Suchergebnisse

Abstract
Current Canadian law, by silence rather than explicit choice, does not prevent anonymous sperm donation. Anonymous sperm donation, however, may soon disappear. In the recent Pratten decision, the Supreme Court of British Columbia determined that anonymity violates the constitutional rights of children born of Assisted Reproductive Technologies (ARTs). While finding that children should have access to genetic knowledge, the court failed to consider the impact of the elimination of anonymity on other parties to ARTs, both sperm donors and ART families. The case was appealed by the Attorney General of British Columbia and heard by the British Columbia Court of Appeal in February 2012 and was overturned. While agreeing with the decision of the Court of Appeal, this article argues that the court failed to provide a fulsome analysis of issues related to privacy, genetic knowledge, alternative family formation, and the false assertion that sperm donation makes a man a father.

AbstractAttacks on and interference with health care services, providers, facilities, transports, and patients in situations of armed conflict, civil disturbance, and state repression pose enormous challenges to health care delivery in circumstances where it is most needed. In times of armed conflict, international humanitarian law (IHL) provides robust protection to health care services, but it also contains gaps. Moreover, IHL does not cover situations where an armed conflict does not exist. This paper focuses on the importance of a human rights approach to addressing these challenges, relying on the highest attainable standard of health as well as to civil and political rights. In particular we take the Committee on Economic, Social and Cultural Rights General Comment No. 14 (on Article 12 of the International Covenant on Economic, Social and Cultural Rights) as a normative framework from which states' obligations to respect, protect and fulfil the right to health across all conflict settings can be further developed.

We report two results. First, we evaluate the impact of a nationwide anti-firearm legislation passedby the Brazilian Congress in December 2003 (Estatuto do Desarmamento, henceforth ED). Our identificationstrategy hinges on the hypothesis that the law had stronger impact in places where gun prevalence washigher in the baseline. We find evidence that homicides (reduced form) and firearms prevalence(mechanism or first-stage) dropped faster in places with higher gun prevalence after the 2003. Using ourpreferred estimates, the ED saved between 2,000 and 2,750 lives from 2004 through 2007 in cities withmore than 50,000 inhabitants in the state of São Paulo. Second, assuming the ED causes homicide onlythrough its impact on firearms prevalence, we recover a causal estimate of the impact of firearms onhomicides. One standard deviation in the prevalence of firearms reduces homicides by quarter of astandard deviation. We find no impact of both ED and firearms on property crime in general or onrobberies.

We study multiple agents along a general river structure that is expressed by a geography matrix and who have access to limited local resources, quasi-linear preferences over water and money and cost functions dependent upon river inflow and own extraction. Unanimity bargaining determines the water allocation and monetary transfers. We translate International Water Law into either disagreement outcomes or individual aspiration levels. In the former case, we apply the asymmetric Nash bargaining solution, in the latter case the agents have to compromise in order to agree and we apply the asymmetric Nash rationing solution. In both cases the optimization problem is separable into two subproblems: the efficient water allocation that maximizes utilitarian welfare given the geography matrix; and the determination of the monetary transfers associated with the weights. We show that the Nash rationing solution may result in nonparticipation, therefore we generalize to the case with participation constraints.

Until now, legislative interventions on eBooks and libraries have been applied to mass digitization programmes. France has taken further steps, with general regulation of the eBook market. Over and above the French "cultural exception", the eBook price-maintenance law of May 26, 2011, and the decrease in the eBook VAT rate decided in 2012 will have profound effects on this sector and, perhaps, could prevent the strains between publishers and libraries seen in the USA.Moreover there is a problem with regulation, namely: what is an eBook? The French Parliament laid the foundations for the debate, but the answers depend on the EU authorities, who have to define a clear policy. The ongoing discussions could have a major consequence: is the eBook, becoming a juridical object, subjected to the "digital renting and lending right", in line with the 2006 Council directive? This may be the first step towards regulation of the European library market.

As one of the transnational crime of human smuggling caused problems for thegovernment and for Indonesia. But now a days less than two decades the issue of humansmuggling become strategic environment in Indonesia and Asia region encourages humantrafficking crimes to be one type of transnational crime which is the most attention. In this casethe crime of human smuggling different from human trafficking. There for the parties whoinvolved in this case either the government, the police, the Attorney General and even the peopleof Indonesia should interceptions in the crime under this attention. Regarding the legality of thecrime of human trafficking, it seems political Indonesian law requires that it is not only handleby Immigration ranks but also handled by the police. Finally, the police have the responsibilityto conduct the investigation, then investigation by the Attorney General's Police formed a taskforce is will be deal with the Transnational Crime in the case of prosecutions.

В статье рассматривается история формирования уголовных норм, связанных с похищением человека. Автором произведен комплексный анализ статей советского уголовного законодательства, даны общая характеристика выявленных составов и оценка правоприменительной практики. Выявлены основания формирования рассматриваемых норм – возраст и половая принадлежность похищаемого лица, а также цели совершения обозначенных преступных деяний. В статье иллюстрируется глубокая связь криминальной составляющей жизни общества и социально-экономических факторов. ; The article considers the history of the formation of criminal norms related to kidnapping. The author conducts the comprehensive analysis of the soviet criminal legislation articles, and presents the general characteristics of the identified elements and the estimation of law enforcement practice. The foundations for the formation of the norms under consideration – age and sex of the kidnapped person, and the aims of committing these criminal acts are revealed. The article illustrates the deep connection between the criminal component of society life and social-economic factors.

SMU Assistant Professor of Law and NMP Eugene Tan analysed the results of the Punggol East by-election and discussed what it signals next for the People's Action Party (PAP), the Workers' Party, the opposition in general and Singaporeans. He said that while we should be careful not to extrapolate the results of the Punggol East by-election as being a barometer of national sentiment, the results are nonetheless a useful snapshot of the dynamic political situation. He added that PAP urgently needs to connect more with this existential angst, anxiety and aspirations of voters who feel a growing sense of alienation. Doing so would require a more fundamental rethink of long-standing policies such as immigration. Also, the question was not whether Singapore would see more political plurality, but when that would come about. The PAP could opt to be the responsible steward of that development or it can have change forced upon it.

Sport is traditionally governed by international sports organizations (ISOs), which are at the top of self-regulatory networks that extend further over continental and local levels. These organizations attach great importance to their autonomous functioning, making any form of government interference in their activities is studiously avoided. For decades knew the world of sports in this way to enforce his own place in society: the idea of a kind of private government activities that normally are part of the job of a political system, exercises such as the issuing of rules and sanctions and conduct various forms of social policy. This sport largely escaped the normal application of general legal standards as the labor and tax law. In addition to the hierarchical structure of the self-regulatory networks in sport those at the bottom of these networks, ie clubs and players, rarely consulted and almost never actively involved in their policy processes. Adapted from the source document.

In this paper I explore the conflict between managerial and bureaucratic models of public sector management from the discursive perspective in institutional theory. Taking the under-researched case of Germany, I conduct a textual analysis of seminal publications in the discourse on public sector reform and reveal the subversive framing conflict which accompanies the proliferation of private managerial models in the public sector. As the most general result, a frame which advocates the transfer of business-like managerial practices clashes with a counter-frame which opposes this managerialization. I elucidate how these competing frames are composed, which of their components are core and which are peripheral, how the frames relate to each other, and which broader discourses they exploit for legitimization purposes. The results imply that the often assumed superiority of managerial over bureaucratic control is constructed through discourse rather than being a law-like regularity. Adapted from the source document.

Due to the transposition of the EU Directive 2003/10/EC into Irish Law, the entertainment sector was obligated to comply with the requirements of the Safety, Health and Welfare at Work (General Application) Regulations 2007, Chapter 1 Part 5: Control of Noise at Work since February 2008. Compliance with the Noise Regulations was examined in 9 nightclubs in Ireland. The typical daily noise exposure of 19 bar employees was measured using 2 logging dosimeters and a Type 1 fixed position sound level meter. Physical site inspections identified nightclub noise control measures. Interviews and questionnaires were used to assess the managers and employees awareness of the noise legislation. The average bar employee daily noise exposure (LEX, 8h) was 92 dBA, almost 4 times more than the accepted legal limit. None of the venues examined were fully compliant with the requirements of the 2007 Noise Regulations, and awareness of this legislation was limited.

AbstractIn recent years, the European Union ('eu') has taken a number of initiatives with a view to co-ordinating consular assistance in third countries. Not only have EU citizens an entitlement to consular assistance by any EU Member State in the absence of a representation of their own, but EU Member States themselves are encouraged to co-operate by means of the Lead State Concept and other forms of co-operation. While this may seem relatively unproblematic from the perspective of the EU, it is very difficult to reconcile with general international law. The various EU agreements in this area have no application to third States: some do not have legally binding form and even those that do only apply to the parties to the treaties, ie EU Member States. This article will present the situation, analyse its complexities and offer some reflections on the global application and desirability of the regime created by the EU.

For many, the enactment of the European Union's Treaty of Lisbon, with its range of significant human rights provisions, marks the EU's coming of age as a human rights actor. The Lisbon Treaty inaugurated the legally binding character of the EU Charter of Fundamental Rights (EU Charter), enshrined a commitment to accede to the European Convention on Human Rights (ECHR), and, in Article 2 of the Treaty on European Union (TEU), identified human rights as a foundational value. These changes have already drawn comment as developments that "will change the face of the Union fundamentally," that take the protection of rights in the EU "to a new level," and that indicate that "the arguments for improving the status of human rights in EU law… have finally been heard. There is general agreement, in other words, that the EU has reached the high point of its engagement with human rights.