Legislation Of Other Countries Research Articles

CRIMINAL LIABILITY FOR SEXUAL COERCION IN UKRAINIAN LEGISLATION AND LEGISLATION OF OTHER COUNTRIES OF CONTINENTAL EUROPE: COMPARATIVE LEGAL ASPECTS

The article presents a comparative legal analysis of the issue of criminal responsibility for sexual coercion in Ukrainian legislation and legislation of other countries of continental Europe. Based on general markers of specific components of crime approaches towards regulation of criminal responsibility for such crimes have been systematized, advantages and disadvantages of these approaches have been analyzed and the main strategies for improvement of Ukrainian criminal laws in this respect have been put forward.

Digital Economy Act 2010: fighting a losing battle? Why the ‘three strikes’ law is not the answer to copyright law's latest challenge

This paper argues that the Digital Economy Act (DEA) 2010, already much delayed in its implementation, is fundamentally flawed in three respects. First, there are internal inconsistencies in the complex provisions to be enacted under secondary legislation. In particular, the problem of relying on Internet Protocol (IP) addresses to identify alleged infringers has proved problematic. Secondly, the proposed measures are disproportionate in terms of the offence and severity of the punishment involving a warning-system leading to possible disconnection from the Internet for copyright infringement. Thirdly, the Act is unlikely to succeed in its central purpose to control unauthorised digital copying because of its technological specificity in a fast moving environment, and a lack of consumer acceptance. Finally, by comparing the treatment of these issues under legislation in other countries, in particular New Zealand, alternative copyright enforcement models are explored.

Carbon isotopic characterization of cider CO2 by isotope ratio mass spectrometry: a tool for quality and authenticity assessment

The cider market is an important sector of the food industry in certain regions. Adulteration of cider can happen in several ways: for example, by the addition of sugar, or of exogenous CO(2) to certain types of cider. Because such practices are not allowed by either Spanish legislation or the legislation of other countries, it is essential to study possible methods to detect these unauthorized practices. For this purpose a procedure was required to study the stable carbon isotopic composition of CO(2) in cider. A liquid sample of cider was transferred to a vial and CO(2) from the headspace of the vial was analyzed using a peripheral device interfaced to an isotope ratio mass spectrometer. Separation of the CO(2) from water and ethanol was achieved using a gas chromatography column located in the peripheral device. The values for repeatability and reproducibility obtained indicated the robustness of the method, which is required for routine analysis. Ninety cider samples from various origins were analyzed, most of which showed a (13)C content consistent with the declared origin. The δ(13)C ranged from -24.80‰ to -20.89‰ for ciders with endogenous carbon dioxide (-22.74 ± 0.79‰) and -37.13‰ to -26.00‰ if industrial CO(2) was added. Several samples were also suspected of C4 sugar addition prior to the fermentation. A fast, accurate and simple method for cider adulteration detection was developed. The addition of exogenous CO(2) as well as C4 sugar addition prior to fermentation could be detected. The method showed advantages over existing methods in term of simplicity (no sample preparation and very long-term stability of the sample), speed (less than 10 min/sample) and precision ((r ≤0.32 and R ≤0.42).

A deterrent to repeated noise offences

Since the Noise Control Ordinance (NCO) was implemented in 1989, various environmental noise sources and activities have been regulated through different control mechanisms. Nevertheless, the penalty in terms of fines imposed for breaches of the NCO seemed not sufficient to deter the recurrence of offences, in particular during the 90s, when Hong Kong was actively enhancing its infrastructure to accomodate the growth of its thriving economy. Although the maximum fines under the NCO had been doubled in 1994, repeated violations were still serious at that time, with one reason being the continued disregard of those legal requirements by the corporate management. Despite the court had in some offence cases actually imposed the maximum fines, the corporate management simply treated the fines as part of project expenses as they were not held personally liable for the actions of their companies. That malpractice was also disturbing a level playing field in the industry, creating unfairness to other law-abiding persons. A legislative amendment was successfully introduced in 2002 to hold the top management of bodies corporate personally liable for repeated noise offences. This paper will describe the framework of this provision with reference to similar legislation in other countries. The corresponding deterrent effect over the past years would be analysed. Moreover, a code of practice providing practical guidance to prevent violation would also be discussed in the paper.

Specifičnosti maloletničkog zatvora u Hrvatskoj

Croatia is back in 1997th The premier passed the Law on Juvenile Courts with which the states joined by special legislative act regulated the area of juvenile criminal law. The above piece of legislation represented a major step forward in relation to the legislation of other countries of former Yugoslavia in which the criminal provisions of the juveniles were part of the general criminal law. A significant improvement in the legal regulation of matters of execution of criminal sanctions for juveniles is a specific Law on Execution of Sanctions Imposed on Juveniles for offenses and misdemeanors in 2009. year. However, more than a decade after the adoption of the first Law on Juvenile Courts in Croatia in July 2011th The new Law on Juvenile Courts, which shall enter into force on 01 September the same year (Article 128 of the Act). In terms of punishment of juveniles new legislative text contains certain innovations that substantially alter juvenile prison. Newspapers are moving on the line to lower the upper limit punishable by prison (from five to three years) for offenses that may be imposed on juvenile prison. In addition, the Croatian juvenile criminal law is kept under a specific legal concept called 'Suspension of imposing juvenile prison'. Proceeding from this, the author of this paper will expose the criminal justice status of juvenile detention considering doing so, that brings us the specifics of the new Law on Juvenile Courts.

Future directions for the application of computer ethics to protect the people and institutions

Computer ethics represented by computer ethics rules that must govern and regulate the relationship between all the groups benefiting from the computer and by maintaining the security and privacy of information through the three main parties; They are the beneficiaries, suppliers of telecommunications service providers and software suppliers. Party mediator between the three parties is the legislative and regulatory bodies. The last group must be established by all the countries, which include the experts in the field of information technology and communication as well as the legislator’s laws. The countries need regulatory institutions, that responsible for monitoring and follow-up the rule and laws that govern the computer ethics, to maintain the privacy of individuals and institutions, especially after the application of e-government in most countries of the world, and increased use of electronic commerce. Internet Information faces many breakthroughs in order to steal information or fraud to steal money. This is in addition to the need to protect youth and adolescents of the ideas and ethics that are offensive to communities and be an agent for demolition instead of being the progress factor of the society. It is therefore essential teaching of the ethics of computer use in schools and universities, organize workshops or forums relay everything novice in this area, and the opening of specialized programs at universities to provide the society for specialists in this area, has been addressed in this research the concept of globalization and the ethics of the profession of computer and their impact on different aspects of life, through the steady increase in Internet users and increase e-commerce applications. This has been addressed also to the more computer applications annoy for Internet users and to the kinds of breakthroughs that face individuals and institutions. So it was proposing a set of principles that must be followed, including the need to establish a foundation organized sector use of information systems and the Internet on the level of each country, in addition to creating a global institution with a membership of all countries in the world to follow up and regulate the use of information systems and the Internet, in line with the legislation of these countries with respect for each nation of laws and legislation of other countries in the organization of sector use of information systems.

More than One Way to Skin a Burmese Python: Multiple Possibilities for Fixing the Invasive Species Problem in the United States

Forget the war on drugs. What the United States needs is a war on invasive species. This thesis will explain the problem of invasive species, examine laws that directly or indirectly regulate invasive species, and then propose several solutions, including a comprehensive Federal statute on non-native species, and a new federal framework on biosecurity, similar to that in New Zealand.Part 1 examines the problems non-native species pose to America. Part 2 looks at the strength and deficiencies of current international, federal, state, and local laws regulating non-native species, such as CITES, the Lacey Act, and Great Lakes Aquatic Nuisance Species Act of 2005. Part 3 explores a variety of statutory and common law mechanisms that are not explicitly for non-native species regulation, but may be applied towards the issue, including the takings clause of the Endangered Species Act, the Clean Water Act, and public nuisance liability. Part 4 explores the question of whether we need a comprehensive statute, and evaluates comprehensive non-native species legislation in other countries, such as New Zealand’s Biosecurity Act. Part 5 examines other possible solutions, such as H.R. 669, the Nonnative Wildlife Invasion Prevention Act, a proposed federal non-native species statute, examining its strengths and weaknesses, and also whether fitting an invasive species center in the context of Homeland Security would be feasible and useful.

Assisted dying: a review of international legislation

The issue of assisted dying in the UK is increasingly receiving media and academic journal attention. Such reporting often cites, but in little depth, existing legislation in other countries. Such international legislation may also shape future UK assisted dying legislation.

On Protection and Restriction of Private Property Right

The Real Right Law of the People’s Republic of China is the basic law for regulating and protecting the property rights. The Constitution, as the fundamental law, adjusts the property right relationship too. The protection from Constitution is the precondition and base for protecting property right. The Real Right Law is to fulfill the principle of Constitution that ensures citizen’s private property right. To protect the property right, Constitution mainly aims at defending the country against outside. Its basic function is to define the country activity. As for the Real Right Law, it is to protect the property right by defining the property in case of invasion of other civil subjects. Both Constitution and Real Right Law offer protection for private property right and also impose restrictions on private property right. That is the national requisition system. This system imposes strict restrictions to private property right. Therefore, it is necessary to set up firm restrictions and constraints on the requisition system. According to the legislation of other countries, we can restrict and constrain this system from three aspects, namely the intention of requisition, the complement standards, and the process, driving the government to realize lawful administration, and protecting the private property right properly.

Derivation of soil values for the path ‘Soil-Soil Organisms’ for metals and selected organic compounds using species sensitivity distributions

According to the German Federal Soil Protection Act, the natural function of soil as a habitat for human beings, animals, plants and soil organisms is, among other things, to be protected by deriving soil values for important chemicals regarding their amounts in the environment, their persistence and/or their toxicity. This contribution presents the results of the mathematical derivation of such values for nine metals and ten organic substances from soil ecotoxicological effect values available in the literature for microbial processes, plants and soil invertebrates. Ecotoxicological data were mostly extracted from published papers and reports and had to originate from valid studies that were performed according to internationally standardised guidelines (e.g. ISO) or were otherwise well documented, plausible and performed according to accepted laboratory practice. As test results, both structural (i.e., effects on mortality, growth or reproduction) and functional (i.e., effects on microbial activity or organic matter breakdown) parameters were included. The derivation of soil values was performed using the distribution based extrapolation model (DIBAEX) and EC(50)s (Effective Concentration) as input data. For 19 compounds, soil values could be calculated. In 18 of these 19 cases clear laboratory ecotoxicological effects (i.e., EC50 values) below the calculated soil value have been found in the literature. In those few cases where a comparison with field studies is possible, effects have been observed in the same order of magnitude as the calculated soil values. A comparison with other similar approaches confirmed the plausibility of the calculated values. The DIBAEX-method is a feasible and widely accepted method for deriving soil values from ecotoxicological input data. Data availability was already satisfactory for some substances, but other substances, especially organics, were only poorly covered. The soil values presented here were based on EC50 input data. However, depending on the protection level aimed at by using soil values in legislation, it might be appropriate to use other input data such as NOECs in the derivation process. It is recommended to generate an appropriate number of data for further relevant substances by means of a test battery or multi-species approaches such as terrestrial model ecosystems. These tests should also consider the influence of the bioavailability of substances. A final recommendation for legally binding soil values demands a plausibility check of the mathematically derived values. This should include a comparison with natural background concentrations, soil values for other pathways and soil values used in legislation of other countries. Finally, expert judgement always has to be considered.

Balancing Public and Private Interests in Database-Protection

Ever since the proposed 1996 WIPO-treaty on the legal protection of database failed the sui generis right granted for non-original databases was considered a peculiar oddity in the European Union. Even though several proposals on database-protection have been debated in the US both on the federal and state level (see HR 354 of January 1999, HR 1858 of May 1999, HR 3261 of October 2003 and HR 3872 of March 2004 as well as Georgia Bills from 2001 and 2003), a strong lobbying effort from research facilities, libraries and Internet search engine providers has prevented any law from coming into effect. This paper not only describes the major advantages of the European directive and its implementation in Germany, but also attempts to identify specific flaws and propose future changes. The first half of the paper tries to distinguish databases from other protected works. The criteria of vertical and horizontal independence are suggested as a means to distinguish between (single) multimedia-creations and (dividable) database-elements. Special focus is given to open source software which is developed in collaboration but controlled by a single individual. In addition to a detailed analysis and explanation of both the copyright-provisions and the sui generis right of Directive 96/6 EG and their respective implementation in Germany, the paper also looks into other means of protection like misappropriation, unfair competition and patents. The second part focuses on the effectiveness of the current exceptions carved into the rights for the benefit of third parties. The discussion focuses on the most recent ECJ-decisions (IMS Health, Fixtures Marketing, British Horseracing Board). Special attention is also given to the interrelation between the Database-Directive and the recent Harmonization-Directive which increases protection by allowing for non-circumventable technical measures. The paper concludes that it is highly questionable whether the current exceptions (as interpreted by the courts) sufficiently address the worries opponents bring up against similar legislation in other countries. Unlike copyright-law which is shaped by a mixed bag of well-established limitations, the lack of experience in protection of non-original works has lead to a system unlikely to balance the interests of the creator and the public. It is especially worrisome that the directive effectively privileges online-content over content distributed on tangible media. It is also questioned, whether states should be able to get database-protection (but no copyright) on public registers in the light of the constant move to further transparency.

Importance of melissopalynology for beekeeping and trade

Under the Food Safety Act 1990 of the UK it is a 'defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of an offence'. There is similar legislation in other countries. Thus as part of this due diligence, many sellers of honey use pollen analysis to ensure they have correctly described the botanical and/or geographical origin of the honey.

Heavy metal, total arsenic, and inorganic arsenic contents of algae food products.

The total arsenic, inorganic arsenic, lead, cadmium, and mercury contents of 18 algae food products currently on sale in Spain were determined. The suitability of the analytical methodologies for this type of matrix was confirmed by evaluating their analytical characteristics. The concentration ranges found for each contaminant, expressed in milligrams per kilogram of dry weight, were as follows: total arsenic, 2.3-141; inorganic arsenic, 0.15-88; lead, < 0.05-1.33; cadmium, 0.03-1.9; and mercury, 0.004-0.04. There is currently no legislation in Spain regarding contaminants in algae food products, but some of the samples analyzed revealed Cd and inorganic As levels higher than those permitted by legislation in other countries. Given the high concentrations of inorganic As found in Hizikia fusiforme, a daily consumption of 1.7 g of the product would reach the Provisional Tolerable Weekly Intake recommended by the WHO for an average body weight of 68 kg. A more comprehensive study of the contents and toxicological implications of the inorganic As present in the algae food products currently sold in Spain may be necessary, which might then be the basis for the introduction of specific sales restrictions.

Rationale for regulatory programmes for mycotoxins in human foods and animal feeds.

Currently, more than 50 countries have enacted or proposed regulations for mycotoxins in food and feed. There are various factors that may influence the establishment of tolerances for certain mycotoxins, such as the availability of toxicological data, the availability of data on dietary exposure, the distribution of mycotoxins over commodities, legislation of other countries with which trade contacts exist, and the availability of methods of analysis. In practice, only few countries have formally presented the rationale for the need to regulate, or for the selection of a particular maximum tolerated level, as a recent international enquiry demonstrated. Most of the limits for aflatoxins in food were based on rather vague statements of the carcinogenic risk for humans. There was a general consensus that exposure to a potential human carcinogen that could not be totally avoided should be limited to the lowest practical level. Several countries made a claim to a hazard evaluation (Belgium, Canada, India, The Netherlands, Switzerland, South Africa, United Kingdom, United States), although specifics were rather scarce. No rationales for setting limits for other mycotoxins were provided, except for Canada, where risk assessment was done for deoxynivalenol, zearalenone and ochratoxin A. It is apparent that in most countries either the scientific basis for regulation of mycotoxins is non-existent, or the science has not been fully utilized.

Abortion Ruling in Quebec

Brahams summarizes a 1989 Quebec Court of Appeal decision in an abortion case and places the ruling in the context of worldwide trends in abortion regulation. In Tremblay v. Daigle (1989 Jul 26), the Quebec court upheld a lower court injunction banning a woman from having an abortion. The injunction had been obtained by the woman's former boyfriend, the putative father. Brahams discusses the current legal status of abortion in Canada, the Daigle court's reasoning, and how the British approach to the legal status of fathers and fetuses in abortion disputes differs from the Canadian. She also briefly summarizes recent abortion-related judicial and regulatory developments in the United States, Ireland, and France.A recent abortion ruling in Quebec could have far-reaching effects on abortion legislation in other countries and perhaps bolster the anti-abortion movement in the US. On July 26, 1989, the Quebec Court of Appeal upheld an injunction that banned a 21-year-old woman from obtaining an abortion. The injunction was obtained by the woman's boyfriend after the relationship was dissolved when she was in the 16th week of pregnancy. The upper limit for abortion in Canada is 20 weeks, but the woman was 21 weeks pregnant by the time the Court had reached its decision. Unlike the British courts, which deny putative fathers the legal right to interfere in decisions about abortion. Canada allocates a separate legal identity to the fetus. The Presiding Judge in the recent Canadian case stated that abortion "is not automatically an absolute right," and continued to say, "The unborn child is a living human entity distinct from the mother and has the right to life and protection from those who conceived it." The Quebec decision raises questions about whether physicians will feel compelled to inform male partners of a women's request for abortion.

One Way or the Other

Usually, each issue of Al-Raida tackles a topic whose scope is the Arab world. In this issue, we are making an exception by focusing unilaterally on Lebanon. This is primarily because discrimination against women in different Arab countries with their different legal systems would be too vast a topic. An attempt to cover several countries in one issue would not allow the depth of analysis and detail necessary to do the topic justice. On the other hand, the criticism of discrimination, discussion of the structural causes behind it, as well as some solutions to alleviate it, found in this issue on Lebanon, may be relevant to other Arab countries. We hope to be able to dedicate future issues to discrimination against women in the legislation of other countries of the Arab world.

British Food Journal Volume 54 Issue 9 1952

British Food Journal Volume 54 Issue 9 1952

The Legality of Sterilisation

EARLY this year a Departmental Committee was appointed by the Minister of Health to examine and report upon the information already available regarding the hereditary transmission and other causes of mental disorder and deficiency, to consider the value of sterilisation as a preventive measure, having regard to its physical, psychological and social aspects, and to the experience of legislation in other countries permitting it, and to suggest what further inquiries might usefully be undertaken in this connexion. This Committee, which is still sitting, is not concerned with the translation into action of any recommendation that it may make, but there is in being a small non-party group, the secretary of which is Wing-Commander A. W. H. James, already prepared with a permissive Bill to legalise the voluntary sterilisation of certain mental defectives, and which has been waiting for the opportunity of introducing this during ‘private members’ time. Recently this Parliamentary Sterilisation Committee has circulated to both Houses a memorandum which explains its views and gives a detailed account of the Bill that it is proposed to introduce.