Prohibitive Regulations Research Articles

Implementation of Regional Regulation Number 13 of 2002 Concerning the Prohibition of the Alcoholic Beverages Circulation in Malinau Regency

Regional Regulation Number 13 of 2002 concerning the Prohibition of the Circulation of Alcoholic Beverages in Malinau Regency is a guideline in the implementation of programs and policies to maintain and protect every citizen, especially the residents of Malinau Regency in order to avoid the use of alcoholic beverages and abuse in the social life of the community. The purpose of the research is to find out the Implementation of Regional Regulation Number 13 of 2002 concerning the Prohibition of the Circulation of Alcoholic Beverages in Malinau Regency, and to find out the obstacles and find solutions to overcome the obstacles faced by the Malinau Regency Regional Government in enforcing the regional regulations. This study uses qualitative descriptive research, to find out the population in this study is to use a sample to find out the extent of the implementation of the local regulation on the prohibition of alcoholic beverages in the community whether it has been fully implemented. This research instrument uses library study methods and field research which includes observation, interviews and documentation techniques. Method for Data Analysis in this study uses qualitative data analysis of an interactive model consisting of data collection, data reduction, data presentation, and conclusion drawn. The results of the study illustrate that the problems faced in the implementation of Regional Regulation Number 13 of 2002 concerning the Prohibition of the Circulation of Alcoholic Beverages in Malinau Regency such as the lack of socialization carried out by the Regional Government to the community, the absence of financial support for agencies or implementing agencies in the context of socialization and implementers that are very lacking compared to the area of the area which is not in accordance with the number of implementers or implementers that exist. In addition, it is necessary to improve bureaucratic reform so that the purpose and implementation of the prohibition regulation can be more optimal.

A Study of The Perceptions of Trawl Fishermen Towards The Rules of The Trawl Ban on The North Coast of East Java

The issuance of the cantrang prohibition regulation, namely Permen Kp No. 2 of 2015, is based on the decline in Fish Resources (SDI) which threatens sustainability, so for the sake of sustainability it is necessary to impose a ban on the use of trawls and seine nets including cantrang. This study will analyze how the perception of the seine net fishing community towards the rules of the cantrang ban. This study used survey methods, questionnaires and interviews and was conducted at PPP Mayangan Probolinggo and PPP Bulu Tuban. The number of samples in this study were 20 respondents with purposive sampling. Data analysis using Likert scale, validity test and reliability test. The results showed that if the government emphasizes the rules of the cantrang ban, cantrang fishermen will really lose income, causing increased unemployment, especially for crew members. On the other hand, the Ministerial Regulation will have a positive impact for the future in the form of sustainability of marine fish resources.

Persistent Organic Pollutants in Tagus Estuary Salt Marshes: Patterns of Contamination and Plant Uptake.

The presence of anthropogenic compounds, including organochlorine pesticides (OCPs) and polychlorinated biphenyls (PCBs), was studied in three salt marshes within the Tagus estuary, Portugal, along an anthropogenic pressure gradient. Results revealed differences in OCPs and PCBs among the marshes, with differing concentration levels. Specifically, one marsh, with surrounding agricultural activity, showed the highest OCP concentrations, while another, with a historical industrial past, exhibited elevated PCB levels. In contrast, a third marsh, part of a natural reserve, displayed comparatively lower concentrations of both substances. Sediment concentrations, likely influenced by agricultural practices, were found to be comparable to or higher than those observed in other Portuguese estuaries. The halophyte Spartina maritima was found to absorb OCPs, particularly in its aboveground tissues, suggesting bioaccumulation within the plant. Additionally, PCB levels appeared to be influenced by industrial history, with one marsh displaying notably higher concentrations. In conclusion, the persistence of organochlorine compounds in the salt marsh ecosystems notwithstanding the regulatory prohibitions implemented in the 1990s highlights the need for continuous monitoring and study of such sites and the necessity of remediation practices, which are imperative to mitigate ecological and health risks in these polluted salt marshes.

Gender, space, and resistance: street vendors of Dhaka city

Street vending is illegal in Dhaka city, and street vendors exercise various strategies to operate under these prohibitive regulations. In this study, we analyse how women and men vendors exercise different resistance strategies and how differences in spaces shape these strategies. Spaces also shape gender relations, which in turn influence the different forms of resistance used by street vendors. Drawing upon 32 in-depth interviews (16 women and 16 men) and 10 key informant interviews (all men) with street vendors in Dhaka city, we compare the resistance strategies in two vending locations: a long-established vending space and a newly established one. To capture the subtle forms of resistance that women tend to choose, we analyse both the overt and covert types of resistance. In the long-established vending area, the intersection between class and gender produces certain power relations and allows men to occupy a space and establish specific social and political linkages. Thereby, women are excluded not only from the space but also from information and opportunities. On the other hand, in the newly established public areas, men do not receive political support, and hence gender norms are more lenient and enable both women and men to adopt similar forms of resistance, making the vending area more vibrant.

The Constraints to Effective Implementing of Illegal Logging Prohibition Regulation in Nigeria

Since the adoption of the Non-Legally Binding Authoritative Statement of Principles for Global Consensus on the Management, Conservation and Sustainable Development of all types of Forest at the 1992 Earth Summit in Rio de Janeiro, the issue of combating deforestation remains one of the topical issues relating to climate change discussions globally. To combat deforestation, countries go beyond international conventions to institutionalize domestic frameworks to regulate illegal timber logging. However, the implementation of regulatory policies has been ineffective in countries like Nigeria. Situated within this problem, this study identified some domestic constraints affecting the effectiveness of timber logging regulation in Nigeria. To this end, data was collected from respondents using structured questionnaires. The data were analysed using the Pearson Product Moment Correlation Coefficient (PPMC) at a 0.05 level of significance. Constraints identified are corruption, insufficient legal framework, lack of coordination in regulation enforcement, inadequate staff, and the state monopoly of forest ownership.

Zaozao Xu’s case: Chinese women’s appeal for the right to freeze their eggs

China’s regulatory framework on assisted reproductive technologies (henceforth ARTs) has remained unchanged and unchallenged for over two decades, prohibiting unmarried women from accessing any form of ARTs. Section 1 Article 4(1) of the Ethical Principles for Human Reproductive Technologies and Human Sperm Banks explicitly stipulates that ‘couples who do not comply with national population and family planning laws and regulations and single women’ are prohibited from accessing ARTs. However, unmarried men are allowed to freeze sperm regardless of their marital status, constituting direct discrimination against women. Furthermore, significant legislative conflicts exist between local regulations and departmental rules in this area, hindering the consistent application of ART norms in China and substantially limiting the reproductive rights of Chinese women. Zaozao Xu’s case is the first case in China directly challenging the current prohibitive regulations on egg freezing and may signify a crucial turning point in China’s reform of ARTs legislation. This commentary provides an overview of the case and examines various issues associated with the existing regulatory framework, including the vagueness of the legislation and regulation, legislative conflicts in the current framework, deeply rooted discrimination against women, and the regulator’s problematic conception of ARTs. This commentary emphasises the urgent need for China to re-evaluate and reform its ARTs regulatory framework to allow unmarried women to access ARTs, or at least egg-freezing services as the first step.

Identifying directions for improving means of technology transfer safety regulation

The object of this study is to determine the essence and ways of improving regulatory prohibitions of environmental, industrial man-made safety within the limits of technology transfer. The existing approaches to the definition and normative registration of methods and techniques for the formation of technology safety requirements have been summarized. It was established that the existing approaches to the definition do not fully meet the needs of state regulation and the requirements of technology transfer subjects. The expediency of improving the existing methods of determining the ecological, industrial, and man-made safety of technologies was substantiated. The definition of technology safety at the level of generalized regulatory structures is proposed, which means a ban on introducing into circulation technologies that cause irreparable changes in the environment, carry a threat of causing harm to life or health, or mass property damage as a result of its proper use. The expediency of introducing the specified normative regulatory structure to international treaties and agreements, as well as to regulatory acts of national legislation, was substantiated. Also, directions for improving current international agreements and contracts in the field of technology transfer were formed by introducing into their content requirements regarding environmental, industrial, man-made safety of technologies, as a mandatory condition for their introduction into circulation. The research is aimed at forming general theoretical foundations for improving the system of safety identification criteria in the field of technology transfer. The generated research results can be used in the formation of international normative acts, acts of national legislation, and serve as a basis for further scientific research on these issues.

Problems of legal regulation of prohibition of political parties in Ukraine

The article is devoted to certain legal aspects of the regulation of the ban on the activity of political parties in Ukraine, and considers the theoretical and practical problems of its application. The Constitution of Ukraine provides 11 separate grounds for banning political parties, the list of which is exhaustive.The Law of Ukraine “On Political Parties in Ukraine” provides additional grounds for banning political parties that are not established by the Constitution. In 2022, the list of reasons for the termination of the activities of political parties was expanded, the specified changes were introduced by the Law of Ukraine “On the prohibition of propaganda of the Russian Nazi totalitarian regime, armed aggression of the Russian Federation as a terrorist state against Ukraine, symbols of the military invasion of the Russian Nazi totalitarian regime in Ukraine” No. 2265-IX dated 05/22/2022 [3] and the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Prohibition of Political Parties” No. 2243-IX dated 05/03/2022 The practice of banning political parties is not widespread in European countries and has its own characteristics.On the basis of the analysis of the legislation of Ukraine, including taking into account the changes introduced during the martial law, the legislation of certain foreign countries, taking into account the relevant European standards regarding the prohibition of political parties, the shortcomings of the current legislation were determined and relevant conclusions were drawn regarding possible ways of its improvement, in particular , the following issues should find normative regulation: each individual case of banning the activity of a political party must correspond not only to official legal grounds, but must also encompass historical prerequisites, political traditions, and constitutional doctrine; improvement of the mechanism of state control over the activities of political parties, which will include the rules of representativeness of political parties and criteria for the legality of identification of a member of a political party with the corresponding political party in connection with the illegal actions of some of its members; the possibility of extrajudicial forced suspension of the activities of political parties during the war; consolidating the institution of suspending the activities of parties in martial law conditions, placing on the competent body of state power the obligation to raise the issue of the banning of a political party before the court in the future. At the same time, consideration of the military and political situation and compliance with the guarantees of a fair trial should be noted as a necessary condition for consideration of the specified cases; expansion of the list of entities that will have the right to initiate the procedure of banning the activity of a political party.

The evolving culture of medical cannabis in Canada for the management of chronic pain.

Although used therapeutically for millennia, cannabis has been a prohibited substance worldwide for most of the 20th Century. With revision of prohibitive regulations in many jurisdictions during the past 2decades, cannabis is increasingly available to patients as a potential treatment option for various symptoms. Pain relief, sleep promotion and alleviation of distress, depression and anxiety are the most common reasons for cannabis use. Canada has been at the forefront of medical cannabis (MC) legislation revisions to enable and facilitate access for therapeutic use. Although initially viewed with caution and stigma, attitudes to cannabis in general have changed. Medical cannabis is identified as the herbal plant product sourced from a grower/producer and is not at present a regulated pharmaceutical product. Medical cannabis use is currently prevalent in Canada but has bypassed the rigorous study required for usual drug approval. Although uptake has been enthusiastic by patients, the medical community has voiced cautions and concerns. Access to medical cannabis is fairly easy once an approval document is obtained from a healthcare professional, but without obligation for medical or pharmacy oversight. The greatest concern is a dearth of sound clinical evidence for effects and harms. Emerging concerns include prevalent patient self-management with information based on personal research, an abundance of on-line information which may not always be accurate, the emergence of designated "cannabis clinics," potential risks to society due to accidents, and high cost of the legal medical product leading to access via the recreational market. With cannabis now entrenched in Canadian healthcare, physicians must be sufficiently knowledgeable to provide guidance that is evidence-based and will ensure personal and societal harm reduction. Examination of the changing culture of medical cannabis in Canada will provide insight for countries that may be anticipating similar revisions of cannabis regulations to allow cannabis access for their patient population and learn from the issues created by recreational legalization.

Health Systems Need to Transform Data Collection to Advance Health Equity.

Health Systems Need to Transform Data Collection to Advance Health Equity.

“The Anger of a Deity Dwelling in a Mountain”: the Specific Aspects of the Perception of Volcanic Eruptions in the Heian Japan

Volcanic eruptions, hurricanes and earthquakes are the most powerful forces on Earth. Scientists are trying to understand these dangerous phenomena, however, despite the increasing dominance of man over nature, they still confuse, frighten and depress human minds. Every year, volcanic activity (about 60 eruptions a year), typhoons and earthquakes cause destruction in many parts of the world and bring death to living beings. Most volcanoes are located in the zone of the Pacific Ring of Fire: a region around the rim of the Pacific Ocean, where lithospheric plates collide and form breaks, from which molten magma flows upward. Thick magma filled with gases provokes explosive eruptions. In ancient times, in different parts of the world, and Japan is no exception, natural disasters caused superstitious fear, and also were the object of admiration and religious worship. Despite the fact that natural anomalies in ancient and medieval Japan caused anxiety, they were also often seen as a foretoken of future misfortunes that could bring discord into the normal way of life. In those distant times, the natural and social orders were perceived as interrelated phenomena, and not a single unusual phenomenon of nature could remain undiscovered. In case of any manifestations of natural disorder, it was necessary to prevent or weaken any likely adverse consequences with the help of various prohibitive regulations as well as magic and ritual actions. This article is devoted to the specific perception of volcanic eruptions in the Heian era (mainly in the 9th century). In the conditions of numerous eruptions in at the territory of the Japanese archipelago and the inability to focus on Chinese political texts due to not so high volcanic activity in China, the Japanese political elite had to create their own algorithm for interpreting the causes of volcanic eruptions, which was based on native Japanese beliefs, where mountains were revered as sacred objects and often perceived as the abode of deities. The study is based on historical sources of various types: chronicles (“Nihon koki”, “Shoku Nihon koki”, “Nihon sandai jitsuroku”, “Nihon kiryaku”) and collections of act material (“Ruiju sandaikyaku”), as well as research literature, mainly in Japanese.

Differentialism and the Hijab : Framing Gender, Ethnic and Religious Differences in Germany, France, and Sweden

While some countries might have similar views on the meaning of hijab, there have been raging debates on some of the policy measures taken to regulate face veiling. Countries such as France have issued a ban on the wearing of hijab in public institutions, in Germany the decision rests with municipalities or states, and Sweden has little public debate with no prohibitive regulations. This study comparatively examined the issues surrounding the debates on hijab in Germany, France, and Sweden, and the resultant policy outcomes. By framing the debates around the differences and similarities in gender, ethnic or migrant integration, and religious factors, we argue that the debates on hijab and its regulations are influenced by the national models of these factors. The ethno-cultural and multicultural models are accommodative of hijab, unlike the assimilationist model that requires complete absorption to the dominant culture. This study asserts that there are possibilities of convergence of thoughts on how these institutional models can minimize conflicts in multicultural societies where hijab-wearing women are active participants. Thus, the study contributes to our understanding the implications for ethnically and religiously diverse societies and their governance.

Socialization of Absente Land Prohibition Regulation in Tanara Village, Serang Banten Regency

The issue of land does not necessarily concern registration, waiver of rights, or double certificates. Still, it concerns land ownership, which is why many people do not understand that many people exercise waivers to people outside the district. This problem also occurs in tanara village, tanara district, Serang regency, where many local people do not know about this ban, the purpose of this writing is the result of a form of socialization of absente land regulation in tanara village by direct counseling method to the community representing in tanara village office. As for the results of the discussion and the analysis of the absente land, most of the tanara people do not understand the meaning of absente land. The prohibition of absentee land is regulated in article 9 of the Agrarian Basic Law and also article 3, paragraphs 5 and 6 of Government Regulation No. 224 of 1961, which explains that if it is proven that land ownership is absent, the state will take over or revoke its rights and will be distributed to the community following applicable regulations. Sosialisasi Peraturan Larangan Tanah Absente di Desa Tanara, Kabupaten Serang, Banten Masalah tanah tidak selalu menyangkut pendaftaran, pelepasan hak, sertifikat ganda tetapi menyangkut kepemilikan tanah, itulah sebabnya banyak orang tidak mengerti sehingga banyak orang tidak mengerti sehingga banyak orang melakukan pembebasan kepada orang-orang di luar kabupaten. Permasalahan ini juga terjadi di desa tanara kecamatan tanara kabupaten serang dimana masyarakat setempat banyak yang tidak mengetahui tentang pelarangan ini, tujuan dari penulisan ini adalah hasil dari suatu bentuk sosialisasi pengaturan tanah absente di desa tanara dengan metode penyuluhan langsung ke perwakilan masyarakat di kantor desa tanara. Adapun dari hasil pembahasan dan juga analisis tanah absente, sebagian besar masyarakat tanara belum memahami pengertian tanah absente. Larangan tanah absentee diatur dalam pasal 9 Undang-Undang Dasar Agraria dan juga pasal 3 ayat 5 dan 6 Peraturan Pemerintah No. 224 Tahun 1961 yang menjelaskan bahwa jika terbukti tidak ada pemilikan tanah, maka negara mengambil alih atau dicabut haknya dan akan dibagikan kepada masyarakat sesuai dengan ketentuan yang berlaku

The Gaps in the Regulation of Prohibition of Reformatio in Peius in Slovak Administrative Law in Central European Perspective

Summary The prohibition of reformatio in peius is an important procedural institute of the remedies procedure. The prohibition of reformatio in peius means the prohibition of changing a decision for the worse, i.e. to the detriment of the person who has been affected by the contested decision and has himself brought an appeal against that decision or in whose favour such an appeal has been brought. The legal regulation of this institute in the Slovak Republic is unsatisfactory, since there is a different legal regime in the application of the prohibition of reformatio in peius in the derivation of administrative liability for offences and other administrative offences. In the present article, the author compares the legal regulation of the institute of the prohibition of reformatio in peius in the Slovak legal system with the aim of possible inspiration of the legal regulation of this institute in the legal systems of selected states (Poland, Hungary, Czech Republic).

Fire suppression using trifluoroiodomethane (CF3I)-carbon dioxide (CO2) mixtures

With the regulatory prohibition for using Halon 1301 (CF3Br) in fire suppression systems onboard newly certified aircraft, significant research efforts have been undertaken to develop suitable halon replacements with comparable suppression performance that are also eco-friendly with low Ozone Depletion Potential (ODP) and Global Warming Potential (GWP). This paper determined the fire suppression effectiveness for mixtures of trifluoroiodomethane (CF3I) with carbon dioxide (CO2) under development as a drop-in halon replacement for onboard aircraft fire suppression systems. Through both experimental measurements and flame simulations using detailed chemical kinetics, we demonstrated that the extinguishment performance of CF3I-CO2 blends can be superior to that of the individual components alone. The extinction concentrations were determined for different CF3I-to-CO2 ratios introduced into ambient air using a heptane cup burner. The extinction concentrations for pure CF3I in air (3.36 ± 0.13% vol.) and CO2 in air (20.74 ± 0.64% vol.) are in close agreement with previously reported values, and first-time extinction concentration data for CF3I-CO2 blends are reported. To elucidate important reaction pathways, detailed chemical mechanisms have been compiled for modeling methane-, propane- and heptane-air flame inhibition at ambient conditions. These mechanisms were constructed from published sub-mechanisms for C7 and C1-C3 hydrocarbons and hydrofluorocarbons with additional oxidation chemistry developed for trifluoroiodomethane. The latter sub-mechanism contains 14 species and 91 reactions. Using the CANTERA software package, critical concentration values of CF3I-CO2 mixtures in air for extinguishing methane, propane, and n-heptane counterflow flames were determined and compared against experimental non-premixed flame extinction data.

An electronic pillbox intervention designed to improve medication safety during care transitions: challenges and lessons learned regarding implementation and evaluation

BackgroundAdverse drug events are common during transitions of care. As part of the Smart Pillbox study, a cluster-randomized controlled trial of an electronic pillbox designed to reduce medication discrepancies and improve medication adherence after hospital discharge, we explored barriers to successful implementation and evaluation of this intervention.MethodsEligible patients were those admitted to a medicine service of a large teaching hospital with a plan to be discharged home on five or more chronic medications. The intervention consisted of an electronic pillbox with pre-filled weekly blister pack medication trays given to patients prior to discharge. Pillbox features included alarms to take medications, detection of pill removal from each well, alerts to patients or caregivers by phone, email, or text if medications were not taken, and adherence reports accessible by providers. Greater than 20% missed doses for three days in a row triggered outreach from a pharmacist. To identify barriers to implementation and evaluation of the intervention, we reviewed patient exit surveys, including quantitative data on satisfaction and free-text responses regarding their experiences; technical issue logs; and team meeting minutes. Themes were derived by consensus among the study authors and organized using the Consolidated Framework for Implementation Research.ResultsBarriers to implementation included intervention characteristics such as perceived portability issues with the pillbox and time required by pharmacists to enter medication information into the software; external policies such as lack of insurance coverage for early refills and regulatory prohibitions on repackaging medications; implementation climate issues such as the incompatibility between the rushed nature of hospital discharge with the time required to deploy the intervention; and patient issues such as denial of previous problems with medication adherence. We founds several obstacles to conducting the study, including patients declining study enrollment and limited attempts by the hospital to streamline logistics by building the intervention into usual care. Several solutions to address many of these challenges were implemented or planned. Despite these challenges, many patients with the pillbox were pleased with the service and believed the intervention worked well for them.ConclusionsIn this evaluation, several barriers to implementing and conducting a study of the effectiveness of the intervention were identified. Our findings provide lessons learned for others wishing to implement and evaluate HIT-related interventions designed to improve medication safety during care transitions.Trial registrationClinicaltrials.gov NCT03475030

Association of Serial High-Sensitivity Cardiac Troponin T With Subsequent Cardiovascular Events in Patients Stabilized After Acute Coronary Syndrome

Studies have demonstrated an association between single measures of high-sensitivity troponin (hsTn) and future cardiovascular events in patients with chronic coronary syndromes. However, limited data exist regarding the association between changes in serial values of hsTn and subsequent cardiovascular events in this patient population. To evaluate the association between changes in high-sensitivity troponin T (hsTnT) and subsequent cardiovascular events in patients stabilized after acute coronary syndrome (ACS). This is a secondary analysis from the Improved Reduction of Outcomes: Vytorin Efficacy International Trial (IMPROVE-IT), a randomized clinical trial of ezetimibe vs placebo on a background of simvastatin in 18 144 patients hospitalized for an ACS across 1147 sites in 39 countries. The current biomarker substudy includes the 6035 participants consenting to the biomarker substudy with available hsTnT at months 1 and 4. Data were collected from October 26, 2005, through July 8, 2010, with the database locked October 21, 2014. Data were analyzed from February 28, 2021, through August 14, 2022. The outcomes of interest were cardiovascular death, myocardial infarction (MI), stroke, or hospitalization for heart failure (HHF). Associations of absolute and relative changes in hsTnT between month 1 and month 4 as a function of the starting month 1 hsTnT and the composite outcome were examined using landmark analyses. Of 6035 patients in this analysis (median [IQR] age, 64 [57-71]), 1486 (24.6%) were female; 361 (6.0%) were Asian; 121 were (2.0%) Black; 252 (4.2%) were Spanish descent; 4959 were (82.2%) White; and 342 (5.7%) reported another race (consolidated owing to small numbers), declined to respond, or were not asked to report race owing to regulatory prohibitions. Most patients (4114 [68.2%]) had stable hsTnT values (change <3 ng/L), with 1158 (19.2%) and 763 (12.6%) having changes of 3 to less than 7 ng/L and 7 ng/L or more, respectively. After adjustment for clinical risk factors and stratification by the starting month 1 hsTnT level, an absolute increase in hsTnT of 7 ng/L or more was associated with a more than 3-fold greater risk of the composite outcome (adjusted hazard ratio [aHR], 3.33; 95% CI, 1.99-5.57; P < .001), whereas decreases of 7 ng/L or more were associated with similar to lower risk (aHR, 0.51; 95% CI, 0.26-1.03; P = .06) compared with stable values. There was a stepwise association moving from larger absolute decreases (aHR, 0.51; 95% CI, 0.26-1.03) to larger absolute increases (aHR, 3.33; 95% CI, 1.99-5.57) in hsTnT with future risk of the composite outcome (P trend <.001). A similar association was observed when analyzed on the basis of relative percent and continuous change. Among stable patients post-ACS, changes in hsTnT were associated with a gradient of risk of subsequent cardiovascular events across the range of starting hsTnT values. Serial assessment of hsTnT may refine risk stratification with the potential to guide therapy decisions in this patient population. ClinicalTrials.gov Identifier: NCT00202878.

Development of advanced oil/water separation technologies to enhance the effectiveness of mechanical oil recovery operations at sea: Potential and challenges

Mechanical oil recovery (i.e., booming and skimming) is the most common tool for oil spill response. The recovered fluid generated from skimming processes may contain a considerable proportion of water (10 % ~ 70 %). As a result of regulatory prohibition on the discharge of contaminated waters at sea, vessels and/or storage barges must make frequent trips to shore for oil-water waste disposal. This practice can be time- consuming thus reduces the overall efficiency and capacity of oil recovery. One potential solution is on-site oil-water separation and disposal of water fraction at sea. However, currently available decanting processes may have limited oil/water separation capabilities, especially in the presence of oil-water emulsion, which is inevitable in mechanical oil recovery. The decanted water may not meet the discharge standards and cause severe ecotoxicological impacts. This paper therefore comprehensively reviews the principles and progress in oil/water separation, demulsification, and on-site treatment technologies, investigates their applicability on decanting at sea, and discusses the ecotoxicity of decanted water in the marine environment. The outputs provide the fundamental and practical knowledge on decanting and help enhance response effectiveness and consequently reducing the environmental impacts of oil spills.

헌법재판소의 도로교통법 제148조의2 제1항 위헌소원결정에 대한 비판적 고찰- 헌법재판소 2021. 11. 25. 2019헌바446 등(병합) 결정을 중심으로 -

Due to the occurrence of an accident that Yun Chang-ho died in a drunk driving vehicle in 2018 and to the reflection of the public's opinion about which the punishment for habitual drunk driving should be strengthened, Article 148-2 Paragraph 1 of the Road Traffic Law was partially revised into the contents as saying that“a person who violates Article 44 Paragraph 1 or 2 more than twice(it shall be limited to those who have driven a car, etc. or a streetcar) shall be sentenced to the imprisonment for not less than two years and not more than five years or be fined not less than 10 million won and not more than 20 million won.” But soon after, the Constitutional Courtmade an unconstitutional decision that the section pertinent to“a person who violates Article 44 Paragraph 1 more than twice” out of Article 148-2 Paragraph 1 of the Road Traffic Law, which was partially amended in the above, comes to violate the Constitution. The Constitutional Court decided that“the violation of Article 44 Paragraph 1 more than twice” is the case, and then mentioned that it violates the principle of proportionality between responsibility and punishment as what stipulated the excessive statutory sentence that deviates from the degree necessary for the original function of punishment by imposing the uniformly aggravated punishment even on drinking and driving as recidivism in a relatively light crime nature without putting any time limit between the violation of the past regulations prohibiting drunk driving, which becomes the aggravated requirements, and the violation of the prohibition regulations on the drunk driving as recidivism subject to punishment. Nevertheless, even if there is a difference in the severity of the action type and crime of the drunk driving, all can be seen as a homogeneous criminal act that is reasonably distinguished from other crimes with regard to the important half-value indicators of behavior called the repeated violation of the prohibition regulation for the drunk driving, thereby being unable to be concluded that it violates the punishment system required by the Constitution even though the punishment regulations were not further subdivided in consideration of individual behavioral aspects. Also, there is monetary penalty other than prison sentence in spite of being able to treat the case of drunk driving as recidivism that is not highly likely to be criticized the same way as the dangerous repetitive drunk driving, thereby being the section that a judge can sufficiently resolve it through sentencing with the fact judgment. As a result, the aggravated punishment standard of the provisions subject to judgment in this case cannot be considered as well to have significantly deviated from the legislative discretion. Accordingly, it is questionable whether the Constitutional Court's decision on the unconstitutionality in this case is appropriate. Especially, the number of violations in the Road Traffic Act(drunk driving) has not decreased yet even if the punishment provisions for habitual drunk drivers have been intensified. Among the people, the need to tighten the punishment for drunk driving is being still mentioned. Thus, it can be seen that there is even a change in the legal sentiment among the people who can conclude that the provisions subject to judgment in this case are unconstitutional. In this respect, if the Constitutional Court tried to make the same unconstitutional decision as the decision in this case, it would be said that the decision incompatible with the constitution is more consistent with the separation of powers as a means for respecting the right to form legislation and for ensuring the legal stability in consideration of various issues such as a legal void, not a decision on simple unconstitutionality, and as a retrial arising from the retroactive application according to the decision to unconstitutionalize the penal provisions.

Approaches and Policies to Promote Zero-Waste City Construction: China’s Practices and Lessons

The rapidly growing output of solid waste has brought tremendous pressure to urban development. China launched an action plan known as “Zero-waste city” (ZWC), that refers to an urban development model aimed at reducing the generation of and enhancing the recycling of solid waste, in order to alleviate environmental impacts. Eleven cities and five special zones achieved positive results of solid waste management were selected as pilot areas for exploring empirical methods until 2019. The practices and lessons of the pilot cities need to be deeply analyzed and summarized, so as to promote successful models, learn lessons and better implement the policy comprehensively for other cities. This study presents a review of China’s ZWC policies and practices with constructive suggestions for further development. Based on the policy objective of ZWC and the field investigation of solid waste flow, five crucial approaches to developing ZWC are proposed, namely, solid waste reduction throughout the industrial chain, collaborative treatment of classified municipal solid waste (MSW), efficient utilization of agricultural waste with multiple purposes, safety control of hazardous waste flow, and optimization of market mechanisms. The case study demonstrates that the five paths are appropriate to Xuzhou city. However, deficiencies in MSW classification, pesticide packaging waste collection systems, solid waste product application, management, and policymaking, have emerged. Regulatory prohibitions, extended producer responsibility and market vitality should be adopted to improve the collection, transportation, and utilization of solid waste. Key findings from this research are to summarize crucial paths toward fulfiling ZWC goal, and to reveal some successful practices of, and lessons from ZWC construction by case studies. This study provides a method to further implement zero solid waste management in a targeted manner. The recommendations drawn from the study, which include law, market and institutional measures, may contribute to the achievement of developing sustainable cities.