scholarly journals Eliciting Multi-Dimensional Care through Liability and Regulation

2016 ◽  
Vol 7 (3) ◽  
pp. 279-303 ◽  
Author(s):  
Yeon-Koo Che
Keyword(s):  
Asymmetric Information ◽  
Level Of Care ◽  
Preventative Care ◽  
Settlement Rate ◽  
Legal Standards ◽  
Legal Standard ◽  
Settlement Behavior ◽  
Legal Costs ◽  
Perverse Effect ◽  
Negligence Rule

Abstract This paper examines the incentive performance of liability and regulation when a potential injurer can take two types of preventative care, one of which is observed and one of which is not. The problem is studied in a general asymmetric information model, where settlement behavior is endogenous and which incorporates an uncertain legal standard. Contrary to existing literature, we find (1) a shift to a negligence rule may have a perverse effect on unobserved care; (2) uncertainty in legal standards may be socially beneficial as it provides a relatively good incentive for unobserved care; (3) a regulation may not be effective if preventative care efforts are substitutes but is effective if they are complements; (4) an increase in settlement rate may or may not increase the level of care, depending on the cause of the increase; (5) a “decoupling” arrangement with a feature that the defendant pays more than the plaintiff recovers, reduces legal costs and is therefore socially beneficial.

Research of Electronic Forensics Model and Key Technology for Intelligent Terminal

2015 ◽  
Vol 734 ◽  
pp. 8-13
Author(s):  
Guo Gen Wan ◽  
Ling Tie
Keyword(s):  
Point Of View ◽  
Technical Standards ◽  
Key Technology ◽  
Electronic Evidence ◽  
Legal Standards ◽  
Intelligent Terminal ◽  
Legal Standard ◽  
The Status ◽  
Evidence Analysis ◽  
Technical Model

The present study about forensics technology intelligent of electronic terminal is mainly in utility demand, and there are many shortcomings in the point of view of forensics mode, evidence standard, forensics technology comprehensive etc.. This article conducts the research from the legal standard, technical standard, technical model, key technology and other aspects of the intelligent terminal of electronic forensics. Firstly , the characteristics and requirements of the intelligent terminal in electronic evidence are analyzed, the status of the domestic and foreign research about intelligent forensic is also analyzed. Then the electronic forensics model of intelligent terminal is proposed in terms of legal standards, technical standards, technical model, key technologies, and in the model as a guide, the related technologies of electronic evidence extraction, evidence analysis, evidence preservation, and other in the intelligent terminal are studied. Forensic Model and related techniques are proposed in this paper have important theoretical and application value for the Judiciary to electronic forensics in intelligent terminal.

scholarly journals Nepalese legal standard of milk and common milk products and its implications

2021 ◽  
Vol 4 (2) ◽  
pp. 284-294
Author(s):  
Namdev Upadhyay ◽  
Bipisha Khanal ◽  
Yogendra Acharya ◽  
Krishna Prasad Timsina
Keyword(s):  
Compliance Rate ◽  
Quality Standards ◽  
Quality Parameters ◽  
Milk Products ◽  
Code Of Practice ◽  
Legal Standards ◽  
Effective Implementation ◽  
Legal Standard ◽  
Dairy Development ◽  
Desk Review

The milk and milk products are diversified and there is increasing awareness about the quality standards of products among the consumers.Therefore this study reviewed the legal standard of milk and common milk Products in Nepal and its implications using desk review and exploratory research.In Nepal, the department of food technology and quality control has developed several legal standards for the quality assurance of milk and milk products. National Dairy Development Board has established the Code of Practice for Dairy Industry 2004 which directs six criteria for the standardization of milk and milk products like Organoleptic test, Clot On Boiling (COB) test, Alcohol Test,Fat test and Solids-Not-Fat (SNF)test,  Adulteration test, phosphate test, and microbial and coliform test. The review identified the quality standards of milk products like ghee, butter, paneer, milk powders but some quality parameters for ice-creams and cheese are still missing. The research identifies the quality non-compliance rate of milk and milk products that is about 19% which is in a decreasing trend. To the effective implementation of the legal standards, maintenance of health and hygiene of livestock at the production site, lab and infrastructure support at the distribution site, and creating consumer awareness to the consumer site is imperative.

Challenging Unwritten Measures in the World Trade Organization: The Need for Clear Legal Standards

2019 ◽  
Vol 22 (3) ◽  
pp. 459-482
Author(s):  
Cherise Valles ◽  
Vitaliy Pogoretskyy ◽  
Tatiana Yanguas
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Judicial Decision ◽  
Legal Standards ◽  
Legal Standard ◽  
The World ◽  
Different Types ◽  
Managed Trade ◽  
Analytical Tools

ABSTRACT Disputes in the World Trade Organization (WTO) involving the challenge of unwritten measures have increased in recent years. This trend may have been encouraged by the successful challenge of Argentina’s ‘managed trade policy’ as an ‘overarching unwritten measure’ in Argentina—Import Measures. Advancing a claim against an unwritten measure, however, is not an easy undertaking. These measures are not embodied in any law, administrative regulation or judicial decision. Their very existence and precise contours are, therefore, uncertain and must be proven with evidence, which may not necessarily be readily available. The uncertain nature of unwritten measures makes the dispute settlement process significantly more complicated for the complainant, the respondent and the WTO adjudicators. Despite the difficulties in challenging, defending and adjudicating unwritten measures, relatively little has been written on this subject. This article discusses the types of trade concerns that could be challenged as ‘unwritten measures’, and the different legal characterizations (analytical tools) that have been used to challenge these trade concerns in the WTO. The article further explores the practical difficulties that have been encountered in challenges against unwritten measures and how these difficulties have sometimes, but not always, been overcome. The article concludes that there is a lack of clarity as to the correct legal standard that must be applied in the challenge of different types of unwritten measures. There is more work to be done to clarify the applicable legal standards and the types of evidence required to substantiate the existence of unwritten measures.

scholarly journals QUALIDADE DE SEMENTES DE MILHETO PARA A COMERCIALIZAÇÃO NO ESTADO DE SANTA CATARINA

2018 ◽  
Vol 14 (3) ◽  
pp. 144-153
Author(s):  
Jerffeson Araujo Cavalcante ◽  
Ricardo Miotto Ternus
Keyword(s):  
The State ◽  
The West ◽  
Santa Catarina ◽  
Legal Standards ◽  
West Region ◽  
Legal Standard ◽  
Forage Species ◽  
Physiological Quality ◽  
North And South

Millet is one of the main grasses used for summer cultivation, however, one of the problemsinvolving pasture formation in Brazil is the variation in the quality of the seeds of commercial forage species, and this has compromised the establishment of pastures. The objective of this study was to evaluate the physical and physiological characteristics of millet seeds commercialized in different regions of the State of Santa Catarina, in the 2014/2015 harvest. Seventeen lots of millet seeds of BRS 1501 from different commercial establishments and regions (Far West, West, Midwest, North and South) ofthe State of Santa Catarina were used. The physical and physiological quality of seed lots was evaluated. The germination of the analyzed lots, independently of the region, was in accordance with the current legal standards. Only the lots from the West region presented values below the legal standard of 95% for physical purity, but not differing from the others. No differences between the lots collected by region were verified for the vigor evaluations. However, it was observed that the lots presented highgermination and low emergence, being characterized a problem in the establishment of pastures in the field.

scholarly journals Law as a Network Standard

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Network Effects ◽  
Standard Setting ◽  
Global Network ◽  
The Internet ◽  
Interjurisdictional Competition ◽  
Technical Standards ◽  
Legal Standards ◽  
Social Controversy ◽  
Legal Standard ◽  
Computing Platforms

The problem of global information flows via computer networks can be conceived and understood as raising issues of competition, interoperability, and standard-setting parallel to those in analysis of technical standards. Uniform standards, whether technical or legal, give rise to a constellation of positive and negative network effects. As a global network based upon the "end to end" principle of interoperability, the Internet mediates between different, otherwise incompatible computing platforms. But to the extent that law and technological "code" may act as substitutes in shaping human behavior, the Internet similarly mediates between different, otherwise incompatible legal platforms. Much of the legal and social controversy surrounding the Internet stems from the interconnection of such incompatible legal systems. As with technical systems, problems of incompatibility may be addressed by the adoption of uniform legal standards. This, however, raises legal standard-setting problems similar to those seen in technical standard-setting, where the standard may be "tipped" in favor of dominant producers. In particular, if law is considered a social product, the benefits of interjurisdictional competition and diversity may be lost as a single uniform legal standard dominates the market for law.

scholarly journals Qualidade de sementes de Lolium multiflorum tetraploide comercializadas em Santa Catarina

2017 ◽  
Vol 12 (1) ◽  
pp. 07 ◽  
Author(s):  
Ricardo Miotto Ternus ◽  
Jerffeson Araújo Cavalcante ◽  
Ana Carolina Weiss ◽  
Paula Da Silva Folquini ◽  
Jonas Bloemer ◽  
...  
Keyword(s):  
Lolium Multiflorum ◽  
Dry Mass ◽  
The State ◽  
Winter Period ◽  
Germination Test ◽  
Santa Catarina ◽  
Legal Standards ◽  
Legal Standard ◽  
Physiological Quality

<p>Na região Sul do Brasil, no período do inverno o azevém (<em>Lolium multiflorum</em> Lam) se torna fundamental para a formação de pastagens. No entanto, o uso e a comercialização de sementes de azevém tetraploide têm crescido em relação aos diploides, devido, principalmente, a qualidade superior de suas sementes. O objetivo do trabalho foi avaliar a qualidade das sementes de azevém tetraploide, comercializadas no Estado de Santa Catarina. Foram utilizados seis lotes de sementes de azevém tetraploide da cultivar Barjumbo, oriundos de diferentes estabelecimentos comerciais do Estado de Santa Catarina. Cada lote de semente foi obtido a partir de coleta oficial. Buscaram-se lotes de sementes da categoria certificada, sendo dois lotes de cada país produtor (Argentina, Brasil e Uruguai). Avaliou-se a qualidade física e fisiológica a partir dos testes de pureza física, massa de mil sementes, teste de germinação, primeira contagem de germinação, comprimento da parte aérea e da raiz e massa seca da área e da raiz. Os resultados demonstram que 100% dos lotes analisados atendem os padrões legais de pureza física e germinação para a comercialização de sementes, independente da origem. Para o teste de germinação os resultados obtidos foram 27% superiores ao padrão legal. Os lotes de sementes de azevém tetraploides nacionais comercializados em Santa Catarina, mesmo apresentando-se dentro dos padrões legais para os testes de pureza física e germinação, apresentaram menor vigor quando comparados aos lotes oriundos da Argentina e Uruguai.</p><p align="center"><strong><em>Quality of </em></strong><em>Lolium multiflorum</em><strong><em> tetraploide seeds marketed in Santa Catarina</em></strong><strong><em></em></strong></p><p><strong>Abstract</strong><strong>: </strong>In the southern region of Brazil, during the winter period ryegrass becomes essential for pasture formation. The use and commercialization of tetraploid ryegrass seeds has grown in relation to diploids, mainly due to the superior quality of their seeds. The objective of this work was to evaluate the quality of tetraploid ryegrass seeds commercialized in the State of Santa Catarina. Six plots of tetraploid ryegrass seeds of the Barjumbo cultivar from different commercial establishments in the State of Santa Catarina were used. Each batch of seed was obtained from official collection. Lots of seeds of the certified category were searched, being two lots from each producing country (Argentina, Brazil and Uruguay). The physical and physiological quality was evaluated from the physical purity tests, mass of one thousand seeds, germination test, first germination count, shoot and root length and dry mass of the area and root. The results show that 100% of the analyzed lots meet the legal standards of physical purity for the commercialization of seeds. For the germination test the results obtained are 27% higher than the legal standard. The plots of tetraploid ryegrass seeds commercialized in Santa Catarina were within the legal standards for the physical purity and germination tests, while the other criteria showed inferior performance when compared to the plots of Argentina and Uruguay.<strong></strong></p>

Circumstances Justifying Pre-emptive Self-Defence: Thoughts Prompted by the Military Action Against Iraq

2005 ◽  
Vol 74 (2) ◽  
pp. 209-230 ◽  
Author(s):  
Rex Zedalis
Keyword(s):  
Detailed Examination ◽  
Secretary General ◽  
Legal Standards ◽  
Legal Standard ◽  
Legal Principle ◽  
Defensive Action ◽  
High Level ◽  
The Military ◽  
Self Defence ◽  
Invasion Of Iraq

AbstractThe outpouring of literature on pre-emptive self-defence both in advance and in the wake of the 2003 U.S. invasion of Iraq, as well as remarks by UN Secretary-General Kofi Annan in the Fall of 2004 characterizing the invasion as violative of prevailing international legal standards, suggests the continuing importance of considering aspects of pre-emption which have received little attention. In this connection, it is argued that the relevant formulation of the customary legal standard can be seen as aiming at minimizing the likelihood of defensive force being employed by mistake. The implication would thus be that clarity regarding a future threat of attack, not the imminence of the attack itself, affects whether advance defensive action is to be considered justified. Further, it is also argued that, unless one is content to simply stand on legal principle in the abstract, the importance of a threatening State's intention and capacity to attack require detailed examination and a high level of proof before considering putative defensive action to be legitimate. Finally, given the customary international legal standard's requirement that forceful pre-emptive action be taken only when no other means exist to address a threat of attack, a variety of considerations, ranging from access to non-forceful alternatives, to the viability of alternatives that exist and are accessible, demand attention prior to determining that an immediate resort to defensive force should be evaluated as permissible.

Communism Equals or Versus Nazism?

2016 ◽  
Vol 30 (1) ◽  
pp. 74-96 ◽  
Author(s):  
Aleksandra Gliszczyńska-Grabias
Keyword(s):  
Human Rights ◽  
Collective Memory ◽  
Council Of Europe ◽  
The Public ◽  
Legal Standards ◽  
The Past ◽  
Legal Standard ◽  
European Court ◽  
Protection Of Human Rights ◽  
Nazi Past

The accession of post-communist states into the Council of Europe system enlarged greatly the territory of effective protection of human rights in Europe and at the same time compelled the European Court of Human Rights to address the current effects of past violations of human rights by communist regimes. It gave the Court an opportunity to establish a legal standard of how to deal with matters such as the public presence of communist symbols and insignia, de-registration of neo-Communist parties, and the relevance of past membership in the Communist parties for an exercise of electoral rights in a newly democratized state. This opportunity was at the same time a challenge, and the Court was less than successful in meeting this challenge, despite the fact that it had already established the relevant legal standards when deciding about the cases triggered by the Nazi past. Without making it explicit, and without articulating openly the relevant differences, the Court has not established any equivalence between legal treatments of the aftermath of the two types of criminal regimes in the European recent past. The article discusses three recent cases belonging to these categories and concludes that there is a clear contrast between the Court’s treatment of “post-ommunist” cases and the same Court’s earlier treatment of equivalent “post-Nazi” cases; the article offers some explanations for the discrepancy which reflects a broader dualism in European collective memory of the past.

scholarly journals Between Pragmatism and Normativity: Legal Standards for Issuing Subpoenas and Witnesses Summonses in International Criminal Procedure

2017 ◽  
Vol 17 (1) ◽  
pp. 135-160
Author(s):  
Maria Pichou
Keyword(s):  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
Discretionary Power ◽  
Witness Testimony ◽  
Legal Standards ◽  
Procedural Law ◽  
International Criminal Tribunals ◽  
Legal Standard

The article analyses the criteria that the international criminal tribunals developed to obtain additional evidence through witness testimony. It systemizes the legal standards of the ad hoc tribunals on subpoenas’ requests and reviews the International Criminal Court (icc) stance on witness summonses. After defining the types of subpoenas and the different tests applied by the courts, the article examines the courts’ discretionary power in the light of the fair trial standard and the appellate standard for such discretionary decisions. The analysis shows that when the tribunal had to adjudicate a request to compel a witness to appear, it adapted the legal standard by considering the type and the object of the subpoena, the witness and the court’s role and mandate. The icc iterated that this power to compel the appearance of witnesses constitutes a customary rule of international criminal procedural law. The article maps the content of this rule.

scholarly journals THE RESPONSIBILITY IN PROTECTING THE ROHINGYA REFUGEES IN ACEH PROVINCE, INDONESIA: AN INTERNATIONAL REFUGEES LAW PERSPECTIVE

2021 ◽  
Vol 29 ((S2)) ◽  
pp. 1-21
Author(s):  
Adwani Adwani ◽  
Rosmawati Rosmawati ◽  
M. Ya’kub Aiyub Kadir
Keyword(s):  
Asylum Seekers ◽  
Refugee Convention ◽  
Indonesian Government ◽  
Legal Standards ◽  
Refugee Protection ◽  
Legal Standard ◽  
Aceh Province ◽  
The Government ◽  
Humanitarian Values ◽  
Asylum Seekers And Refugees

The coast of western Indonesia (Aceh province) has been the entrance for Rohingya refugees since 2012. At the beginning of 2020, the Rohingya refugees continued to arrive, although some of them have been resettled and transferred to the third countries. The Indonesian government rejected a large number of Rohingya refugees because there were no lex specialis in the Indonesian immigration arrangement related to asylum seekers and refugees. Historically, Indonesia was a country with commitment and experiences in dealing with refugees, however to date, Indonesia refused to become a party to the 1951 International Refugee Convention and 1967 Protocol on Refugees. Hence, there is no legal standards of the refugee management in Indonesia, and thus it complicates the management of the incoming Rohingyas. Responding to such issue, the government has issued the Presidential Regulation Number 125 of 2016 concerning the foreign refugee management to provide a temporary legal standard for all forms of refugee protection in Indonesia. However, such regulation has yet to comprehensively settled the management of the Rohingya people in Indonesia, particularly in Aceh province. This paper strongly advocates the Indonesian government to ratify the 1951 International Refugee Convention as to protect and settle the refugee under the non-refoulment principle which is fundamentally referred to humanitarian values.

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