No Expropriation Without Full Compensation

2019 ◽  
pp. 184-205
Author(s):  
Elizabeth Brubaker
Keyword(s):  
Full Compensation

Marine Environmental Damage: The Compensability of Ecosystem Service Loss in International Law

2019 ◽  
Vol 34 (4) ◽  
pp. 602-641
Author(s):  
Günther Handl
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Oil Pollution ◽  
Environmental Damage ◽  
Emerging Trends ◽  
Full Compensation ◽  
Environmental Loss ◽  
National Practice ◽  
Marine Environmental

AbstractKey maritime conventions governing liability and compensation for pollution of the marine environment, foremost among them the 1992 Civil Liability for Oil Pollution Convention and the 2003 Supplementary Fund Protocol (the CLC/Fund regime), exclude compensation for pure environmental loss. This article discusses whether anything less than full compensation of damage to the marine environment, including the loss of ecosystem services, comports with contemporary international public policy or law. After reviewing and rejecting traditional arguments opposing such compensability, the article contrasts the CLC/Fund regime’s environmental claims practice with emerging trends in decision on the international legal plane and in select domestic legal systems, all of which support full compensation. The article thus concludes that an adjustment of the CLC/Fund regime’s environmental claims approach is desirable to align it with this international (and national) practice and thereby to protect the long-term integrity of the regime itself.

Direct full compensation of the aberrations in quantitative phase microscopy of thin objects by a single digital hologram

2007 ◽  
Vol 90 (4) ◽  
pp. 041104 ◽  
Author(s):  
L. Miccio ◽  
D. Alfieri ◽  
S. Grilli ◽  
P. Ferraro ◽  
A. Finizio ◽  
...  
Keyword(s):  
Quantitative Phase ◽  
Digital Hologram ◽  
Phase Microscopy ◽  
Quantitative Phase Microscopy ◽  
Full Compensation

Eye Movements of the Dogfish Squalus Acanthias L

1965 ◽  
Vol 43 (1) ◽  
pp. 107-130
Author(s):  
A. JOHN HARRIS
Keyword(s):  
Spinal Cord ◽  
Eye Movements ◽  
Squalus Acanthias ◽  
Free Swimming ◽  
Spontaneous Movements ◽  
Excitatory State ◽  
Blind Area ◽  
Full Compensation ◽  
Central Excitatory State ◽  
Partial Compensation

1. A method for recording the positions of the eyes of a free-swimming dogfish is described. 2. The eyes of the dogfish do not compensate completely for the lateral swinging of the head which occurs during swimming. The labyrinthine apparatus and the extraocular musculature are capable of providing complete compensation, but this compensation is opposed by influences from the spinal cord. 3. Full compensation during swimming would stabilize only objects at infinity. Partial compensation serves to stabilize a plane of reference close to the fish. 4. Eye movements, allied with the normal zig-zag progression of the fish, serve to eliminate the blind area behind the fish. 5. Other movements of the dogfish's eyes are discussed, and arranged in five categories. 6. Spontaneous movements of the eyes of resting dogfish are described, and related to the eye movements of swimming dogfish. The spontaneous movements are suggested to be manifestations of an otherwise subliminal central excitatory state affecting turning and swimming.

scholarly journals Reinsurance of Third Party Motor Insurance and Motor Insurance in Finland

1962 ◽  
Vol 2 (1) ◽  
pp. 174-176 ◽  
Author(s):  
Teivo Pentikäinen
Keyword(s):  
Point Of View ◽  
Third Party ◽  
Lump Sum ◽  
Legal Limits ◽  
Physical Injuries ◽  
Insurance Cover ◽  
Motor Insurance ◽  
Full Compensation ◽  
The Individual ◽  
Risk Limits

The need and extent of reinsurance of third party motor insurance depends fundamentally on the risk limits prescribed in the legislation of the country in question (and on the other hand the legal limits of the compulsory insurance may have been fixed with regard to the reasonable possibilities of the insurers getting reinsurance). There are two kinds of risk limits which are applied in different countries: total limits and individual limits. The former defines the maximum joint indemnity for an accident, paid to all claiments together, and the latter defines the maximum indemnity paid to each claiment separately. From the social point of view limits of this sort are not expedient, especially in regard to physical injuries. Owing to this total limit the indemnity for a single claiment can depend on the number of other claiments, which is quite inadequate from the point of view of the actual need to get insurance cover for injuries. The individual lump sum limit allows full compensation for slight injuries but can cut down the compensation for serious ones, which is an irrational method of settling an indemnity system. Owing to these risk limits motor car drivers may also be held responsible for the extra claims personally on the basis of civil (or criminal) law, which compels them to take an extra third party liability insurance (which often also has risk limits).

Full compensation of oxygen vacancies in EuTiO3 (001) epitaxial thin film stabilized by a SrTiO3 surface protection layer

2013 ◽  
Vol 102 (4) ◽  
pp. 042902 ◽  
Author(s):  
K. Shimamoto ◽  
K. Hatabayashi ◽  
Y. Hirose ◽  
S. Nakao ◽  
T. Fukumura ◽  
...  
Keyword(s):  
Thin Film ◽  
Oxygen Vacancies ◽  
Epitaxial Thin Film ◽  
Surface Protection ◽  
Full Compensation ◽  
Protection Layer

scholarly journals Method of Switching on and Off a Power Transformer with a Capacitor Bank in an Electrothermal Installation

2021 ◽  
Vol 2096 (1) ◽  
pp. 012196
Author(s):  
V S Klimash ◽  
B D Tabarov
Keyword(s):  
Energy Efficiency ◽  
Steady State ◽  
Reactive Power ◽  
Power Transformer ◽  
Capacitor Bank ◽  
Steady State Mode ◽  
Operating Modes ◽  
Switching Losses ◽  
Full Compensation ◽  
Special Control

Abstract The article is devoted to issues related to increasing the energy efficiency of industrial electrothermal installations, both in starting and stationary operating modes due to the use of capacitors and thyristor starters with special control. The results of a significant reduction in the duration of the transient process, elimination of surges and asymmetry of starting currents and voltage drawdowns are presented. The results of full compensation of the reactive power of the network in the steady-state mode are also presented. It is shown that the starting currents do not exceed their steady-state values and that the shutdown of the electrothermal installation is performed without the occurrence of an arc and switching losses at the contacts of the switches. Researches of an electrothermal installation with a capacity of 750 kV⋅A and a voltage of 380 / 80 V are made on the model in the Matlab environment.

scholarly journals The Interaction of Rights of Relief and Unjustified Enrichment in Scots Law

2020 ◽  
Vol 24 (2) ◽  
pp. 202-231
Author(s):  
Euan West
Keyword(s):  
The Other ◽  
Precise Nature ◽  
Full Compensation ◽  
The Law ◽  
Unjustified Enrichment ◽  
Partial Compensation

In Scots law, a cautioner (i.e. a guarantor) who pays the guaranteed debt enjoys so-called “rights of relief” against the other parties liable for that debt: namely, a right to full compensation from the principal debtor (“total relief”) and a right to partial compensation from co-cautioners (“pro rata relief”). There has been an increasing tendency on the part of the Scottish courts to treat these rights of relief as a branch of the law of unjustified enrichment. This analysis, according to which a cautioner's payment of the guaranteed debt enriches the principal debtor and co-cautioners unjustifiably, thereby entitling the cautioner to redress, has been subject to academic criticism, with “enrichment” scholars arguing that rights of relief and unjustified enrichment are distinct areas of law. Building on the work of these scholars, this article explores the precise nature of the distinction between “enrichment” and “relief”, its implications for litigants faced with the choice whether to pursue a case on the basis of “relief” or “enrichment” and the extent to which these legal areas perform complementary roles.

Part II The Member State Reports on Transposition of the Directive, 9 Ireland

2018 ◽  
Author(s):  
Lucey Mary Catherine
Keyword(s):  
European Union ◽  
Member State ◽  
Dispute Resolution ◽  
Competition Law ◽  
Joint And Several Liability ◽  
National Competition ◽  
Full Compensation ◽  
Limitation Periods ◽  
Compensation Disclosure

This chapter examines the transposition of the Antitrust Damages Directive in Ireland. It first considers the transposition procedure, focusing on regulations contained in Statutory Instrument (SI) European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017, before discussing the regime set out in this implementing SI. It then describes the scope of the national regime on competition law and the implementing regulations that govern full compensation, disclosure of evidence, the effect of decisions by National Competition Authorities, limitation periods, joint and several liability, the issues of ‘passing on’, the presumption and quantification of damages by cartels, and consensual dispute resolution. Finally, the chapter analyses incorrect or incomplete transposition and possible legal disputes with regard to the Directive and the implementing regulations.

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