, science

    SciTech Connect

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  17. Zipf's law, power laws and maximum entropy

    NASA Astrophysics Data System (ADS)

    Visser, Matt

    2013-04-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  18. Law and medical ethics.

    PubMed Central

    Frenkel, D A

    1979-01-01

    Summarising the interrelationship between law and medical ethics, I would say that in cases which do not touch the patient's body or integrity, such as professional secrecy, statutory law may take precedence over rules of medical ethics. But in cases where the human subject becomes a victim because of domestic statutory laws which are in contradiction with medical ethics, the medical practitioners should insist on adhering to their professional standards in such a way that the legislators will have to adapt their legislations to the laws of humanity and public conscience. Legislators, as well as medical practitioners, should not forget that the term 'being' is preceded and qualified by 'human'. PMID:469871

  19. 22 CFR 233.16 - Governing law.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Governing law. 233.16 Section 233.16 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT HASHEMITE KINGDOM OF JORDAN LOAN GUARANTEES ISSUED UNDER THE FURTHER CONTINUING APPROPRIATIONS ACT, 2013, DIV. F, PUB. L. 113-6-STANDARD TERMS AND CONDITIONS §...

  20. Reflections on the Laws of Life

    ERIC Educational Resources Information Center

    Elias, Maurice J.; Klein, Dena A.; DeLuca, Amy; Smith, David R.; Fattal, Laura F.; Bento, Angela; Leverett, Larry

    2006-01-01

    The Laws of Life is an international essay contest and social and emotional learning (SEL) initiative that many school districts use to build students' SEL and related abilities. In the contest, students reflect on their identities--who they are, who they want to become, and what they want their lives to stand for--by writing about the main values…

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

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  2. School Law Update...Preventive School Law.

    ERIC Educational Resources Information Center

    Jones, Thomas N., Ed.; Semler, Darel P., Ed.

    A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…

  3. Simulation in International Studies

    ERIC Educational Resources Information Center

    Boyer, Mark A.

    2011-01-01

    Social scientists have long worked to replicate real-world phenomena in their research and teaching environments. Unlike our biophysical science colleagues, we are faced with an area of study that is not governed by the laws of physics and other more predictable relationships. As a result, social scientists, and international studies scholars more…

  4. 19 CFR 147.43 - Entry under the Customs laws.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 19 Customs Duties 2 2010-04-01 2010-04-01 false Entry under the Customs laws. 147.43 Section 147.43 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF... the Customs laws. (a) Payment of duties and taxes. Any applicable duties and internal revenue taxes...

  5. 20 CFR 401.125 - Disclosures prohibited by law.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Section 401.125 Employees' Benefits SOCIAL SECURITY ADMINISTRATION PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION Disclosure of Official Records and Information § 401.125 Disclosures prohibited by law. We do not disclose information when a law specifically prohibits it. The Internal Revenue...

  6. Draft Model Law on Archives: Description and Text.

    ERIC Educational Resources Information Center

    Carbone, Salvatore; Gueze, Raoul

    A model law on archives which was prepared for the United Nations Educational, Scientific, and Cultural Organization (UNESCO) by the International Council on Archives is presented. The aim of the law is to help countries in varying stages of development to construct legal guidelines for archival use which are in line with the exigencies of modern…

  7. Even Wars Have Laws: Upholding an American Tradition

    ERIC Educational Resources Information Center

    Adhihetty, T. J.

    2010-01-01

    Since the founding of this nation, Americans have lived by the belief that wars have laws. Even in the most morally-challenging times, the principles of international humanitarian law (IHL)--which provide basic protections for the vulnerable, such as civilians, prisoners of war, and sick and injured combatants--have been championed by leaders like…

  8. Enforcing women's rights through law.

    PubMed

    Cook, R J

    1995-06-01

    Because women have to be equal partners in development to insure its sustainability, the human rights of women must be foremost on development agendas. Ratification of and adherence to the Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention) would be a powerful international tool in this regard. In various countries, progress towards legalizing rights for women is passing through a first stage which focusses on the protection of specific rights to a second stage in which sex is included as a prohibited ground of discrimination to a third stage which addresses the pervasive and structural nature of the violation of women's rights. It is expected that governments will renew their commitment to the Women's Convention at the Fourth World Conference on Women (WCW) and, thus, take more seriously their obligations to report progress and remove reservations. Regional initiatives, such as the Organization of American States' 1994 Convention on the Prevention, Punishment, and Eradication of Violence Against Women, can also be used to protect women's rights, and the application of national constitutions and domestic laws remains the first line of defence for women. Particular attention must be paid to laws which apply to property rights, nationality, equality within the family, reproductive and other health issues, and violence against women. The Draft Plan of Action prepared for the WCW challenges states to specify their plans to eliminate discrimination. While this Plan may prove to lack vision, women's nongovernmental organizations are playing a major role in accelerating the movement of international and domestic law towards justice for women.

  9. Know Your Laws. French.

    ERIC Educational Resources Information Center

    Watson, Joan Q.; Ledun, Andree

    This French language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three levels of the…

  10. Know Your Laws. German.

    ERIC Educational Resources Information Center

    Watson, Joan Q.; Karch, Hannelore

    This German language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three levels of the…

  11. Know Your Laws. Czechoslovakian.

    ERIC Educational Resources Information Center

    Watson, Joan Q.; Ziembinski, Vera

    This Czechoslovakian language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three…

  12. Know Your Laws. Polish.

    ERIC Educational Resources Information Center

    Watson, Joan Q.; Kopania, Margaret

    This Polish language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three levels of the…

  13. Know Your Laws. Italian.

    ERIC Educational Resources Information Center

    Watson, Joan Q.

    This Italian language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult students with law they will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three levels of the…

  14. Know Your Laws. Spanish.

    ERIC Educational Resources Information Center

    Watson, Joan Q.; Ackerson, Leonor

    This Spanish language version of "Know Your Laws" consists of 24 self-contained modules designed to acquaint the Florida adult student with laws she/he will meet in everyday life; fundamentals of local, state, and federal governments; and the criminal and juvenile justice systems. (The 130 objectives are categorized in the first three levels of…

  15. Science and the Law.

    ERIC Educational Resources Information Center

    Kennedy, Donald; Merrill, Richard A.

    2000-01-01

    Explaines the role of the Carnegie Commission which was formed to explore the relationship between the disciplines of science, technology, and the law. Discusses concerns about the individual right of privacy in projects such as the Human Genome Project. Focuses on the panel on Science, Technology, and Law which was established in 1999. (YDS)

  16. Teaching Information Technology Law

    ERIC Educational Resources Information Center

    Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.

    2009-01-01

    In this paper we discuss an approach to the teaching of information technology law to higher education computing students that attempts to prepare them for professional computing practice. As information technology has become ubiquitous its interactions with the law have become more numerous. Information technology practitioners, and in particular…

  17. Lotka's Law Revisited.

    ERIC Educational Resources Information Center

    Potter, William Gray

    1981-01-01

    Discusses the literature that has become associated with Lotka's Law of Scientific Productivity (a general theoretical estimate of author productivity in the sciences) and attempts to identify the important factors of Lotka's original methodology that should be considered when attempting to test applicability of Lotka's Law. Forty-seven references…

  18. Information Law and Copyright.

    ERIC Educational Resources Information Center

    Marx, Peter A.

    1986-01-01

    Because of information law's inability to keep up with rapid changes in information technology and impreciseness of the law, copyrighting of databases poses unique problems. Interpretation of fair use doctrine, privately owned computer "downloading," impact of federal electronic filing, and questions concerning information businesses need to be…

  19. Law Studies Curriculum.

    ERIC Educational Resources Information Center

    Seminole County Board of Public Instruction, Sanford, FL. Dept. of Curriculum Services.

    This law studies curriculum guide describes a course designed to provide secondary students with the opportunity to acquire an understanding of the U.S. legal process. The law studies course is intended to develop corresponding concepts and skills in conjunction with the content presented. The content areas of the curriculum include: (1)…

  20. Social Studies: Law Education.

    ERIC Educational Resources Information Center

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  1. Reinventing Howard's Law School.

    ERIC Educational Resources Information Center

    Glenn, Gwendolyn

    2001-01-01

    Describes efforts by Alice Gresham Bullock, dean of the Howard University School of Law, to improve the school (including building a new library and improving relations with faculty) and restore Howard to its previous stature as a leader in civil rights law. (EV)

  2. Teachers and the Law.

    ERIC Educational Resources Information Center

    Fischer, Louis; And Others

    This book is designed to promote legal literacy for public school teachers. It examines a wide range of constitutional, statutory, and case law that directly affects their work. Its purpose is to provide teachers with the knowledge necessary to comply with the law, assert their rights, and bring violations to the attention of administrators and…

  3. Charles' Law of Gases.

    ERIC Educational Resources Information Center

    Petty, John T.

    1995-01-01

    Describes an experiment that uses air to test Charles' law. Reinforces the student's intuitive feel for Charles' law with quantitative numbers they can see, introduces the idea of extrapolating experimental data to obtain a theoretical value, and gives a physical quantitative meaning to the concept of absolute zero. (JRH)

  4. Law and Marine Science

    ERIC Educational Resources Information Center

    Bockrath, Joseph

    1976-01-01

    The University of Delaware Marine Studies has implemented courses in coastal zone law and policy and maritime law. The courses attempt to integrate the scientist's or engineer's work with public policy formation. The program emphasizes historical and current issues and the economic, cultural, and political forces operating in decision-making…

  5. Indian Law Enforcement History.

    ERIC Educational Resources Information Center

    Etheridge, David

    Written as a tribute to American Indian law enforcement officers and the Indian Criminal Justice System, this monographh details the history of the legislative, judicial, financial, and cultural problems associated with the development of Indian law enforcement. Citing numerous court cases, pieces of legislation, and individual and organizational…

  6. The Law of Elasticity

    ERIC Educational Resources Information Center

    Cocco, Alberto; Masin, Sergio Cesare

    2010-01-01

    Participants estimated the imagined elongation of a spring while they were imagining that a load was stretching the spring. This elongation turned out to be a multiplicative function of spring length and load weight--a cognitive law analogous to Hooke's law of elasticity. Participants also estimated the total imagined elongation of springs joined…

  7. Language and the Law.

    ERIC Educational Resources Information Center

    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…

  8. Laws for Young Mountaineers.

    ERIC Educational Resources Information Center

    Kanawha County Board of Education, Charleston, WV.

    This booklet introduces secondary grade students to the criminal laws of West Virginia. It can easily be adapted and used by educators in other states. The authors believe that young people must recognize and understand these laws and the mechanisms which society uses to implement and enforce them if they are to function as an integral, important,…

  9. Pop Goes the Law

    ERIC Educational Resources Information Center

    Harper, Steven J.

    2013-01-01

    The Law School Admission Council recently reported that applications were heading toward a 30-year low, reflecting, as a "New York Times" article put it, "increased concern over soaring tuition, crushing student debt, and diminishing prospects of lucrative employment upon graduation." Since 2004 the number of law-school applicants has dropped from…

  10. Chemical Laws, Idealization and Approximation

    ERIC Educational Resources Information Center

    Tobin, Emma

    2013-01-01

    This paper examines the notion of laws in chemistry. Vihalemm ("Found Chem" 5(1):7-22, 2003) argues that the laws of chemistry are fundamentally the same as the laws of physics they are all "ceteris paribus" laws which are true "in ideal conditions". In contrast, Scerri (2000) contends that the laws of chemistry are…

  11. Child Labor Laws in Mississippi.

    ERIC Educational Resources Information Center

    Robbins, Jerry H.

    Child labor laws have not attracted much attention in recent years. Much of the basic legislation and the case law dates from the early part of the 20th century. This paper discusses the Mississippi statutory law on the subject, compares that law with legislation in five other States, and discusses case law in Mississippi and in other States.…

  12. Sexuality and Australian law.

    PubMed

    Kirby, Michael

    2005-01-01

    The author describes the changing legal environment concerning same-sex relationships in the common law world with special reference to Australia. He refers to shifts in public opinion recorded in opinion polls; important decisions of human rights courts and tribunals; and changes in national law and court decisions. He then reviews the Australian constitutional setting which divides lawmaking responsibility on such subjects between the federal, State and Territory legislatures. He describes initiatives adopted in the States and Territories and the more modest changes effected in federal law and practice. He concludes on a note of optimism concerning Australia's future reforms affecting discrimination on the grounds of sexuality.

  13. Epilepsy and criminal law.

    PubMed

    Paul, G M; Lange, K W

    1992-04-01

    Automatic episodes of aggressive or violent behaviour may occur during or after an epileptic fit. Epileptic automatisms are regarded by the law as 'insane automatisms'. A person who commits a crime during the course of a seizure is therefore legally insane and must be committed to a psychiatric hospital. The law of insanity is inappropriate when applied to epileptic automatisms. A change in the law is therefore necessary to remove epileptic offenders from the legal ambit of insanity, and to save them the threat of detention in a mental hospital as a consequence of their crime.

  14. Anomalous law of cooling

    SciTech Connect

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Rubí, J. Miguel; Oliveira, Fernando A.

    2015-03-14

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton’s law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  15. Anomalous law of cooling

    NASA Astrophysics Data System (ADS)

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Rubí, J. Miguel; Oliveira, Fernando A.

    2015-03-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  16. Anomalous law of cooling.

    PubMed

    Lapas, Luciano C; Ferreira, Rogelma M S; Rubí, J Miguel; Oliveira, Fernando A

    2015-03-14

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  17. The LSU Law Center -- Canada Bijuralism Conference. Introduction: Global Law and the Law School Curriculum.

    ERIC Educational Resources Information Center

    Costonis, John J.

    2002-01-01

    Introduces papers from a conference focused on the bijural programs of Louisiana State University Law Center and McGill University Faculty of Law. The programs educate all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  18. Automatism, medicine and the law.

    PubMed

    Fenwick, P

    1990-01-01

    The law on automatism is undergoing change. For some time there has been a conflict between the medical and the legal views. The medical profession believes that the present division between sane and insane automatism makes little medical sense. Insane automatism is due to an internal factor, that is, a disease of the brain, while sane automatism is due to an external factor, such as a blow on the head or an injection of a drug. This leads to the situation where, for example, the hypoglycaemia resulting from injected insulin would be sane automatism, while hypoglycaemia while results from an islet tumour would be insane automatism. This would not matter if the consequences were the same. However, sane automatism leads to an acquittal, whereas insane automatism leads to committal to a secure mental hospital. This article traces the development of the concept of automatism in the 1950s to the present time, and looks at the anomalies in the law as it now stands. It considers the medical conditions of, and the law relating to, epilepsy, alcohol and drug automatism, hypoglycaemic automatisms, transient global amnesia, and hysterical automatisms. Sleep automatisms, and offences committed during a somnambulistic automatism, are also discussed in detail. The article also examines the need of the Courts to be provided with expert evidence and the role that the qualified medical practitioner should take. It clarifies the various points which medical practitioners should consider when assessing whether a defence of automatism is justified on medical grounds, and in seeking to establish such a defence. The present law is unsatisfactory, as it does not allow any discretion in sentencing on the part of the judge once a verdict of not guilty by virtue of insane automatism has been passed. The judge must sentence the defendant to detention in a secure mental hospital. This would certainly be satisfactory where violent crimes have been committed. However, it is inappropriate in

  19. Disobeying Immoral Laws.

    ERIC Educational Resources Information Center

    Israel, Elfie

    1994-01-01

    Describes how one teacher continued to teach after becoming pregnant, even though this was against school policy. Reminds teachers that Henry Thoreau claimed it is moral to disobey an immoral law. (HB)

  20. The Biogenetic Law

    ERIC Educational Resources Information Center

    Kapadia, Ramesh

    1975-01-01

    A criterion for development of syllabi for mathematics courses is discussed. This criterion is based on the biogenetic law that individuals develop through all the stages of the development of the species. (SD)

  1. Preventive Law on Campus.

    ERIC Educational Resources Information Center

    Ward, Paul; Tribbensee, Nancy

    2003-01-01

    Discusses how, by fostering a teamwork relationship between administrators and university attorneys, the preventive law approach can effectively identify risks and develop strategies and policies in advance of any individual legal dispute. (EV)

  2. The "Natural Law Tradition."

    ERIC Educational Resources Information Center

    Finnis, John

    1986-01-01

    A discussion of natural law outlines some of the theory and tradition surrounding it and examines its relationship to the social science and legal curriculum and to the teaching of jurisprudence. (MSE)

  3. The matching law

    PubMed Central

    Killeen, Peter

    1972-01-01

    The matching law may be viewed either as an empirical generalization, and therby subject to disproof, or as part of a system of equations used to define the utility (“value”) of a reinforcer. In the latter case it is tautologous, and not subject to disproof within the defining context. A failure to obtain matching will most often be a signal that the independent variables have not been properly scaled. If, however, the proper transformations have been made on the independent variables, and matching is not obtained, the experimental paradigm may be outside the purview of the matching law. At that point, reinterpretations or revisions of the law are called for. The theoretical matching law is but one of many possible ways to define utility, and it may eventually be rejected in favor of a more useful definition. PMID:16811604

  4. Potential conservation laws

    SciTech Connect

    Kunzinger, Michael; Popovych, Roman O.

    2008-10-15

    We prove that potential conservation laws have characteristics depending only on local variables if and only if they are induced by local conservation laws. Therefore, characteristics of pure potential conservation laws have to essentially depend on potential variables. This statement provides a significant generalization of results of the recent paper by Bluman et al. [J. Math. Phys. 47, 113505 (2006)]. Moreover, we present extensions to gauged potential systems, Abelian and general coverings, and general foliated systems of differential equations. An example illustrating possible applications of these results is given. A special version of the Hadamard lemma for fiber bundles and the notions of weighted jet spaces are proposed as new tools for the investigation of potential conservation laws.

  5. Patent Law for Computer Scientists

    NASA Astrophysics Data System (ADS)

    Closa, Daniel; Gardiner, Alex; Giemsa, Falk; Machek, Jörg

    More than five centuries ago the first patent statute was passed by the Venetian senate. It already had most of the features of modern patent law, recognizing the public interest in innovation and granting exclusive right in exchange for a full disclosure. Some 350 years later the industrial revolution led to globalisation. The wish to protect intellectual property on a more international level evolved and supranational treaties were negotiated. Patent laws are still different in many countries, however, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices. The procedures at the USPTO, JPO and EPO and, in particular, the differences in the treatment of applications centring on software are briefly explained. In later sections of this book, a wealth of examples will be presented. The methodology behind the treatment of these examples is explained.

  6. Consequences of Lotka's Law for the Law of Bradford.

    ERIC Educational Resources Information Center

    Egghe, L.

    1985-01-01

    After discussion of the equivalency of the information laws of Bradford, Leimkuhler, Lotka, and Mandelbrot, aberrations from Leimkuhler's law (including "Groos droop" as encountered in practice) are studied. Other aberrations of Leimkuhler's law are explained, starting from generalization of verbal formulation of Bradford's Law. (18 references)…

  7. Rediscovering Kepler's laws using Newton's gravitation law and NASA data

    NASA Astrophysics Data System (ADS)

    Springsteen, Paul; Keith, Jason

    2010-03-01

    Kepler's three laws of planetary motion were originally discovered by using data acquired from Tycho Brache's naked eye observations of the planets. We show how Kepler's third law can be reproduced using planetary data from NASA. We will also be using Newton's Gravitational law to explain why Kepler's three laws exist as they do.

  8. Developing and Teaching a Foreign-Language Course for Law Students.

    ERIC Educational Resources Information Center

    Curran, Vivian

    1993-01-01

    A course in French offered at the University of Pittsburgh (Pennsylvania) law school is described. It is designed to familiarize law students with appropriate language for communicating with French-speaking clients and for understanding references to the French legal system and European Community likely to arise in international law practice. (MSE)

  9. 22 CFR 128.9 - Proceedings before and report of Administrative Law Judge.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Law Judge. 128.9 Section 128.9 Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS ADMINISTRATIVE PROCEDURES § 128.9 Proceedings before and report of Administrative Law Judge. (a) The Administrative Law Judge may conform any part of the proceedings before him or her to the...

  10. 22 CFR 128.9 - Proceedings before and report of Administrative Law Judge.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Law Judge. 128.9 Section 128.9 Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS ADMINISTRATIVE PROCEDURES § 128.9 Proceedings before and report of Administrative Law Judge. (a) The Administrative Law Judge may conform any part of the proceedings before him or her to the...

  11. 50 CFR 300.33 - Compliance with applicable national laws.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable...

  12. 50 CFR 300.33 - Compliance with applicable national laws.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable...

  13. 50 CFR 300.122 - Relation to other laws.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false Relation to other laws. 300.122 Section 300.122 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS Vessels of the United States Fishing in Colombian Treaty Waters § 300.122 Relation to other...

  14. 50 CFR 300.33 - Compliance with applicable national laws.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 11 2014-10-01 2014-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable...

  15. 50 CFR 300.33 - Compliance with applicable national laws.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 50 Wildlife and Fisheries 11 2012-10-01 2012-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable...

  16. 50 CFR 300.33 - Compliance with applicable national laws.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 11 2013-10-01 2013-10-01 false Compliance with applicable national laws. 300.33 Section 300.33 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS South Pacific Tuna Fisheries § 300.33 Compliance with applicable...

  17. 50 CFR 300.122 - Relation to other laws.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Relation to other laws. 300.122 Section 300.122 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS Vessels of the United States Fishing in Colombian Treaty Waters § 300.122 Relation to other...

  18. Water laws and concepts

    USGS Publications Warehouse

    Thomas, H.E.

    1970-01-01

    Throughout human history various laws and customs have developed concerning the individual rights and rights in common to the waters of the earth. Many existing laws and concepts are clearly influenced by the environment in which they originated and reflect the relative abundance or scarcity of water. Many concepts reflect the people's original interests in the water and once established have been passed from generation to generation with little modification. Some laws and concepts have been carried by people in their migrations and colonial expansions to vastly different environments, with rather curious consequences. In many places water laws that had been well adapted to the natural environment have become less tenable because of man's activities in modifying that environment, or because of increasing use of water: Increasing consumptive use shifts the water economy toward lesser abundance or increasing deficiency; increasing nonconsumptive use results in pollution of the water resources, so that they become less suitable for other users. The water-rights systems in the United States vary from State to State: some are reasonably fitted to their environment, some have outlived their place in history, some are wasteful of water, some show favoritism to certain special interests or segments of the population. Water-use rights are universally recognized as real property, with constitutional protection against deprivation without due process of law.

  19. Fractal probability laws.

    PubMed

    Eliazar, Iddo; Klafter, Joseph

    2008-06-01

    We explore six classes of fractal probability laws defined on the positive half-line: Weibull, Frechét, Lévy, hyper Pareto, hyper beta, and hyper shot noise. Each of these classes admits a unique statistical power-law structure, and is uniquely associated with a certain operation of renormalization. All six classes turn out to be one-dimensional projections of underlying Poisson processes which, in turn, are the unique fixed points of Poissonian renormalizations. The first three classes correspond to linear Poissonian renormalizations and are intimately related to extreme value theory (Weibull, Frechét) and to the central limit theorem (Lévy). The other three classes correspond to nonlinear Poissonian renormalizations. Pareto's law--commonly perceived as the "universal fractal probability distribution"--is merely a special case of the hyper Pareto class.

  20. "Insanity" in civil law.

    PubMed

    Kern, S R

    1986-07-01

    The issue of "insanity" is rarely alluded to in the area of civil law. As a consequence, the legal standard for insanity is not clearly understood by many psychiatrists. The standard derives from case law and is based upon statutory law in the criminal sector. A civil case will be presented where the question of "insanity" was raised. In this case an individual committed suicide and his insurance company refused to pay the beneficiaries of his life insurance policy based upon a provision in his policy that excluded payment in situations of suicide. His beneficiaries sued, claiming that the deceased was insane at the time of his suicide and therefore not responsible for his actions. The standard for insanity in New Jersey and the reasoning of the psychiatrists will be presented.

  1. Physical Laws for Mechanobiology

    NASA Technical Reports Server (NTRS)

    Freed, Alan D.

    2007-01-01

    Higher-level physical laws applicable to biological tissues are presented that will permit the modeling of metabolic activity at the cellular level, including variations in the mass of a tissue. Here the tissue is represented as a fluid/solid mixture, wherein molecular solutes transport within the fluid, and cells can migrate throughout the porous solid. Variations in mass can arise via exchanges in mass between the constituent phases within a control volume such that mass is conserved in the tissue overall. The governing balance laws for mass, momentum, energy, and entropy are a special case of those describing a chemically reacting mixture with diffusion. Thermodynamic constraints on the constitutive structure are addressed. Biophysics; Biomechanics; Brownian motion; Cell migration; Mixture theory; Thermodynamic laws; Tissue mechanics

  2. Research on the Legislation of Chinese Space Laws

    NASA Astrophysics Data System (ADS)

    Yang, Dongwen

    2002-01-01

    1 Need and necessity for the legislation of Chinese space activities --Complying with UN treaties and principles on outer space --Adapting to the requirements of market economy --Promoting the further development of Chinese space activities --Developing international space cooperation 2 Research method for legislation of Chinese space activities The research method is ROCCIPI. This method was introduced into China with the project "Legislation Supports Economy Reform" supported by the UN Office of Development Planning - By analyzing the correlations among the seven factors: Rule, Opportunity, Capacity, Communication, Interest, Process and Ideology, the optimal legal measures can be found . Such analysis and research works on the master law of Chinese space activities have been made in the paper. 3 Research of international treaties &principles on outer space, and of national space laws of other countries. Studies have been made in this paper on many aspects of international outer space laws, such as framework, development stage, current characteristics, new problems will be faced with in new century, and development tendency in the future, etc. Based on the investigation and study of national space laws of other countries, analyses and researches on national space law have been made in the paper from some aspects, such as legislative purpose, legislative aim, legislative form, legislative content and etc, and some enlightenments, which can be used for reference in the legislation of Chinese Space Laws, are found. 4 Framework of Chinese Space Laws The jurisdiction of Chinese Space Laws lies in three areas: space technology - space applications and space science. Chinese Space Laws are divided into 3 levels: Master law, Administration Regulations of the State Council of the P.R.C, Rules of governmental sectors. 5 Conclusions and Suggestions --The legislation of Chinese Space Activities should be strengthened --More attentions should be paid to the research work in

  3. The trespasses of property law.

    PubMed

    Wall, Jesse

    2014-01-01

    The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

  4. Law 20-30: Teacher Resource Manual.

    ERIC Educational Resources Information Center

    King, John; Jackson, Landis

    Law 20, in the Alberta (Canada) educational system, is an introductory course with three core modules: (1) "Nature of Law and Civil Law System," (2) "Contract Law," and (3) "Family Law." Law 30 consists of (1) "Basic Rights and Responsibilities," (2) "Labour Law," and (3) "Property Law." Two optional modules are available in each course if it is…

  5. Discipline and the Law.

    ERIC Educational Resources Information Center

    Zirkel, Perry A.

    1996-01-01

    Some superintendents'"zero-tolerance" stance on guns, drugs, and disruptive student behavior conflicts with federal laws (Individuals with Disabilities Act and Americans with Disabilities Act), which apply a "zero-reject" policy to many categories of students with disabilities. Superintendents should revamp policies and practices and think twice…

  6. Athletics and the Law.

    ERIC Educational Resources Information Center

    Appenzeller, Herb

    This book answers questions concerning athletics and the law. The chapters include trends in litigation, disruptive behavior, the changing attitude of the court toward married athletes, training rules, and good conduct codes. They include the problem of athletic travel, the changing role of state athletic associations with their diverse rules,…

  7. School Law Update--1977.

    ERIC Educational Resources Information Center

    McGhehey, M. A., Ed.

    This book is a collection of 26 addresses made at the 23rd annual convention of the National Organization on Legal Problems of Education. It discusses issues surrounding school law in elementary, secondary, and higher education in 1977 and before. Some of the topics covered include collective bargaining, employee layoff, sex discrimination and…

  8. Law in Outer Space.

    ERIC Educational Resources Information Center

    Schmidt, William G.

    1997-01-01

    Provides an overview of the current practice and fascinating future of legal issues involved in outer space exploration and colonization. Current space law, by necessity, addresses broad principles rather than specific incidents. Nonetheless, it covers a variety of issues including commercial development, rescue agreements, object registration,…

  9. The Gas Laws

    ERIC Educational Resources Information Center

    Raman, V. V.

    1973-01-01

    Inquires into the individual names and dates which are associated with the various perfect gas laws on the basis of published and historically researched works. Indicates the presence of eight features in giving a scientist credit for a scientific discovery. (CC)

  10. Lectures on Law Enforcement.

    ERIC Educational Resources Information Center

    Nettleship, Lois

    Three lectures on law enforcement are presented that were prepared for study purposes at Johnson County Community College. The first lecture examines the fundamental ideas of the Age of Enlightenment and discusses their influence on the American Revolution, the United States Constitution, and the Bill of Rights. Major provisions of the Bill of…

  11. Wisconsin Law Review.

    ERIC Educational Resources Information Center

    Wisconsin Univ., Madison. Law School.

    A substantial portion of this issue of the Wisconsin Law Review is devoted to collective negotiations in higher education. Articles included are: "The Status and Trends of Collective Negotiations for Faculty in Higher Education," by Donald H. Wollett; "The Scope of Collective Bargaining in Higher Education," by Michael H. Moskow; "Collective…

  12. Law as Focus.

    ERIC Educational Resources Information Center

    Blythe, Joan Heiges

    1989-01-01

    Shows how teachers can increase students' general appreciation of literature and improve students' writing skills by studying literature with legal issues and images of the law. Cites several examples of such literature, including Geoffrey Chaucer's "Canterbury Tales," William Shakespeare's "Measure for Measure," and Jonathan Swift's "Gulliver's…

  13. [Epilepsy and Canon Law].

    PubMed

    Bonduelle, M

    1987-01-01

    The Canon Law (Codex Iuris Canonici), promulgated in 1917, was a classification of laws and jurisprudence which ruled the early Church, governed the ecclesiastical condition of Roman Church until its reorganisation in 1983. It forbade to be ordained or to exercise orders already received to "those who are or were epileptics either not quite in their right mind or possessed by the Evil One". All the context and in particular the paragraph which treated of bodily lacks, indicated that between these three conditions, there was juxtaposition and no confusion. The texts specified the foundations of these dispositions, not in a malefic view of epilepsy inherited from Morbus Sacer of Antiquity, but in decency and on account of risk incured by Eucharist in case of fit. Some derogations could attenuate the severity of these dispositions--as jurisprudence had taken progresses of Epileptology and therapeutics into consideration. In the new Code of Canon Law (1983) physical disabilities were removed from the text and also possessed evil and epilepsy, the only impediment being "insanity or other psychic defect" appreciation of which is done by experts. Concerning poorly controlled epilepsies, we believe that experts will be allowed to express their opinion and a new jurisprudence will make up for the silence of the law.

  14. Law and the Consumer.

    ERIC Educational Resources Information Center

    Idleman, Hillis K.

    One of eleven modules developed for secondary school consumer education, this document emphasizes the need of the consumer, especially the disadvantaged consumer, to understand the law and the protection it can offer. The material is presented in three columns: understandings (usually formulated as questions followed by commentary), suggested…

  15. Public Relations & the Law.

    ERIC Educational Resources Information Center

    Walsh, Frank

    This monograph synthesizes the laws and regulations that form the basis of the right to representation in the court of public opinion by all who would seek to influence public and private decisions. It expresses the framework of human and social values that underlie this constitutional freedom and that give public relations and other management…

  16. Preventive Law Curriculum Guide.

    ERIC Educational Resources Information Center

    Henderson, Martha V.; Gullatt, David E.; Hardin, Dawn T.; Jannik, Catherine; Tollett, John R.

    This curriculum guide presents a context for preservice education and/or professional development in education law for teachers. Section 1, "Teacher Liability," discusses "Duty to Supervise,""Providing Reasonable Care,""Duty,""Preventing Student-to-Student Sexual Harassment,""Reporting Child Abuse,""Issuing Permission Slips,""Defense for…

  17. Environment Law Review--1970.

    ERIC Educational Resources Information Center

    Sherrod, H. Floyd; And Others

    This is the first of several volumes to be published annually in the field of environmental law. It contains material from periodicals published in early 1970, 1969, and several articles of special significance which appeared in periodicals bearing 1968 dates. It has been collected primarily for lawyers so they may have, in convenient reference…

  18. Reading and the Law.

    ERIC Educational Resources Information Center

    Harper, Robert J., II, Ed.; Kilarr, Gary, Ed.

    The seven articles in this book examine the complex issues raised by new laws that affect reading instruction. The following topics are discussed: the origins of judicial activism in education; the decline in support for public education and in esteem for educators; reflected by the shift in responsibility for educational policy making; the…

  19. Environmental Law II.

    ERIC Educational Resources Information Center

    Continuing Legal Education in Colorado, Inc., Denver.

    Presented are papers delivered at a 1976 Colorado environmental law conference. Included in the publication are the conference schedule, the text of nine papers, background information on authors, and bibliography listings for each paper. Titles and topics of the papers are the following: (1) Water Resources Development and the Environment…

  20. Team Teaching School Law

    ERIC Educational Resources Information Center

    Vanko, John G.; Rogina, Raymond P.

    2005-01-01

    Graduate students preparing themselves for a career in school administration are typically apprehensive about the legal issues they will face in their first administrative position. After teaching school law for the first time, the author believed that there had to be a more effective way to reach these students rather than the traditional methods…

  1. Desegregation Law; An Introduction.

    ERIC Educational Resources Information Center

    Integrated Education Associates, Evanston, IL.

    This booklet is comprised of the following: (i) School desegregation law: recent developments (by J. Harold Flannery), dealing with several threshold questions such as: What is illegal school segregation? What must be done about it and by whom? What will be the role of the courts after desegregation? (ii) School desegregation--the past five years,…

  2. School Law: Background Checks.

    ERIC Educational Resources Information Center

    Splitt, David A.

    1988-01-01

    In an Oklahoma case, the district court ruled that the school district had failed to investigate the background of a teacher convicted of a second sexual abuse charge. School districts should examine personnel polices and practices, and the school lawyer should review state laws, regulations, and court cases. (MLF)

  3. Boyle's Law Experiment.

    ERIC Educational Resources Information Center

    Hermens, Richard A.

    1983-01-01

    Suggests that ideal experiments fit into course time constraints and be meaningful, relevant to course content, safe, inexpensive, simple, reproducible, and easy to set up/maintain. Describes a Boyle's Law experiment that uses a minimum of equipment and meets the foregoing criteria. Apparatus used, procedures, and safety precautions are…

  4. A Boyle's Law Demonstrator.

    ERIC Educational Resources Information Center

    Sathe, Dileep V.

    1984-01-01

    The usual apparatus for demonstrating Boyle's law produces reasonably accurate results, but is not impressive as a demonstration because students cannot easily appreciate the change in pressure. An apparatus designed to produce a more effective demonstration is described. Procedures employed are also described. (JN)

  5. Charles's Law- -The Truth.

    ERIC Educational Resources Information Center

    Spurgin, CB

    1989-01-01

    Errors in the teaching of the concepts of Charles's Law are traced back through history to a major French physics text published in 1816. Relevant original sources are quoted and remedies are suggested. Five major criticisms are summarized. (Author/CW)

  6. ADHD and School Law.

    ERIC Educational Resources Information Center

    Gregg, Soleil

    A review of the research and legal literature summarizes the status of attention deficit hyperactivity disorder (ADHD) under school law. Following a brief introduction, discussion of ADHD as a disability notes the impact of ADHD on overall functioning and provides a table of diagnostic criteria for subtypes of ADHD. The following section focuses…

  7. Demonstrating Newton's Second Law.

    ERIC Educational Resources Information Center

    Fricker, H. S.

    1994-01-01

    Describes an apparatus for demonstrating the second law of motion. Provides sample data and discusses the merits of this method over traditional methods of supplying a constant force. The method produces empirical best-fit lines which convincingly demonstrate that for a fixed mass, acceleration is proportional to force. (DDR)

  8. Archie's law - a reappraisal

    NASA Astrophysics Data System (ADS)

    Glover, Paul W. J.

    2016-07-01

    When scientists apply Archie's first law they often include an extra parameter a, which was introduced about 10 years after the equation's first publication by Winsauer et al. (1952), and which is sometimes called the "tortuosity" or "lithology" parameter. This parameter is not, however, theoretically justified. Paradoxically, the Winsauer et al. (1952) form of Archie's law often performs better than the original, more theoretically correct version. The difference in the cementation exponent calculated from these two forms of Archie's law is important, and can lead to a misestimation of reserves by at least 20 % for typical reservoir parameter values. We have examined the apparent paradox, and conclude that while the theoretical form of the law is correct, the data that we have been analysing with Archie's law have been in error. There are at least three types of systematic error that are present in most measurements: (i) a porosity error, (ii) a pore fluid salinity error, and (iii) a temperature error. Each of these systematic errors is sufficient to ensure that a non-unity value of the parameter a is required in order to fit the electrical data well. Fortunately, the inclusion of this parameter in the fit has compensated for the presence of the systematic errors in the electrical and porosity data, leading to a value of cementation exponent that is correct. The exceptions are those cementation exponents that have been calculated for individual core plugs. We make a number of recommendations for reducing the systematic errors that contribute to the problem and suggest that the value of the parameter a may now be used as an indication of data quality.

  9. Hubble's Law Implies Benford's Law for Distances to Galaxies

    NASA Astrophysics Data System (ADS)

    Hill, Theodore P.; Fox, Ronald F.

    2016-03-01

    A recent article by Alexopoulos and Leontsinis presented empirical evidence that the first digits of the distances from the Earth to galaxies are a reasonably good fit to the probabilities predicted by Benford's law, the well known logarithmic statistical distribution of significant digits. The purpose of the present article is to give a theoretical explanation, based on Hubble's law and mathematical properties of Benford's law, why galaxy distances might be expected to follow Benford's law. The new galaxy-distance law derived here, which is robust with respect to change of scale and base, to additive and multiplicative computational or observational errors, and to variability of the Hubble constant in both time and space, predicts that conformity to Benford's law will improve as more data on distances to galaxies becomes available. Conversely, with the logical derivation of this law presented here, the recent empirical observations may be viewed as independent evidence of the validity of Hubble's law.

  10. Law, Pirates, and Piracy

    ERIC Educational Resources Information Center

    Middleton, Tiffany Willey

    2010-01-01

    Maritime piracy has increasingly been in the news, and in the courtroom, in recent years. This article presents an interview with international legal and overseas piracy expert Douglas Guilfoyle. In this interview, Guilfoyle discusses why piracy is a growing problem and some of the challenges it creates for the international community. He also…

  11. International Adoption: Current Status and Future Prospects.

    ERIC Educational Resources Information Center

    Bartholet, Elizabeth

    1993-01-01

    Laws regulating adoption are varied and complex in countries that offer children for international adoption (IA), while United States Immigration laws pose additional obstacles to Americans wishing to adopt foreign-born children. Declarations by the United Nations and the development of a convention on IA by the Hague Conference offer some hope…

  12. International Child Abduction Prevention Act of 2009

    THOMAS, 111th Congress

    Rep. Smith, Christopher H. [R-NJ-4

    2009-07-16

    09/14/2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  13. 77 FR 26413 - Promoting International Regulatory Cooperation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-04

    ... global economy, international regulatory cooperation, consistent with domestic law and prerogatives and U... HOUSE, May 1, 2012. [FR Doc. 2012-10968 Filed 5-3-12; 8:45 am] Billing code 3295-F2-P...

  14. Guide to International Studies at Canadian Universities = Guide pour les etudes internationales aux universites Canadiennes.

    ERIC Educational Resources Information Center

    Johnston, Pari, Ed.

    Included in this guide is a list of 65 Canadian universities and colleges offering programs in international and Native studies. Programs encompass area studies, international development, international relations, international business, international law, international agriculture, and international and comparative education. Also included are…

  15. Healthy by law: heading towards a brave new world?

    PubMed

    Gignon, Maxime; Ganry, Olivier; Manaouil, Cécile

    2012-12-01

    The law is a tool used by Government to protect public health. Health is an omnipresent preoccupation, inviting each one of us to protect ourselves against potential risks at all times and in all places. The right to health protection is a source of benefit entitlements and rights-obligations that render it effective. However, believing that the law can and should regulate all sectors of human life, still a utopian belief. International law suffers from intrinsic weaknesses that limit its effectiveness. The current economic context has lead to stricter controls over healthcare expenditure faced with the ever-growing demand for treatment, limiting the right to healthcare protection. Through health law, the State has developed controls over individuals. Individual liberties tend to be limited to the cause of the public health policy. Healthy by law, raises a question: are we heading towards a brave new world as described by Aldous Huxley?

  16. Integrating health law and health policy: a European perspective.

    PubMed

    Legemaate, Johan

    2002-05-01

    Health law is intended to create an environment in which the promotion of health goes hand in hand with the protection of individual rights and the general principles of equality and justice. Over the years, the importance of health law has grown, both at national and international level. As health and human rights are closely interlinked, it is important to integrate health law and health policy. It is to be expected that, especially in Europe, the impact of health law on health policy-making will increase as a result of several developments, e.g. the internationalization of health care and health policy, the issue of consumer protection and the legalization of society. This requires a strategy to stimulate the fruitful relationship between health policy and health law. The most important components of this strategy are discussed.

  17. Vermont Law School's Unique Master of Studies in Environmental Law.

    ERIC Educational Resources Information Center

    Suagee, Dean B.

    2003-01-01

    Vermont Law School offers a 1-year master of studies in environmental law for which the only prerequisite is a bachelor's degree. A fellowship program waives tuition and provides stipends for American Indians taking the program. Courses on federal Indian law complement the program. The Native community at nearby Dartmouth College provides social…

  18. Bayes and the Law

    PubMed Central

    Fenton, Norman; Neil, Martin; Berger, Daniel

    2016-01-01

    Although the last forty years has seen considerable growth in the use of statistics in legal proceedings, it is primarily classical statistical methods rather than Bayesian methods that have been used. Yet the Bayesian approach avoids many of the problems of classical statistics and is also well suited to a broader range of problems. This paper reviews the potential and actual use of Bayes in the law and explains the main reasons for its lack of impact on legal practice. These include misconceptions by the legal community about Bayes’ theorem, over-reliance on the use of the likelihood ratio and the lack of adoption of modern computational methods. We argue that Bayesian Networks (BNs), which automatically produce the necessary Bayesian calculations, provide an opportunity to address most concerns about using Bayes in the law. PMID:27398389

  19. Ethics and Law

    NASA Astrophysics Data System (ADS)

    Vilacoba Ramos, Andrés

    2007-04-01

    Ethics are the set of moral rules that govern human conduct. Hegel, for his part, asserted that ethicity implied the full realization of freedom, as well as the suppression of it as arbitrariness. In this paper, we point out that, through the relation between Law and Ethics, we can discover how high are the Ethics of a society, as well as the adherence of its members to it.

  20. Upstream health law.

    PubMed

    Sage, William M; McIlhattan, Kelley

    2014-01-01

    For the first time, entrepreneurs are aggressively developing new technologies and business models designed to improve individual and population health, not just to deliver specialized medical care. Consumers of these goods and services are not yet "patients"; they are simply people. As this sector of the health care industry expands, it is likely to require new forms of legal governance, which we term "upstream health law." PMID:25565619

  1. Laws of population growth.

    PubMed

    Rozenfeld, Hernán D; Rybski, Diego; Andrade, José S; Batty, Michael; Stanley, H Eugene; Makse, Hernán A

    2008-12-01

    An important issue in the study of cities is defining a metropolitan area, because different definitions affect conclusions regarding the statistical distribution of urban activity. A commonly employed method of defining a metropolitan area is the Metropolitan Statistical Areas (MSAs), based on rules attempting to capture the notion of city as a functional economic region, and it is performed by using experience. The construction of MSAs is a time-consuming process and is typically done only for a subset (a few hundreds) of the most highly populated cities. Here, we introduce a method to designate metropolitan areas, denoted "City Clustering Algorithm" (CCA). The CCA is based on spatial distributions of the population at a fine geographic scale, defining a city beyond the scope of its administrative boundaries. We use the CCA to examine Gibrat's law of proportional growth, which postulates that the mean and standard deviation of the growth rate of cities are constant, independent of city size. We find that the mean growth rate of a cluster by utilizing the CCA exhibits deviations from Gibrat's law, and that the standard deviation decreases as a power law with respect to the city size. The CCA allows for the study of the underlying process leading to these deviations, which are shown to arise from the existence of long-range spatial correlations in population growth. These results have sociopolitical implications, for example, for the location of new economic development in cities of varied size. PMID:19033186

  2. Sexuality and the law.

    PubMed

    Portelli, C J

    1998-01-01

    Federal, state, and local laws in the US now govern almost every aspect of sexuality. This includes sexuality at the workplace, sexuality education, adolescent sexuality, access to sexuality information and sexually explicit materials, sexual orientation, and sexually transmitted disease(STD)/HIV transmission. Almost 33% of the US Supreme Court's docket this past term concerned sexuality issues. In contrast to 50 years ago, when sexuality law was confined to the criminal arena, contemporary "sex crimes" primarily relate to nonconsensual and exploitative behaviors. It is time for lawmakers, judges, lawyers, policy analysts, lobbyists, and advocates to realize they cannot legislate or litigate how, when, or why people fall in love. Rather, the role of the law should be to create and preserve models of justice and equality that seek to preserve one's individual rights to privacy and freedom to choose in matters related to one's sexuality. This includes free access to age-appropriate sexuality information, the right to marriage and children regardless of sexual orientation, comprehensive sexuality education that encompasses information about avoiding unwanted pregnancies and HIV/STDs, access to contraception and abortion, protection from sexually abusive or exploitative relationships, and access to sexual health care. PMID:12295182

  3. Enforcing pollution control laws

    SciTech Connect

    Russell, C.S.; Harrington, W.; Vaughan, W.J.

    1986-01-01

    The heightened environmental consciousness of the 1970s prompted passage of a multitude of ambitious and unprecedented laws designed to clean up the environment and protect it for future generations. But beyond the mere passing of laws lay the difficult tasks of implementing, monitoring, and enforcing them. The authors of this book describe the current state of air and water pollution monitoring and enforcement activity a decade later, within the context of relevant legal, technological, and statistical developments. They mediate between the concerns of the theoretical literature-where it is generally assumed that violations are discovered and punished-and the real world-where violations are rarely discovered and almost never punished. Monitoring and enforcement procedures to date have been aimed at achieving initial rather than continuing compliance with regulations. The authors contend that it is time for a new approach focusing on the enduring problems of compliance. Economic models are used to show the extent of the difficulties involved in monitoring and enforcing pollution control laws on a continuous basis.

  4. Henry's Law and Noisy Knuckles.

    ERIC Educational Resources Information Center

    Kimbrough, Doris R.

    1999-01-01

    Discusses Henry's Law which describes the relationship between the pressure of gas and the concentration of that gas in a solution. Presents an application of Henry's Law to the cracking of knuckles. (CCM)

  5. Turning around Newton's Second Law

    ERIC Educational Resources Information Center

    Goff, John Eric

    2004-01-01

    Conceptual and quantitative difficulties surrounding Newton's second law often arise among introductory physics students. Simply turning around how one expresses Newton's second law may assist students in their understanding of a deceptively simple-looking equation.

  6. Conservation law for self-paced movements.

    PubMed

    Huh, Dongsung; Sejnowski, Terrence J

    2016-08-01

    Optimal control models of biological movements introduce external task factors to specify the pace of movements. Here, we present the dual to the principle of optimality based on a conserved quantity, called "drive," that represents the influence of internal motivation level on movement pace. Optimal control and drive conservation provide equivalent descriptions for the regularities observed within individual movements. For regularities across movements, drive conservation predicts a previously unidentified scaling law between the overall size and speed of various self-paced hand movements in the absence of any external tasks, which we confirmed with psychophysical experiments. Drive can be interpreted as a high-level control variable that sets the overall pace of movements and may be represented in the brain as the tonic levels of neuromodulators that control the level of internal motivation, thus providing insights into how internal states affect biological motor control.

  7. Conservation law for self-paced movements.

    PubMed

    Huh, Dongsung; Sejnowski, Terrence J

    2016-08-01

    Optimal control models of biological movements introduce external task factors to specify the pace of movements. Here, we present the dual to the principle of optimality based on a conserved quantity, called "drive," that represents the influence of internal motivation level on movement pace. Optimal control and drive conservation provide equivalent descriptions for the regularities observed within individual movements. For regularities across movements, drive conservation predicts a previously unidentified scaling law between the overall size and speed of various self-paced hand movements in the absence of any external tasks, which we confirmed with psychophysical experiments. Drive can be interpreted as a high-level control variable that sets the overall pace of movements and may be represented in the brain as the tonic levels of neuromodulators that control the level of internal motivation, thus providing insights into how internal states affect biological motor control. PMID:27418602

  8. International Reports.

    ERIC Educational Resources Information Center

    Valauskas, Edward J.; Crosby, John, IV; Haycock, Ken; Oh, Mary

    1999-01-01

    Includes the following international reports: International Federation of Library Associations and Institutions; Special Libraries Association; and Trends and Issues in Library and Information Services in Canada, 1998. (AEF)

  9. Realising social justice in public health law.

    PubMed

    Fox, Marie; Thomson, Michael

    2013-03-01

    Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.

  10. Second law violations, continuum mechanics, and permeability

    NASA Astrophysics Data System (ADS)

    Ostoja-Starzewski, Martin

    2016-03-01

    The violations of the second law are relevant as the length and/or time scales become very small. The second law then needs to be replaced by the fluctuation theorem and mathematically, the irreversible entropy is a submartingale. First, we discuss the consequences of these results for the axioms of continuum mechanics, arguing in favor of a framework relying on stochastic functionals of energy and entropy. We next determine a Lyapunov function for diffusion-type problems governed by stochastic rather than deterministic functionals of internal energy and entropy, where the random field coefficients of diffusion are not required to satisfy the positive definiteness everywhere. Next, a formulation of micropolar fluid mechanics is developed, accounting for the lack of symmetry of stress tensor on molecular scales. This framework is then applied to employed to show that spontaneous random fluctuations of the microrotation field will arise in Couette—and Poiseuille-type flows in the absence of random (turbulence-like) fluctuations of the classical velocity field. Finally, while the permeability is classically modeled by the Darcy law or its modifications, besides considering the violations of the second law, one also needs to account for the spatial randomness of the channel network, implying a modification of the hierarchy of scale-dependent bounds on the macroscopic property of the network.

  11. Immigration Law & the American Dream.

    ERIC Educational Resources Information Center

    Parrini, Michelle, Ed.; Parins, Claire, Ed.; Kittlaus, Jennifer, Ed.; Bliss, Pam, Ed.

    2001-01-01

    This magazine is designed to help high school teachers of civics, government, history, law, and law-related education program developers educate students about legal issues. This issue focuses on immigration law and the American Dream. It includes 11 articles: (1) "U.S. Immigration Policy and Globalization" (P. Martin; S. Martin) explains how the…

  12. Lawyers, Law Students, and People.

    ERIC Educational Resources Information Center

    Shaffer, Thomas L.; Redmount, Robert S.

    Despite the myths and the movies, law teaching does little more than the most obvious things for its students. It is a sometimes clever, often boring, initiation rite for the legal profession, and it serves up reams of information about the law. However, the materials of law are the materials of human beings, and these experiences have to be…

  13. Practical Law in New Mexico.

    ERIC Educational Resources Information Center

    Smith, Melinda, Ed.

    This book was written for teachers and students as a New Mexico supplement to "Street Law: A Course in Practical Law" (West Publishing Company, 1980), a text used in many high school law classes. The book may also be used as a teacher and student resource for civics, government, and other courses in the high school curriculum, or lay people might…

  14. Freedom under Law. Revised edition.

    ERIC Educational Resources Information Center

    Denver Public Schools, CO.

    This pamphlet identifies and explains Colorado laws as they apply to juveniles and adults. The handbook was specifically developed to help teenagers know how the laws protect them and how they are expected to comply with them. Two short sections discuss the necessity of having laws and give definitions of 12 legal terms such as felony and petty…

  15. Higher Education and the Law.

    ERIC Educational Resources Information Center

    Edwards, Harry T.; Nordin, Virginia Davis

    The proliferation of laws, regulations, and judicial opinions affecting higher education and the nature of the impact of these laws on the academic community are examined. Designed for use by both students and practitioners, the book employs the "case method" design based on the belief that law cases furnish the best sources for study and review…

  16. Estimation in the Power Law.

    ERIC Educational Resources Information Center

    Thomas, Hoben

    1981-01-01

    Psychophysicists neglect to consider how error should be characterized in applications of the power law. Failures of the power law to agree with certain theoretical predictions are examined. A power law with lognormal product structure is proposed and approximately unbiased parameter estimates given for several common estimation situations.…

  17. Accommodating Law Faculty with Disabilities.

    ERIC Educational Resources Information Center

    Tucker, Bonnie Poitras; Smith, Joseph F., Jr.

    1996-01-01

    The obligations of law schools, under federal law, to accommodate faculty with disabilities are examined. Employment provisions of the 1990 Americans with Disabilities Act and the Rehabilitation Act of 1973 and the definition of a disabled individual are reviewed, and real and hypothetical scenarios in hiring and employing law teachers are…

  18. Tax Breaks for Law Students.

    ERIC Educational Resources Information Center

    Button, Alan L.

    1981-01-01

    A guide to federal income tax law as it affects law students is presented. Some costs that may constitute valuable above-the-line deductions are identified: moving expenses, educational expenses, job-seeking expenses, and income averaging. Available from Washington and Lee University School of Law, Lexington, VA 24450, $5.50 sc) (MLW)

  19. Law-Focused Education: Iowa.

    ERIC Educational Resources Information Center

    University of Northern Iowa, Cedar Falls. Malcolm Price Lab. School.

    This law-focused resource booklet is intended to help secondary level students learn about the civil law portion of Iowa's judicial system. The materials are designed to help students understand how to deal with conflict in a peaceful and orderly manner and how to cope with decision making in personal law situations as related to the family, the…

  20. International Relations: A Student's Guide to Reference Resources.

    ERIC Educational Resources Information Center

    Silvester, Elizabeth

    Intended for students, this annotated bibliography describes reference materials in International Relations that may be found in either the McLennan or Law Library of McGill University. Scope includes political science, international law, and related areas in the social and behavioral sciences, but titles which relate to the foreign relations of a…

  1. International energy outlook 1994

    SciTech Connect

    Not Available

    1994-07-01

    The International Energy Outlook 1994 (IEO94) presents an assessment by the Energy Information Administration (EIA) of the outlook for international energy markets between 1990 and 2010. The report is provided as a statistical service to assist energy managers and analysts, both in government and in the private sector. These forecasts are used by international agencies, Federal and State governments, trade associations, and other planners and decisionmakers. They are published pursuant to the Depart. of Energy Organization Act of 1977 (Public Law 95-91), Section 205(c). The IEO94 projections are based on US and foreign government policies in effect on October 1, 1993-which means that provisions of the Climate Change Action Plan unveiled by the Administration in mid-October are not reflected by the US projections.

  2. Chemical Laws, Idealization and Approximation

    NASA Astrophysics Data System (ADS)

    Tobin, Emma

    2013-07-01

    This paper examines the notion of laws in chemistry. Vihalemm ( Found Chem 5(1):7-22, 2003) argues that the laws of chemistry are fundamentally the same as the laws of physics they are all ceteris paribus laws which are true "in ideal conditions". In contrast, Scerri (2000) contends that the laws of chemistry are fundamentally different to the laws of physics, because they involve approximations. Christie ( Stud Hist Philos Sci 25:613-629, 1994) and Christie and Christie ( Of minds and molecules. Oxford University Press, New York, pp. 34-50, 2000) agree that the laws of chemistry are operationally different to the laws of physics, but claim that the distinction between exact and approximate laws is too simplistic to taxonomise them. Approximations in chemistry involve diverse kinds of activity and often what counts as a scientific law in chemistry is dictated by the context of its use in scientific practice. This paper addresses the question of what makes chemical laws distinctive independently of the separate question as to how they are related to the laws of physics. From an analysis of some candidate ceteris paribus laws in chemistry, this paper argues that there are two distinct kinds of ceteris paribus laws in chemistry; idealized and approximate chemical laws. Thus, while Christie ( Stud Hist Philos Sci 25:613-629, 1994) and Christie and Christie ( Of minds and molecules. Oxford University Press, New York, pp. 34--50, 2000) are correct to point out that the candidate generalisations in chemistry are diverse and heterogeneous, a distinction between idealizations and approximations can nevertheless be used to successfully taxonomise them.

  3. An Interface between Law and Science: The Climate Change Regime

    NASA Astrophysics Data System (ADS)

    Kuleshov, Y.; Grandbois, M.; Kaniaha, S.

    2012-04-01

    Law and Science are jointly building the international climate change regime. Up to date, international law and climate science have been unable to take into consideration both regional law and Pacific climate science in this process. Under the International Climate Change Adaptation Initiative (the Australian Government Initiative to assist with high priority climate adaptation needs in vulnerable countries in the Asia-Pacific region) significant efforts were dedicated to improve understanding of climate in the Pacific through the Pacific Climate Change Science Program (PCCSP) and through the Pacific Adaptation Strategy Assistance Program (PASAP). The first comprehensive PCCSP scientific report on the South Pacific climate has been published in 2011. Under the PASAP, web-based information tools for seasonal climate prediction have been developed and now outputs from dynamical climate model are used in 15 countries of the North-West and South Pacific for enhanced prediction of rainfall, air and sea surface temperatures which reduces countries' vulnerability to climate variability in the context of a changing climate. On a regional scale, the Meteorological and Geohazards Department of Vanuatu is preparing a full report on Climate change impacts on the country. These scientific reports and tools could lead to a better understanding of climate change in the South Pacific and to a better understanding of climate change science, for lawyers and policy-makers. The International climate change regime develops itself according to science findings, and at the pace of the four scientific reports issued by the Intergovernmental Panel on Climate Change (IPCC). In return, Law is a contributing factor to climate change, a structural data in the development and perception of environmental issues and it exerts an influence on Science. Because of the dependency of law on science, the PCCSP and PASAP outcomes will also stimulate and orientate developments in law of the Pacific

  4. The Emerging Significance of Biotechnology for the Study of International Relations.

    ERIC Educational Resources Information Center

    Wiegele, Thomas C.

    1990-01-01

    Considers biotechnology's influence on international relations, focusing on agriculture, environmental issues, law, commerce, and biological warfare. Claims that, because biotechnology cuts across international boundaries and affects public and private interests, it necessitates the rethinking of international systems theory. Urges international…

  5. Store Security: Internal Shrinkage Control.

    ERIC Educational Resources Information Center

    Everhardt, Richard M.

    The document presents a 10-week training program designed to provide helpful and proven methods for controlling internal shrinkage in retail stores. Shrinkage includes the three problems of shoplifting, employee theft, and errors, each of which is addressed by the course. Ohio's laws are also discussed. The format for the course content section is…

  6. Environmental law institute

    SciTech Connect

    Futrell, J.W.

    1993-10-01

    Congress and the Clinton Administration must consider reauthorizing some of the country's most important environmental statutes during a time of increasing environmental concern and decreasing financial resources. The debate over the U.S. environmental direction is fierce; yet if history is any guide, the result of the commotion will be better policy. The constant tugging and pulling may slog the law-making process, but resulting policy is often much better because of it. Fundamental policy issues continue to be as pertinent today as they were in the 1970s.

  7. On integrable conservation laws

    PubMed Central

    Arsie, Alessandro; Lorenzoni, Paolo; Moro, Antonio

    2015-01-01

    We study normal forms of scalar integrable dispersive (not necessarily Hamiltonian) conservation laws, via the Dubrovin–Zhang perturbative scheme. Our computations support the conjecture that such normal forms are parametrized by infinitely many arbitrary functions that can be identified with the coefficients of the quasi-linear part of the equation. Moreover, in general, we conjecture that two scalar integrable evolutionary partial differential equations having the same quasi-linear part are Miura equivalent. This conjecture is also consistent with the tensorial behaviour of these coefficients under general Miura transformations. PMID:25568614

  8. Epilepsy and law.

    PubMed

    Beran, Roy G

    2008-05-01

    Epilepsy can define who one is rather than the diagnosis one has. It may be considered under the rubric of disability with legislative protection against discrimination. Those seeking remedy should investigate alternative dispute resolution in preference to litigation. Many areas of the life of a person with epilepsy deserve examination when considering epilepsy and law. Just some of these include: duty of care; informed consent; driving; research; social interactions; insurance; recreational pursuits; employment; and privacy. This article examines the legal implications and ramifications of these selected topics, acknowledging that the limited scope of the article has only exposed the tip of the iceberg to encourage further exploration. PMID:18234559

  9. X-38 Experimental Controls Laws

    NASA Technical Reports Server (NTRS)

    Munday, Steve; Estes, Jay; Bordano, Aldo J.

    2000-01-01

    X-38 Experimental Control Laws X-38 is a NASA JSC/DFRC experimental flight test program developing a series of prototypes for an International Space Station (ISS) Crew Return Vehicle, often called an ISS "lifeboat." X- 38 Vehicle 132 Free Flight 3, currently scheduled for the end of this month, will be the first flight test of a modem FCS architecture called Multi-Application Control-Honeywell (MACH), originally developed by the Honeywell Technology Center. MACH wraps classical P&I outer attitude loops around a modem dynamic inversion attitude rate loop. The dynamic inversion process requires that the flight computer have an onboard aircraft model of expected vehicle dynamics based upon the aerodynamic database. Dynamic inversion is computationally intensive, so some timing modifications were made to implement MACH on the slower flight computers of the subsonic test vehicles. In addition to linear stability margin analyses and high fidelity 6-DOF simulation, hardware-in-the-loop testing is used to verify the implementation of MACH and its robustness to aerodynamic and environmental uncertainties and disturbances.

  10. The politics of space - Who owns what? Earth law for space

    NASA Technical Reports Server (NTRS)

    Hosenball, S. N.

    1983-01-01

    Topics of concern in developing space law, i.e., international disagreements, the present status of space law, and requirements for future space activities, are discussed. Factors inhibiting agreements include governments that wish to control specific regions of GEO, the refusal of several countries to permit international DBS television broadcasts over their boundaries, the possibility that weapons may be placed in space, and the lack of international laws governing humans and industries in space. It is noted that any state entering an international agreement has relinquished some of its sovereignty. The Outer Space Treaty has removed celestial bodies from claims of national appropriation. States retain sovereignty over their citizens who travel in space, a problematical concept once internationally-manned settlements in space or on the moon are established. It is recommended that space law develop mainly in reaction to the implementation of new space capabilities in order to avoid hindering space activities.

  11. Arms control and the rule of law

    SciTech Connect

    Tanzman, E.A.

    1995-03-01

    Many who speak of the end of the Cold War emphasize the warming of international relations when they speak of the momentous consequences of this event. According to this image, the half century since Trinity has been a period of sparse international communication during which the Eastern and Western blocs hibernated in their isolated dens of security alliances. Yet it is equally valid to consider the implications of the end of the war footing that has underlain the policies of all of the major military powers during the last fifty years. While meaningful international dialogue was in a state of relative lethargy during much of this period, the military establishments of the Great Powers were actively engaged in using as much force as possible in their efforts to control world affairs, short of triggering a nuclear holocaust. International discourse, at least in English, was rife with such military images as appeasement, containment, crisis stability, and tripwires. From the military posture of the U.S. and Russia a tense peace ironically emerged, but the terms by which decisions were made about controlling weapons of mass destruction (i.e., nuclear, chemical, and biological weapons) were the terms of war. The thesis of this paper is that the end of the Cold War marks a shift away from reliance on military might toward an international commitment to control weapons of mass destruction through the rule of law developed by John Rawls. The progression of agreements during this century to limit weapons of mass destruction testifies to this new development. A review of arms control agreements that the U.S. is a part of show clear growth of the rule of law as the world has left the Cold War.

  12. PSYCHIATRY AND THE LAW

    PubMed Central

    Zeifert, Mark

    1957-01-01

    In Rex vs. Arnold (1724) it was held that to avail himself of the defense of insanity “a man must be totally deprived of his understanding and memory, so as not to know what he is doing, no more than an infant, a brute, or a wild beast.” Although there has been some modification of this formula in most jurisdictions, the courts still operate under the McNaghten Rule (1843) which is no more logical and actually is more difficult to apply. That such a situation exists in 1956 is a reflection on the indifference of society—and particularly the courts which it elects—as well as on the failure of modern psychiatry to communicate its viewpoint to society. If we are to correct the sad formulae of the “right and wrong” and “policeman at the elbow” tests, we must have more study and better methods of communication in this area. A similar state of confusion exists in the methods of commitment of mentally ill people to psychiatric hospitals. The methods prescribed by law are archaic and cruel—and again reflect the failure of modern psychiatry to communicate its understanding to the legislatures and courts. There are many other areas of conflict between law (which looks to the past for its insights) and psychiatry (which seeks for its concepts in the current scientific advances). PMID:13383383

  13. Psychiatry and the law.

    PubMed

    ZEIFERT, M

    1957-01-01

    In Rex vs. Arnold (1724) it was held that to avail himself of the defense of insanity "a man must be totally deprived of his understanding and memory, so as not to know what he is doing, no more than an infant, a brute, or a wild beast." Although there has been some modification of this formula in most jurisdictions, the courts still operate under the McNaghten Rule (1843) which is no more logical and actually is more difficult to apply. That such a situation exists in 1956 is a reflection on the indifference of society-and particularly the courts which it elects-as well as on the failure of modern psychiatry to communicate its viewpoint to society. If we are to correct the sad formulae of the "right and wrong" and "policeman at the elbow" tests, we must have more study and better methods of communication in this area.A similar state of confusion exists in the methods of commitment of mentally ill people to psychiatric hospitals. The methods prescribed by law are archaic and cruel-and again reflect the failure of modern psychiatry to communicate its understanding to the legislatures and courts. There are many other areas of conflict between law (which looks to the past for its insights) and psychiatry (which seeks for its concepts in the current scientific advances).

  14. Fault tolerant control laws

    NASA Technical Reports Server (NTRS)

    Ly, U. L.; Ho, J. K.

    1986-01-01

    A systematic procedure for the synthesis of fault tolerant control laws to actuator failure has been presented. Two design methods were used to synthesize fault tolerant controllers: the conventional LQ design method and a direct feedback controller design method SANDY. The latter method is used primarily to streamline the full-state Q feedback design into a practical implementable output feedback controller structure. To achieve robustness to control actuator failure, the redundant surfaces are properly balanced according to their control effectiveness. A simple gain schedule based on the landing gear up/down logic involving only three gains was developed to handle three design flight conditions: Mach .25 and Mach .60 at 5000 ft and Mach .90 at 20,000 ft. The fault tolerant control law developed in this study provides good stability augmentation and performance for the relaxed static stability aircraft. The augmented aircraft responses are found to be invariant to the presence of a failure. Furthermore, single-loop stability margins of +6 dB in gain and +30 deg in phase were achieved along with -40 dB/decade rolloff at high frequency.

  15. 26 CFR 1.1312-8 - Law applicable in determination of error.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 11 2010-04-01 2010-04-01 true Law applicable in determination of error. 1.1312-8 Section 1.1312-8 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED..., exclusion, omission, allowance, disallowance, recognition, or nonrecognition is determined under...

  16. Relations between Continuous Versions of Bibliometric Laws.

    ERIC Educational Resources Information Center

    Rousseau, Ronald

    1990-01-01

    Demonstrates how the addition of a third "hidden" variable to the two parameters in Lotka's law makes this law equivalent, in a strictly logical sense, with Mandelbrot's law. Similarly, Lotka's inverse square law is made equivalent with Leimkuhler's law. It is also shown how Pareto's law fits into this framework. (29 references) (Author/CLB)

  17. Justifying Torture: Explaining Democratic States' Noncompliance with International Humanitarian Law

    ERIC Educational Resources Information Center

    Kanstroom, Emily

    2007-01-01

    On June 28, 1951, France ratified the 1949 Geneva Conventions, which prohibited the torture of prisoners of war. On August 2, 1955, the United States of America ratified the same document. Between 1954 and 1962, France fought a war against Algeria, which sought its independence from colonial rule. From September 11, 2001 until the present, the…

  18. [Military medical service and international humanitarian law (literature review)].

    PubMed

    Radysh, Ia F; Mehed', V P; Badiuk, M I; Mel'nyk, O M; Andriienko, O Ia

    2004-12-01

    Three periods of the development of military medical service management in Ukraine can be outlined according to the findings of the conducted study, they are the following: formation (1992-1994), consolidation and development (the end of 1994-2003), functional and structural transformation (2004). Leading tendencies of the formation of the management of medical military service in the period are shown in the article to be democratization and structural order of units of the system of the management of military service, integration of efforts and resources of medical military service in one medically covered area of the state, introduction and intensive expansion in army prophylactic and treatment institutions of wide spectrum of requiring payment medical service, rendering out-patient medical service to armed forces personnel and pensioner of Ministry of Defense by family physicians, orientation toward effective management. PMID:15771081

  19. International Students as Peer Tutors: Is It Lawful?

    ERIC Educational Resources Information Center

    Leach-López, Maria A.

    2010-01-01

    Students enrolled in Principles of Accounting courses might require peer tutoring services. Accounting Departments (schools) can assist these students by maintaining a list of students offering tutoring services for a fee. The opportunity to be included in the list of tutors must be offered to all university students, both domestic and foreign.…

  20. Life imprisonment: recent issues in national and international law.

    PubMed

    van Zyl Smit, Dirk

    2006-01-01

    This article notes that, because understandings of what life imprisonment means are often ambiguous, the life sentence is sometimes perceived to be relatively uncontroversial. Life imprisonment without the prospect of parole for children under the age of 18 years is the most extreme form of this sentence that can be imposed. However, in the United States of America even such sentences have only recently become the subject of public debate. In contrast, in a small but growing number of jurisdictions all life sentences are regarded as constitutionally suspect and contrary to human rights, whilst in the majority of jurisdictions the imposition of life imprisonment is strictly limited. The article traces recent developments in the imposition and implementation of life imprisonment that have evoked some controversy. It pays particular attention to attempts that have been made in practice to ensure that life imprisonment produces punishment that is proportionate to the crime. It points out, however, that a renewed focus on combating dangerous offenders through indeterminate preventive sentences has blunted even this modest safeguard. It warns that this tendency increases the risk of life imprisonment being an unfairly harsh penalty.

  1. [Military medical service and international humanitarian law (literature review)].

    PubMed

    Radysh, Ia F; Mehed', V P; Badiuk, M I; Mel'nyk, O M; Andriienko, O Ia

    2004-12-01

    Three periods of the development of military medical service management in Ukraine can be outlined according to the findings of the conducted study, they are the following: formation (1992-1994), consolidation and development (the end of 1994-2003), functional and structural transformation (2004). Leading tendencies of the formation of the management of medical military service in the period are shown in the article to be democratization and structural order of units of the system of the management of military service, integration of efforts and resources of medical military service in one medically covered area of the state, introduction and intensive expansion in army prophylactic and treatment institutions of wide spectrum of requiring payment medical service, rendering out-patient medical service to armed forces personnel and pensioner of Ministry of Defense by family physicians, orientation toward effective management.

  2. Zipf law: an extreme perspective

    NASA Astrophysics Data System (ADS)

    Eliazar, Iddo

    2016-04-01

    Extreme value theory (EVT) asserts that the Fréchet law emerges universally from linearly scaled maxima of collections of independent and identically distributed random variables that are positive-valued. Observations of many real-world sizes, e.g. city-sizes, give rise to the Zipf law: if we rank the sizes decreasingly, and plot the log-sizes versus the log-ranks, then an affine line emerges. In this paper we present an EVT approach to the Zipf law. Specifically, we establish that whenever the Fréchet law emerges from the EVT setting, then the Zipf law follows. The EVT generation of the Zipf law, its universality, and its associated phase transition, are analyzed and described in detail.

  3. Videofile for Law Enforcement

    NASA Technical Reports Server (NTRS)

    1977-01-01

    Components of a videotape storage and retrieval system originally developed for NASA have been adapted as a tool for law enforcement agencies. Ampex Corp., Redwood City, Cal., built a unique system for NASA-Marshall. The first application of professional broadcast technology to computerized record-keeping, it incorporates new equipment for transporting tapes within the system. After completing the NASA system, Ampex continued development, primarily to improve image resolution. The resulting advanced system, known as the Ampex Videofile, offers advantages over microfilm for filing, storing, retrieving, and distributing large volumes of information. The system's computer stores information in digital code rather than in pictorial form. While microfilm allows visual storage of whole documents, it requires a step before usage--developing the film. With Videofile, the actual document is recorded, complete with photos and graphic material, and a picture of the document is available instantly.

  4. LAWS hurricane studies

    NASA Technical Reports Server (NTRS)

    Molinari, John

    1995-01-01

    The Laser Atmospheric Wind Sounder (LAWS) has recently been deselected from the Earth Observing System (EOS). A broad range of orbital altitudes and laser power are being considered for future wind lidar missions. As a result, as was anticipated in the proposed work, it may be impossible to meaningfully study tropical cyclones with lidar wind data because data coverage (i.e., swath width) is insufficient. Research on this grant has focused on how to maximize the benefits of a wind lidar regardless of the choice of platform or laser. Our studies have shown that major unsolved problems in tropical meteorology relate to the structure, dynamics, and role in tropical cyclogenesis of 'easterly waves'. These disturbances exist almost everywhere in the global subtropics. Results are described that focus upon easterly wave impacts on eastern Pacific tropical cyclogenesis. The availability of wind lidar data would create tremendous opportunities for the study of these waves and their role in the general circulation.

  5. Feminism, law, and bioethics.

    PubMed

    Rothenberg, K H

    1996-03-01

    Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of the Maryland Health Care Decisions Act. The article concludes that gender does matter and that an understanding of feminist legal theory and practice will enrich the analysis of contemporary bioethical issues.

  6. Threats to international science

    NASA Astrophysics Data System (ADS)

    Kisslinger, Carl

    The role of nongovernmental organizations (NGOs) as effective agents for promoting world science is seriously threatened. It is ironic that the threat comes from Norway and Denmark, two countries that have demonstrated a deep commitment to individual freedom and human rights. Motivated by a sincere desire to express their strongest disapproval of the “apartheid” policies of the government of the Republic of South Africa, these countries have passed laws that have the effect of rejecting the International Council of Scientific Unions (ICSU) principles of nondiscrimination and free circulation of scientists.

  7. [New context for the Individual Healthcare Professions Act (BIG law)].

    PubMed

    Sijmons, Jaap G; Winter, Heinrich B; Hubben, Joep H

    2014-01-01

    In 2013 the Dutch Individual Healthcare Professions Act (known as the BIG law) was evaluated for the second time. The research showed that patients have limited awareness of the registration of healthcare professionals and that the system of reserved procedures is almost unknown. On the other hand, healthcare institutions (especially hospitals) frequently check the register, as do healthcare insurance companies when contracting institutions. Knowledge of the reserved procedures system is moderate amongst professionals too, while the organisation of care is to a great extent based on this system. Since the change of system in 2006 quality assurance in professional practice has been much more rooted in the internal structure of care; in this way, the BIG law did not go the way the legislator intended. According to the researchers, this has not prevented the BIG law from still playing an essential function. Indeed, the BIG law has not reached its final destination, but it may reach its goal via another route.

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

    PubMed

    Brown, Jennifer

    2016-01-01

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

  9. Evaluating the laws defining blindness.

    PubMed

    Hoppe, E

    1992-06-01

    The law defining legal blindness was written in 1935, and has not been updated since. A historical view of the background in the development of this law and a comparison to laws used in other countries helps to point out some problems with the current definition. As the population gets older, the prevalence of visual impairment will be increasing. To administer programs, distribute funding, and ensure adequate care, the problems inherent in the definition of legal blindness must be addressed, and the law must be revised. PMID:1634739

  10. 41 CFR 102-117.145 - What are coastwise laws?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false What are coastwise laws? 102-117.145 Section 102-117.145 Public Contracts and Property Management Federal Property Management... Restrictions That Affect International Transportation of Freight and Household Goods § 102-117.145 What...

  11. Teaching of Administrative Law in the New Grade of Law

    ERIC Educational Resources Information Center

    Domínguez Alonso, Patricia

    2012-01-01

    The teaching of Administrative Law in the new grade of law poses numerous challenges and opportunities in the new model of Bologna. It's really important work of research and students in class presentations. It is also important to motivate students to study the issues and cases brought before classes and to use virtual platforms to interact with…

  12. Library Laws Handbook: State Laws Relating to Michigan Libraries.

    ERIC Educational Resources Information Center

    Michigan Library, Lansing.

    This document presents excerpts and copies of state laws relating to Michigan libraries. The following are included: the Preamble of the Constitution of Michigan of 1963; Legislative Council Act (excerpt); Incompatible Public Offices; Freedom of Information Act; Open Meetings Act; Laws, Documents, and Reports (excerpts); Administrative Procedures…

  13. Educational Opportunities in "Law and Medicine" in Law Schools

    ERIC Educational Resources Information Center

    Hirsh, Harold L.

    1975-01-01

    Noting the rapid expansion of forensic or legal medicine the author reports a survey conducted to determine the medical-legal education opportunities in American law schools. Findings showed that in 73 percent of the schools courses in law and medicine or forensic psychiatry are offered but many are limited in scope. (JT)

  14. Everyday Law for Children. The Everyday Law Series

    ERIC Educational Resources Information Center

    Herring, David J.

    2006-01-01

    This book provides an accessible introduction to laws that affect children and families, and the dominant public debates that surround and drive these laws. Using real-world examples, the book exposes the tension between reliance on the private, autonomous family and the public's desire to secure child wellbeing. A look at some public systems,…

  15. Bijuralism in Law's Empire and in Law's Cosmos.

    ERIC Educational Resources Information Center

    Kasirer, Nicholas

    2002-01-01

    Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing knowledge over…

  16. Experimental Verification of Boyle's Law and the Ideal Gas Law

    ERIC Educational Resources Information Center

    Ivanov, Dragia Trifonov

    2007-01-01

    Two new experiments are offered concerning the experimental verification of Boyle's law and the ideal gas law. To carry out the experiments, glass tubes, water, a syringe and a metal manometer are used. The pressure of the saturated water vapour is taken into consideration. For educational purposes, the experiments are characterized by their…

  17. Living Together under the Law: An Elementary Education Law Guide.

    ERIC Educational Resources Information Center

    Gallagher, Arlene F.

    Designed for use by teachers in grades 1 through 6, this program is intended to teach children about the nature and function of rules and law. The program is comprised of 10 sequential themes. The first three themes are that rules and laws are essential and play an important role in our lives; have certain characteristics in common; and evolve…

  18. Experimental verification of Boyle's law and the ideal gas law

    NASA Astrophysics Data System (ADS)

    Trifonov Ivanov, Dragia

    2007-03-01

    We offer two new experiments concerning the experimental verification of Boyle's law and the ideal gas law. To carry out the experiments we use glass tubes, water, a syringe and a metal manometer. The pressure of the saturated water vapour is taken into consideration. For educational purposes, the experiments are characterized by their accessibility and the considerable precision of results.

  19. Droit International De L'éducation: Une Discipline Nouvelle?

    NASA Astrophysics Data System (ADS)

    Monteiro, Agostinho Reis

    2008-03-01

    INTERNATIONAL EDUCATION LAW: A NEW DISCIPLINE? - Education is one of the most highly regarded "human rights" and one which has been developed most extensively within the International Human Rights Law, so that its normative corpus already forms a very International Education Law. The right to education means a new right to a new education that, in the Rule of Law, may be qualified as Rightful Education. Such an expression is an operating concept for a human rights-based approach to education; that is, for an education no longer envisaged as a right of man over man. It amounts to a new paradigm. It is therefore high time to systematize the International Education Law in order to promote its study and the introduction of a legal dimension into pedagogic culture.

  20. When Do Laws Matter? National Minimum-Age-of-Marriage Laws, Child Rights, and Adolescent Fertility, 1989–2007

    PubMed Central

    Kim, Minzee; Longhofer, Wesley; Boyle, Elizabeth Heger; Nyseth, Hollie

    2014-01-01

    Using the case of adolescent fertility, we ask the questions of whether and when national laws have an effect on outcomes above and beyond the effects of international law and global organizing. To answer these questions, we utilize a fixed-effect time-series regression model to analyze the impact of minimum-age-of-marriage laws in 115 poor- and middle-income countries from 1989 to 2007. We find that countries with strict laws setting the minimum age of marriage at 18 experienced the most dramatic decline in rates of adolescent fertility. Trends in countries that set this age at 18 but allowed exceptions (for example, marriage with parental consent) were indistinguishable from countries that had no such minimum-age-of-marriage law. Thus, policies that adhere strictly to global norms are more likely to elicit desired outcomes. The article concludes with a discussion of what national law means in a diffuse global system where multiple actors and institutions make the independent effect of law difficult to identify. PMID:25525281