Putting the Autonomy Principle into Practice: Moving from a Focus on ‘Competence’ to One on Significant Harm

2017 ◽  
pp. 350-392
Keyword(s):  
Significant Harm

Compulsory civil liability insurance, financial security: An integral component of compensation for ship-source oil pollution damage

2021 ◽  
Vol 33 (2) ◽  
pp. 435-441
Author(s):  
Pham Van Tan
Keyword(s):  
Large Scale ◽  
Oil Spills ◽  
Oil Pollution ◽  
Civil Liability ◽  
Economic Loss ◽  
Liability Insurance ◽  
Financial Security ◽  
Pollution Damage ◽  
Significant Harm ◽  
Oil Tankers

Oil pollution damage caused by oil spills at sea generally occurs on a large scale across numerous regions and countries, causing significant harm to marine ecosystems as well as worldwide economic loss. The costs are so severe in many instances that the owner of the ship responsible for the pollution cannot afford to pay compensation to those who have suffered loss. As a consequence, the need to cover oil pollution damages has given rise to compulsory liability insurance, which provides a financial guarantee against the costs of oil spills. Compulsory civil liability insurance has therefore become an indispensable part of the liability regime for owners of oil tankers and bunkers.

scholarly journals Assessing significant harm to terrestrial ecosystems from contaminated land

2005 ◽  
Vol 21 (1) ◽  
pp. 527-540 ◽  
Author(s):  
R. Smith ◽  
S.J.T. Pollard ◽  
J.M. Weeks ◽  
C.P. Nathanail
Keyword(s):  
Terrestrial Ecosystems ◽  
Contaminated Land ◽  
Significant Harm

Tipaimukh Multipurpose Hydroelectric Project

2017 ◽  
pp. 227-251 ◽  
Author(s):  
Ali Reja Osmani
Keyword(s):  
Climate Change ◽  
Economic Growth ◽  
Indigenous People ◽  
Water Shortage ◽  
Hydroelectric Project ◽  
Significant Harm ◽  
Farakka Barrage ◽  
To Come ◽  
Freshwater Reservoir ◽  
The Right

Moving ahead from the freshwater reservoir versus climate change debate, the Indo-Bangla controversy over the Tipaimukh Project exists over the right of riparian states. India needs more energy to propel its economic growth, whereas Bangladesh is worried about downstream impact. The concerns of Bangladesh are based on the experience of severe water shortage and other impacts of Farakka Barrage and Teesta Barrage and also Himalayan Component of the Interlinking of River Project. Over the years some progress was made at bilateral level. But the major problem remains unaddressed i.e. without reconciling the issues of indigenous people a big dam cannot be constructed. This paper highlighted the existing scenario of Bangladesh and the indigenous people of Manipur in India in one hand and ecological, socio-economic concern in other hand i.e. obligation not to cause significant harm. There is no straight way answers available to be choose between a ‘Yes' or ‘No'; neither depends on the issues of ‘might' over ‘right' or ‘development' over ‘destruction', but on the circumstances to come.

Part III Conceptual Pillars, Ch.16 Harm Prevention

2021 ◽  
Author(s):  
Brunnée Jutta
Keyword(s):  
Environmental Law ◽  
Environmental Harm ◽  
Due Diligence ◽  
International Environmental Law ◽  
Significant Harm ◽  
Actual Harm ◽  
The Face ◽  
Harm Prevention ◽  
The Relationship

This chapter addresses how international environmental law originates from and revolves around the harm prevention rule. It focuses on three points of contention, each related to the role of due diligence in harm prevention, and each highlighted by recent judicial engagements with the harm prevention rule. First, it is generally accepted that a state's obligation to prevent environmental harm is not absolute, but requires due diligence in the face of risk of significant harm. However, it is unclear whether a failure to act diligently to avert harm on its own—absent actual harm—can amount to a breach of the harm prevention rule. Second, the relationship between the procedural and substantive dimensions of the harm prevention rule remains ambiguous. Third, there is some uncertainty as to where the line runs between the harm prevention obligation and the precautionary principle, given the focus of both notions on risk. These inter-related conceptual questions affect the harm prevention rule's function as a reference point for international environmental law.

The Effects of Mega-Mergers

2021 ◽  
pp. 43-54
Author(s):  
John N. Drobak
Keyword(s):  
Economic Theory ◽  
Price Increases ◽  
Merger Regulation ◽  
Financial Benefits ◽  
Significant Harm ◽  
New Firm ◽  
Plant Closures ◽  
The Government ◽  
Economic Considerations

Chapter 4 shows that a good part of the decrease in competition has resulted from the recent wave of large mergers. Merger regulation, which is based solely on economic considerations, is limited to assessing the potential anticompetitive effects among the competing firms, without any consideration of the size alone of the combined firm or the effects on noncompeting firms. In addition, many mergers are justified by a claim of increased efficiencies in the new firm, which is often the result of layoffs and plant closures. Not only does this cause significant job losses, it also hurts families and communities. Even though economic theory does not take these kinds of externalities into account, they are nonetheless harmful consequences of mergers. Numerous studies have shown that many mergers do not result in lower prices, while some mergers have even led to price increases. In these mergers, workers suffered not for the sake of consumers but for the financial benefits reaped by the shareholders and managers of the merging firms and by the professionals who put the deals together. It also appears that investment advisors encourage mergers just so that they can profit from the transactions, regardless of the degree of benefit provided to consumers (or even shareholders). With little or no benefit to consumers from some mergers and significant harm to labor, the chapter argues that we need to reassess how the government should review mergers.

Moderate Adverse Events

2018 ◽  
pp. 146-149
Author(s):  
Corrie E. Chumpitazi
Keyword(s):  
Adverse Events ◽  
Airway Obstruction ◽  
Psychological Factors ◽  
Medical Condition ◽  
Patient Harm ◽  
Patient Factors ◽  
Physiologic Change ◽  
Significant Harm ◽  
And Training

The incidence of sedation-related adverse events depends on (1) the medications used; (2) the type, duration, invasiveness, and location of the procedure; and (3) patient factors (e.g., age, medical condition, psychological factors). For the purposes of this chapter, moderate adverse sedation-related events represent physiologic change that is extremely likely to lead to significant patient harm if unnoticed or responded to ineffectively by the sedationist. Apnea, airway obstruction, and laryngospasm are examples. The relative likelihood of events of this type (1 of every 400 sedation episodes) provides significant impetus for effective preparation and training so that sedationists can effectively respond to these adverse events or preempt them. Even though they are categorized as “moderate” and may not be associated with harm in and of themselves, these events may certainly progress to produce significant harm.

Parental refusal of transfusion on religious grounds: an exception to the standard approach

2007 ◽  
Vol 2 (3) ◽  
pp. 146-148
Author(s):  
M R Mercurio
Keyword(s):  
Intensive Care ◽  
Effective Treatment ◽  
Intensive Care Units ◽  
Religious Freedom ◽  
Standard Approach ◽  
Significant Harm ◽  
Parental Refusal ◽  
Newborn Intensive Care ◽  
Court Intervention

The standard approach to parental refusal of transfusion on religious grounds in many newborn intensive care units and paediatric services is to override the refusal and provide the transfusion, usually with court intervention if time allows. This approach is justified by the child's right to effective treatment, seen to outweigh the parents' right to religious freedom and their right to decide for their child. That justification, however, may be limited by the predicted effectiveness of the transfusion (or any proposed treatment) in preventing significant harm to the child. A case where parental refusal was appropriately respected is briefly discussed.

10. Children needing services, care, and protection

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Family Life ◽  
Local Authority ◽  
The State ◽  
Care Plan ◽  
Significant Harm ◽  
The Law ◽  
The Relationship

This chapter examines the relationship between children, parents, and the state, looking at how the law responds to children needing services, care, and protection. Topics discussed include: Part III of the Children Act 1989; the threshold for compulsory intervention in family life based on the concept of ‘significant harm’; protecting children in an emergency; interim care and supervision orders; the local authority’s care plan and respective roles of the local authority and court; and discharge of care orders.

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