Notion Of Damage Research Articles

A New Perspective on the Protection of Whistleblowers Under Echr: Halet V Luxembourg

Abstract The Luxleaks scandal, which had garnered widespread attention in 2014 and implicated A. Deltour and R. Halet, has taken a significant turn with the recent publication of the Grand Chamber’s decision in favour of Mr Halet. Initially, Deltour was officially recognised as a whistleblower by the European Court of Human Rights (ECtHR) in defence of the actions he took, while Halet faced condemnation for lacking whistleblower status. Halet had previously brought his case before the ECtHR, alleging a violation of his right to freedom of expression. However, the ECtHR’s judgment in February 2023 ultimately upheld the right to freedom of expression, marking a pivotal moment in this legal saga. The judgment itself focused on two critical criteria for safeguarding whistle-blowers within the framework of freedom of expression: assessing the damage caused to the employer and determining whether such damage could be outweighed by the public interest, as well as evaluating the severity of the imposed sanctions. This contribution aims to provide a critical assessment of the Luxleaks case up until the the ECtHR’s Grand Chamber decision. As this analysis will argue, the judgment holds immense significance as it introduces a fresh perspective on the notions of damage and public interest in the context of the Court’s established jurisprudence concerning whistleblower protection.

The Notion of Damage in Ḥanafīs in Terms of Its Effect on the Rescis-sion of Ijārah Contract

İslam borçlar hukuku açısından sürekli edimli sözleşmelere model olabilecek bir akit olan icâre, günümüzdeki kira ve iş sözleşmelerine karşılık gelmektedir. Bu makalede zararın icâre akdinin feshine etkisi Hanefî mezhebi özelinde incelenmiştir. İcâre akdi yapısı itibarıyla bağlayıcı olmakla birlikte bazı durumlarda feshi kabil hale gelir. Bunda zarar da bir etkendir. Bu çalışmanın hedefi icâre akdi kapsamında taraflara fesih hakkı tanınan veya akdi münfesih hale getiren durumların zararla bağlantısını ortaya koymaktır. Fesih gerekçelerinin zararla bağlantısının tespiti hükümlerin genişletilmesi ve güncel meselelere uygulanması noktasında yol gösterici olması açısından önemlidir. Bu makalede akitlere etkisi açısından zarar kısaca açıklanmış, sonrasında zararın icârenin feshini gerektirdiği ve feshine mâni olduğu durumlar incelenmiştir. Çalışmada doküman analizi yöntemi tercih edilmiş, kaynaklardaki dağınık veriler bir araya getirilerek yorumlanmıştır. Elde edilen verilere göre tarafların akitle üstlenmedikleri bir zarara katlanmaları gerekirse o takdirde zararın icâre akdinin feshine neden olduğu, akdin feshinin zarara yol açacağı durumlarda ise feshe engel teşkil ettiği görülmüştür.

Protokol o građanskopravnoj odgovornosti za štetu i naknadi štete uzrokovane prekograničnim efektima industrijskih udesa na prekograničnim vodama

Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters (the Protocol) was adopted in 2003 under auspices of The United Nations Economic Commission for Europe (UNECE). The Protocol aims to give individuals affected by transboundary impact of industrial accidents on international watercourses a legal claim for adequate and prompt compensation. The Protocol channels liability towards operators performing hazardous activity. Operators will be liable for accidents in an installation, including tailing dams, as well as accidents during transportation on the site of a hazardous activity or during off-site transportation via pipelines. The notion of damage is broadly defined and encompasses loss of life or personal injury, loss of, or damage to, property, loss of income, the cost of measures of reinstatement of the impaired transboundary waters, and the cost of response measures. The system of the Protocol is based on objective liability. However, strict liability rule is somewhat alleviated by a limited set of exemptions and by financial limits of liability depending on the risk of the activity. Liability limits are coupled with mandatory financial security requirements.

The Liability Issue and the Notion of Environmental Damage. A Starting Point of Definition

For the assessment of the damage regarding the statement of environmental liability of a state or civil entity, the relevant treaties shall characterize the notion of damage as an objective point of view and an element of causal relationship (the direct causal link between the damage and the conduct justified as wilful and intentional act or negligence) in order to set up this conjunctive criterion, thereupon the liability shall be based. However, this definition and clarification is relatively deficient as well as divergent within the scope of environmental regimes. The core and interlinked treaties of the environmental sectors or separate domains of environmental challenges (thus, binding documents with similar competence and aim) often contradict themselves regarding the notion of the damage.

Mass defect influence on the longitudinal vibration frequencies and mode shapes of a beam

The problem of the influence of complicated-shape defects on the natural frequencies and mode shapes of elastic systems is considered. The beam is considered as an example to discover the general properties of defects of various physical nature such as of mass, elasticity, and cross-section. Some notions of damage and a criterion that permits defectoscopy by nondestructive inspection techniques are introduced. The problem is solved in more detail for a free beam with a mass defect. The resonance method is used experimentally to determine the mass defect with high accuracy. The efficiency of the developed numerical-analytic and experimental approaches to studying the properties of elastic systems with defects is confirmed.

Conference Report – ‘Quel Dommage?: Controversial Notions of Damage in Europe’, Conference Held in Lausanne, Switzerland, 5 & 6 October 2012

Conference Report – ‘<i>Quel Dommage</i>?: Controversial Notions of Damage in Europe’, Conference Held in Lausanne, Switzerland, 5 &amp; 6 October 2012

Educators' ambivalence and managing anxiety in providing sex education for people with learning disabilities

Little is known about how HIV/AIDS affects people with disabilities, although international literature suggests that people with learning disabilities and other disabilities may be at increased vulnerability to HIV infection. One factor that increases vulnerability to HIV is the lack of sex education and resulting knowledge about safe sex. People with learning disabilities have historically been excluded from sex education as they have often been perceived as being either asexual or over-sexed, and this sex education is either irrelevant or potentially dangerous. For those that work with people with learning disabilities, they may have to work with notions of damage, vulnerability and dependency, which may be disavowed aspects of the self which are projected on to people with disabilities. The work is made more difficult by the anxieties that issues of sex and sexuality raise. This article reports on a study exploring the experiences of educators providing sex education for people with learning disabilities in South Africa. The interview narratives were subject to a psychosocial analysis, drawing on a psychoanalytic framework to explore possible unconscious emotional aspects of participants' work. The analysis reveals ambivalent feelings about providing sex education for people with disabilities, where on the one hand the need for sex education is recognised, but there is some anxiety about the potential to cause harm or that providing sex education will lead to inappropriate sexual behaviour.

The Notion of Damage

One of the many questions related to the notion of damage is whether it needs to be defined at all. The European Commission seems to be convinced that it does. In the Commission’s view the famous Simone Leitner case of the European Court of Justice strongly supports the idea of developing a common European legal terminology, the notion of damage being a prime candidate for inclusion in a list of Europe-wide uniform definitions of legal terms. This paper examines the notion of “damage” that has been introduced in the Draft Common Frame of Reference (DCFR) for European contract law.

Non-Contractual Liability Arising out of Damage Caused to Another under the DCFR

the DcFR does not just contain model rules on contract law. Whereas Books ii and iV have contracts as their sole subject matter, Book iii applies, unless otherwise indicated in the relevant section, to both contractual and non-contractual obligations, and Books V, Vi and Vii are concerned only with non-contractual obligations. the reasons why we dealt with contractual and non-contractual obligations together in Book iii are explained in the introduction to the interim Outline Edition (at margin no. 48), and i will refer to that text here. the Principles of European contract law were not very coherent in this respect. in some areas they went already far beyond contract law, and all that we have done in the DcFR is basically to follow that route and to clarify and extend this approach. there are many areas in which it would have simply made no sense to restrict the relevant model rules to contract law. think, for example, of the rules on plurality of creditors and debtors, on assignment, on withholding performance and even on performance itself. Article iii.-1:102 therefore reads: “this Book applies to obligations within the scope of these rules, whether they are contractual or not, and to corresponding rights to performance.” Exceptions to this general rule are clearly indicated, one example being Article iii.-3:501 on the scope of the Articles on termination. it is, however, not just in these areas where we have to be aware of the many overlaps between contractual and non-contractual obligations and their mutual interaction and dependency. Such basic concepts as the notions of damage, loss, economic loss, 10.1007/s12027-008-0068-1

Oleg Tsarev's Synthetic KGB Gems

The Crown Jewels, published in Great Britain in 1998 and the United States in 1999, is Oleg Tsarev's second book drawn from KGB archives and written in cooperation with a Western author in this case, Nigel West.1 This important, complex book has much to offer historians, especially those inclined toward archeology, for Tsarev has skillfully choreographed his version of history to dance around the facts of some very well known intelligence and espionage cases. Consequently, he deposits another dense layer of evidence to sift, sort, and evaluate. But an assessment of Tsarev's volume also leads to three major points. Admittedly, two are glimpses of the blindingly obvious,'' restated here because these fundamentals become buried under media hype. First, that new historical evidence requires careful interpretation. Second, the secrets spies gather should be evaluated within the context of national and institutional policy formulation and implementation. Third, the notion of damage'' from Soviet espionage, has been exaggerated and misunderstood, and it is now time to investigate the impact of Soviet espionage upon national and international politics. And, most relevantly, Tsarev, a former lieutenant colonel in the Russian Foreign Intelligence Service, also serves as a consultant to the Service's press department.