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New Laws (new + law)
Selected AbstractsRights and Access to Plant Genetic Resources under India's New LawDEVELOPMENT POLICY REVIEW, Issue 4 2004Anitha Ramanna Recognition of ,Farmer's Rights' is an attempt by developing countries to evolve a counterclaim to breeders' Intellectual Property Rights (IPRs) promoted under the TRIPs Agreement of the WTO. India is one of the first countries to have granted rights to both breeders and farmers under the Protection of Plant Varieties and Farmers' Rights Act, 2001. This multiple rights system aims to distribute rights equitably, but may pose the threat of an ,anticommons tragedy' i.e. too many parties independently possessing the right to exclude others from utilising a resource. If under-utilisation of plant genetic resources results, the Act will have negative consequences for sustaining crop productivity and for the welfare of the very farming communities it seeks to compensate. [source] In Conversation with Helen Dorr and Vicki RaphaelBRITISH JOURNAL OF LEARNING DISABILITIES, Issue 4 2006Andrew Holman Accessible summary ,,There is a new National Family Carer Network putting the views across of family carers. ,,They believe family carers have often been given a bad name. ,,Family carers now have more places on the Learning Disability TaskForce, but will it do any better than before? ,,New laws about who can make decisions will help, if they don't imply that parents are always bad. ,,The future for the Network is unclear. [source] Expected impacts of the Cannabis Infringement Notice scheme in Western Australia on regular users and their involvement in the cannabis marketDRUG AND ALCOHOL REVIEW, Issue 4 2005FRANCOISE CHANTELOUP Abstract The effect on the cannabis market is one area of interest in the evaluation of the new ,prohibition with civil penalties' scheme for minor cannabis offences in WA. One goal of the scheme is to reduce the proportion of cannabis consumed that is supplied by large-scale suppliers that may also supply other drugs. As part of the pre-change phase of the evaluation, 100 regular (at least weekly) cannabis users were given a qualitative and quantitative interview covering knowledge and attitudes towards cannabis law, personal cannabis use, market factors, experience with the justice system and impact of legislative change. Some 85% of those who commented identified the changes as having little impact on their cannabis use. Some 89% of the 70 who intended to cultivate cannabis once the CIN scheme was introduced suggested they would grow cannabis within the two non-hydroponic plant-limit eligible for an infringement notice under the new law. Only 15% believed an increase in self-supply would undermine the large scale suppliers of cannabis in the market and allow some cannabis users to distance themselves from its unsavoury aspects. Only 11% said they would enter, or re-enter, the cannabis market as sellers as a result of the scheme introduction. Most respondents who commented believed that the impact of the legislative changes on the cannabis market would be negligible. The extent to which this happens will be addressed in the post-change phase of this research. Part of the challenge in assessing the impact of the CIN scheme on the cannabis market is that it is distinctly heterogeneous. [source] Trade union recognition in Britain, 1995,1902: turning a corner?INDUSTRIAL RELATIONS JOURNAL, Issue 3 2004Gregor Gall ABSTRACT This paper examines developments in union recognition in Britain between 1995,1902 and assesses the influence of the statutory provisions for gaining recognition contained in the Employment Relations Act 1999. The paper details the significant increase in new agreements, concluding that the new law is one important factor explaining this growth. Analysis is made of the nature and circumstances of the new agreements. Finally, the paper considers whether these developments indicate the turning of a corner for trends in recognition coverage. [source] China's new law on enterprise bankruptcy: a story with a happy end?INTERNATIONAL INSOLVENCY REVIEW, Issue 1 2007Article first published online: 13 MAR 200, Mike Falke The Chinese National People's Congress has recently promulgated a new law on enterprise bankruptcy, which will come into force in June 2007. For the first time, the law intends to cover generally both private and state-owned enterprises (SOEs). The law does widely comply with accepted international standards and provisions found in modern insolvency codes of other jurisdictions. However, it also contains several gaps, blurred provisions and legislative shortcomings, which have to be addressed promptly in order to assure a smooth implementation of the new law. Copyright © 2007 John Wiley & Sons, Ltd. [source] Pierson v. Post: A Great Debate, James Kent, and the Project of Building a Learned Law for New York StateLAW & SOCIAL INQUIRY, Issue 2 2009Angela Fernandez Pierson v. Post (1805) has long puzzled legal teachers and scholars. This article argues that the appellate report was the product of the intellectual interests (and schooling) of the lawyers and judges involved in the case. They converted a minor dispute about a fox into a major argument in order to argue from Roman and other civil law sources on how to establish possession in wild animals, effectively crafting an opportunity to create new law for New York State. This article explores the possibility that the mastermind behind this case was the chief justice of the court at the time, James Kent. The question of Kent's involvement in 1805 remains elusive. However, the article uses annotations he made on his copy of the case and discussion of Pierson v. Post in his famous Commentaries to demonstrate the nature of his later interest and to explore the project of building a learned law for New York State. [source] Iraq struggles to pass new oil lawOIL AND ENERGY TRENDS, Issue 9 2007Article first published online: 11 SEP 200 Amid the continuing chaos in Iraq, the government is trying to obtain agreement on a new oil law covering upstream investment and the sharing of oil revenues amongst the 18 provinces of the country. Despite several attempts to draw up new legislation, the government has been unable to obtain sufficient agreement among the various ethnic, religious and other groups to obtain a sufficient majority to allow the country's parliament to pass any new law covering the petroleum industry. [source] The United Kingdom's Immunity from Seizure LegislationTHE MODERN LAW REVIEW, Issue 5 2009Anna O'Connell The UK's Department for Culture Media and Sport (DCMS) has introduced legislation to provide immunity from seizure for cultural objects on temporary loan from other countries to approved museums and galleries in the UK. The legislation is aimed at facilitating the cross-border lending of objects and bringing the UK into line with other countries such as the United States, France and Germany, that already afford such legal immunity. In the absence of immunity legislation in the UK, many museums and private lenders had been reluctant to loan their objects because of the risk that they might be seized by creditors seeking to settle financial disputes or by claimants contesting ownership of the works. This article examines whether the new law will be effective to provide museums and lenders with the protection they have been hoping for and asks whether it goes too far in depriving claimants of legal rights and remedies. [source] The AJT Report: News and issues that affect organ and tissue transplantationAMERICAN JOURNAL OF TRANSPLANTATION, Issue 7 2010SUE PONDROM This month, transplant professionals weigh in on health-care reform, and what the new law might mean for the field. Also "The AJT Report" takes a close look at what happened to the expanded immunosuppressant coverage provision. [source] Nest Selection by Cavity-nesting Birds in Subtropical Montane Forests of the Andes: Implications for Sustainable Forest ManagementBIOTROPICA, Issue 3 2009Natalia Politi ABSTRACT Development of sustainable forestry has been hampered in tropical countries by a scarcity of research on the ecological effects of logging. We focused on cavity-nesting birds, a group known to be sensitive to logging. Cavities used for nesting were not a random subset of all available suitable cavities. Birds selected cavities that were relatively high above the ground, had smaller entrances, and were excavated by woodpeckers. The use of tree species was also not random: Calycophyllum multiflorum, Blepharocalyx gigantea, and Podocarpus parlatorei were disproportionately important. Cavity nests were also more likely to be found in areas with trees with high mean diameter at breast height. This study emphasizes the need to maintain some unlogged forest patches within logging areas and retain certain species of trees. This study has implications for forest management in Argentina, where a new law mandates the sustainable use of forest resources and where many landowners are interested in forest certification. RESUMEN En los países tropicales la implementación del manejo forestal sostenible se ha visto limitado debido a la escasez de estudios sobre los efectos ecológicos de la explotación forestal. Nos focalizamos en aves que nidifican en huecos de árboles porque este es un grupo sensible a las prácticas de manejo forestal. Los huecos en árboles utilizados para nidificar no fueron un conjunto al azar de todos los huecos adecuados disponibles. Las aves seleccionaron huecos en árboles que estaban a una altura elevada desde el suelo, con entradas chicas y excavadas por carpinteros. El uso de las especies de árboles tampoco fue al azar: Calycophyllum multiflorum, Blepharocalyx gigantea y Podocarpus parlatorei fueron desproporcionadamente importantes. Fue más probable encontrar nidos en parches de árboles que tuvieron un promedio de diámetro a la altura del pecho más alto. Este estudio resalta la necesidad de retener algunos parches del bosque sin intervención dentro del área de manejo y retener ciertas especies arbóreas. Este estudio tiene implicancias en el manejo forestal en Argentina, donde una nueva ley plantea un uso sostenible de los recursos forestales y donde muchos propietarios están interesados en obtener una certificación forestal. [source] SPECIAL SECTION: EVALUATION OF THE WESTERN AUSTRALIAN CANNABIS INFRINGEMENT NOTICE SCHEME,PHASE 1: Community attitudes towards cannabis law and the proposed Cannabis Infringement Notice scheme in Western AustraliaDRUG AND ALCOHOL REVIEW, Issue 4 2005JAMES FETHERSTON Abstract Western Australia (WA) became the fourth Australian jurisdiction to adopt a prohibition with civil penalties scheme for minor cannabis offences when its Cannabis Infringement Notice (CIN) scheme became law on 22 March 2004. Previous criminological research has demonstrated the importance of public attitudes towards the law in determining the effectiveness of legislation. This survey represents the first phase of a pre-post study that attempted to gauge public attitudes towards the legal status of cannabis, the proposed legislative reforms surrounding the drug and their likely effects. A random telephone survey of 809 members of the WA population was conducted prior to the implementation of the new laws with a view to exploring contemporary views of the existing legal status of cannabis, attitudes to the proposed legislative model and respondent perceptions of its likely effects. Despite cannabis being viewed negatively by large numbers of the sample, criminal penalties for minor cannabis offences were viewed as inappropriate and ineffective. Once explained, the proposed civil penalty scheme was viewed as ,a good idea' by 79% of the sample, despite significant differences due to personal experience of cannabis use, political affiliation, religiosity and age of offspring. Most believed that the legislative change would not result in changes to levels of cannabis use (70%) or ease of obtaining cannabis (59%). These data suggest that prior to its implementation the new legislation was highly acceptable to the majority of the community. These baseline data will be compared with data to be collected at the post-change phase of the study to allow empirical observations of attitudinal and behavioural changes occurring in the community. [source] Administrative and Court Reform in Central and Eastern EuropeEUROPEAN LAW JOURNAL, Issue 3 2003Frank Emmert Only relatively recently, it was recognised that successful administrative and court reform would be just as necessary in order to achieve the desired goals, namely that the candidates would eventually be able to take on their obligations as new members of the Union. Unfortunately, it has now become evident that it is easier to write new laws than to get them properly applied in every day practice. This article describes a number of cases to illustrate the problem. It shows that administrators and judges in Central and Eastern Europe have significant difficulties with Western working methods, specifically the application of international norms in the national legal order, due process and procedural safeguards, treatment of precedents, resolution of ambiguities and lacunae in the law, etc., which may in turn result in unjust and sometimes absurd application of laws. These difficulties cannot be resolved merely by organising ever more training courses and other theoretical programmes. The author claims that the majority of efforts promoting administrative and court reform applied so far have rendered only meager results. Therefore, additional and more creative measures have to be designed and implemented and have to be continued for years beyond accession of most of these countries to the EU in 2004. Otherwise, rule of law deserving its name will not materialise in the new Member States. The author concludes by offering some ideas based on many years of experience in the region. [source] Low-paid women: the impact of regulatory change in AustraliaINDUSTRIAL RELATIONS JOURNAL, Issue 5 2009Marian Baird ABSTRACT How is low-paid work experienced and understood by women at a time of marked regulatory change? Using a qualitative methodology, we examine women's experiences under Work Choices to assess the impact of the new laws. As in other neoliberal environments, we find that labour standards can have marked effects on low-paid workers; that heightened managerial prerogative leads to fear and insecurity; and that, in spite of all this, low-paid women have significant pride in their work. Furthermore, the results of regulatory change go beyond the workplace to affect women as carers, citizens and community members. [source] A Social Representations Approach To The Communication Between Different Spheres: An Analysis Of The Impacts Of Two Discursive FormatsJOURNAL FOR THE THEORY OF SOCIAL BEHAVIOUR, Issue 4 2009SUSANA BATEL This paper discusses the potential of the notions of reification and consensualization as developed by the theory of social representations as analytical tools for addressing the communication between the lay and scientific spheres. Social Representations Theory started by offering an over-sharp distinction between the reified and the consensual universes of which science and common sense, respectively, were presented as paradigmatic. This paper, however, suggests that the notions of consensual and reified can be considered as describing two distinct communicative formats: reification implying the use of arguments which establish prescriptions for representations and action, and consensualization relying on arguments which recognize the heterogeneity of representation and action. We illustrate this proposal through the analysis of a case in which the expert and the lay spheres of a Lisbon neighborhood opposed each other regarding the new laws of public participation in community matters. This analysis showed how reification and consensualization can be used as discursive formats by both spheres. The implications of the use of reification and consensualization and how they may depend on several power resources and have different impacts on social change are discussed. [source] Changes in Korean Corporate Governance: A Response to CrisisJOURNAL OF APPLIED CORPORATE FINANCE, Issue 1 2008E. Han Kim In the last months of 1997, the value of the Korean currency lost over half its value against the dollar, and the ruling party was swept from power in presidential elections. One of the fundamental causes of this national economic crisis was the widespread failure of Korean companies to earn their cost of capital, which contributed to massive shareholder losses and calls for corporate governance reform. Among the worst performers, and hence the main targets of governance reform, were family-controlled Korean business groups known as chaebol. Besides pursuing growth and size at the expense of value, such groups were notorious for expropriating minority shareholders through "tunneling" activities and other means. The reform measures introduced by the new administration were a mix of market-based solutions and government intervention. The government-engineered, large-scale swaps of business units among the largest chaebol,the so-called "big deals" that were designed to force each of the groups to identify and specialize in a core business,turned out to be failures, with serious unwanted side effects. At the same time, however, new laws and regulations designed to increase corporate transparency, oversight, and accountability have had clearly positive effects on Korean governance. Thanks to reductions in barriers to foreign ownership of Korean companies, such ownership had risen to about 37% at the end of 2006, up from just 13% ten years earlier. And in addition to the growing pressure for better governance from foreign investors, several newly formed Korean NGOs have pushed for increased transparency and accountability, particularly among the largest chaebol. The best governance practices in Korea today can be seen mainly in three kinds of corporations: (1) newly privatized companies; (2) large corporations run by professional management; and (3) banks with substantial equity ownership in the hands of foreign investors. The improvements in governance achieved by such companies,notably, fuller disclosure, better alignment of managerial incentives with shareholder value, and more effective oversight by boards,have enabled many of them to meet the global standard. And the governance policies and procedures of POSCO, the first Korean company to list on the New York Stock Exchange,as well as the recent recipient of a large equity investment by Warren Buffett,are held up as a model of best practice. At the other end of the Korean governance spectrum, however, there continue to be many large chaebol-affiliated or family-run companies that have resisted such reforms. And aided by the popular resistance to globalization, the lobbying efforts of such firms have succeeded not only in reducing the momentum of the Korean governance reform movement, but in reversing some of the previous gains. Most disturbing is the current push to allow American style anti-takeover devices, which, if successful, would weaken the disciplinary effect of the market for corporate control. [source] Crisis Management in France: Trends, Shifts and PerspectivesJOURNAL OF CONTINGENCIES AND CRISIS MANAGEMENT, Issue 4 2002Patrick Lagadec The object of this article is to give an idea of crisis management in France. I will look at two principal axes: firstly, a simplified outline of the system as it has evolved over the years and with regard to the major changes it is undergoing today; secondly, an overview of the efforts recently made by the most progressive actors in the field. Traditionally, all analyses of this type have concentrated on the French exception, that is, a centralised country answering to a strong state, largely influenced by past references, doctrines, hierarchical rules, and technical dispositions. Although this image is still very accurate in many respects, France has been progressively losing its ,classicism'. This has come about as a result, first and foremost, of the growing number of crises which contradict the logic of long,standing references. Uncertainties, multiplicity of actors, masses of information, major surprises, cross,over events and abrupt changes are but some of the elements which are increasingly difficult to absorb within pre,established historical models. With the profusion of new actors and networks of people unaware of former royal or Napoleonic regulations, the cards are largely being dealt between the public and the private, the central and the local, the national and the international, and so on. Transformation is continuously occurring by the accumulation of new laws (e.g. decentralisation) or specific adjustments (e.g. critical infrastructures). International markets and new information technologies also play a key role in this transformation. But perhaps the most powerful motor for change are crises. More often than not, crises lead to a loss of faith in yet unquestioned references, with regard to legitimacy, credibility and responsibility. France offers a highly contrasted scene as a country still resisting inevitable change. Although there is growing disorder, new opportunities are arising. Wishing to take a dynamic approach to these questions rather than a descriptive one, I have sought to distinguish the main themes and their interactions. I will particularly look at: problems raised by new crises in complex societies; the means necessary for ensuring progress (Boin; Lagadec 2000); resistance to these measures; and, finally, some of the most promising initiatives. The vocation of the European Crisis Management Academy is to share past experience as well as questions and answers in an area of great instability and critical stakes. [source] The incidence of land tenure insecurity in Southern Africa: Policy implications for sustainable developmentNATURAL RESOURCES FORUM, Issue 3 2007Gladys Mutangadura Abstract The study presented in this article used a combination of key informant interviews and a review and synthesis of existing country level literature to identify the major sources of land tenure insecurity in six Southern African countries: Botswana, Lesotho, Malawi, Mozambique, South Africa, and Zambia. Findings reveal that the main causes of land tenure insecurity experienced in Southern Africa include lack of land rights of minority groups, unclear or overlapping land rights, overcrowding, land alienation into leasehold, insecurity of farm workers and farm labour tenants, inappropriate and exploitative administrative practices, land encroachment and illegal settlers and limited women's land rights. The article presents a summary of land tenure security related initiatives that the study countries have or are in the process of adopting. Analysis of these initiatives shows that tenure reforms have focused on changing the law and rules but little has been done to translate new laws into implementable programs; capacity building; prioritization of resources to support tenure reform; provision of complementary policies and incentives; addressing HIV/AIDS-land tenure related problems; and monitoring and evaluation. The paper contends that these policy issues should be addressed in order to ensure realization of land tenure security for all. [source] Erprobt, bewährt und demontiert , Vom Verschwinden gewohnter StrukturenBAUTECHNIK, Issue 4 2006Beratender Ingenieur VBI, Prüfingenieur für Baustatik VPI, Sachverständiger nach WHG-VAwS Josef Steiner Dipl.-Ing. In der Bundesrepublik wurde in den zurückliegenden Jahren viel von dem, was über lange Zeit bewährt war, verändert, meistens ohne Not. Vorgeschoben hat man Zwänge von außen, oft wurden Empfehlungen, dem Hang zum vorauseilenden Gehorsam folgend, übererfüllt. Dies gilt insbesondere für das Abfassen neuer Gesetze. Leider zeigt sich als Ergebnis dieser Veränderungen ein Trend zum Mittelmaß auf vielen Gebieten; die mit dem Bauen befaßten Planer und die gesamte Baubranche bekommen die Folgen, z. B. durch praxisferne und unpraktikable Normen, zu spüren. Andererseits übt sich der Gesetzgeber in Deregulierungsmaßnahmen an der falschen Stelle und fördert z. B. durch den zunehmenden Verzicht auf die notwendigen präventiven Kontrollen ein Absinken des Sicherheitsniveaus unserer Bauten. (© 2006 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim) Tested , accepted , destroyed: About disappearing of used principles. In Germany in the past years much of what was proven over long time, changed, mostly without necessity , allegedly because of outside obligations, often recommendations became "over-fulfilled". This applies in particular to the draft of new laws. Unfortunately a trend shows up to mediocre results of these changes in many areas; the planners concerned with building and the entire construction industry get the consequences, e.g. by standards, lacking in practical relevance. On the other hand the legislator practices in deregulation measures in the wrong position and promotes e.g. by the increasing renouncement of necessary preventive controls a dropping of the safety level of our buildings. [source] A presumption to disclose: new laws on the provision of information about child sex offenders to parents in England and WalesCHILD ABUSE REVIEW, Issue 2 2010Terry Thomas Abstract In England and Wales, agencies managing child sex offenders in the community have long had the power to disclose information on those offenders to other agencies and sometimes to individual members of the public; this process has variously been referred to as ,discretionary disclosure' or ,controlled disclosure'. In 2008, new laws were passed to strengthen this process and allow designated members of the public to request such information and imposed a new duty on agencies considering disclosure to conduct those considerations with a ,presumption to disclose'. This article looks at the background to the new laws and how they might work in practice. Copyright © 2010 John Wiley & Sons, Ltd. [source] | |||||||||||||||||||||||||