Die Haftung des Betriebsrats und seiner Mitglieder gegenüber Beratern

2021 ◽  
Author(s):  
Felicia von Grundherr

The legal position of the works council in relation to external consultants has not yet been conclusively clarified. Based on an examination of the legal and financial capacity of the works council, the work provides a comprehensive overview of the liability for fee claims of works council consultants. The author argues for the liability of the works council chairperson under sec. 179 BGB analogously. Concerns regarding the legal framework of work council’s members’ activities must be resolved where they arise. She argues for the creation of a submission competence of the works council chairman de lege ferenda.

2020 ◽  
pp. 72-82
Author(s):  
I.L. Kapylou

The article describes the achievements and determines the prospects for the standardization of Belarusian onyms: it examines the problems associated with the establishment of official written forms of toponyms, the creation of normative onomastic reference books, the functioning of onyms in the situation of the state Belarusian-Russian bilingualism in Belarus, the transliteration of foreign names into the Belarusian language, the preparation of a legal framework and development of a program for proper names romanization.


Author(s):  
Ariane Lewis ◽  
Andrew Kumpfbeck ◽  
Jordan Liebman ◽  
Sam D. Shemie ◽  
Gene Sung ◽  
...  

There are varying medical, legal, social, religious and philosophical perspectives about the distinction between life and death. Death can be declared using cardiopulmonary or neurologic criteria throughout much of the world. After solicitation of brain death/death by neurologic criteria (BD/DNC) protocols from contacts around the world, we found that the percentage of countries with BD/DNC protocols is much lower in Africa than other developing regions. We performed an informal review of the literature to identify barriers to declaration of BD/DNC in Africa. We found that there are numerous medical, legal, social and religious barriers to the creation of BD/DNC protocols in Africa including 1) limited number of healthcare facilities, critical care resources and clinicians with relevant expertise; 2) absence of a political and legal framework codifying death; and 3) cultural and religious perspectives that present ideological conflict with the idea of BD/DNC, in particular, and between traditional and Western medicine, in general. Because there are a number of unique barriers to the creation of BD/DNC protocols in Africa, it remains to be seen how the World Brain Death Project, which is intended to create minimum standards for BD/DNC around the world, will impact BD/DNC determination in Africa.


2021 ◽  
Author(s):  
E. Donald Elliot ◽  
Daniel C. Esty

Providing a comprehensive overview of the current and developing state of environmental governance in the United States, this Advanced Introduction lays out the foundations of U.S. environmental law. E. Donald Elliott and Daniel C. Esty explore how federal environmental law is made and how it interacts with state law, highlighting the important role that administrative agencies play in the creation, implementation, and enforcement of U.S. environmental law.


2016 ◽  
Vol 21 (4) ◽  
pp. 188-195
Author(s):  
Tatyana G. Suranova ◽  
V. V Nikiforov

Recognition of the globality of biological hazard problems put forward a new task for health professionals - the creation of a system ofprotection based on the continuous comprehensive monitoring of real and potential biological threats. The article is devoted to the classification of biological threats.


Author(s):  
Duško Glodić

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.


Author(s):  
Arlindo Oliveira

Some of the challenges and promises that would stem from the creation of digital minds are presented and discussed. In particular, this chapter addresses the possibility that, in the future, there may exist digital persons, digital minds that have personhood rights and duties. The non-obvious possibilities raised by the creation of digital minds are discussed in some detail, including the possibility of time-travel, eternal life, and unlimited duplication. Many of the questions raised by the existence of digital minds have no obvious solution in our current legal framework, and will need to be addressed in the coming decades. Digital minds may decide to live entirely in virtual reality, using technologies that are now under development. That would raise possibilities that are hard to phantom, given our present day knowledge.


Author(s):  
Cathrine T. Nengomasha ◽  
Wilhelm E. Uutoni

This chapter discusses e-government initiatives in Namibia. A literature review shows that worldwide most e-government initiatives at national and local government are associated with the creation of websites with the aim of enhancing access to information. Whilst most governments are at this stage, a few have moved on to the stage of providing personalised e-services. The chapter provides the physical context, e-government readiness status, including the legal framework, and the implementation of e-government in Namibia. It also looks at the public or citizens' awareness of e-government. Using desk research, the chapter presents indicators used in e-government readiness assessments from various studies to show the level of Namibia's e-government adoption. A number of the indicators reflect some of the factors that hinder Namibia's progress in e-government implementation. In Namibia's case, some of these include the low usage of ICTs and affordability. The study concludes that Namibia is still at level one of its four-phase e-government implementation strategy.


Author(s):  
Sarah Katharina Germann

The International Space Station is certainly one of the most astounding achievements of humankind in space. Especially from a legal point of view, the creation of the Intergovernmental Agreement (IGA) and its sub-instruments specifically for the ISS was a major success: the IGA was the first grand-scale multi-national legally binding space-related treaty drafted, ratified, and implemented by the major space faring nations since the drafting of the five UN Space Treaties roughly 20 years before. And still today, the legal framework of the ISS is a stand-alone legal system which can serve as model for other missions, as it refines and develops in an innovative way the rules laid out in the five UN Space Treaties and at the same time manages to coordinate and organize management, utilization, and financing between all the partners. This chapter intends to shed light on the complex legal system governing the ISS and to point out the novelties of the IGA-Structure in comparison with the conventional body of international space law.


2009 ◽  
pp. 326-346
Author(s):  
Charles O’Mahony

This chapter will discuss the legal framework for consumer and data protection in Europe. Central to this discussion will be the law of the European Union (EU) on data and consumer protection.3 Recent years have seen the creation of legal frameworks in Europe which seek to secure the protection of consumers while simultaneously facilitating economic growth in the European Union. This chapter will outline the main sources of law which protect consumers and their privacy. This chapter will outline the important provisions in these sources of law and critically analyse them. The chapter will also point up the gaps and deficiencies in the consumer and data protection legal structures.


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