Analyzed thelaw provides that every citizen of the Russian Federation, as well as persons who are not citizens of the Russian Federation legally residing in its territory, have theright to freedom of movement and choice of place of residence within the Russian Federation (article 1), prohibiting their illegal restriction or deprivation. In order to implement the rights and freedoms of Russian citizens considered thelaw introduces the register at the place of residence and place of residence (article 3), but is fixed, that the presence or absence of registration cannot serve as the basis for the restriction or condition for the realization of this right, as well as the grounds for regulated restrictions on theright to freedom of movement and choice of place of residence (article 8) .
conflict between social reality and law may place “the transsexual in an anomalous position, in which he or she may experience feelings of vulnerability, humiliation and anxiety”, which constitutes “a serious interference” with the transsexual’s private life. 93 Furthermore, the Court observed that the National Health Service financed the gender re-assignment of the applicant. Thus, in the Court’s opinion, this administrative practice was not coherent with the State’s refuse to recognise the legal implications of a treatment which it authorises or finances. 94 In addition, the Court held that the lack of evidence of a European consensus was no longer a decisive factor and, moreover, emphasised the existence of “a continuing international trend in favour not only of increased social acceptance of transsexuals but of legal recognition of the new sexual identity of post-operative transsexuals”. 95 Lastly, the Strasbourg Court stated that personal autonomy was an important principle underlying the interpretation of Article 8 and that it encompasses the “right to establish details of their identity as individual human beings”. 96 In this regard, the Court further added that:
As proposed in Section 1, both the fundamental princi- ples of international law and the CBD as such are prolonging and supporting an international denial of what is needed to support the future of biodiversity. As argued in this article, the core of the denial is re- flected in the fact that recent international regulatory efforts have not delivered the results sought. Biodiversi- ty continues to decline. As far as the CBD is concerned, its soft, open-ended approach, even though the CBD’s COP is active and taking important decisions and developing international biodiversity law further, it is obviously not theright regulatory method in this respect. Furthermore, if the default theory has any merits, then, in order to minimise the effects of the default principles, the CBD’s conservation provisions necessitate a different structure and should, inter alia, include some clear restrictions and limits on how far states can go when planning their land uses and in utilising biodiversity under their control. Instead of simply promoting sustainable use, the CBD should promote sustainable use within defined safe ecological limits. The precautionary principle and several precau- tionary approaches need to become part of the operative text of the CBD. To the extent that international law, including international biodiversity law, has contributed to the current state of biodiversity, the CBD and its implementation at the national level has not yet man- aged to make a difference, and the 2010 target will be missed.
To begin with, in order to assert the relevancy of Lyon’s description of UK-EU legal relations one has to look over the doctrine of sovereignty. A definition is required in order to make this analysis as clear as possible. According to R. J. Jefferey, “Sovereignty refers to the bundle of rights and competencies which go up to make up the nation state” (Jefferey, 1999, 12, 26). In this case it is essentially the parliament. Sovereignty of Parliament is considered to be the most fundamental characteristic of the UK constitution. It is a common law doctrine developed by the judges with origins in the 17 th century struggle between the Crown and Parliament resulting in the Bill of Rights 1689. The relevant part of this Act is Art 9 which clearly protects any act of Parliament from being questioned by any courts. 1 In essence, it provided the basis for the supremacy of the parliament as no one could enquire into its provisions. Dicey would later support this point in Jackson, where he clearly stated that the “parliament has, under the English constitution, theright to make or unmake any law whatever; and, further, that no person or body is recognized by thelaw of England as having a right to override or set aside the legislation of Parliament.” 2 The analysis of the concept of sovereignty is crucial to the examination of this relationship as it leads to an understanding of the proponents of the survivability of UK Parliamentary sovereignty. This applies to the sovereignty of other potential and/or candidate states such as Albania, which have obviously a ‘yet-to-be-matched’ legal system to that of the EU.
A concrete example is that of the Nguoghia née Ngoune Jeannette affair, in relation to theright of succession for a child born of adultery 51 . The Yaoundé- Ekounou Court of First Instance's ruling on the local law issue stated the principle of direct application of the United Nations convention on children's rights, signed on 25 September 1990 in New York, and ratified by Cameroon on 18 October 1991. For the court, ' (...) in the light of this convention and to the decree ratifying it, the state of Cameroon must protect children from all forms of discrimination; that henceforth, the concept of child born of adultery is nullified, given that the child did not choose to be born (...) That thanks to these legal instruments in favour of children's rights, the child Nguoguia Loic, alongside his brothers, is declared a co- heir of the late Nguoguia Etienne’.
Regarding specifically the genetic experiments or manipulation that may undermine human dignity, there was an attempt to introduce this legal assumption in the Constitution of the Republic of Peru in 1993: The commission of the constitution of Democratic Constitutional Congress approved an article that emphasized the protection of all kinds of experiments or genetic manipulations contrary to dignity. However, this text was not included in the constitution adopted by referendum, losing the opportunity to legislate on this subject 33 . On July 26, 2001 the commission charged with studying the constitutional reform in that country presented new Basis for a Constitutional Reform in which, either, it was considered the bioethical prospect in relation to the preservation of human dignity and the human rights versus the new technologies 33 . It should be also considered that very protection to health requires a complete regulation in Peru. In this sense, one must pay attention to art. 3 of the Convention on theRight of Man and Biomedicine 34 that recognizes theright to health, even if there are economic constraints in the system 35 . The genetic and medical law is committed to the establishment of special rules, which should arise from basic principles, already predicted and honored by the Constitution.
This explains why - in the few cases where judges confronted with the justiciability of theright to food - they have been extremely cautious. The caution arises from the fact that, generally speaking, the constitutional process (at least in Italy) is not designed to sanction the omissions of the legislator. As if to say that the remedial perspective is extraneous to the technique of the constitutional process, making difficult the identification of the sanction once the infringement of theright has been ascertained. When the judges declare the unconstitutionality of thelaw, they refer to the constitutional principle that must be respected by thelaw, in order to be considered compliant with the Constitution. In these sentences, they do not grant petitioners any relief. In the only case in which the Italian constitutional judges have dealt with theright to food, they referred to it as "social rights" and expressly recognized that the national legislator must take the necessary steps in order to alleviate situations of extreme need, in particular associated with problems of poverty and food 14 .
Meanwhile and regarding to the procedural rules we can divide the editors theories, which have been recognized widely, into two kinds, the first rule is to organize the construction procedure, but the second rules is to achieve the international law (B. A. facilinco and Y. Y. Lockshock) [2,5] . Theright understanding of the international legal procedural rules will respond to international relation requirements. These days executing procedural rules happened to be rarely done in meaning of its obligation, but in regards to its significant solutions for international conflicts, it can be used organizing various daily cases (not the hard ones) which associated with the mutual cooperation of the international law members.
In this instance, therefore, the Court, while considering the rights of the seven petitioners before it, also linked their rights to the collective rights of the people of Sri Lanka including future generations. It further expanded on this argument in its determination as to whether the Petitioners’ rights under Article 12 had been violated. It noted that the proposed agreement was heavily biased in favour of the company concerned and ‘is so framed that it generously strengthens, assists, supports, aids and abets the Company’s designs’, including circumventing the requirement for an environmental impact assessment under the National Environmental Act. 35 The terms of the agreement also enabled the company to avoid the cost of the environmental damage that would inevitably be caused by the proposed project, which cost would be borne by the general community either through reduced environmental quality or increased taxation to finance mitigation measures. Interestingly, the Court held that for these reasons, the proposed agreement seeks to circumvent thelaw ‘and its implementation is biased in favour of the company as against members of the public, including the Petitioners’ (emphasis added). 36 The Court therefore upheld the Petitioners’ claim that there was an imminent infringement of their fundamental rights under Article 12(1) of the Constitution. The notion that theright to equal treatment and equal protection of thelaw can be extended to the general public as against the State, an individual, or other entity was reinforced in a case concerning noise pollution. 37 In this case, the failure of a
Apart from acknowledging that the very idea of a ”right” is always a legal concept and as such it requires a legal or conventional order, we intend to emphasize that the economic analysis cannot be detached from the legal one, because: (i) whether economic interest is legally protected or not it affects the economic outcomes of the “right”; (ii) how one’s interests (the rights, liberties, etc.) are protected can affect the degree of protection with significant distributional implications (affecting the incentive systems, too). In short, the Law’s role is fundamentally related to the legal guarantee and its forms. The legal guarantee does not ensure, by itself, that theright will be effective, even less the ability of the holder to profit from his assets (it is not a sufficient or necessary condition for it).
Trauma has been given the utmost importance in the field of medicine since ages and is still being the most common cause of mortality and disability worldwide. Every hospital must have a fully equipped trauma care unit, operation theaters and intensive care units to render a better care to trauma patients and also emergency medical services and specialist from all the medical specialties.
Research linking the brain to anti- social and criminal behaviour also raises neurophilosophical questions concerning our liberty. Most neuroscientists hold that “minds are simply what brains do” . Indeed, with the omission of metaphysical constructs like the “mind”, many take the view that we are tied to the physical brain and, as a consequence, have little personal choice. A series of classic, yet controversial, studies by Benjamin Libet and colleagues showed that brain activity associated with deliberate decisions can be detected shortly before we are conscious of making the decision . In these studies, participants reported when they ﬁ rst felt the intention to make a spontaneous movement by noting the position of a dot moving on computer screen. They apparently ﬁ rst became aware of their intentions about 200 milliseconds before action execution, which is later than the onset of the so-called readiness potential (or “bereitschaftspotential”) recorded from the scalp prior to movement. Despite criticisms about the accuracy of this timing method, recent research [64,65] has shown that if anything, the actual onset of conscious intention
The goal of this paper is to analyze the premiere effects of the New Brazilian Bankruptcy Law, measuring its impact over the amount of bankruptcies and judicial reorganizations, and the firms’ access to credit. Making use of econometric models we find that the amount of bankruptcies (requested and decreed) suffered a strong and immediate impact, reducing it in a significant way as well as the requirement of judicial reorganizations. Finally, using sectorial aggregated credit data, we find an expansion of the credit market, mainly to commercial, rural and services sectors. Additionally we did not evidence changes at the average interest rate charged to firms.
Adoption processes have been studied by the economic science under multiple scenarios. Without intending to be exhaustive, we mention some illustrative examples. A …rst important model of di¤usion is the contagion model, used by Bass (1969, 1980) to address the adoption by costumers of new consumption goods; the main idea underlying this model relates to the fact that economic agents tend to adopt an innovation whenever they perceive that others have done the same, i.e., there will be a contagion or an epidemic e¤ect. Following this pioneer work, most of the literature on di¤usion concentrates on technology adoption, both in general terms and also relating some speci…c realities. Relevant generic approaches to the di¤usion of technology include, among others, Parente (1994, 2000), Karshenas and Stoneman (1995), Geroski (2000), Chatterjee and Hu (2004) and Mukoyama (2006). An example of technology di¤usion in a speci…c sector is Barros and Martinez-Giralt (2009) who address technological di¤usion in health care.
proportionality test, in turn, incorporates to legal decisionmaking elements traditionally viewed as “nonlegal,” since they pertain to the possible factual consequences of different regimes. In its conventional formulation, proportionality requires the decisionmaker to scrutinize different dimensions of the regime in question: (i) its suitability (does the means promote the end?), (ii) necessity (among all available means equally apt to promote the end, are there other means that are less restrictive?), and (iii) proportionality in the narrow sense (do the advantages in promoting the end outweigh the disadvantages brought about by the adoption of the means in question?). 62 In a significant number of cases, answering the questions posed by the proportionality test requires a style of reasoning that is fundamentally different from the deductive endeavor that historically distinguishes the civilian method of “syllogism” or “subsumption.” It often becomes necessary to employ a theory of human behavior to predict if a certain measure is adequate or necessary to promote the ends.
The new Chinese labor law makes it more difficult for companies to rely on fixed- term contracts as an “escape valve” for flexibility in times of adjustment. Rather than the 10-year period of the previous law, employers now must make up their minds by the end of the second successive fixed-term contract whether to retain a worker with an open-ended contract or dismiss him/her. The new regulations will begin to “bite” this year, since they refer only to new contracts signed after January 1st, 2008. As a consequence, firms may be forced to choose among three options. They may decide to take on a growing group of permanent workers who may show higher pro- ductivity due to their accumulated experience, but who also may resist pressures on their wages and productivity due to their high bargaining power. Such a work force can become a liability in times of declining demand. To avoid this, they may instead decide not to expand activities so they can make do with a smaller work force. Or they may begin either outsourcing production to staffing firms, or starting over peri- odically with a fresh group of temporary hires, to fill labor shortages when they arise and avoid the liability of eventual severance payments. There is some evidence that companies are already calculating the costs that could lead to this dualization in China. In the Pearl River Delta, for instance, companies report that they could save some Rmb300 a year per staff member if they moved toward short-term contracts or even part-time staff (China Law & Practice, 2009).
However, despite new plans and efforts to improve the school system, it seems that the South African school system is still not functioning satisfactorily. It appears that mainstream education in South Africa does not work either, since the school system does not make provision for the needs of learners who cannot cope in mainstream education nor does it make provision for children with specific skills, talents and aptitudes. In other words, it seems that the current inclusive mainstream school system of South Africa does not cater satisfactorily for learning differences, which means that the system excludes some learners (with different aptitudes, skills, talents and interests) from realising their right to a basic education to its fullest extent. The ripple effect of this is that there might be an infringement/violation of these children's constitutional rights to equality and dignity. Furthermore, one needs to ask whether mainstream schooling is really in the best interests of the child as provided for in section 28(2) of the Constitution, and whether it makes provision for children with "mainly practical talents" or children "whose predisposition lies between theoretical and practical extremes of the psychological range" to "compete" with children "who are theoretically inclined"? The answer to these questions is that it does not. 120 The reason for this is that children's aptitudes, skills and talents vary