scholarly journals Disputes and their Resolution in the Electronic Communications Market

2016 ◽  
Vol 1 (1) ◽  
pp. 69
Author(s):  
Jonida Gjika
Keyword(s):  
Management Strategies ◽  
Legal Framework ◽  
Fundamental Aspect ◽  
Special Importance ◽  
Electronic Communications ◽  
Short Treatment ◽  
Effective Competition ◽  
Regulatory Policies ◽  
Legal Remedies ◽  
Eu Directives

This short treatment introduces the concept of potential disputes in the electronic communications market, their typology and the background in which exist premises to arise desputes in this market. Broadly represents the forecast of domestic regulatory and legal framework for the treatment of desputes existing in this market, approximation of legislation with EU directives, ways to resolve disputes arising in the potential levels of the market in which those disputes arise. As a summary is treated the concept of internal market/markets structure as domestic part of the electronic communications market, identifying the importance of "treatment" of state and regulatory policies, and their impact on the design, planning and management strategies of the market players. The case of Albania is breafly treated regarding to the aspects referred in topic, closely linked with desputes and their treatment, paying a special importance administrative settlement in procedural terms. Identification of regulatory effect, as potential to be measured and compared with analog markets, and services offered in these markets with other countries, regional, of EU, or wider and mainly in the aspect from they derive, which highly propable are connected to services offered - their tariff - quality products / services. Briefly on the importance of effective competition and its impact on the number of disputes arising in such a market, considering liberalization as factor of market as fundamental aspect in the development of the market, increasing the number of providers of products / services and legal remedies forecast with specific criteria that maximize protection of users of products / services offered.

Nigeria: Advancing the Cause of Renewable Energy in Nigeria’s Power Sector Through its Legal Framework

2021 ◽  
Vol 50 (4-5) ◽  
pp. 433-444
Author(s):  
Olusola Joshua Olujobi ◽  
Temilola Olusola-Olujobi
Keyword(s):  
Renewable Energy ◽  
Fossil Fuels ◽  
Renewable Energy Sources ◽  
Legal Framework ◽  
Comparative Approach ◽  
Energy Sources ◽  
Power Sector ◽  
Alternative Source ◽  
Regulatory Policies ◽  
Oil Sector

Fossil fuels have been the mainstream of energy supply and a major source of foreign exchange earnings for the Federal Government of Nigeria, in spite of being an unrenewable and unsustainable source of energy. Nigeria is yet to tap into the full benefits after privatising its power sector, including the new global evolution in the energy sector and the resulting increasing demand for renewable energy sources, which some consider to be cheaper and more environmentally friendly than fossil fuels and their allied products. Energy security is a challenge to socio-economic development in Nigeria, due to the country’s over-dependency on fossil fuels. In terms of their impact and the potentials to preserve energy sources for longevity and sustainability, however, fossil fuels will come to be seen as an out-dated alternative in the power sector as the energy industry evolves. The implications for Nigeria’s oil sector will not be limited to dwindling crude oil prices. The concerns include poor energy utilisation in Nigeria and the need to promote energy efficiency and sustainability. They have led to the formulation of new energy policies around the world to serve as a vehicle for translating solutions into reality. This study has adopted a library-based legal research method with a comparative approach. The study reveals that it is the lack of a coherent legal framework with incentives for using renewable energy that is largely seen as the key issue causing slow uptake of renewable energy as an alternative source of energy in Nigeria. As well as the need for a coherent legal framework on energy and incentives for using renewable energy sources, the study advocates stringent enforcement of existing energy regulatory policies.

scholarly journals Technical requirements for acceptance of works on track

Tehnika ◽  
2020 ◽  
Vol 75 (4) ◽  
pp. 437-444
Author(s):  
Zdenka Popović ◽  
Luka Lazarević ◽  
Milica Mićić ◽  
Nikola Mirković
Keyword(s):  
Legal Framework ◽  
Special Importance ◽  
European Standard ◽  
Track Geometry ◽  
Technical Requirements ◽  
National Technical ◽  
Track Condition ◽  
Measurement Results ◽  
The Republic ◽  
Technical Regulations

This paper presents technical requirements for acceptance of track works according to European standard EN 13231-1, which was adopted as Serbian standard in 2014. The standard applies to track with standard gauge (1435 mm) layed in ballast bed. Requirements for acceptance of works should be applied for laying of the new track, as well as for reconstruction, renewal and maintenance of the existing track. Paper points out that, despite of established legal framework in the Republic of Serbia, national technical regulations are still not harmonised with the requirements of the standard. The special importance is drawn to establishment of the procedures for measuring the relevant parameters and controling the track condition, as well as procedures for documenting measurement results and performed controls. In addition, paper shows prescribed tolerances for track geometry parameters and track superstructure elements according to EN 13321-1. Acceptance deadline has special importance and it should be defined in the contract between Infrastructure Manager and Contractor.

INVESTMENT AND BUILDING INDUSTRY AS A GUARANTEE OF INCREASING THE LIVING STANDARD OF THE POPULATION AND THE FOUNDATION OF SOCIO-ECONOMIC SECURITY OF THE COUNTRY

2021 ◽  
Author(s):  
Volodymyr Savchenko ◽  
Serhii Stoika ◽  
Oleg Makliuk
Keyword(s):  
Financial Incentives ◽  
Legal Framework ◽  
Economic Security ◽  
The State ◽  
Living Standard ◽  
Regulatory Function ◽  
Special Importance ◽  
Building Structures ◽  
European Standards

The situation in the construction complex of the state and crisis phenomena in it are shown. It is proposed to return to the basic components of system management of the industry, lost due to spontaneous pseudo-market processes. Problems that need to be overcome are systematized, they are the following: attracting investments, increasing effective demand in the domestic market, strengthening the competitiveness of production, the predominance of innovative technologies, increasing the quality of products and facilities, bringing the legal framework to European standards, training of employees and managers. The state of the housing market, the importance of its openness, transparency, systematization and regulation are described. The special importance of the regulatory function of the state in the current situation is pointed out. The importance and role of comprehensive activities for housing construction economic growth is emphasized. The need to create conditions for increasing the volume of products sold under international agreements through investment and interstate projects is noted. The relationship between the results of the construction industry and the effective use of human capital is given, for which each company needs measures to improve work with staff, improve their skills, financial incentives and social security. The expediency of introducing the mechanism of energy service in construction, which is part of the management system with subsystems of planning, organization, regulation, motivation and control, is proved. The role of methods for evaluating the effectiveness of innovative activities of enterprises to ensure quality and effective management of production processes is analyzed. The information on development schemes of the organization at registration of the allowing documentation, financing, designing, market research, selection of participants, accounting, construction, property management is provided. The function of settlements' territories as separate objects at construction of inhabited premises is defined. Award on the need for construction and reconstruction of "sleeping" areas in cities, which requires significant investment, development of building structures, as well as established close relationships with industrial, commercial, cultural, entertainment and other facilities.

Cyber-Search and Cyber-Seizure

2014 ◽  
pp. 471-514
Author(s):  
Catherine B. Lotrionte
Keyword(s):  
Cyber Security ◽  
Security Policy ◽  
Computer Systems ◽  
Fourth Amendment ◽  
Legal Framework ◽  
Executive Branch ◽  
Electronic Communications ◽  
Cyber Threats ◽  
Individual Privacy ◽  
The Government

This chapter discusses the nature of cyber threats against government and private computer systems, describing some steps the government has taken and the challenges involved in protecting those systems. The chapter argues that a national security approach for cyber security policy is the most promising option for preventing these cyber threats while operating within the domestic legal framework. After a review of the President's constitutional authorities to protect the nation from traditional threats, the chapter concludes that the President has some power to monitor Internet communications in transit within the United States when the communications threaten the welfare of the nation. The chapter recommends that this authority be augmented by Congressional action through legislation. The President's powers in cyber security, even given Congressional support, however, are still restrained by the protections the Fourth Amendment provides for traditional forms of communication and individual privacy. Although there is limited Fourth Amendment precedent in the area of cyber security, the well-established exceptions to the Fourth Amendment requirements, based on consent, special governmental needs and the reasonableness of the search or seizure, provide a legal basis for executive branch action to protect critical infrastructures and their computer systems. As the Courts have long held, these exceptions allow the government to conduct searches or seizures without being bound by all of the requirements of the Fourth Amendment. If the government develops its cyber security policy in line with these exceptions, this chapter argues the government can both protect critical computer systems and operate within Fourth Amendment doctrine that recognizes the legitimacy of privacy in electronic communications.

Exploitation of Public Sector Information in Europe

2008 ◽  
pp. 118-131
Author(s):  
Ioannis P. Chochliouros ◽  
Anastasia S. Spiliopoulou ◽  
Stergios P. Chochliouros
Keyword(s):  
Public Sector ◽  
Legal Framework ◽  
Electronic Communications ◽  
Private Companies ◽  
Public Sector Information ◽  
European Regulatory ◽  
Regulatory Measures ◽  
Legal Security ◽  
Effective Development ◽  
Mutual Communication

The gradual “penetration” of an innovative, digitally-oriented information society, in the scope of the actual convergence among telecommunications, broadcasting and information technology, create primary opportunities for access and exploitation of Public Sector Information (PSI), in the context of a fully competitive and liberalised European electronic communications market. There are now significant challenges on the scene, for improving mutual communication between public sector and private companies, thus creating chances for exploiting new opportunities, to the benefit of the broader European market(s). However, the non-existence of an appropriate legal framework governing the conditions and/or terms for the commercial use of PSI constitutes a serious drawback for any serious attempt towards evolution, and for an effective development of a European e-Communications market. Recent European regulatory-oriented policies have established and supported suitable measures and provisions, to ensure access to PSI for all interested parties and for their “free” circulation among Member States. In the context of the suggested contribution we examine current European harmonization regulatory measures, towards creating transparency and legal security for all market players involved in the wider content market, thus contributing to growth.

scholarly journals NOxEmission Trading in a European Context: Discussion of the Economic, Legal, and Cultural Aspects

2001 ◽  
Vol 1 ◽  
pp. 958-967
Author(s):  
Chris P.A. Dekkers
Keyword(s):  
Emission Trading ◽  
Legal Framework ◽  
European Context ◽  
Cultural Aspects ◽  
New Instrument ◽  
Other Substances ◽  
Eu Directives ◽  
Trading Scheme ◽  
Legislative Structure ◽  
The Eu

Emission trading is a new instrument in environmental policy. It is an alien notion in most European countries and it is often viewed with hesitation. The paper discusses the economic, legal, and perhaps more importantly, the cultural aspects to consider when one tries to explore the prospects for trading emissions of NOXand other substances in Europe. Issues to be addressed are the present legal framework in Europe in relation to the national emission ceilings on NOXand other substances on the basis of relevant EU directives and UNECE protocols. The paper will discuss the extent to which the legal framework within the EU imposes constraints on the design of a national emission trading scheme, and what options are available to fit emission trading into that legislative structure. The NOXemission trading programme developed in the Netherlands will be used to demonstrate the various aspects in a European context.

scholarly journals The Establishment of Gwǝlt and Rim Landholdings in Eighteenth-Century Gondärine Churches with a Special Focus on Ḥamärä Noḫ Śälästu Mǝʾǝt Däbr

Aethiopica ◽  
2019 ◽  
Vol 21 ◽  
Author(s):  
Namouna Guebreyesus ◽  
Hiruy Abdu
Keyword(s):  
Eighteenth Century ◽  
Social Status ◽  
Land Tenure ◽  
Legal Framework ◽  
Social Contexts ◽  
Comprehensive Analysis ◽  
Fundamental Aspect ◽  
Special Focus ◽  
The Creation ◽  
The Church

The Ethiopian kings of the seventeenth and eighteenth centuries established churches endowed with large estates. The gwǝlt charter founding these estates conferred tax and jurisdictional privileges on the beneficiaries for the administration of the churches. On the land given as gwǝlt , individual holdings known as rim were distributed to clerics. The study defines the economic and social contexts in which the foundation of both gwǝlt and rim occurred and shows that such grants were a manifestation of the king’s prerogatives and that the creation of ecclesiastical holdings disturbed existing social status and entitlements to land. In a comprehensive analysis the study considers land documents from Gondärine churches, with an emphasis on the Golden Gospel of the church of Ḥamärä Noḫ. The commentaries of the Fǝtḥa nägäśt, composed in the same period as the Gondärine land documents, will serve to explain the legal framework of gwǝlt and rim as applied in the eighteenth century in regards to customary Gondärine practices. This study of gwǝlt and rim reveals landholding practises whereby several rights coexisted on the same land, a fundamental aspect of Ethiopian land tenure which continued until the Revolution of 1974.

scholarly journals Transposition of the 2014 European Directives on public procurement by France

2018 ◽  
Vol 1 (1) ◽  
pp. 14-23
Author(s):  
Kawthar Ben Khelil
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
Public Consultation ◽  
European Directives ◽  
French Government ◽  
Eu Directives ◽  
Public Contracts ◽  
And Performance ◽  
Procurement Contracts ◽  
Domestic Law

The French public procurement code should be published in the next weeks. This project initiated by the French Government gave rise to a public consultation between 23 April and 29 May 2018; it is aimed at grouping together, without any amendments to current rules, all existing provisions relating to public procurement law (all contracts qualifying as public contracts and concessions), according to a consistent plan, in order to make the relevant legal framework clearer and more accessible. As of this day however, French rules relating to the conclusion and performance of public procurement contracts are contained in ordinance (ordonnance) n° 2015-899 of 23 July 2015 relating to public contracts (hereinafter referred to as the “Ordinance”) and its implementation decree (décret), n° 2016-360, of 25 March 2016 (hereinafter referred to as the “Decree”), that have implemented into domestic law the new European directives on public procurement. They entered into force on 1 April 2016. This contribution is aimed at providing an overall presentation of the significant changes resulting from the implementation into French law of EU Directives 2014/24 and 2014/25 without claiming to be exhaustive.

Inter-American Commission on Human Rights (IACHR) and Inter-American Court of Human Rights (IACtHR)

2021 ◽  
Keyword(s):  
Human Rights ◽  
Great Majority ◽  
Legal Framework ◽  
Special Importance ◽  
Human Rights Protection ◽  
American System ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
To Receive ◽  
Domestic Law

The Inter-American System for the Protection of Human Rights is a regional mechanism that has had a significant impact on the institutional framework of the State Parties to the Organization of American States (OAS), contributing to the elimination of structural human rights issues in the region. With a population of around 900 million people, the thirty-five States that comprise the OAS have accepted, to different extents, the supervising competence of its main human rights protection bodies: the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR). This research bibliography on the Inter-American System is organized in six sections. The first is a general overview that describes the regional legal framework, the different research approaches that doctrine has developed to study it, and the factual and statistical resources that are of special importance in such research. The second section introduces the regional protection bodies and their interaction within the Inter-American System. The third and fourth sections are dedicated to the particular analysis of each body. It begins with the Inter-American Commission, with a description of its two most relevant foci, namely, its human rights promotion tasks and its competence to receive individual petitions. It then moves to the Inter-American Court of Human Rights and engages with the literature about its contentious jurisdiction—where reparations, supervision of judgments, and compliance to its judgments—along with its advisory and precautionary jurisdiction will be analyzed in greater depth. Finally, the fifth and sixth sections are dedicated to two topics of special analytical relevance and current importance: the dialogue between regional protection systems in the search for answers to common problems and finally the notion of control of conventionality as a particular and groundbreaking legal development of the system and its development within the State’s domestic law. The selected works in this bibliography are mostly available in English and Spanish (judgments of the IACtHR and reports of the Commission may be accessed in both languages) and the great majority of these texts are available without cost, digitally, online and without subscription. This research bibliography, accordingly, aims at avoiding obstacles to open research into this topic from the Global South and other latitudes.

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