scholarly journals Improving the Mechanism to Examine Judgment Debtor’s Ability to Satisfy Civil Judgments in Vietnam from International Experience

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Nguyen Thi Bich Thao ◽  
Nguyen Thi Huong Giang
Keyword(s):  
The United States ◽  
White Paper ◽  
Civil Procedure ◽  
Lessons Learned ◽  
Washington Dc ◽  
Oxford University ◽  
The United Kingdom ◽  
Current State ◽  
Procedure Code ◽  
Civil Judgment

This article provides an overview of current law and current state of examining conditions of civil judgment enforcement in Vietnam and points out that the main shortcomings are the lack of a court’s supporting mechanism and lack of strict sanctions imposed on judgment debtors and other agencies, organizations and individuals who fail to provide information on the judgment debtor’s assets. The article explores the mechanism for examining of conditions for civil judgment enforcement in several countries such as the United States, the United Kingdom, and Canada and draws some experience for improving the law on examining conditions of civil judgment enforcement in Vietnam. Keywords Civil judgment enforcement, examining judgment debtor’s ability to satisfy civil judgment enforcement References [1] Council of Europe. 2003, “Recommendation Rec(2003)17 of the Committee of Ministers to Member States on Enforcement.” September 9, https://wcd.coe.int/wcd/ViewDoc.jsp?id=65531&Site=COE. [2] Henderson, Keith, Angana Shah, Sandra Elena & Violaine Autheman. 2004. “Regional Best Practices: Enforcement of Court Judgments. Lessons Learned from Latin America.” IFES Rule of Law White Paper Series, International Foundation for Electoral Systems, Washington, DC. [3] Hoàng Thị Thu Trang, Hoàn thiện quy định pháp luật về xác minh điều kiện THADS, Tham luận của Cục THADS tỉnh Nghệ An, http://thads.moj.gov.vn/nghean/noidung/tintuc/lists/nghiencuutraodoi/view_detail.aspx?itemid=13.[4] European Commission for the efficiency of justice, CEPEJ Guidelines for a better implementation of the existing Council of Europe's recommendation on enforcement, https://www.coe.int/t/dghl/cooperation/cepej/textes/Guidelines_en.pdf[5] Wendy A. Kennett, Enforcement of Judgments in Europe, Oxford University Press, 2000.[6] German Civil Procedure Code, https://www.gesetze-im-internet.de/englisch_zpo/englisch_zpo.html.[7] Federal Rules of Civil Procedure, http://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure.[8] California Civil Procedure Code, http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=ccp[9] Procedure for enforcing a judgment: England and Wales, https://e-justice.europa.eu/content_procedures_for_enforcing_a_judgment-52-ew-en.do?member=1[10] British Columbia Law Institute, Report on the Uniform Civil Enforcement of Money Judgment Acts, 2005.[11] Học viện Tư pháp, Giáo trình Nghiệp vụ thi hành án dân sự (Phần Kỹ năng), Tập 1, NXB. Tư pháp, 2017.  

WPS, States, and the National Action Plans

2018 ◽  
pp. 272-290
Author(s):  
Mirsad Miki Jacevic
Keyword(s):  
Security Council ◽  
Local Communities ◽  
High Impact ◽  
Lessons Learned ◽  
Action Plans ◽  
The United Kingdom ◽  
Current State ◽  
Emerging Trends ◽  
Un Security Council ◽  
Peace And Security

Since 2005, UN Security Council Resolution 1325, national action plans (NAPs) have been tools for institutionalizing the women, peace, and security agenda. Yet, gaps remain between their promise and their capacity to facilitate safer, more stable local communities. Inclusive Security’s “high-impact NAP” methodology posits that these plans can only achieve this goal when inclusively designed, effectively monitored and evaluated, adequately resourced, and fully supported politically. Using this framework and illustrative country examples, this chapter reviews NAP progress and challenges to date. Specifically, this chapter provides a close examination of the effectiveness of NAPs in countries such as Germany, the United Kingdom, Iraq, and Japan. In doing so, it critically examines the current “state of the field” and emerging trends (e.g. localization), and offers concluding lessons learned in order to translate women, peace, and security commitments into action. This chapter argues that while NAPs face a number of limitations, they are nevertheless important policy and advocacy mechanisms as they strengthen institutional efforts for change.

scholarly journals A Study on the GIS Professional (GISP) Certification Program in the U.S.

2020 ◽  
Vol 9 (9) ◽  
pp. 523
Author(s):  
Dapeng Li ◽  
Yingru Li ◽  
Quynh C. Nguyen ◽  
Laura K. Siebeneck
Keyword(s):  
New York ◽  
Spatial Patterns ◽  
Urban Areas ◽  
The United States ◽  
Washington Dc ◽  
Certification Program ◽  
Managerial Role ◽  
Current State ◽  
Shed Light ◽  
The U.S

This study examines the characteristics of the members in the most popular Geographic Information Systems (GIS) Professional (GISP) certification program in the United States as well as the spatial patterns of the certified GISPs. The results show that the majority of GISPs (97.3%) are located in urban areas. About 75% of the GISPs are male. Among all the GISPs, 3971 GISPs (43.3%) play a managerial role, while 4983 individuals (54.5%) assume a non-administrative role. Among the GISPs with a non-administrative role, 348 GISPs (7%) fall within the GIS Developer group, 3392 GISPs (68%) belong to the GIS Analyst group, and 1243 GISPs (25%) play other roles. Additionally, in our analysis of spatial patterns, we identified two hotspots and two coldspots. The first hotspot is centered around Idaho and Wyoming, while the second hotspot includes Virginia, Washington DC, and Maryland. One coldspot is along Iowa, Missouri, Arkansas, and Louisiana in the central U.S., while the other coldspot includes states such as Connecticut, New Jersey, and New York on the east coast. The information presented in this study can help GIS educators and practitioners develop a better understanding of the current state of this certification program in the U.S and shed light on how to further improve the GISP certification program.

Recent developments in relations between the United Kingdom and the Argentine Republic in the South Atlantic/Antarctic region

Polar Record ◽  
2013 ◽  
Vol 50 (2) ◽  
pp. 119-127 ◽  
Author(s):  
Klaus Dodds ◽  
Alan D. Hemmings
Keyword(s):  
White Paper ◽  
South Atlantic ◽  
The South ◽  
Antarctic Region ◽  
The United Kingdom ◽  
Current State ◽  
Recent Developments ◽  
Antarctic Treaty ◽  
Overseas Territories ◽  
The Antarctic

ABSTRACTThis article assesses the current state of UK-Argentine relations with reference to the South Atlantic and Antarctic region. Three major themes are pursued: the current state of UK-Argentine relations, with the contested Falklands/Malvinas looming large in the assessment, alongside fisheries management around South Georgia; the mapping of Argentine Antarctic territory in the context of extended continental shelf delimitation; and finally, the recent UK White Paper on Overseas Territories is noted insofar as it marks the most recent public assessment of how the coalition government is attempting to manage the most southerly portions of the British Overseas Territories portfolio. The article concludes with a warning that there is a danger that worsening UK-Argentine relations might begin to have more profound implications for the Antarctic Treaty System as resource, sovereignty and territorial issues acquire more piquancy.

FDA at BIO 2011 – Weighing a hefty mission: Where is the balance?

1969 ◽  
Vol 17 (4) ◽  
Author(s):  
Suzanne Levy
Keyword(s):  
Nonprofit Sector ◽  
The United States ◽  
Biotechnology Industry ◽  
Washington Dc ◽  
Current State ◽  
Industry Organization ◽  
The Us ◽  
Quality Of Food ◽  
Biotechnology Industry Organization

The mission of the Food and Drug Administration (FDA) is to promote public health by ensuring the safety and quality of food and medical products sold in the United States. At this year's annual Biotechnology Industry Organization (BIO) convention, significant discussion revolved around the appropriate interpretation and execution of that mission.The BIO meeting hosted 15 646 participants from across industry, government and the nonprofit sector, focusing on the current state of the biotechnology industry, as well as its challenges in seeking to further improve public welfare. Perhaps partly because this year's meeting was held in Washington, DC – the seat of the federal government and of BIO's headquarters – much attention was paid to the US regulatory environment. In particular, attendees debated the quandary faced every day by the FDA: how to enable access to novel therapies quickly, but only once their safety has been certified.

Constitutional Principles of Contractual Representation in Ukraine: Problems of Theory and Practice

2019 ◽  
Vol 10 (3) ◽  
pp. 948
Author(s):  
Vadym TSIURA ◽  
Susanna SULEIMANOVA ◽  
Oleksandr SOTULA ◽  
Vita PANASIUK ◽  
Volodymyra DOBROVOLSKA
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Theory And Practice ◽  
Legal Doctrine ◽  
Legal Method ◽  
Current State ◽  
Legal Relationship ◽  
Procedure Code ◽  
The Will ◽  
Theory Of Law

The research is devoted to the issue of the nature and essence of the contractual representation as a legal relationship and a constitutional principle.The current understanding of the institution of representation in the context of the provisions of the Code of Civil Procedure of Ukraine and the Civil Code of Ukraine is ambiguous and this problem needs to be solved. In order to determine the true meaning of the legal institute of representation, the authors of the article made an attempt to study it through the lens of the norms of the current constitution of Ukraine.The methods of scientific research, used by the authors are the analysis, the synthesis, the deduction and induction,the comparison-legal method. All these methods in their convergence made it possible to find out the current state of the existing legislation and legal doctrine in the context of contractual representation and to offer the authors’ own vision of directions of improvement of the studied legal institute.In the result of the study the authors made a conclusion that a contractual representation is a kind of representation, arising out of a contract or other act that underlies the will of the person represented (the principal) and the person representing (the attorney) and the agreement between them. It is important for both the practice of law and the theory of law that the understanding of the essence of the said institute and the approaches to regulating relations of representation in the Civil Code and in the Civil Procedure Code be the same.  

III. British Plans

1945 ◽  
Vol 39 (6) ◽  
pp. 1137-1147
Author(s):  
W. Hardy Wickwar
Keyword(s):  
United States ◽  
United Kingdom ◽  
Capital Investment ◽  
Full Employment ◽  
The United States ◽  
White Paper ◽  
Productive Capacity ◽  
Employment Policy ◽  
The United Kingdom ◽  
The Government

The United Kingdom has gone considerably farther than the United States in the acceptance of full employment as one of the prime aims of government policy. There is a widespread feeling that it may also have gone farther in devising governmental machinery for the realization of this aim. On both counts—the end and the means—the present trend in the United Kingdom merits attention in the United States and other countries.Official endorsement of full employment as a proper end for governmental policy dates back to 1944. The much-quoted white paper on Employment Policy was presented to Parliament by Lord Woolton, Minister of Reconstruction in the Churchill coalition, a few days before D-day. It began with the unequivocal statement: “The Government accept as one of their primary aims and responsibilities the maintenance of a high and stable level of employment after the war.” Shortly afterwards, at the conclusion of a three-day debate, the House of Commons passed a resolution moved by Laborite Ernest Bevin, then Minister of Labor and National Service, and supported on the side of the Conservatives by Sir John Anderson as Chancellor of the Exchequer: “That this House … welcomes the declaration of His Majesty's Government….” At no time later has this basic commitment been placed in doubt.Acceptance of full employment in business circles might be illustrated by a number of authoritative pronouncements made in the middle of the war. These include a pamphlet entitled The Problem of Unemployment, issued by Lever Brothers and Unilever Limited at the beginning of 1943. Here it was clearly argued that irregularity of capital investment was the principal cause of unemployment; that the profit motive had proved an insufficient guide in the extension of productive capacity; and that it was the task of government to regularize the incentive to investment by the use of indirect controls.

Expert Evidence to Counteract Jury Misconceptions about Consent in Sexual Assault Cases: Failures and Lessons Learned

2020 ◽  
Vol 43 (2) ◽  
Author(s):  
Jacqueline Horan ◽  
Jane Goodman-Delahunty
Keyword(s):  
Sexual Assault ◽  
The United States ◽  
Lessons Learned ◽  
Expert Evidence ◽  
Undue Influence ◽  
Sexual Offences ◽  
Child Sexual Assault ◽  
The United Kingdom ◽  
Sexual Assault Case ◽  
Trial Participants

This century has seen dramatic changes in the way in which sexual offences, particularly against children, are prosecuted in Australia, Canada, New Zealand, the United Kingdom and the United States of America. These jurisdictions have acknowledged the potential of myths and misconceptions about how a victim will behave, both during and after a sexual assault, to exert an undue influence on jurors. Expert evidence to educate jurors about common rape myths that apply to issues of consent has been used to redress this issue. However, such expert evidence poses significant challenges for the lawyers and experts. This article explores the effectiveness of educative expert evidence through analysis of an illustrative contemporary Australian child sexual assault case where the authors interviewed some of the jurors and other trial participants about their perceptions of the expert evidence. Practical suggestions to improve educative expert evidence are identified and explained.

1887

Peyote Effect ◽  
2018 ◽  
pp. 11-22
Author(s):  
Alexander S. Dawson
Keyword(s):  
Mental Health ◽  
United States ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
The United States ◽  
Washington Dc ◽  
German Scientist ◽  
The United Kingdom ◽  
First Americans ◽  
The Moment

In this chapter, we consider the moment when European and American scientists “discovered” peyote. John Briggs was one of the first Americans to write about peyote (in 1887), followed shortly by James Mooney, who recounted his experiences among the Kiowa of Oklahoma at the Anthropological Association in Washington DC in 1891. Around this time, the German scientist Louis Lewin encountered peyote while on a trip to the United States. Americans proved less adept at unlocking the chemistry of the cactus than their German counterparts, who identified four different alkaloids in the cactus by the mid-1890s. This period also saw notable studies of peyote by investigators in the United Kingdom, including some fairly dramatic self-experimentation among English intellectuals overseen by Havelock Ellis. Though their work did not yield widely accepted breakthroughs, these researchers were early pioneers in the exploration of the use of peyote and then mescaline as a tool for mental health professionals.

Aaron Beck and the History of Cognitive Therapy

2021 ◽  
Author(s):  
Steven D. Hollon
Keyword(s):  
Cognitive Therapy ◽  
Department Chair ◽  
Behavioral Treatment ◽  
Cognitive Theory ◽  
Cognitive Model ◽  
The United States ◽  
Cognitive Behavioral Treatment ◽  
Oxford University ◽  
The United Kingdom ◽  
History Of

Cognitive theory posits that how one interprets an event determines how one feels about it and what one will try to do to cope with it. It further suggests that inaccurate beliefs and maladaptive information processing lie at the core of most disorders. Cognitive therapy seeks to reduce distress and relieve dysfunction by teaching patients to examine the accuracy of their beliefs and to use their own behaviors to test their validity. The history of cognitive therapy is in essence a tale of two cities and one institute. Aaron Beck, the progenitor of the approach, did his original work in Philadelphia focused largely on depression before he expanded to other disorders. He spent time subsequently at Oxford University at the invitation of department chair Michael Gelder, whose young protégés David Clark and Paul Salkovskis refined the cognitive model for the anxiety disorders and supercharged their treatment. Anke Ehlers, who extended the model to posttraumatic stress, joined them in the 1990s before all three decamped for the Institute of Psychiatry in London, only to return a decade later. Jack Rachman at the Institute was an early mentor who commissioned conceptual treatises from all three. Chris Fairburn, who stayed at Oxford, developed a cognitive behavioral treatment for the eating disorders that focuses on changing beliefs, and Daniel Freeman from the Institute joined in 2011 with an emphasis on schizophrenia. Cognitive therapy has had a major impact on treatment in the United States but even more so in the United Kingdom, where it reigns supreme. Cognitive therapy encourages patients to use their own behaviors to test their beliefs but keeps its focus squarely on those beliefs as the key mechanism to be changed. It is one of the most efficacious and enduring treatments for the various psychiatric disorders.

The Right to Know in Australia, Canada, Ireland, New Zealand, and the United States

2016 ◽  
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
White Paper ◽  
Freedom Of Information ◽  
Right To Know ◽  
Freedom Of Information Act ◽  
The United Kingdom ◽  
The Right To Know ◽  
The Right

It was acknowledged in the 1997 White Paper Your Right To Know that the United Kingdom could learn much from the experience of other countries with established FOI regimes. The draftsman of the Freedom of Information Act 2000 had regard to the statutory schemes of five such countries whose jurisprudence has precedent value in our courts: Australia, Canada, Ireland, New Zealand, and the United States. Chapter 25 looks at their different approaches to the fundamental elements of any FOI regime, and gives examples of how their courts have interpreted and applied the respective statutes. The chapter notes common themes and recurrent sources of controversy, notably delays in responding to requests, charges for access, and the position of affected third parties. It traces how the legislation in each country has been adapted over the years, and where there is pressure for yet further reforms.

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