scholarly journals Legal Protection Schemes for Free-Flowing Rivers in Europe: An Overview

2021 ◽  
Vol 13 (11) ◽  
pp. 6423
Author(s):  
Tobias Schäfer

Most of Europe’s rivers are highly fragmented by barriers. This study examines legal protection schemes, that specifically aim at preserving the free-flowing character of rivers. Based on national legislation, such schemes are found in seven European countries: Slovenia, Finland, Sweden, France and Spain as well as Norway and Iceland. The study provides an overview of the individual schemes and their respective scope, compares their protection mechanisms and assesses their effectiveness. As Europe’s the remaining free-flowing rivers are threatened by hydropower and other development, the need for effective legal protection, comparable to the designation of Wild and Scenic Rivers in the United States, is urgent. Similarly, any ambitious strategy for the restoration of free-flowing rivers should be complemented with a mechanism for their permanent protection once dams and other barriers are removed. The investigated legal protection schemes constitute a starting point for envisioning a more cohesive European network of strictly protected free-flowing rivers.

2018 ◽  
Vol 3 (2) ◽  
pp. 257
Author(s):  
Nandi Wardhana

Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.


Author(s):  
Андрій Гачкевич ◽  
Петро Пенцак

This article examines the relation between legal and ethical understanding of plagiarism on the basis of three cases in modern American political history. Ethical understanding deals with any theft of others’ work, whereas legal is observed within the Ukrainian legislation. The authors have made the attempt to cover some theoretical and practical aspects related to the process of plagiarism identification. Nixon/McCarthy, Kinnock/ Biden and Patrick/Obama as cases discussed have received publicity in the United States because of plagiarism accusations aimed at their authors being political figures well-known outside the country. Each of them has different consequences for thereputation of speakers involved. Special attention has been given to the issue of public political speech.The results of the research reveal that as a rule, the speeches of politicians refer to oral literary works, even if they were objectified in written form. The notion of a work according to the general formulas described in the national legislation remains unclear, and there are a lot of doubts whether we can protect any result of creative activity in the spiritual realm. Sometimes a judge should be consulted by an expert, able to distinguish a separate work. Journalists do not tend to look into a situation more deeply and that is the reason for why they blame  politicians lacking legal grounds. There are three questions, which are worth considering in cases like those mentioned in the article. Firstly, where does the creative activity of a politician (or his speechwriter), being granted legal protection, start and end. Secondly, do speakers mean to say that they are the authors of words pronounced by them (as B. Obama did not mean to say that he had come up with «I have a dream»). Thirdly, who has written a text of a speech? Wasn’t it somebody else but a speaker? If a politician says words said earlier by someone else, that doesn’t mean he is plagiarizing. Anyway he might avoid any accusations of the plagiarism in legal understanding by using quotes. The study shows that the issue of oral literary works should be elaborated more thoroughly, for example, regarding the presumption of authorship. 


Author(s):  
Katinka Fjeldsø Villemoes

Katinka Fjeldsø Villemoes: “We Are a Nation of Immigrants”: On Collective Memory Practices, and Immigration Mythology in Contemporary United States In this article, I investigate practices of collective remembering and forgetting in the United States of America. I take as my starting point a certain period in the history of the USA, namely the extensive flows of immigrants who came to the USA in the end of the 19th and the beginning of the 20th century, and I demonstrate how this historical period is celebrated, represented and remembered in a particularly interesting manner. I argue that the romanticized tale of “the immigrants who created America” plays an important role in defining what American national identity is. The common sense representation of the immigrants who came to the USA in search of freedom and opportunity fits perfectly with today’s political and intellectual climate in the USA, because within the framework of this immigrant mythology, the individual citizen is given the opportunity to celebrate his national identity as an American, but he is also given the opportunity to celebrate his country’s ethnic, racial, cultural, and religious diversity. 


2015 ◽  
Vol 36-37 (1) ◽  
pp. 163-183
Author(s):  
Paul Taylor

John Rae, a Scottish antiquarian collector and spirit merchant, played a highly prominent role in the local natural history societies and exhibitions of nineteenth-century Aberdeen. While he modestly described his collection of archaeological lithics and other artefacts, principally drawn from Aberdeenshire but including some items from as far afield as the United States, as a mere ‘routh o’ auld nick-nackets' (abundance of old knick-knacks), a contemporary singled it out as ‘the best known in private hands' (Daily Free Press 4/5/91). After Rae's death, Glasgow Museums, National Museums Scotland, the University of Aberdeen Museum and the Pitt Rivers Museum in Oxford, as well as numerous individual private collectors, purchased items from the collection. Making use of historical and archive materials to explore the individual biography of Rae and his collection, this article examines how Rae's collecting and other antiquarian activities represent and mirror wider developments in both the ‘amateur’ antiquarianism carried out by Rae and his fellow collectors for reasons of self-improvement and moral education, and the ‘professional’ antiquarianism of the museums which purchased his artefacts. Considered in its wider nineteenth-century context, this is a representative case study of the early development of archaeology in the wider intellectual, scientific and social context of the era.


Public Voices ◽  
2016 ◽  
Vol 10 (2) ◽  
pp. 68 ◽  
Author(s):  
Jens Ivo Engels

The so-called “long 19th century”, from the French Revolution to the First World War, ranks as the crucial phase in the genesis of the modern world. In the Western countries this period was characterized by the differentiation of the public and the private spheres, the birth of the modern bureaucratic state and the delegitimation of early modern practices such as clientelism and patronage. All these fundamental changes are, among other things, usually considered important preconditions for the modern perception of corruption.This paper will concentrate on this crucial phase by means of a comparative analysis of debates in France, Great Britain and the United States, with the aim to elucidate the motives for major anti-corruption movements. The questions are: who fights against corruption and what are the reasons for doing so? I will argue that these concerns were often very different and sometimes accidental. Furthermore, an analysis of political corruption may reveal differences between the political cultures in the countries in question. Thus, the history of corruption serves as a sensor which enables a specific perspective on politics. By taking this question as a starting point the focus is narrowed to political corruption and the debates about corruption, while petty bribery on the part of minor civilservants, as well as the actual practice in the case of extensive political corruption, is left aside.


2004 ◽  
Vol 11 (2) ◽  
pp. 11-23 ◽  
Author(s):  
Sue Lovell

In January 1967 Janette Turner Hospital left Queensland for Boston. She was unpublished. 25 years of age, and very much the product of a loving but fundamentalist childhood that she understood as the ‘source of all comfort and security, but also the source of all harm’. She has called America. India. Canada and France ‘home’ and has also frequently taught in other European countries. Although she has two adult children who have made their lives in the United States and Canada, her parents and three younger brothers remain in Brisbane, so she returns regularly to sustain family ties.


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