Still Lagging Behind: Diagnosing Judicial Approaches to ‘Bodily Injury’ Claims for Psychiatric Injury under the Montreal Convention of 1999

2021 ◽  
Vol 44 (4) ◽  
Author(s):  
John-Patrick Asimakis
Keyword(s):  
Medical Science ◽  
Physical Nature ◽  
Civil Aviation ◽  
Modern World ◽  
Judicial Interpretation ◽  
Authentic Texts ◽  
Global Industry ◽  
National Courts ◽  
Bodily Injury ◽  
Ordinary Meaning

International civil aviation is today a mature global industry, without which the modern world is unimaginable. That modern world increasingly recognises, in view of advancing medical science, that the dualist distinction between body and mind is artificial. Yet recent judicial interpretation of the term ‘bodily injury’ in the Convention for the Unification of Certain Rules for International Carriage by Air (‘Montreal’) of 1999 has revalidated this distinction by denying compensation for psychiatric injury in the field of international civil aviation. This article challenges that interpretation by explaining the physical nature of psychiatric injury with reference to medical literature and neuroimaging technologies. It argues that the ordinary meaning of ‘bodily injury’ across Montreal’s authentic texts encompasses psychiatric injury, supporting this construction by examining both Montreal’s travaux préparatoires and its parties’ municipal jurisprudence. After briefly addressing policy concerns, it concludes that national courts may permit recovery for pure psychiatric injury under Montreal.

scholarly journals HUKUMAN DAN KEDUDUKAN HAK WARIS BAGI PELAKU EUTHANASIA

2018 ◽  
Vol 16 (2) ◽  
pp. 208-229
Author(s):  
Wirani Aisiyah Anwar
Keyword(s):  
Islamic Law ◽  
Medical Science ◽  
Modern World ◽  
Active Euthanasia ◽  
Passive Euthanasia ◽  
Speed Up

Euthanasia is a term used in medical science (medical), activities carried out to speed up the death of the patient who is considered unable to survive anymore. With the sophistication of the modern world now euthasia is considered a necessity, while euthanasia in Islamic law equates its law to murder. Murder is categorized in three forms, namely intentional murder, murder resembles intentional, and murder by mistakes. And euthanasia is divided into two, namely active euthanasia and passive euthanasia. In Islamic law active eythanasia is considered the same as intentional murder so that the perpetrator is subject to a qishash, diat punishment and for heirs or applicants of euthanasia no heir can be said (not receive inheritance from the victim of euthanasia), whereas passive euthanasia is permissible in Islamic law.

The Legal Status of Decisions by Human Rights Treaty Bodies

2020 ◽  
pp. 129-158
Author(s):  
Leonardo Borlini ◽  
Luigi Crema
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Legal Order ◽  
Legal Scholarship ◽  
National Courts ◽  
Ordinary Meaning ◽  
Domestic Courts ◽  
Treaty Monitoring ◽  
International Legal Order ◽  
Legal Position

Academic analysis of pronouncements of human rights treaty monitoring bodies has tended to focus on their contribution to the promotion of human rights in domestic jurisdictions, particularly to convey the desire of scholars to see more use of these pronouncements by domestic courts. Comparatively little attention has been paid to the issue of their legal status in light of the supervisory function of human rights monitoring bodies. This chapter starts with a thorough analysis of a few recent cases by national courts, which commented on the legal value of the work of these bodies. The chapter then challenges two recurring arguments in the legal scholarship: their assimilation to judicial bodies, and the existence of a procedural obligation on states to consider their views. Next, it focuses on the interpretive weight of the pronouncements of these treaty bodies in international law, and, accordingly, in national jurisdictions. The chapter argues that the alleged existence of a general procedural obligation on states to consider the pronouncements of human rights treaty monitoring bodies is controversial, and that their work does not have a specific, or privileged, legal position in defining the ordinary meaning of a treaty. The conclusions point out that supervisory bodies have a specific and important role in the international legal order, different from that of courts, which bears preserving.

Diagnostics of aviation equipment. Methods and means of non-destructive testing of the technical condition of the aircraft

2017 ◽  
Author(s):  
Мартыненко ◽  
Elena Martynenko
Keyword(s):  
Physical Nature ◽  
Optical Devices ◽  
Civil Aviation ◽  
Measuring Instruments ◽  
Non Destructive Testing ◽  
Testing Methods ◽  
Destructive Testing ◽  
Ray Method ◽  
Advantages And Disadvantages ◽  
Non Destructive

This manual contains information about the appointment and the physical nature of the application existing non-destructive testing methods, their advantages and disadvantages. The manual contains a brief historical information about the development of non-destructive testing methods in manufacturing aircraft devices, the classification and possible causes of occurrence of various defects on which the studied method of non-destructive testing are directed. The first part of the manual, of the main methods that are used to detect the defects in any instrument control. The detailed classification of measuring instruments and optical devices are given. Moreover, the construction and the ways (the principles) of work of complex measuring instruments and optical devices, including endoscopes are given. The current devices and systems for visual inspection of fiber-hidden objects and internal cavities are considered. More detailed consideration in the manual is given to the capillary, magnetic, acoustic, eddy current non-destructive testing methods and techniques of radiographic(X-ray and gamma-ray method). Particular attention is paid to the field of practical application of different methods. A lot of attention is given to modern means of non-destructive testing of domestic and foreign production. The manual contains a significant amount of drawings and diagrams, which allows to increase the visibility and the accessibility of presentation. It is drawn up with the interdisciplinary course program MDK 01.01.03 "Technical maintenance of aircraft and engines" and is intended for students of the above mentioned specialization 25.02.01 branches of secondary vocational education. The manual can also be used by the students of the training courses for engineering and technical personnel of the enterprises of civil aviation.

scholarly journals Влияние человеческого фактора при создании авиационных двигателей

2021 ◽  
pp. 5-10
Author(s):  
Виктория Викторовна Кокотина ◽  
Лариса Анатольевна Лесная ◽  
Виталий Григорьевич Харченко
Keyword(s):  
Human Error ◽  
Human Performance ◽  
Human Factor ◽  
Causative Factor ◽  
Civil Aviation ◽  
Modern World ◽  
Destructive Testing ◽  
Effective Prevention ◽  
A Chain

Ensuring the safety of the civil aviation system is the main goal of the International Civil Aviation Organization (ICAO) activities and the "human factor" was define as a priority in the field of flight safety. Given the variety of factors potentially affecting human performance, it is not surprising, that human error has been recognized as a major causative factor in virtually all air crashes and accidents since the inception of aviation. The reliability and safety of flights are influenced by: the quality of preparation of aviation equipment for flight, the quality of manufacture, assembly, acceptance, and pre-flight tests, the quality of design of aircraft and engines. The quality of workmanship is confirmed by the execution of control at each stage of manufacture. In any activity, the "human factor" is manifested by mistakes, oversights, and omissions, or miscalculations that a person makes when doing his job under certain conditions. The theory of the occurrence and prevention of errors associated with human physiology and the environment were described by H. Heinrich's "domino theory". Human errors form sequences in which the first error causes a chain of subsequent ones, keeping one of the dominoes standing behind each other, it is possible to prevent the consequences of an accident in the form of material damage or an accident. Human physiological features such as vision can be one of the dominoes and lead to erroneous actions. In the modern world, non-destructive testing methods are relevant and the role of a defectoscopistꞌs in determining the nature of a defect is quite large. Regular monitoring of vision (prophylactic examination) allows you to identify potential vision problems with a specialist, which can lead to erroneous actions. Human factors research is fundamental to understanding the context in which normal, healthy, skilled, well-equipped and reasonably motivated personnel make mistakes, some of which are fatal and, if the causes of human error are correctly understood, it will be possible to develop more effective prevention strategies errors, their control, and safe elimination.

Chocolate Crisis

2021 ◽  
Author(s):  
Dale Walters
Keyword(s):  
Climate Change ◽  
Child Labor ◽  
Amazon Basin ◽  
Plant Diseases ◽  
Modern World ◽  
Family Farms ◽  
Global Industry ◽  
The People ◽  
Cacao Tree ◽  
Frosty Pod Rot

Chocolate is the center of a massive global industry worth billions of dollars annually, yet its future in our modern world is currently under threat. Here, Dale Walters discusses the problems posed by plant diseases, pests, and climate change, looking at what these mean for the survival of the cacao tree. Walters takes readers to the origins of the cacao tree in the Amazon basin of South America, describing how ancient cultures used the beans produced by the plant, and follows the rise of chocolate as an international commodity over many centuries. He explains that most cacao is now grown on small family farms in Latin America, West Africa, and Indonesia, and that the crop is not easy to make a living from. Diseases such as frosty pod rot, witches’ broom, and swollen shoot, along with pests such as sap-sucking capsids, cocoa pod borers, and termites, cause substantial losses every year. Most alarmingly, cacao growers are beginning to experience the accelerating effects of global warming and deforestation. Projections suggest that cultivation in many of the world’s traditional cacao-growing regions might soon become impossible. Providing an up-to-date picture of the state of the cacao bean today, this book also includes a look at complex issues such as farmer poverty and child labor, and examines options for sustainable production amid a changing climate. Walters shows that the industry must tackle these problems in order to save this global cultural staple and to protect the people who make their livelihoods from producing it.

Curbing CO2 emissions from aviation: Is the airline industry headed for defeat?

Climate Law ◽  
2012 ◽  
Vol 3 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Doaa Abdel Motaal
Keyword(s):  
Airline Industry ◽  
Global Solutions ◽  
Civil Aviation ◽  
High Price ◽  
Aviation Industry ◽  
Climate Mitigation ◽  
The European Union ◽  
Global Industry ◽  
European Court ◽  
The Eu

Two industries have been historically exempt from climate mitigation efforts under the Kyoto Protocol: the international aviation and maritime sectors. This article focuses on the aviation industry, looking at howits “exceptionalism” under Kyoto has fashioned its response to the climate crisis. It is a story of a global industry that has sought to fend off regulation of its CO2 emissions at the global level, until faced with the unilateral imposition by the European Union of its emissions trading scheme on both domestic and international aviation. The EU aviation scheme advantages some carriers while disadvantaging others. Rushed responses by the industry to combat the EU aviation scheme at the International Civil Aviation Organization (ICAO) have not helped matters, with a solution found at ICAO that would distort intraindustry competition, without necessarily fixing the environmental problem. Legal challenges to the EU scheme in the European Court of Justice by the industry have not borne fruit either, as the industry’s arguments have largely been overturned. Today, the industry pays a high price for a muddled approach at the international level to curbing its emissions. Is the lesson that global industries must actively pursue global solutions?

Section 44 of the English Arbitration Act 1996 and third parties to arbitration

2020 ◽  
Author(s):  
George Burn ◽  
Kevin Cheung
Keyword(s):  
Third Parties ◽  
Judicial Interpretation ◽  
National Courts ◽  
Interim Measures ◽  
Court Of Appeal

Abstract Court-ordered interim measures serve to reinforce and support tribunals’ jurisdiction and powers. Practitioners have long understood that national courts can and should apply this supportive jurisdiction against third parties to arbitration over whom most tribunals lack power. However, since 2014, English courts have held, in a series of first instance decisions, that their powers under section 44 of the English Arbitration Act 1996 are not exercisable against third parties to arbitration. Save for one of the powers under section 44, which the Court of Appeal has recently held to be applicable to third parties, this judicial interpretation that section 44 is not applicable to third parties remains in place. The authors argue that this judicial interpretation of section 44 runs contrary to its underlying purpose and the role of the courts in arbitration, and leaves a gap in a regime known for its supportive attitude vis-à-vis arbitration.

scholarly journals Private Power Generation—Opportunities and Challenges

2008 ◽  
Vol 47 (4II) ◽  
pp. 1019-1027 ◽  
Author(s):  
N. A. Zuberi
Keyword(s):  
Science Fiction ◽  
Power Plants ◽  
Banking System ◽  
Civil Aviation ◽  
Modern World ◽  
Thermal Generation ◽  
Hydro Power ◽  
Generation Capacity ◽  
Traffic Systems ◽  
Reliable Power Supply

POWER INDUSTRY DYNAMICS The concept of modern world is imperfect without electricity. The development of modern gadgets in past two decades has made human living as reflection of a science fiction movie. The fiction like living’s axis in fact is electricity and without electricity every thing comes to a grinding halt. Though this picture is portrait of the developed world, yet everyone would agree that wherever electricity has reached, it has transformed everything into power reliant. Whether it is Pakistan or any third world country, the industry; the commerce; the banking system; the methods of teaching in educational institutions; hospitals; control systems of civil aviation and civic traffic systems; and the domestic living, everything revolves around electricity. Whenever there is any break in electricity supply, output of every segment of society drops down to its lowest ebb. Many segments such as process industry and hospitals require highly reliable power supply systems. Truly, electricity is no more a luxury available to rich only; it has now become a basic need. However, scientists have not yet fully succeed in overcoming the challenges posed by the dynamics of electricity. First of all their failure to store electricity on commercial scale has made it necessary to keep generating electricity all the time. However, managing the generation quantum to meet the varying intra-day and inter-day power demand at places which are hundreds of miles apart require dedicated and sophisticated transmission and distribution infrastructure. The problem accentuated in countries like Pakistan where the generation capacity reduces in winter due to lower availability of its hydro power plants and lower availability of gas for thermal generation plants. The transmission cum distribution infrastructure as well as installation cum operations of power generating plants is very capital intensive. Hence it is very difficult for the governments and / or power utilities to develop the generation capacity and the transmission cum distribution network all by itself.

scholarly journals Korpusy językowe jako narzędzie interpretacji prawa. Amerykańska teoria i praktyka

2020 ◽  
pp. 80-90
Author(s):  
Zygmunt Tobor ◽  
Mateusz Zeifert
Keyword(s):  
Corpus Linguistics ◽  
State Courts ◽  
Linguistic Knowledge ◽  
Authentic Texts ◽  
Polish Literature ◽  
Ordinary Meaning ◽  
Legal Literature ◽  
The Us ◽  
History Of ◽  
Linguistic Intuition

In American adjudicating practice and theory of statutory interpretation, great attention is paid to the notion of ordinary meaning of legal text. In order to determine the ordinary meaning, judges usually refer to their own linguistic intuition or dictionaries – both these methods give rise to a number of reservations that have been expressed in legal literature for years. In the last few years, courts have also started using linguistic corpora for this purpose. Linguistic corpora are electronic collections of authentic texts in a given language which can be analyzed using IT tools (e.g. searches, frequency lists, concordances, collocations). Corpus research requires considerable linguistic knowledge and technical skills, and in return it offers statistical data that can reveal a lot about the semantic layer of language. The use of corpora by judges – first in state courts, later also in the federal Supreme Court – sparked lively academic discussion. In Polish literature, this issue has not been discussed so far, which is why the article is essentially of a reporting nature. First, an outline of corpus linguistics is presented. Then the history of the use of linguistic corpora by US courts is reconstructed. Finally, the legal discussion about corpora in the US is presented, with particular emphasis on voices approving their use and on critical voices.

scholarly journals Terrorism, war, and global air traffic

2012 ◽  
Vol 7 (1) ◽  
Author(s):  
Jurgen Brauer ◽  
J. Paul Dunne
Keyword(s):  
Airline Industry ◽  
Panel Data Analysis ◽  
Air Traffic ◽  
Civil Aviation ◽  
General Level ◽  
Traffic Demand ◽  
Global Industry ◽  
State Of The Economy ◽  
Measured Effect ◽  
Using Data

It is thought that one of the affected industries of the 9/11 terror event was the global airline industry through the attack's effects on global air traffic demand for international, scheduled flights. Using data from the International Civil Aviation Organization, this article considers whether this was indeed the case. The study applies panel data analysis, focusing on the 20 largest airline companies. We find that when one takes account of potential confounding factors such as the general state of the economy, global air traffic was not greatly affected by the general level of terrorist attacks worldwide, and that it takes a truly exceptional event such as 9/11 to find a measurable impact on air traffic demand. Even then, the measured effect for the industry as a whole is small in magnitude. The reason for this finding appears to be that the demand for international scheduled air flights is rather heterogeneous across airlines. Aggregating across the whole of the global industry is not in all instances warranted.

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