Suchergebnisse

Статья посвящена критическому анализу проекта изменений ГК РФ в части проблемы активной исковой легитимации и инициативы суда в признании ничтожности сделок одной из наименее тщательно проработанных при подготовке Концепции совершенствования ГК и Проекта. Исследование выполнено на средства гранта Президента РФ для государственной поддержки молодых российских ученых докторов наук (МД-714.2010.6). ; The RF Civil Code does not mention such kind of remedy as declaration of the juristic act as and void, does not define the circle of plaintiffs in such suits, and does not provide an opportunity to declare the ity of a juristic act at the court initiative. At the same time the parties of a juristic act or a third party can be interested in elimination of legal uncertainty created by such an act. And this interest needs protection by judicial declaration of ity of a juristic act. The proposals on this issue, contained in the Draft Amendments to the Russian Federation Civil Code (Draft further on), are not consistent and free from contradictions. 1) Systemic discordance between the Draft's rules about juristic acts and general contract provisions is obvious. Such a double regulation is excessive and contradicts the principle of legislative economy. In addition, this mismatch can produce considerable difficulties in legal practice. 2) According to Para 2 Part 3 Art. 166 of the Draft "bringing of a suit for declaration of invalidity of a and void juristic act regardless of the application of consequences of its invalidity is allowed if the plaintiff has the law protected interest in declaring such a juristic act as invalid". But the plaintiff's subjective right or law-protected interest is a necessary precondition for satisfaction of any claim. However, the proposed rule is not only excessive but, moreover, objectionable because it can cause wrong interpretations. 3) The Draft's general provisions about contracts are supplemented by Art. 4311 "Invalidity of Contract". However, it is not clear what specific feature of contract requires the necessity of these special provisions and why they were not included into the general juristic act's provisions. 4) According to Para 1 Part 3 Art. 4311 "suit about declaration of ity of the juristic act … can be brought by any concerned person on condition that this person will provide the evidences of infringement by this contract of his/her rights or law-protected interests". Besides the lack of terminological unity between this rule and the similar provision of Para 2 Part 3 Art. 166, that will cause a lot of collisions during the application process, this rule ignores universally recognized postulates of civil law and civil procedure: (a) the necessity of the right or law-protected interest evidences adducing is a general procedural requirement called "burden of evidence"; (b) the proof of the circumstances referred to by the plaintiff is a condition for claim satisfaction, but not a condition of "bringing" of a suit; (c) the conclusion of the contract itself does not violate subjective rights or law-protected interests; and, therefore, the provision of Para 1 Part 3 Art. 4311 would be impracticable under a strict formal legal approach, and would exclude even a possibility to bring the suit for declaring a juristic act as and void. De lege ferenda the author offers his own version of relevant rules.

Рассматриваются причины кризиса бельгийского федерализма. Отсутствие компромисса между различными региональными партиями из-за электорального округа Брюссель-Хал-Вилворде стало причиной политического кризиса и камнем преткновения в бельгийской политике. Бельгийский федерализм не интегрировал языковые сообщества на основе единого национального союза. Ряд индикаторов свидетельствует о кризисе государства-нации и о том, что данная проблема заслуживает внимания со стороны исследователей для анализа перспектив развития европейского федерализма. ; In this article the effects of Belgian federalism on its linguistic minorities, specifically the French, Flemish and Flanders, are examined. Since the time of formation of the electoral district of Brussels-Halle-Vilvoorde, it became a stumbling block in the Belgian policy. The author begins by posing a question on whether Belgian federalism has resolved the cohabitation of its different linguistic groups and ensured their proportional representation in federal government. The analysis of the historical background of the difficulties between the groups, as well as a description of the federal structures that have been adopted to improve these difficulties, is provided. An important aspect of the article is its analysis of the outcome of these political structures on the interactions between the minorities. Within the limits of modern Belgian federalism where all depends on struggling for repartition of the power and influence of regional parties, the constructive decision on electoral district has not been found yet. And it leads all Belgian federalism to nowhere. Belgium is one of the EU founding countries. Its active participation in Euro integration processes is based on ideology of federalism and national consensus, adherence to which has never been questioned publicly. In the opinion of many observers Belgium is in the phase of crisis of federalism. The status quo preservation can lead to a breakdown of a nation-state in the heart of Europe. Therefore, Belgium has become a political laboratory of European federalism having realised in practice a model of a decentralised and regionalized state based on the principle of ethnic and linguistic pluralism. The Belgian experience of territorial reforming looked attractive and prospective enough, until the idea of regionalism supported by the ideology of nationalism has not questioned the existence of the national state Belgium. At present Belgium is at historical and political crossroads. Belgium has always personified the European idea and the breakdown of the nation-state will be the collapse of the federal Europe, the Europe of regions and all other Europes except the Europe of the national states. The experience of search of the compromise in the ethnic variety of Belgium and dialogue construction in the federative state is a lesson for modern multinational states. The specificity of evolution of ethno-regional parties in the view of national contradictions in Belgium leaves the question unanswered of the future of the national states in the system of the European political institutes when solving problems of internal policy. Within modern Belgian federal mechanism where all depends on the struggling for repartition of the power and influence of regional parties, the constructive decision on election district of Brussels-Halle-Vilvoorde will not be found. Federalism in Belgium has failed to integrate different communities, as it has not fostered national unity. Some indicators predict that there is a threat of the collapse of the nation, and that this is a serious cause for attention.

Анализируются проблемы доказывания мотива и цели преступления в контексте судебно-следственных действий. Предлагается системное установление мотивации преступного поведения путем определения взаимосвязей между мотивом и целью преступного деяния с учетом явлений полимотивации и множественности целей. ; The problems of proving the motive and purpose of a crime in the context of forensic investigation are analysed in the article. From the critical point of view the practical approach for criminal motives determination is considered on the basis of the model self-interest − personal hostility − disruptive behaviour. The author draws the line at non-mixing of the motive, purpose and emotional background of a crime. It is proposed to establish comprehensive motivation of criminal behaviour by identifying interrelation between the motive and purpose of a criminal act taking into account phenomena of polymotivation and multiple purposes. The necessity of revealing not only nearby but distant goals of a criminal is proved. As a methodological ground to establish motivation of criminal behaviour an active approach is used, which states that one should carry out a detailed pre-criminal, criminal and post-criminal behaviour investigation of a person who committed a crime. The article gives a brief review of procedural means of proofs good for establishing motivation of criminal behaviour with reference to a broad range of opportunities applied by forensic psychological examination. The recommendations for working up final procedural documents regarding fixation of the motive and the criminal act are set in the article. The existing simplified approach to the determination of criminal behaviour motivation leads to a considerable number of investigative mistakes, incorrect classification of crimes, disregard of true motives of a crime, intended decrease of the purposes range of a crime, determination of unfair punishment, wrong application of some civil legislation institutions. The motive and purpose of a criminal act are to be investigated along with other circumstances of a case using criminal procedure means stipulated by law. Determination and investigation of the criminal behaviour motivation must be carried out by a complex of the following investigation actions: examination of the scene of action; interrogation of the suspect, accused of a crime, the defendant; interrogation of the crime victim; interrogation of witnesses; legal search; forensic psychological examination. The algorithm of criminal behaviour motive determination by means of the scene of action inspection can be presented as follows: apparent consequences of a crime ground for committing a crime immediate aim of a crime. While interrogating the suspected and the accused person by asking proper questions one should lead the interrogated person out to the general background of his/her personal interests thus understanding his/her distant goals and sense of existence. Interrogation of persons who were acquainted with the subject of a crime before he had committed a crime in their joint operation, study, place of residence, leisure time, participation in the activity of social organizations, sports clubs (neighbours, acquaintances, colleagues, etc.) can be useful. While carrying out the legal search special attention should be paid to the criminals products of intellectual activity (diaries, note-books, autobiographies, nota benes, letters, telegrams, e-mail messages), as well as his living conditions at the place of residence.

Построение «сервисной» модели государства предусматривает ориентацию на потребителя государственных и муниципальных услуг. Это предопределяет проведение социологических исследований с целью выявления степени удовлетворенности населения указанными услугами. Показано, как неоднозначное толкование понятия «муниципальные услуги» порождает проблемные аспекты методики оценки удовлетворенности. ; Innovative processes in public administration and municipal management are largely oriented at building a service state model, when the state is an institution offering services to the public. The key measure of power efficiency is the quality of public services, and the quality means the degree of public needs satisfaction. Such a model is meant to identify the evaluation of public services. In the Russian Federation according to regulations, sociological surveys of urban districts (metropolitan regions) must be carried out to find out the degree of satisfaction with municipal services since 2008. Determination of the subject for sociological study needs an accurate definition of the term municipal services. The paper links the concept content with a number of local problems to be solved by the local government bodies (LGB). To solve the problems, the LGB are to develop and realize a complex of legal and technical-organizational measures. It is hard for a citizen to evaluate adequately the work of the local authorities within this aspect. Therefore, the population should be given the right to assess the final result along with the procedure of receiving the service. And the local authorities should be obliged to draw conclusions and take measures connected with planning, realization, coordination and control. The identification of the public service content, proceeding from the social functions of the relevant area, also arrives at a conclusion that the consumers are not experts in these fields, so it is necessary to focus on the choice of general criteria. Since the municipal services are hierarchical in one and the same field, the author suggests that the assessment of the National Health Service, education, etc. should be excluded from the analysis. When forming the methods of evaluation it should be determined which services to take into consideration: those secured by the budgetary financing or others as well. Besides, it is important to know which mechanism of the managerial decision is taken by sociological information. In keeping with this it can be either only quantitative or both quantitative and qualitative. On the whole, when giving the sociological evaluation of the quality of public services, it is necessary to take into account the ambiguity of the following approaches: a citizen is treated either as a customer getting a service or as a representative of the population at large a citizen evaluates the LGB performance in accordance with the accomplishment of measures leading to providing services or the final result analysing the final result, a citizen assesses either the performance of the authority or of the institution which provided the service a citizen evaluates the services offered 1) free of charge or 2) at prices regulated by authorities or 3)on market terms catering for citizens opinion results in either taking financial decisions or adjustment of service content. The choice of this or that service affects the method of satisfaction evaluation.

Защита банковских вкладов физических лиц является важнейшим элементом стабилизации банковской системы. Страхование вкладов призвано защитить интересы вкладчиков банков, предупредить панику и не допустить её распространения на всю банковскую систему. Защита вкладчиков коммерческих банков является не просто защитой потребителя, это неотъемлемый элемент банковского регулирования, который создаёт необходимые условия для поддержания стабильности банковской системы. ; Development of the banking system recently occurs in the conditions of the world financial system crisis. This circumstance was reflected in methods of regulation of banking activities and, first of all, in methods of legal regulation. The taken measures were directed at easing the process of overcoming the crisis, at creation of the mode allowing providing preservation of solvency and liquidity of commercial banks at a necessary level to maintain the stability of the banking system. In this connection, the governments of many countries activated the works on creation or modernization of mechanisms of national banking systems promoting maintenance and effective protection of interests of bank investors who start to experience difficulties or go bankrupt. When the system of deposit insurance appeared, the cases of mass simultaneous deposits withdrawals in banks because of the fear of banks bankruptcy were rare. However, the situation which has developed in the world during the recession when many banks were at the edge of bankruptcy showed in all countries that worldwide deposit insurance systems have no accurate internationally recognized reference points, which would help estimate their efficiency. In the article the author's position consisting in the necessity of definition of functions and powers concerning the actions of banks-participants, deposit insurance agencies and the Bank of Russia is presented and given reason at carrying out of reorganisation and financial improvement of banks. The aims set before the deposit insurance system define functions and powers of the body controlling the system the deposit insurer. The system of deposit insurance can deal with a limited number of simultaneous bank bankruptcies, but cannot independently resolve the system bank crisis. For this purpose active intervention of supervising and regulating bodies is necessary. The success of the insurer of deposits at settlement of bankrupt establishments with the least costs depends on its powers and the problem nature. Transfer of the turnaround manager function to the deposit insurance agency is an important constructive element of the deposit insurance system in Russia. That has in turn revealed a number of problems connected with, first, mutual relations between the agency and the regulation and supervision body the Central Bank, second, performing the supervising function over the activities of banks, third, timely informing the agency on the financial condition of banks, regulation of information streams. On the basis of the conducted research, the author has come to a conclusion that at the given stage to take away the Central Bank's supervision function and to assign it to the deposit insurance agency completely is impossible, since it is the mechanism which has long been settled and it can lead to a collapse in the banking system. Transfer of a part of the corresponding powers by the Bank of Russia downwards will definitely not add stability to the banking system. Therefore the de posit insurance agency is gradually becoming the most active and effective participant of the supervision mechanism over the commercial banks activities.

Whilst Edward Gibbon's Memoirs of My Life comprise a notoriously complex document of autobiographical artifice, there is no reason to question the honesty of its revelation of his attitudes to geography and its relationship to the historian's craft. Writing of his boyhood before going up to Oxford, Gibbon commented that his
vague and multifarious reading could not teach me to think, to write, or to act; and the only principle, that darted a ray of light into the indigested chaos, was an early and rational application of the order of time and place. The maps of Cellarius and Wells imprinted in my mind the picture of ancient geography: from Stranchius I imbibed the elements of chronology: the Tables of Helvicus and Anderson, the Annals of Usher [sic] and Prideaux, distinguished the connection of events . . .
This seems a fairly direct comment on Gibbon's attitude to geography as a historian in that it is confirmed by various of his working documents and commonplace book comments not aimed at posterity and by the practice embodied in his great work that was thus targeted, the Decline and Fall. Taking Gibbon's private documents, the first manuscript we have in his English Essays, for example, is a tabulated chronology from circa 1751 when Gibbon was fourteen years old, which begins with the creation of the world in 6000 BC and runs up to 1590 BC, this being exactly the sort of material which could be commonplaced from the likes of Ussher and Prideaux. Matching this attention to chronology is a concern with geography, and indeed the two are coupled together as in his comment in the Memoirs. Thus in his Index Expurgatoris (1768–9), Gibbon berates Sallust as "no very correct historian" on the grounds that his chronology is not credible and that "notwithstanding his laboured description of Africa, nothing can be more confused than his Geography without either division of provinces or fixing of towns". In this regard, Gibbon the author of the Decline and Fall was a "correct" historian, in that he was careful to frame each arena in which historical events were narrated in the light of a prefatory description of the geography of the location under discussion. This is most readily apparent in the second half of the opening chapter of the work, where Gibbon proceeds on what his "Table of Contents" calls a "View of the Provinces of the Roman Empire", starting in the West with Spain and then proceeding clockwise to reach Africa on the other side of the Pillars of Hercules, a pattern of geographical description directly mirroring ancient practice in Strabo's Geography and Pomponius Mela's De Situ Orbis. But this practice of prefacing a historical account with geographical description repeats itself at various points in the work, as when, approaching the end of his grand narrative, Gibbon reaches the impact of "Mahomet, with sword in one hand and the Koran in the other" on "the causes of the decline and fall of the Eastern empire". Before discussing the birth of Islam, Gibbon treats his readers to a discussion of the geography of Arabia, beginning with its size and shape before moving on to its soils, climate and physical–geographic subdivisions.

The following document, previously unpublished, was written in March 2010 by a recently retired ( June 2009) U.S. Army colonel with thirty years experience in the Middle East, including tours of duty and advisory roles (in both military/security and civilian domains) from North Africa to the Persian Gulf. The subject of the informal report is the author's first two trips as a "civilian" to Israel and the West Bank, where he had served two tours of duty, most recently as U.S. military attachéé in Tel Aviv during Israel's 2005 unilateral disengagement from Gaza and the formation of the U.S. Security Coordinator's (USSC) mission to reform Palestinian Authority (PA) security forces.
Written as an internal document for military colleagues and government circles, the report has been circulating widely——as did the author's earlier briefings on travel or missions in Syria, Lebanon, Jordan, Egypt, and especially Iraq——among White House senior staff, the Joint Chiefs of Staff, the Defense Intelligence Agency, CENTCOM (U.S. Central Command), EUCOM (U.S. European Command), and the USSC team.
The document's focus is the state of the "peace process" and the current situation in the West Bank, with particular attention to the PA security forces and the changes on the ground since the author's last tour there ended in mid-2007. But the real interest of the paper lies in the message directed at its intended audience of military and government policy officials——that is, its frank assessment of the deficiencies of the U.S. peace effort and the wider U.S. policy-making system in the Israel-Palestine arena, with particular emphasis on the disconnect between the situation on the ground and the process led by Washington. The critique has special resonance in light of the emerging new thinking in the administration fueled by the military high command's unhappiness (expressed by CENTCOM commander General David Petraeus and Joint Chiefs of Staff chairman Admiral Michael Mullen) with the State Department's handling of Middle East diplomacy, especially with regard to the Israeli-Palestinian conflict, on the grounds that diplomatic failures are having a negative impact on U.S. operations elsewhere in the region.
For most JPS readers, the report has additional interest as an insider's view of the U.S. security presence in the Israel-Palestine arena. It also reflects a military approach that is often referenced but largely absent in public discourse and academic writings.
The author, in addition to his tours of duty and peacekeeping missions in various Middle Eastern countries, has served as advisor to two U.S. special Middle East envoys, the U.S. negotiating team with Syria, General Petraeus, Lieutenant General Keith Dayton, Vice President Dick Cheney, and, more generally, to CENTCOM, the Department of Defense, and the Joint Chiefs of Staff, among others. In retirement, he has worked with CENTCOM as a key primary subject matter expert in the development of analyses and solutions for its area of responsibility, leads predeployment briefings for army units heading to Iraq, and travels frequently to Iraq and elsewhere in the region as an independent consultant. He is currently in Afghanistan with the CENTCOM commander's Afghanistan-Pakistan Center of Excellence.
The report, made available to JPS, is being published with the author's permission.

Maģistra darba tēmas "Pierādīšanas mērķis kriminālprocesā" izvēle ir noteikta ar tēmas aktualitāti, kā arī ar iztirzājamā jautājuma svarīgumu. Tēmas aktualitāti apstiprina gan pastāvošas diskusijas juristu vidu sakarā ar tiesību normām, kas regulē pierādīšanas procesu, kā arī tas, ka pierādīšana ir jebkura procesa neatņemam sastāvdaļa. Pierādīšanas mērķa sasniegšana kriminālprocesā ir atkarīga no dažādām niansēm, kuri sava pamatā ir virzīti lai noteiktu patiesību lietā un nodrošinātu taisnīgu tiesvedību. Maģistra darba uzdevums – noskaidrot pierādīšanas mērķi un ar kādiem līdzekļiem iespējams to sasniegt, kādi ir pierādījumu veidi un to klasifikācija. Maģistra darbs sastāv no ievada, sešām nodaļām un kopsavilkuma, kā arī no darba izstrādē izmantotas literatūras un normatīvo aktu saraksta. Darba ievaddaļā autore uzsver tēmas aktualitāti, kā arī pamato tēmas izvēli, norāda uz darba pamatuzdevumiem, kuri tika noteikti izstrādājot darbu. Darba pirmā nodaļā ir skatīti pierādīšanas mērķa dažādi formulējumi, kuri ir sastopami Latvijas un ārvalstu autoru monogrāfijās, kā arī Latvijas likumdevēja sniegtā definīcija. Darba otrajā daļā tiek apskatīts pierādīšanas standarta jēdziens, kā arī pierādīšanas mērķa un standarta saistība. Darba trešajā daļā tiek sniegta pastāvošās pierādījumu klasifikācijas analīze, savukārt ceturtajā daļā tiek skatīti pierādīšanas subjekti un pierādīšanas nasta. Piektā daļa raksturo pierādīšanas robežas. Sestā daļā – pierādījumu veidi. Maģistra darba tēma tika izstrādāta kopsakarā ar LR pastāvošo tiesu praksi. Darba kopsavilkumā tiek piedāvāti secinājumi, kuri ir radušies tēmas iztirzāšanas rezultātā. ; The choice of master's work subject "The purpose of the evidence in the criminal process " was made due to relevance and importance of the subject. Relevance of the subject is confirmed with the existing discussions among lawyers regarding the legal standards that rules the process of evidence and that evidence is an integral part of any process. The purpose of the evidence in the criminal process is determined by the mass of the procedure the subtleties and nuances, but all of them in their original conception are aimed at establishing the truth as a precondition of fair justice in criminal cases. The aim of master's work - to find out what the purpose of the evidence and by what means it is possible to achieve, what are the types and classification of evidence. Graduate work consists of an introduction, six chapters, conclusion, as well as a bibliography and a list of regulatory frameworks that were used to develop this work. Introduction to the work, the author stresses the relevance of the topic, and also explains why the choice of topics, points to the main tasks that put forward in the study of the question posed. In the first section examined the various formulations of the proof goal, which may be found in monographs by Latvian and foreign authors, and the definition offered by the Latvian legislator. In the second chapter examines the definition of the standard of proof, as well as the relationship between the target and the standard of proof. In the third part, provided an analysis of existing classification of evidence, and the fourth part - the subjects discussed and the burden of proof. The fifth part describes the boundaries of evidence. The sixth part deals with the characteristics of evidence. The topic under consideration was examined in conjunction with the judicial practice in the Republic of Latvia. Conclusion of this study were the findings in the development of the topic.

Although recent healthcare reform has expanded health insurance coverage and increased the coverage for selected major diseases, healthcare is still a heavy financial burden for many patients. The advance payment total method commonly used by government health insurance sector in paying medical care providers cannot effectively control the waste and inefficiency in the use of health insurance funds. As a result, abuse of medical examination and surgery, shirking critically ill patients, arbitrary medical charges, indiscriminate drug prescription, artificially high drug prices, and fraudulent insurance claims still exist in some medical institutions. To make healthcare accessible and affordable to China's 1.3 billion people, the author proposed that "1 + N" universal health insurance would be a solution where "1" represents one model—the "413" model, and "N" stands for a number of corresponding supporting measures. The "413" model has been pilot launched in Jiu Jiang City among employees of some financially challenged state-owned enterprises and has been proven effective in improving health service quality and containing healthcare budget. This model includes "four fixed," "one freedom," and "three-party payment." The four fixed are fixed visiting hospital for the patient, fixed per capita health care costs (based on age and covering clinic, hospital, and preventive care), fixed health care responsibility, and fixed number of patients for a given hospital. Based on this, the government health insurance sector assigns the total health care costs to contracted hospitals (or hospital groups) and the hospitals keep any left-over in costs but will not get reimbursed if costs overrun. The "one freedom" means the patients have the freedom of changing their hospital choice once a year when unsatisfied with current hospital. Under the "three party payment," the hospital pays the most part of the healthcare costs, the patient pays a small portion, and the government health care agencies pay the special costs caused by major infectious diseases or natural disasters. This model requires a number of supporting measures. First, a close network of urban and rural community general hospital group must be established to effectively cover clinic, hospital, and preventive care with the fixed per capita health care costs. Second, to improve the efficiency and service quality of public hospitals, private general hospitals or hospital groups must be encouraged. Third, allow patients to choose voluntarily between the 413 model and other health care management models according to the ability to pay of the individuals and their employers. Fourth, hospitals should improve management in order to control cost and enhance service quality. Fifth, government health care funds should focus on the universal health insurance which encourages prevention and early treatment of diseases, especially for the impoverished people. Finally, government health care agencies should give the hospitals the right of using the per capita health insurance funds below the threshold. Government agencies should focus on the coordination of the funds for major diseases above the threshold. In summary, the "1+N" method bases on the "413" health insurance model and calls for a number of supporting measures. It will be effective in improving the health service quality and making healthcare affordable to China's 1.3 billion people.

The author argues in this article that, in spite of the fact that the agreements on peace and democracy contained in Esquipulas I and II contributed to advance the autonomy of the Atlantic Coast, the political will expressed in them was not made extensive to other domains that were also addressed in the agreements. Among these, the effective reintegration of the municipalities of El Rama, Nueva Guinea, Muelle de los Bueyes and El Ayote to the South Atlantic Autonomous Region (RAAS), and Mulukukú and Waslala to the North Atlantic Autonomous Region (RAAN). The same is true, he points out, for the fight against poverty, inequality, the exclusion of indigenous and afro-descendant peoples and other severe social and economic problems. Those, he claims, were the true causes and background of the armed conflicts that for so many years have darkened the Central American people, including the populations of the Coast. DOI:10.5377/wani.v56i0.225Wani No.56 2007 pp.61-67 ; En este artículo, su autor afirma que, a pesar de que los acuerdos de paz y democracia de Esquipulas I y II impulsaron la autonomía de la Costa, sin embargo, esa voluntad política no se hizo extensiva a otros aspectos contemplados, entre éstos, la efectiva reintegración de los municipios de El Rama, Nueva Guinea, Muelle de los Bueyes y el Ayote a la Región Autónoma del Atlántico Sur, y Mulukukú y Waslala a la RAAN. Así como también la lucha contra la pobreza, la desigualdad, la exclusión de pueblos indígenas y pueblos afrodescendientes, y otros graves problemas sociales y económicos que fueron las verdaderas causas y trasfondo de los conflictos armados que por tantos años habían enlutado a los pueblos centroamericanos, entre ellos, los pueblos indígenas de la Costa. DOI:10.5377/wani.v56i0.225Wani No.56 2007 pp.61-67Kus tawanni ramhni balna dawak Esquipulas kau la balna ahana kidika. Adika uhulna akat, ulna daniwan yaklauwi yulwi, Esquipulas I dawak II kau, la balna uhulwi yayakna pas yakat uhulna dai war dis pri lani kat bang atnin yulni dawak pri lani kat ma ramhki balna yulna atnin kaput bik kus kau alas lani kat yalahnin lani balna yulni bik uhulna dai, kaunah adika dini balna bitik kidika kapat laihwi yayamwas dadana, as as yuldi yakdarang kat laih, sauni sahwi yakna balna El Rama, Nueva Guinea, Muelle de los Bueyes, dawak Ayote atwa balna kidika, ma sauki sahwi yakna nuhni Atlantik Kus Wadah saitni yakat duwi uiwi pakna atnin dai, dawak Mulukuku, Waslala karak laih, ma sauki sahwi yakna nuhni Atlantik Kus tingpal saitni yakat duwi uiwi pakna atnin dai. Kaput bik muih miniknakunni palni bang kidi yakat bik kalpararaswaski, bu as as kat uba yamni bangki dawak baisa mahni kau kidika laih dutni palni bangki, muih sasani balna dawak indian balna kidika witingna pasnina yakat awi duduwaski alas dadawakat bangki, kaput bik, witingna ampat bang kidi tranibil dawak lalah walwi yaknin tranibil balna bitik yulni kuduh biri biri arakbus karak kal ihiwi uina dai kurih mahni kau dawak Centroamerica bitik pas yakat muih mahni palni dadauna dai, kaput adika pas yakan bangki kus indianni tawanni balna bik.

O aumento na construção de projetos de infra-estrutura financiados pelo setor privado na Índia tem forçado os empreendedores a demandar cronogramas de projetos altamente comprimidos, devido ao risco político e à geração antecipada de receitas. Como resultado, muitos dos contratos são baseados no modelo EPC (Engineering, Procurement and Construction), contrato que permita ao contratante planejar e controlar as fases de EPC. A responsabilidade única pelas três fases tem facilitado o uso de abordagens inovadoras, tais como construção fast-track e engenharia simultânea, a fim de minimizar a duração do empreendimento. Como parte de uma pesquisa para melhorar os processos de projeto, o primeiro autor passou um ano como observador em dois empreendimentos realizados por uma construtora líder do mercado de EPC na Índia. Ambos os projetos necessitaram uma aceleração das fases de projeto e de construção. O primeiro empreendimento envolveu o projeto detalhado de uma unidade de manuseio de carvão para uma usina de energia e o segundo, a fase preliminar do projeto de um grande aeroporto. A equipe de pesquisa teve o propósito de analisar o processo de projeto e sugerir mudanças, para torná-lo mais eficiente. No primeiro empreendimento, dados detalhados sobre o fluxo de trabalho do projeto, da concepção ao detalhamento, foram coletados e analisados. O artigo apresenta a análise dos dados de identificação dos pontos críticos no processo e compara os resultados das análises com as percepções da equipe de projeto. No segundo empreendimento, a estrutura global da organização para coordenar as interfaces entre os processos de projeto foi avaliada. O texto apresenta um método estruturado para organizar as interfaces e as interações entre as diferentes disciplinas de projeto. Os detalhes do método proposto, as questões de implementação e os resultados da aplicação também são discutidos. ; Proposal: The increase in privately funded infrastructure construction in India had compelled project owners to demand highly compressed project schedules due to political risks and early revenue generation. As a result, many of the contracts are based on EPC (Engineering Procurement and Construction) contract enabling the contractor to plan and control the EPC phases. Sole responsibility for the three phases has facilitated the use of innovative approaches such as fast-track construction and concurrent engineering in order to minimize project duration. As a part of a research study to improve design processes, the first author spent a year as an observer in two design projects which was done by a leading EPC contractor in India. Both projects required accelerated design and fast-track construction. The first project involved the detailed design of a coal handling unit for a power plant and second the preliminary phase of a large airport design project. The research team had the mandate to analyze the design process and suggest changes to make it more efficient. On the first project, detailed data on the design/drawing workflow was collected and analyzed. The paper presents the analysis of the data identifying the bottlenecks in the process and compares the analysis results with the perceptions of the design team. On the second project, the overall organizational structure for coordinating the interfaces between the design processes was evaluated. The paper presents a structured method to organize the interface and interactions between the various design disciplines. The details of the method proposed, implementation issues and outcomes of implementation are also discussed.

Do correlated units have influences to require compensates for bodies whose identities can't be proved? Not only jurisprudence and reality society separately holds different views, but also inside themselves, there are no common ideas. Likewise, the lack of consummation in legislation always leads one same case to opposite judgments in each local people's court. First of all, through the jurisprudence analyses about the meaning of the civil rights of bodied whose identities can't be proved, protection rules of civil right of bodies whose identities can't be proved should be set up. Secondly, through the intensive analyses of present jurisprudence prescript, including limitation, protection rules should be nailed down. Thirdly, based on the present jurisprudence rules, author offers advise in details on the course of judgment in the way of protection of bodies' civil rights. Key words: nameless body, civil rights, Judicial Protection Résumé: Les départements compétents ont-ils le droit de réclamer l'indemnité pour un cadavre inconnu ? Le milieu juridique et le milieu d'application exposent leur propre opinion, même à l'intérieur de chaque milieu, le débat ne se cesse pas. A cause de l'imperfection de la législation, les tribunaux populaires locaux n'ont pas une connaissance unanime sur cela et prennent des actions judicaires contraires. D'abord, à travers l'analyse juridique du contenu des droits civils du cadavre inconnu, l'auteur pense qu'il faut établir le système de protection des droits civils du cadavre inconnu. Ensuite, après l'étude des règlements légaux et de ses inconvénients, il est d'avis qu'on doit préciser juridiquement ce système de protection. Finalement, sur la base du système légal en vigueur et d'après le principe du droit civil, l'esprit de la législation civile et la fonction de guidage judicaire, il donne, en ce qui concerne les moyens de protection, des propositions concrètes sur le processus judicaire. Mots-clés: cadavre inconnu, droits civils, protection judicaire 摘要:相關部門有無權力為無名屍索賠?法學界、實務界各抒己見,就是法學界和實務界內部也爭論不休。由於立法的不完善,導致各地人民法院對其在認識上以及司法上的絕然相反。首先,本文通過對無名屍民事權利的內涵的法理分析,認為應設立無名屍民事權利保護制度。其次,通過對我國現行法律規定及其缺陷的透析,認為應從法律上明確無名屍民事權利的保護制度。再次,筆者在現行法律制度的基礎上,從民法的原 則、民事立法精神以及司法的引導功能,就我國對無名屍民事權利的保護途徑,從審判程式上提出了具體的 意見。關鍵詞:無名屍;民事權利;司法保護

Editor's Note Robert A. Dahl, the foremost living theorist of democracy, is the emeritus Sterling Professor of Political Science at Yale University, where he received his Ph.D. in 1940 and where he spent virtually his entire academic career. After five years working for the government—as a management analyst at the U.S. Department of Agriculture, then as an economist in the Office of Price Administration and the War Production Board, and finally as a member of the Army—he returned to Yale in 1946. With colleagues Charles Lindblom, Robert Lane, and others, he helped build the first modern department of political science, a department that asked major substantive questions while using the best social science techniques available at the time. In the interview that follows, which I conducted on March 30, 2008, Dahl grounds his motivation for studying democracy not only in his academic encounters but also in his experiences growing up in Alaska, attending public schools there, and working with longshore workers as a boy. He does not want to replicate the utopian visions of classical philosophers. His commitment is to the development of an empirical model of democracy that guides scholars in their efforts to determine the extent of democratization throughout the world as well as in the United States. Normatively, he is committed to a democracy that recognizes the rights and voice of all who have a legitimate claim to citizenship. Although he is known for his arguments about the procedures democracy requires, some of his most important work deals with the distribution of power. He engaged in debate with elitist theorists such as C. Wright Mills and Floyd Hunter, who argued that a small elite determined virtually all important policy decisions. Dahl's book Who Governs?, winner of the 1962 Woodrow Wilson Prize of the American Political Science Association, makes a very different set of claims. There Dahl analyzes decision making in several policy arenas and finds different key actors influencing the outcomes. The debate did not stop there, of course, but Dahl transformed the style of argument by investigating how decisions were made and who made them. Dahl continued to study and contemplate democracy, winning a second Woodrow Wilson Prize in 1990 for Democracy and Its Critics. By his admission, he concluded his writing career with a second edition of How Democratic is the American Constitution in 2003 and On Political Equality in 2006. Robert Dahl has received numerous honors. He was a Guggenheim fellow in 1950 and 1978, a fellow of the Center for Advanced Study in Behavioral Sciences in 1955–1956 and 1967, and an elected member of the American Academy of Arts and Sciences, American Philosophical Society, National Academy of Sciences, and British Academy (as a corresponding fellow). He served as President of the American Political Science Association in 1966–1967. He was the 1995 recipient of the Johan Skytte Prize in Political Science. He holds numerous honorary doctorates in addition to other major awards in recognition of his remarkable standing in the profession. The editorial committee of the Annual Review of Political Science was unanimous in its selection of Robert Dahl as the author of this first prefatory article by a distinguished living scholar to be published in our pages. -Margaret Levi

Cette thèse a été réalisée au sein du Centre d'Economie et d'Ethique pour l'Environnement et le Développement (C3ED), Unité Mixte de Recherche : Institut de Recherche pour le Développement - Université de Versailles Saint-Quentin-en-Yvelines [C3ED UMR n° 063 (IRD-UVSQ)]. Elle a été financée par le Ministère de la Recherche Français. Les missions et les visites de terrain ont été financées par l'Institut de Recherche pour le Développement (IRD) grâce notamment à l'attribution d'une allocation de quatre mois au Centre d'Economie et d'Ethique pour l'Environnement et le Développement Madagascar (C3EDM) au sein de l'Université d'Antananarivo. ; To resolve the problem of biodiversity decline, a branch of environmental economics, called "economics of biodiversity", recommends resorting to market mechanisms. During the United Nations Conference on Environment and Development, in Rio de Janeiro, June 1992, particularly through out the negotiations of the Convention on Biodiversity (CBD), idealization of trade and market for conservation and sustainable use of biodiversity had a great influence on the decisions and choices of policy makers. Therefore, many developing countries decided to establish their development policies by combining trade and market, economic efficiency and biodiversity conservation. After signing and ratifying the CBD, Madagascar, a biodiversity hot spot and paradoxically one of the poorest countries in the world, gave top priority to merchandising its biodiversity. This thesis aims to analyze the benefits of those market mechanisms for local communities and to assess ecological impacts. Case studies in Madagascar, focused on the genetic resources and essential oil markets, are examined and discussed. The author argues that in order to achieve CBD goals, not only economic efficiency should be considered, but also by including the economic and ecological distribution. ; Pour résoudre le problème de déclin de la biodiversité, l'économie de la biodiversité, une branche de l'économie de l'environnement, suggère le recours aux mécanismes marchands. Lors de la Conférence des Nations Unies sur l'Environnement et le Développement (CNUED) de Rio en 1992, notamment durant les négociations de la Convention sur la Diversité Biologique (CDB), cette idéalisation du marché en faveur de la conservation de la biodiversité influe fortement les décisions. Les pays riches en biodiversité, paradoxalement les plus pauvres, vont alors mettre en place des politiques basées sur la conciliation entre marché, développement soutenable et préservation de la biodiversité. Madagascar, un des hotspots en biodiversité, va prioriser dès la ratification de cette Convention, la valorisation de sa biodiversité par les marchés. Cette thèse a pour objectif d'analyser les retombées de ces marchés pour les populations locales et les impacts sur la conservation de la biodiversité. Basé sur l'étude de deux dispositifs marchands, à savoir les contrats de bioprospection et la filière huiles essentielles, ce travail montre que compte-tenu des objectifs de soutenabilité visés, intégrer la question de la redistribution permet de mieux répondre aux attentes des différents acteurs, en particulier celles des acteurs locaux, et de prendre en compte la diversité des enjeux. La première partie est axée sur l'analyse institutionnelle de la bioprospection et de la filière huiles essentielles. La seconde partie analyse les retombées économiques et les impacts de ces deux activités sur la conservation de la biodiversité, et propose l'utilisation d'une approche par les scénarios pour traiter de la question de redistribution.

The subject matter of the scientific studies comprises a study of key issues of the protection of copyright as well as enforcement of other intellectual property rights. The basic methods of study used in the works are comparative, historical and teleological. The model of legal regulation of the protection of intellectual property rights chosen is the one existing in the states of droit d' auteur and copyright systems, and based on this model the key issues of copyright protection are analysed by way of comparing and assessing the aspects provided for in the Lithuanian legislation. Lithuania follows the droit d' auteur system. In general, the Lithuanian copyright law does not reflect any unique tradition. The development of intellectual property rights protection in Lithuania essentially coincided with the accession to international and regional organisations and to international agreements. When Lithuania decisively implemented one of its foreign policy aims — to become a member of the European Union — the approximation of its national law to the European Union legislation commenced in the field of intellectual property law as well as in the whole legal system. The scientific monograph and the few scientific articles analyse the main aspects of the protection of copyright: main principles of copyright, legal sources, subject matter of the protections, the author or other copyright owner, contents of protection (economic rights and moral rights), limitations and exceptions, tendencies, problems and perspectives of the development of copyright. The few scientific articles deal with the analysis of the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Legal remedies applied by the court when passing the decision on the merits can in principle be grouped into preventive (including also corrective) measures and compensatory remedies. The first group covers: (1) injunctions, (2) corrective measures, (3) alternative measures, (4) publication of judicial decisions, whereas the second group covers all possible ways of compensating for damages or, otherwise stated, damages. The laws also provide for the right of access to information, which as a copyright protection measure is applied in the course of judicial proceedings and facilitates the application of other measures and remedies. The legislative provisions pertaining to requirements for collecting evidence and provisional measures are also to be attributed to the rules of a procedural nature. Paragraph 1(2)(b) of Article 13 of the Directive provides that the amount of damages can be set as a lump sum on the basis of elements such as at least the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the intellectual property right in question. This provision has been implemented in Lithuanian legal acts, where it is envisaged that instead of requesting compensation for actual damages, right holders may claim royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects (i.e., had obtained a licence), and if the infringer acted intentionally or with gross negligence, in the amount of up to double such royalties and fees.