RECOVERING FOR MARINE LIFE DAMAGE: LEGAL ASPECTS OF ALLOCATING SOCIAL COSTS AND PROTECTING PUBLIC INTERESTS

1977 ◽  
Vol 1977 (1) ◽  
pp. 11-14
Author(s):  
Robert E. Lutz ◽  
John P. Meck
Keyword(s):  
Oil Spills ◽  
Attorney General ◽  
Legal Aspects ◽  
Wildlife Damage ◽  
Use Values ◽  
Adequate Sampling ◽  
Guardian Ad Litem ◽  
Extent Of Damage ◽  
The Right ◽  
Wildlife Refuges

ABSTRACT Determining and evaluating wildlife damage is becoming a necessary procedure in the settlement or adjudication of harm resulting from major oil spills. This is especially so in light of the several present and the many proposed compensation funds which provide for wildlife damage. Once a dollar figure is ascertained, various methods are available in compensating for these damages. In determining damages, two basic problems exist. First is the question of who owns the wildlife or who can assert a claim to ownership of the wildlife. Second, how can the fact and extent of damage to wildlife be assessed. The various theories supporting the right to wildlife damage recovery include: ownership in fee, trusteeship, parens patriae, public interest/private Attorney General, and citizen-guardian ad litem. Ascertaining the fact and extent of damages must be reasonably certain and not speculative. Such certainty can be determined from statistical estimations based on adequate sampling or inventories. Wildlife damage resulting from a major oil spill can amount to many millions of dollars. Arriving at the final figure in most instances necessitates addressing two issues: one, placing a dollar figure on wildlife species having no current market value; two, calculating the damage of the destroyed wildlife in the context of the relevant ecosystem. Methods of evaluating currently non-marketable natural resources and damage to relevant ecosystems include replacement value, psychic value, and consumptive and non-consumptive use values. Means of compensating and settling damage claims can be accomplished by a number of means including the traditional method of direct cash payment. Alternative approaches could include trust funds, specific replacement and restoration programs, maintenance of sanctuaries and reserves, and financing of wildlife refuges and habitats. Compensating for wildlife damage is moving from the strictly unquantifiable approach of civil penalties to an approach which allows for a quantification of damages. This article will discuss many of the issues, as briefly described above, relating to this expanded approach.

Reproductive rights: Legal aspects of the right to sterilisation

Stanovnistvo ◽  
2001 ◽  
Vol 39 (1-4) ◽  
pp. 119-130 ◽  
Author(s):  
Hajrija Mujovic-Zornic
Keyword(s):  
Mental Health ◽  
Free Choice ◽  
Reproductive Rights ◽  
German Law ◽  
Legal Aspects ◽  
Penal Policy ◽  
Abortion Law ◽  
Legal Questions ◽  
The Right ◽  
Voluntary Sterilization

In this paper the author discusses the nature and importance of the right to reproduce, in particular the right to sterilisation. In the time past sterilization has been practiced only as a measure of penal policy or the prevention of mental health diseases. Today, mostly we can speak about the right to sterilization (especially reversible sterilization). The patient have a free choice to decide any method of contraception and that could be a voluntary sterilization (also called human, contraceptive, non-therapeutical in French law, and obliging in German law). Various legal questions about this right can be raised, in accordance of state of reproductive rights (how they are regulated by the law) and the protection of reproductive rights (especially the right of pregnant woman as a patient). Yugoslav law not yet has a complete regulation and adequate solutions in this area, except the abortion law. The primary gynecology care has contraceptive counseling, but concrete measures and education are insufficient. It cannot begin to give consistent answers to all of these questions without a coherent conception of the right to reproduce, which is the primary duty of legal experts.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

scholarly journals On certain development aspects of an ipsas-based system-target approach to evaluation of net asset sustainability level projects in high-rise construction

2018 ◽  
Vol 33 ◽  
pp. 02071 ◽  
Author(s):  
Ruben Kazaryan
Keyword(s):  
Public Sector ◽  
Financial Reporting ◽  
Legal Status ◽  
Accounting Standards ◽  
Legal Aspects ◽  
Financial Reporting Standards ◽  
High Rise ◽  
Net Assets ◽  
Autonomous Institution ◽  
The Right

Problems of accounting and reporting of net assets and the procedure of their formation taking into account the specifics of the economic and legal status of property of a non-commercial autonomous institution are some of the most controversial in the accounting for entities of the public sector. The study focuses on justification of accounting rules for net assets of public sector entities. The methods used in the study are as follows: comparison, synthesis, analysis, logical approach, and system approach. The article examines legal aspects and specifics of recognition of assets of public sector entities in accordance with IPSAS standards (International Public Sector Accounting Standards are a set of accounting standards issued by IPSASB (Council for International Financial Reporting Standards for Public Sector Organizations) used by state-owned enterprises worldwide in preparation of financial statements as of the 31st of August, 2015. The most crucial factor in the modeling of key performance indicators of the system-target approach to estimation of the sustainability level of net assets on the basis of IPSAS is a multicriterial evaluation of the basic management strategy for quality system elements used in operational and strategic planning projects operations in high-rise construction. We offer an alternative evaluation of assets due to be returned to the right holder (the state controller) in the event of liquidation of a public sector entity.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals Life and Death: How Should We Respond to Oiled Wildlife?

2017 ◽  
Vol 9 (1) ◽  
pp. 296-301 ◽  
Author(s):  
Laird A. Henkel ◽  
Michael H. Ziccardi
Keyword(s):  
Natural Resources ◽  
Oil Spills ◽  
Intrinsic Value ◽  
Petroleum Products ◽  
Legal Aspects ◽  
Normal Function ◽  
Life And Death ◽  
Course Of Action ◽  
Wildlife Rehabilitation ◽  
Oil Spill Response

Abstract There is ongoing public debate about the best course of action to take when wildlife are affected by oil spills. Critics of wildlife rehabilitation suggest that the cleaning and release of oiled animals is a waste of resources focused on individual animals (not populations); thus, the most responsible course of action is to immediately euthanize affected animals. These critics claim that survival of rehabilitated animals is poor, and that the funds spent on rehabilitation would benefit wildlife more if spent on other conservation efforts. In this opinion piece, with a focus on birds, we review reasons for engaging in a coordinated response to oiled wildlife that includes cleaning and rehabilitation. The reasons for responding to oiled wildlife in any capacity include ethical, human safety, and legal aspects. Our rationale for proposing that responders attempt to rehabilitate wildlife, rather than planning on immediate euthanasia, includes financial, scientific, and additional ethical reasons. Financially, costs for wildlife rehabilitation are typically a very small portion of overall oil-spill response costs, and are typically independent of postspill enforcement and funds used to restore injured natural resources. Scientifically, we review recent studies that have shown that animals cleaned and rehabilitated after oil spills can often survive as well as nonoiled control animals. Ethically, some people would consider individual animals to have intrinsic value and that we, as consumers of petroleum products, have an obligation to reduce suffering and mitigate injuries associated with such accidents. For these reasons, we suggest that, although humane euthanasia should always be considered as an option for animals unlikely to return to normal function after rehabilitation, response to oil spills should include a coordinated effort to attempt wildlife rehabilitation.

scholarly journals Profili giuridici dell’aborto in Irlanda. Peculiarità e prospettive della vicenda irlandese alla luce della legge Protection of Life During Pregnancy Act (2013)

2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini
Keyword(s):  
Legal Status ◽  
Human Life ◽  
Legal Aspects ◽  
Human Beings ◽  
Right To Life ◽  
Great Chance ◽  
Judicial Decisions ◽  
The Moment ◽  
The Right ◽  
Protection Of Life

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.

scholarly journals Gender problems in newborns: social, medical and legal aspects

2019 ◽  
Vol 64 (3) ◽  
pp. 124-128
Author(s):  
G. N. Komkova ◽  
A. V. Basova
Keyword(s):  
Sexual Development ◽  
Developmental Disorders ◽  
Coming Of Age ◽  
Careful Analysis ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Self Determination ◽  
Constitutional Principle ◽  
The Right

Objective of the study. To analyze the modern literature on the legal regulation of the determination of the sex of newborns with disturbances of sexual development in Russia and abroad, as well as the right of these children for self-determination of their sex upon coming of age. Material and methods. The review is based on the domestic and foreign literature published overthe past 7 years, including in Pubmed. Results. There were revealed the modern problems of the legal regulation of determining the sex of newborns with developmental disorders in the territory of the Russian Federation. Conclusion. The right to the sex self-determination of  the children born with impaired sexual development upon coming of  age requires careful analysis by medical experts, as from a legal point of view it contributes to a more complete implementation of the constitutional principle of equality regardless of gender and ensures human rights in accordance with their perception and attitude.

scholarly journals Lawful Solutions For Violation On Women In Sports

2015 ◽  
Vol 55 (2) ◽  
pp. 97-111
Author(s):  
Zuzana Sakáčová
Keyword(s):  
Violence Against Women ◽  
Slovak Republic ◽  
Codes Of Conduct ◽  
Legal Aspects ◽  
Right To Life ◽  
Women In Sport ◽  
Sport Activities ◽  
The Right ◽  
Women In Sports ◽  
The Relationship

Summary This contribution deals with the legal aspects and acts of violence against a group of women in sport. Discussions about violence in society and thus on violence in sport are often associated with people's thoughts about the moral state of society as a whole. Violence against women is one of the most widespread violations of human dignity. It represents a violation of human rights, namely the right to life, the right to safety, the right to dignity, the right to physical and mental integrity. It is desirable to raise awareness about the prevention of sexual violence at all levels. We have to focus on preventive precautions to support projects to fight violence and intolerance in sport, to develop codes of conduct that determine the relationship between athletes, relations between men and women, as well as relations between coaches and officials, relations between parents and coaches. The Slovak Republic is only at the beginning of the way of creating the relationship between law and sport. Therefore, it is necessary to increase the legal awareness of sport as a tool for regulation in sport activities.

PROTECTION OF CREDITORS IN THE EXECUTION FIDUCIARY GUARANTEE KENDARAAN MOTOR CREDIT

2015 ◽  
Vol 1 (1) ◽  
pp. 62-75
Author(s):  
Nurwati SH., MH.
Keyword(s):  
Moving Objects ◽  
Legal Aspects ◽  
The Other ◽  
Legal Evidence ◽  
Other Hand ◽  
Credit Guarantees ◽  
Legal Security ◽  
Debt Collection ◽  
The Right ◽  
Direct Execution

ABSTRACTFiduciary security is legal security over on moving objects both tangible and intangible, and building or a house on the land belong to someone else, either registered or not, which cannot be burdened with mortgage rights that keep in control of the fiduciary as collateral of debt repayment. If debtor as Fiduciary giver to be insolvent, so the creditor is entitled to have the fiduciary mentioned. For repayment of the debtor and the creditor in this case is called the right separatists.  There are many direct execution in banking practice about the object credit that are not perfect bound of guarantees or not through the insurance agency. Execution is doing by creditors, which debtor accompanied or not, or the object credit guarantees owner. Execution is done by regular sales or through creditor takeover.  Protection of creditors interest doing by giving legal aspects of registration precedes rights while providing executorial title for the fiduciary receivers benefit, on the other hand, the registration arrangements for certain objects that are not listed cause haziness opportunities of law implementation if it isnot done by carefully and clearly. To protect creditors interests, at the time of the debtor defaults, so that creditors as apreferential rights receiver in debt collection and as legal evidence, so warehouse receipts guarantee that the debtor should be given the imposition of bail.Key: Execution, Fiduciary, Creditors, Debtors

Legal aspects of fitness for work

2013 ◽  
pp. 21-41
Author(s):  
Gillian S. Howard
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Legal Aspects ◽  
Employment Law ◽  
England And Wales ◽  
Law System ◽  
Lower Courts ◽  
The Common ◽  
The Uk ◽  
The Right

The English legal system is based on the common law. The common law system in England and Wales developed from the decisions of judges whose rulings over the centuries have created precedents for other courts to follow and these decisions were based on the ‘custom and practice of the Realm’. The system of binding precedent means that any decision of the Supreme Court—the new name for the former House of Lords (the highest court in the UK)—will bind all the lower courts, unless the lower courts are able to distinguish the facts of the current case and argue that the previous binding decision cannot apply, because of differences in the facts of the two cases. However, since the UK joined the European Union (EU), the decisions of the European Court of Justice (ECJ) now supersede any decisions of the domestic courts and require the English national courts to follow its decisions. (Scotland has a system based on Dutch Roman law, and some procedural differences although no fundamental differences in relation to employment law.) The Human Rights Act 1998 became law in England and Wales in 2000 (and in Scotland in 1998) in order to incorporate the provisions of the European Convention on Human Rights into UK law. The two most important Articles applicable to employment law are Article 8(1), the right to respect for privacy, family life, and correspondence, and Article 6, the right to a fair trial.

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