Availability Of Rights Research Articles

Climate-induced migration and gender dynamics in Bangladesh: a social constructivist analysis

ABSTRACT Environmental migration is not a new phenomenon. Climate changes have caused migration from prehistoric times. With climate change exacerbating cyclones and floods, migration from coastal areas to major cities like Dhaka in Bangladesh has become more frequent and severe. This influx poses numerous urban planning challenges. Sometimes, it leads to human trafficking. The focus of this article is to develop a comprehensive understanding of the intricate relationships between gender norms and the availability of rights and opportunities. Women’s migration involves social and psychological effects as well as physical movement. This research examines the social constructivist perspective in the discourse surrounding climate-induced migration.

Analyzing the Limitations of Agency and Rights in Migrant Women's Empowerment

Migrant women constitute a substantial and heterogeneous cohort within the worldwide populace. Individuals depart from their nations of birth in pursuit of enhanced prospects, frequently encountering distinctive obstacles and susceptibilities during the course of their migratory expedition. The abstract notion of a "migrant woman" encompasses the range of experiences, rights, and challenges encountered by this heterogeneous cohort of women. The analysis explores the structural determinants that influence the process of migration among individuals, including economic inequalities, gender expectations, and governmental regulations pertaining to migration. Additionally, it draws attention to the various overlapping forms of discrimination that people experience and which depend on things like gender, race, socioeconomic status, and immigration status. Migrant women actively participate in various industries, encompassing both low-skilled and informal labour, domestic service, healthcare, and agricultural sectors. The labour and contributions of individuals have far-reaching global implications, exerting influence on the economies of both the countries from which they originate and the countries where they are received. Nevertheless, these individuals frequently encounter economic exploitation, precarious labour circumstances, and restricted availability of rights and social safeguards. To gain a comprehensive understanding of the abstract notion of migrant women, it is imperative to acknowledge the wide range of experiences they encounter and the ways in which their identities intersect. Addressing the systemic issues and inequalities faced by individuals requires a collective effort of global cooperation, collaboration, and dialogue. This article aims to shed light on the empowerment of migrant women and the insufficiency of agencies and rights in achieving this goal.

Artificial womb technology, pregnancy, and EU employment rights.

This article considers challenges for the European Union (EU) maternity and pregnancy rights framework when faced with advances in reproductive technology. Specifically, we consider how the introduction of the ‘artificial womb’ technology, an alternative to bodily gestation, would impact the availability of rights that exist under the maternity and discrimination framework. Employment rights in the EU context have already been confronted by the challenges of advancements in reproduction. We use the case law on in vitro fertilization (IVF) and surrogacy as a baseline for unpacking the challenges that ‘artificial wombs’ will bring. This analysis of the legal framework on maternity rights and sex discrimination will highlight potential avenues for integrating this technology and ensuring the continuation of rights for those opting for it. We advocate against the stratification of maternity and pregnancy rights based on the reproductive and gestational choices made by the pregnant person.

The concept of lost profit as a component of the concept of losses in the field of intellectual property: a category of law and economics

Keywords: forgone benefit, property rights of IP, object of IPR, subject of IPR, theright to own, use and dispose of IPR, contractual obligations, non-contractual legal relationships
 Thearticle is devoted to the study and analysis of the legal and economic category of «lucrumcessans» (forgone benefit) in the property sphere and in the field of intellectualproperty (IP), as well as the author's attempt to define the concept of «forgone benefit»in the sphere of IP. It should be noted that the concept of «forgone benefit» is the maincomponent of the general concept of «damage» in the property sphere, where its definitionis contained in subparagraph 2) of paragraph 2 of Article 22 of the Civil Code ofUkraine. The article compares the concept of «forgone benefit» both in the propertysphere and in the sphere of IP in accordance with the economic and legal planes.First, «forgone benefit» are considered as unearned income in the property sphere.Further, we are talking about the criterion for the implementation of measures andpreparations as a fact to generate income in the production and sale of goods (services).The next important issue, which is covered in this article, is the problem of distinguishingbetween measures and preparations for obtaining income (profit) and reasonablemeasures to reduce losses. The next criterion includes the provision that the«forgone benefit» of the victim cannot be less than the income of the offender, which isone of the manifestations of the principle of Roman law.All of the above in relation to the economic category applies both to the propertysphere and to the sphere of IP. However, in relation to the legal category «forgone benefit» in the property sphere and in the sphere of IP has a complete difference, since itrefers to different subjects (in the property sphere, this is the owner of the thing, property,and in the sphere of IP — the subject of intellectual property rights (IPR) or a personto whom such rights have been transferred), objects (objects in the property sphere arevarious types of things, property, any material objects, and in the field of IP these are objectsof IPR) and rights (in the property sphere there are rights to things, rights to property, and in the field of IP — these are property rights to objects of IPR).Further, the author of the article gives terms from the field of IP, the availabilityof rights in the field of IP, dwells on cases of violation of non-contractual (tort)legal relations and violation of contractual legal relations (mainly violation of a licenseagreement).Based on the results of the material presented, the author of the article formulatesa definition of the concept of «forgone benefit» in the field of IP and proposes to includesuch a legal norm in the fourth book «Intellectual Property Law», Chapter 35«General Provisions on Intellectual Property Rights» of the Civil Code of Ukraine.The material of the article can be useful to employees of the Ministry of InternalAffairs, forensic experts, lawyers and patent attorneys and other persons working inthe field of law.

The Third-Party Funding in Arbitration: A Challenge in Times of Crisis

Abstract Arbitration as a way of resolving disputes between companies is essentially linked to the advantages of arbitration, especially with the speed and neutrality of arbitration, as well as the confidentiality, the possibility of choosing arbitrators with precise technical knowledge in the area of litigation, among others. The parties choose arbitration as a means of resolving disputes, relating to interests of an equity nature, bearing in mind that for some legislators the emphasis is on the availability of rights, arising from the contractual relationship that unites them. The payment of costs is a sine qua non condition for the constitution of the arbitral tribunal. The parties must proceed with the payment of taxes and fees, respectively to the arbitration center they have chosen and the arbitrators they have chosen. Considering that the economic situation of the companies may fluctuate, either during the execution of the main contract, or when the dispute arises, the constitution of the arbitral tribunal and during the procedural iter, the possibility of financing the arbitration was outlined. Third-Party Funding is a figure that involves a third-party, unrelated to the litigation, who will defray the expenses due by one of the parties to the arbitration. It will have as a counterpart the participation in the eventual financial result achieved through the success of the arbitration. As a methodology, in addition to analyzing the state of the art, we will indicate real cases and the reasons for the growth of this instrument, without forgetting the ethical issues involved.

Aquistore: A fully integrated demonstration of the capture, transportation and geologic storage of CO2

Abstract Aquistore is an integrated carbon capture-geologic storage project that will demonstrate the effectiveness of the CCS process, and will ultimately transition into a commercial operation. Initially about 550 tonnes/day of CO 2 will be captured from a steam methane reformer associated with the Consumers’ Co-operative Refineries Limited’s refinery in, Regina, Saskatchewan, Canada using an amine based process starting late 2012 to 2013. Capture will be increased to near 1600 tonnes/day CO 2 by introducing capture to a second SMR in subsequent years. A 5 to 10 km pipeline will be constructed to transport the compressed CO 2 to the injection location. Selection of the injection site location is based primarily on geological characteristics, proximity to the CO 2 source, ease of pipeline routing, and availability of rights to the subsurface. In Saskatchewan, current regulations around injecting and storing CO 2 in the subsurface fall under the Oil and Gas Conservation Act, and injection of CO 2 requires a lease of pore space on Crown Land, or an agreement with the Freehold Rights owner. A significant research component is associated with this project coordinated by a Science and Engineering Research Committee that has focused on assessing injectivity, capacity and containment. A static geologic model for the proposed injection site integrates available geological data and forms the basis for flow simulations to model plume distribution. The nearest existing well to the proposed injection site that penetrates to the injection unit is about 20 km away, and was extensively cored and logged and serves as a preliminary data well for reservoir mineralogy and petrophysical characteristics. The geologic beds forming the injection target are the Cambro-Ordovician flow unit within the Williston Basin that is comprised of the Deadwood Formation and Black Island member of the Winnipeg Formation. The top of this 200 m-thick clastic package occurs at the base of the sedimentary succession at around 2000 m depth. Shales of the Ice Box member of the Winnipeg Formation form the primary seal at the top of the storage complex. Regionally, the Cambro-Ordovician unit has been used for decades for injection of large volumes of waste brine associated with potash solution mining; these operations provide proxy support that the injection characteristics are generally excellent in these units. Research efforts are coordinated with field operations including designing and instrumenting one injection well and up to two monitoring wells. Baseline studies will be performed including seismic, shallow hydrology and other surface and near-surface surveys. Prior to receiving the CO 2 stream from the refinery, injectivity tests will be run using trucked-in CO 2 and water. A communications strategy has been implemented to inform the public, regulators and media regarding activities associated with the project. Current partners in the project include federal and provincial governments, pipeline operators, power utilities, oil field service companies and the refinery operators.