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Legal Provisions (legal + provision)
Selected AbstractsOlder people's assets: a contested site,AUSTRALASIAN JOURNAL ON AGEING, Issue 2005Cheryl Tilse The management of the financial assets of older people is increasingly important in the current policy context. Competing interests from the state, the market and the family regarding the appropriate use of these assets suggest that non-professional managers are assisting older people in a complex environment. This paper, based on a national prevalence study and an in-depth study, explores the nature and extent of asset management on behalf of older people. It examines the role of legal provision for substitute decision-making in these processes and concludes that the current provision is insufficient to protect older people from financial abuse and support carers to manage assets well. This paper proposes that more broadly based interventions are required in a complex environment of competing interests. Such interventions include attitudinal change, improved financial literacy, information and support for older people and informal asset managers and improved monitoring and support for substitute decision makers. [source] Unintended Consequences of Land Rights Reform: The Case of the 1998 Uganda Land ActDEVELOPMENT POLICY REVIEW, Issue 2 2004Diana Hunt Empirical studies of land rights privatisation have tended to underemphasise the unintended impacts of land rights reform relative to establishing whether the predicted impacts have occurred. This article, in reviewing some of the unintended consequences of the 1998 Uganda Land Act, draws attention to ways in which intended impacts may be undercut by lack of both consultation and foresight in anticipating responses to new legal provisions and by lack of adequate resourcing of the reform process. It also recognises that unintended outcomes may sometimes reflect appropriate adaptations of legal provisions at the local level, and briefly considers what light the Ugandan experience can throw on recent proposals for Normalisation of informal property rights in the Third World. [source] Central Bank Independence in the EU: From Theory to PracticeEUROPEAN LAW JOURNAL, Issue 4 2008Dr Lorenzo Bini Smaghi Four aspects of central bank independence are discussed separately: functional, institutional, personal and financial. The possible issues raised by central bank involvement in prudential supervision are touched upon. The main conclusion of the article is that a set of legal provisions is generally not sufficient to ensure proper central bank independence; a culture of respect for independence, including its limits, among all parties involved is essential. [source] September 11, Anti-Terror Laws and Civil Liberties: Britain, France and Germany Compared1GOVERNMENT AND OPPOSITION, Issue 1 2003Dirk Haubrich The attacks on the United States of America in September 2001 have spurred a rapid implementation of new Anti-Terrorism legislation around the world. In an effort to, ostensibly, safeguard against the repetition of similar events on their own territories, many democracies have taken far-reaching legislative steps that might threaten the ideal of liberty on which their societies have traditionally been built. This article examines the laws introduced in Britain, France and Germany to establish the extent to which civil liberties in eight different categories have been curtailed. It concludes that, despite the otherwise similar characteristics of the countries studied, the legal provisions differ significantly in scope and depth, a fact that might be explained by: the different levels of threat perception; Britain's history of anti-terror legislation; and the respective power balances between judiciaries and legislatures. [source] Current legal responses to elder abuseINTERNATIONAL JOURNAL OF OLDER PEOPLE NURSING, Issue 4 2006LL.B HONS, Paul Buka MSC Abstract., In this paper, legal provisions for dealing with elder abuse in social or healthcare settings will be considered. The need for such measures for detection and management of elder abuse will be highlighted. Interventions should take into account elderly victims' vulnerability, which may be due to physical and/or psychological dependence. The effectiveness of current interventions is limited due to a lack of cohesion and the absence of a specific legal framework. The term ,vulnerable adults' is broader than ,elder abuse'. It is difficult to estimate the extent of the problem of elder abuse because of the usually intimate settings within which it takes place , this may affect the strength of the evidence. The purpose of this paper is to encourage a debate on the effectiveness of current legal responses to elder abuse. The true figures of the incidence of abuse may never be known. Consequently, in criminal law trials, providing evidence on abuse can be very traumatic and intimidating for a victim because of the circumstances in which it generally takes place. The irony is that the likelihood of a criminal prosecution may be higher in more serious types of abuse where the evidence is overwhelming, on the basis of the res ipsa loquitor (facts speak for themselves) principle. The abuse in question may be domestic or institutional; the effects nevertheless are the same. [source] Facilitating substance phase-out through material information systems and improving environmental impacts in the recycling stage of a productNATURAL RESOURCES FORUM, Issue 3 2010Daniel PaskaArticle first published online: 4 AUG 2010 Abstract The amount of electrical and electronic products is increasing rapidly, and this inevitably leads to the generation of large quantities of waste from these goods. Some of the generated e-waste ends up in regions with sub-standard recycling systems and may be processed under poor conditions. During uncontrolled incineration, halogenated dioxins and furans can be generated from brominated and chlorinated compounds in the products. In order to reduce the health and environmental risks involved in the recycling stage of the life cycle of electronics, an effective design-for-environment process must be established during the product development phase. Knowledge of the chemical substances in the product is crucial to being able to make informed decisions. Through full knowledge of the material content of procured components, phase-outs of unwanted substances, such as halogenated substances, can be performed in an effective manner. Therefore, information is the key to success in phasing-out substances; facilitating compliance of legal provisions for manufacturers of electrical and electronic devices; and improving the environmental footprint of products as they reach the end of the life cycle. After an introduction to the challenges of electronics waste management, this paper describes supply chain information systems and how they are used to facilitate substance phase-outs in the electronics industry. Sony Ericsson has been working with phase-outs of unwanted substances since it was founded in 2001. Through the introduction of a material declaration system that keeps track of all substances in the components used in the company's products, Sony Ericsson has been able to replace unwanted substances to improve environmental impacts at the recycling stage of a product. [source] Patent Protection of Computer-Implemented Inventions Vis-Ŕ-Vis Open Source SoftwareTHE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 3 2006Asunción Esteve This article describes the different positions of the open source proponents versus the "traditional intellectual property approach" towards the so-called computer-implemented inventions. It analyses the position of both sides regarding the European Commission proposal on the patentability of computer-implemented inventions, and tries to clarify the confusion and misunderstanding that followed this proposal. The article first focuses on the reasons that could justify providing patent protection on computer-implemented inventions, in particular how the gradual growth of computer technology is having an increasing effect on the performance of inventions. Second, it examines the three main risks that the EU proposal was said, by some open source lobbies, to introduce: the overprotection of computer programs; the blocking effect in interoperability; and its negative impact on innovation and software development. The article evaluates these risks and provides reasons and arguments that show that they were overestimated. It also shows that no hard empirical data have been provided to support conclusions over the negative impact of computer-implemented inventions on innovation. Third, the article analyses if the legal provisions of the EU proposal on the patentability of computer-implemented inventions could have brought positive effects in terms of legal certainty. In this respect, the article considers that both the definition of computer-implemented invention and the criteria to evaluate the patentability of such inventions were a bit disappointing. Finally, the article considers any new legal initiative to endorse patent protection on computer-implemented inventions to be positive. [source] | ||||||||||||||||