Results for 'subsidiary protection'

998 found
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  1.  11
    Is There a Need for Extension of Subsidiary Protection in the European Union Qualification Directive?Lyra Jakulevičienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):215-232.
    The establishment of the Common European Asylum System by 2012 remains a key policy objective for the European Union. According to the Council of the European Union, the development of a Common Asylum Policy should be based on a full and inclusive application of the 1951 Geneva Convention Relating to the Status of Refugees and other relevant international treaties. In the European Pact on Immigration and Asylum attention is brought to the persistence of wide disparities amongst Member States in the (...)
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  2.  26
    Lessons of the First EU Court of Justice Judgments in Asylum Cases.Lyra Jakulevičienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):477-505.
    Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...)
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  3.  16
    Asylum Legal Framework and Policy of the Slovak Republic.Lucia Hurná - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1383-1405.
    After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the international community. (...)
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  4.  38
    Protection under the European Convention on Human Rights – Oasis for Asylum Seekers in Europe?Lyra Jakulevičienė & Vladimiras Siniovas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):855-899.
    Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, in (...)
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  5. Attitudes to Animals in the Animal Protection Community Compared to a Normative Community Sample.Nicola Taylor & Tania Signal - 2006 - Society and Animals 14 (3):265-274.
    Attitudes toward the treatment of nonhuman animals in the animal protection community remain largely under researched. In an attempt to begin to rectify this, this study conducted a survey of 407 members of the animal protection community using the Animal Attitude Scale . The survey also asked participants to indicate whether they identified more with animal rights or animal welfare perspectives and a direct or indirect action approach to securing animal protection. Results of the current study indicate (...)
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  6.  80
    Ethics and the Potential Conflicts Between Astrobiology, Planetary Protection and Commercial Use of Space.Erik Persson - 2017 - Challenges 8 (1).
    A high standard of planetary protection is important for astrobiology, though the risk for contamination can never be zero. It is therefore important to find a balance. If extraterrestrial life has a moral standing in its own right, it will also affect what we have to do to protect it. The questions of how far we need to go to protect extraterrestrial life will be even more acute and complicated when the time comes to use habitable worlds for commercial (...)
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  7. Delegating and distributing morality: Can we inscribe privacy protection in a machine? [REVIEW]Alison Adam - 2005 - Ethics and Information Technology 7 (4):233-242.
    This paper addresses the question of delegation of morality to a machine, through a consideration of whether or not non-humans can be considered to be moral. The aspect of morality under consideration here is protection of privacy. The topic is introduced through two cases where there was a failure in sharing and retaining personal data protected by UK data protection law, with tragic consequences. In some sense this can be regarded as a failure in the process of delegating (...)
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  8. The Rationale of Punishment.Jeremy Bentham - 2009 - Prometheus Books.
    Definitions and distinctions -- Classification -- Of the ends of punishment -- Cases unmeet for punishment -- Expense of punishment -- Measure of punishment -- Of the properties to be given to a lot of punishment -- Of analogy between crimes and punishment -- Of retaliation -- Popularity -- Simple afflictive punishments -- Of complex afflictive punishments -- Of restrictive punishments--territorial confinement -- Imprisonment -- Imprisonment--fees -- Imprisonment examined -- General scheme of imprisonment -- Of other species of territorial confinement--quasi-imprisonment--relegation--banishment (...)
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  9.  56
    Online Security and the Protection of Civil Rights: A Legal Overview. [REVIEW]Ugo Pagallo - 2013 - Philosophy and Technology 26 (4):381-395.
    The paper examines the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing. Over the past years, the purpose of several laws, and legislative drafts such as ACTA, has been to impose “zero-sum games”. In light of current statutes, such as HADOPI in France, or (...)
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  10.  33
    Freedom of Conscience and Health Care in the United States of America: The Conflict Between Public Health and Religious Liberty in the Patient Protection and Affordable Care Act.Peter West-Oram - 2013 - Health Care Analysis 21 (3):237-247.
    The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether or (...)
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  11.  44
    Scientific Expertise: Epistemic and Social Standards—The Example of the German Radiation Protection Commission.Martin Carrier & Wolfgang Krohn - 2018 - Topoi 37 (1):55-66.
    In their self-understanding, expert committees solely draw on scientific knowledge to provide policy advice. However, we try to show, first, on the basis of material related to the German Radiation Protection Commission that much of their work consists in active model building. Second, expert advice is judged by criteria that diverge from standards used for judging epistemic research. In particular, the commitment to generality or universality is replaced by the criterion of specificity, and the value of precision gives way (...)
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  12.  26
    Integrity and Self-Protection.Carolyn McLeod - 2004 - Journal of Social Philosophy 35 (2):216–232.
    Self-protection seems to be negatively correlated with integrity on the standard conception of that virtue. To be self-protective is to lose some of our integrity. In this paper, I pursue the somewhat unlikely claim that a certain amount of self-protection is consistent with integrity and is even required by it in many circumstances.
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  13.  51
    Privacy Rights and Protection: Foreign Values in Modern Thai Context. [REVIEW]Krisana Kitiyadisai - 2005 - Ethics and Information Technology 7 (1):17-26.
    The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization of the urban, educated (...)
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  14.  41
    Moving Toward Evidence-Based Human Participant Protection.Michael McDonald & Susan Cox - 2009 - Journal of Academic Ethics 7 (1-2):1-16.
    There is near universal recognition that human participant protection is both morally and practically essential for all forms of research involving humans. Yet most of the discourse around human participant protection has focussed on norms—rules, regulations and governance arrangements—rather than on the actual effectiveness of these norms in achieving their ends—protecting participants from undue risk and ensuring respectful treatment as well as advancing the generation of useful knowledge. In recent years there has been increasing advocacy for evidence-based human (...)
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  15.  20
    An Analysis of Child Protection ‘Standard Operating Procedures for Research’ in Higher Education Institutions in the United Kingdom.Duncan Randall, Kristin Childers-Buschle, Anna Anderson & Julie Taylor - 2015 - BMC Medical Ethics 16 (1):66.
    Interest in children’s agency within the research process has led to a renewed consideration of the relationships between researchers and children. Child protection concerns are sometimes not recognised by researchers, and sometimes ignored. Yet much research on children’s lives, especially in health, has the potential to uncover child abuse. University research guidance should be in place to safeguard both researchers and the populations under scrutiny. The aim of this study was to examine university guidance on protecting children in research (...)
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  16. The Rise of Golden Dawn: Ideology and Organization in an Industry of Private Protection in Contemporary Greece.Mattia Zulianello - 2015 - Governare la Paura. Journal of Interdisciplinary Studies 8 (1).
    In this paper I analyze a case of extreme response to need of security in the landscape of advanced democracies: the role of Golden Dawn in the management and reproduction of the profound socio-economic crisis in Greece. I argue that the keys behind the success of such a party are to be found in two distinct but self-reinforcing elements: its organizational strength and its anti-system ideology. The most significant organizational structures and activities which transformed Golden Dawn into a quasi-mafia style (...)
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  17.  27
    Social Networks and Web 2.0: Are Users Also Bound by Data Protection Regulations? [REVIEW]Brendan Van Alsenoy, Joris Ballet, Aleksandra Kuczerawy & Jos Dumortier - 2009 - Identity in the Information Society 2 (1):65-79.
    Directive 95/46/EC and implementing legislation define the respective obligations and liabilities of the different actors that may be involved in a personal data processing operation. There are certain exceptions to the scope of these regulations, among which processing which is carried out by natural persons in the course of activities that may be considered ‘purely personal’. The purpose of this article is to investigate the liability of users of social network sites under data protection and to assess the extent (...)
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  18.  40
    Domestic Abuse, Civil Protection Orders and the `New Criminologies': Is There Any Value in Engaging with the Law?Clare Connelly & Kate Cavanagh - 2007 - Feminist Legal Studies 15 (3):259-287.
    Changes in government policy over the last two decades have seen the traditional goals of criminal justice, namely prosecution and punishment, being replaced by an emphasis on prevention, fear reduction, security and harm reduction. During this time domestic abuse has gained a place on the political agenda, which has resulted in legislative initiatives in the form of civil protection orders across the U.K. which primarily focus on prevention but have also more recently begun to rely on the traditional criminal (...)
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  19.  36
    Legal Determinants of External Finance Revisited: The Inverse Relationship Between Investor Protection and Societal Well-Being. [REVIEW]David Collison, Stuart Cross, John Ferguson, David Power & Lorna Stevenson - 2012 - Journal of Business Ethics 108 (3):393-410.
    This article investigates relationships between countries' legal traditions and their quality of life as measured by a number of widely reported social indicators; in so doing it also offers a critique of a highly influential body of work which is widely cited in the literatures of corporate governance, economics and finance. That body of work has shown, inter alia, statistically significant relationships between legal traditions and various proxies for investor protection. We show statistically significant relationships between legal traditions and (...)
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  20.  54
    Built-in privacy—no panacea, but a necessary condition for effective privacy protection.Alexander Dix - 2010 - Identity in the Information Society 3 (2):257-265.
    Built-in privacy has for too long been neglected by regulators. They have concentrated on reacting to violations of rules. Even imposing severe fines will however not address the basic issue that preventative privacy protection is much more meaningful. The paper discusses this in the context of the International Working Group on Data Protection in Telecommunications which has published numerous recommendations on privacy-compliant design of technical innovations. Social network services, road pricing schemes, and the distribution of digital media content (...)
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  21.  93
    Consensus Conference on Environmental Values in Radiation Protection: A Report on Building Consensus Among Experts.Matthias Kaiser & Ellen-Marie Forsberg - 2002 - Science and Engineering Ethics 8 (4):593-602.
    During the fall of 2001 (October 22–25), The Norwegian Radiation Protection Authority (NRPA) and the Agricultural University of Norway arranged a consensus conference on the protection of the environment against ionising radiation. The motive for the conference was the need to study the ethical and philosophical basis for protection of nature in its own right. The conference was funded by Nordic Nuclear Safety Research (NKS), in cooperation with the International Union of Radioecology (IUR). The National Committee for (...)
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  22.  42
    The Protection of Patients' Rights in Clinical Trials.Marek Czarkowski - 2006 - Science and Engineering Ethics 12 (1):131-138.
    The Helsinki Declaration is a very important document regarding the protection of patients’ rights in clinical trials and one of the fundamental sources of operational principles for every ethics committee. Although they have been updated, the international guidelines for ethics committees continually fail to address certain issues pertaining to the protection of patients’ rights in clinical trials. These issues include, most significantly, the method of electing ethics committees (a free, secret ballot should be preferred to direct appointment), the (...)
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  23.  34
    Hume's Humanity and the Protection of the Vulnerable.Ivana Zagorac - 2015 - Diametros 44:189-203.
    It is well known that Hume excluded inferior rational beings, who are incapable of resistance and weak resentment, from his concept of justice. This resulted in a critique of Hume’s theory of justice, as it would not protect those who were the most vulnerable against ill treatment. The typical answer to this critique is that Hume excluded inferior rational beings from the concept of justice, but not from that of morality, and that he considered their protection to be the (...)
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  24.  42
    Economics of Radiation Protection: Equity Considerations.Thierry Schneider, Caroline Schieber, Louis Eeckhoudt & Christian Gollier - 1997 - Theory and Decision 43 (3):241-251.
    In order to implement cost-benefit analysis of protective actions to reduce radiological exposures, one needs to attribute a monetary value to the avoided exposure. Recently, the International Commission on Radiological Protection has stressed the need to take into consideration not only the collective exposure to ionising radiation but also its dispersion in the population. In this paper, by using some well known and some recent results in the economics of uncertainty, we discuss how to integrate these recommendations in the (...)
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  25.  22
    The Role of Interfaith Dialogue in the Process of Protection and Implementation of Human Rights.Liliya Sazonova - 2004 - Journal for the Study of Religions and Ideologies 3 (7):170-181.
    The main thesis of this essay is that the inter-religious dialogue gives us some unique mechanisms for protecting and implementing human rights. This alternative way of implementation of the basic provisions of the international human rights law includes several practices. Among them there are organizing demonstrations, infor- mational campaigns, lobby campaigns for the ratification of certain legal means, monitoring, educational programs, declarations etc. These activities define the inter-religious dialogue movement as a civil society phenom- enon that acts both at the (...)
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  26.  31
    Crop Protection Between Sciences, Ethics and Societies: From Quick-Fix Ideal to Multiple Partial Solutions. [REVIEW]Coutellec Léo & Bernard Pintureau - 2013 - Journal of Agricultural and Environmental Ethics 26 (1):207-230.
    Crop protection has a very long history during which new methods have been developed whilst, at the same time, the older ones have retained their usefulness in certain conditions. The diversity of agricultural land and production has meant that it was futile to search for a unique and definitive approach or technical solution and, instead, the central concept has always been one of integration, during all the period of pre-Green Revolution and again today within what we call a sustainable (...)
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  27.  29
    Beware of the Virtual Doll: ISPs and the Protection of Personal Data of Minors. [REVIEW]Daniel Nagel - 2011 - Philosophy and Technology 24 (4):411-418.
    Once upon a time, they managed to bring Neverland into the bedrooms; they were seen as the heroes of a new era. However, as heroes always tend to walk a fine line between good and evil, it does not come as a surprise that a decade later the perception has dramatically changed; the fairy tale turned into a nightmare. Are Internet Service Providers (ISPs) no more than data-guzzling monsters that need to be tamed? In November, the European Commission published a (...)
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  28.  20
    New EU Standards of Consumer Protection? New Directive on Consumer Rights 2011/83/EU.Arndt Künnecke - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):951-970.
    In recent years consumer law has come more and more into the focus of legislation within the EU. One of the EU’s key objectives, completing the final stage of the internal market, is to place consumer rights in the centre of it. Following the adaption of various consumer law measures for some decades, the EU has undertaken a thorough review of its consumer acquis. After years of consultations, the Consumer Rights Directive 2011/83/ EU, which was supposed to set new standards (...)
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  29.  17
    Regulating Internal Protection Alternative as the Element of Refugee Definition in the EU Directive 2004/83/EC and its Recast Proposal (article in Lithuanian). [REVIEW]Laurynas Biekša - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):871-882.
    Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line (...)
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  30.  18
    The Physician's Role in the Protection of Human Research Subjects.Professor John R. Williams - 2006 - Science and Engineering Ethics 12 (1):5-12.
    Responsibility for the protection of human research subjects is shared by investigators, research ethics committees, sponsors/funders, research institutions, governments and, the focus of this article, physicians who enrol patients in clinical trials. The article describes the general principles of the patient-physician relationship that should regulate the participation of physicians in clinical trials and proposes guidelines for determining when and how such participation should proceed. The guidelines deal with the following stages of the trial: when first considering participation, when deciding (...)
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  31.  15
    European Union Accession to the European Convention on Human Rights: Stronger Protection of Fundamental Rights in Europe?Loreta Šaltinytė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):177-196.
    The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to the ECHR. (...)
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  32.  15
    The Environmental Movement and Labor in Global Capitalism: Lessons From the Case of the Headwaters Forest. [REVIEW]Alessandro Bonanno & Bill Blome - 2001 - Agriculture and Human Values 18 (4):365-381.
    Employing the case of theredwood Headwaters forest in rural NorthernCalifornia, this paper investigates the extentto which an anti-corporate progressive alliancebetween labor and the environmental movement ispossible in contemporary global capitalism.Progressive alliances between labor and theenvironmental movement have been historicallydifficult. This has been particularly the casein the timber industry, where companies havebeen able to mobilize workers againstenvironmentalists' designs. The caseillustrates the events that led to the purchaseof the Headwaters Forest by the state ofCalifornia and the Federal Government fromPacific Lumber. This is (...)
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  33.  16
    The Impact of General Human Rights on the Protection of Persons Belonging to National Minorities.Aistė Račkauskaitė-Burneikienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):923-950.
    The protection of national minorities forms a constituent part of the international protection of human rights. General human rights treaties (the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and others) create guarantees for the protection of persons belonging to national minorities on the basis of individual human rights. Although the mentioned treaties are not specifically devoted for (...)
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  34.  13
    Ethical Reflections on the Status of the Preimplantation Embryo Leading to the German Embryo Protection Act.Prof Dr H. W. Michelmann & B. Hinney - 1995 - Science and Engineering Ethics 1 (2):145-150.
    Ethical conflicts have always been connected with new techniques of reproductive medicine such as in-vitro fertilization. The fundamental question is: When does human life begin and from which stage of development should the embryo be protected? This question cannot be solved by scientific findings only. In prenatal ontogenesis there is no moment during the development from the fertilized oocyte to a human being which could be recognized as an orientation point for all ethical problems connected with the question of the (...)
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  35.  12
    Legislative and Ethical Peculiarities of Human Genetic Data Protection.Danielius Serapinas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):165-179.
    Genetics is a biomedical science that investigates heredity, variability, occurrence of genetic diseases and their prevention. Genetic science has many fields of science, which deal with different genetic processes, methods, aspects and fields of application. The genetic research in Europe related to the individual as the main subject of the research is exposed to a wide range of ethical and legal issues. From the developments in genetic science other sciences have evolved, thanks to which the modern world is able to (...)
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  36.  22
    Strengthening the United States' Database Protection Laws: Balancing Public Access and Private Control.David B. Resnik - 2003 - Science and Engineering Ethics 9 (3):301-318.
    This paper develops three arguments for increasing the strength of database protection under U.S. law. First, stronger protections would encourage private investment in database development, and private databases have many potential benefits for science and industry. Second, stronger protections would discourage extensive use of private licenses to protect databases and would allow for greater public control over database laws and policies. Third, stronger database protections in the U.S. would harmonize U.S. and E.U. laws and would thus enhance international trade, (...)
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  37.  12
    Diplomatic Protection and Questions Related to Succession of States.Birutė Kunigėlytė-Žiūkienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):591-609.
    Succession of states regains its importance in current geopolitical situation as now we are witnessing a possible new wave of state succession: South Sudan has been accepted to the United Nations, Kosovo’s independence has been recognized by many countries, Palestine has gained new status in the United Nations, etc. This would lead to the necessity to resolve questions related to succession of states, which might, among other subjects, include issues of diplomatic protection which was subject to international legislation – (...)
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  38.  18
    Opinion on Directive 98/44/EC on the Legal Protection of Biotechnical Inventions, and its Implementation in Sweden.Jan Wahlström - 2005 - Science and Engineering Ethics 11 (1):113-115.
    The following statement is the formal opinion by the Swedish National Council on Medical Ethics concerning the implementation of Directive 98/44/EC of the European Parliament concerning legal protection of biotechnical inventions, and the implications and implementation of this Directive in Sweden.
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  39.  8
    The US Alien Tort Claims Act of 1789, the US Torture Victims Protection Act of 1992, and the Gongadze Case: A Right Without Adequate Remedy? [REVIEW]Mary Dominick - 2008 - Human Rights Review 9 (4):545-547.
    The US 1992 Torture Victims Protection Act (TVPA) strengthens the reach of the 1789 Alien Tort Claims Act (ATCA) to US citizens alleging claims of torture and/or extrajudicial killings that occur abroad, but only if the plaintiffs were US citizens at the time of the criminal acts. Should the later-in-time statute, which gives effect to the United Nations Convention against Torture and extends remedies under the ATCA, be amended to apply to those given political asylum in this country from (...)
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  40.  5
    Consumer Protection Against Unfair Commercial Practices in the Light of Directive 2005/29 Concerning Unfair Business-to-Consumer Commercial Practices in the Internal Market. [REVIEW]Robert Stefanicki - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (1):69-90.
    The aim of the Directive 2005/29 on unfair commercial practices is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by way of approximation of the laws, regulations and administrative provisions of Member States relating to the elimination of these practices. As announced to the European Commission’s Green Paper, the Commission felt that the existing regulations in the Member States in that the regard to show significant differences causes legal uncertainty (...)
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  41.  5
    Protection of Creditors' Rights in Asset Deal.Asta Jakutytė-Sungailienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (1):199-212.
    The Civil Code of Lithuania re-established enterprise (business) as a self-sufficient object of civil rights and introduced several legal transanctions with it, the so- called asset deals (sale-purchase of enterprise and lease of enterprise). Since every transfer of enterprise comprises the transfer (delegation) of debts to the new owner, the legal regulation on asset deals must be orientated to the protection of creditors’ rights. However, the legal practice showed that the existing legal regulation regarding asset deals, in particular the (...)
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  42.  5
    The Boundaries of Legal Protection of Well-Known Trademarks: Problems of Legal Regulation.Danguolė Klimkevičiūtė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):267-294.
    The legal protection of well-known trademarks is an exception to the fundamental principles of trademark law, i.e. territorality, registration and „speciality“. The well-known trademark is protected even if it had not been registered according to the national legal regulation of that state, in which protection is sought. The well-known trademark can also be protected even in respect to the goods and (or) services which are not similar to those for which the well-known trademark is used or registered (in (...)
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  43.  4
    In Search of the Nature and Function of Fiduciary Loyalty: Some Observations on Conaglen's Analysis.Rebecca Lee - 2007 - Oxford Journal of Legal Studies 27 (2):327-338.
    Fiduciary law is in a state of flux. We know that the core obligation of a fiduciary is an obligation of loyalty, but we are less sure what ‘fiduciary loyalty’ encompasses. We know a fiduciary has duties not to profit or put himself in positions of conflict, but how these duties interact with other non-fiduciary duties (whether tortious or contractual or otherwise) is more difficult to discern. Against this background, Conaglen has made a recent contribution to our understanding of the (...)
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  44.  3
    Owners of Databases Copyright and Sui Generis Right.Ramūnas Birštonas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 116 (2):211-227.
    Directive 96/9/EC of the European Parliament and of the Council on the legal protection of databases of 11 March 1996, which was intended to protect the interests of the makers of databases, determined that databases could be protected by double rights: copyright and sui generis right. The article first of all analyses what persons are entitled to be acknowledged as holders of copyright and sui generis right in respect of a newly created database. As the issue of the owner (...)
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  45. Corporate Social Responsibility, Investor Protection, and Earnings Management: Some International Evidence. [REVIEW]Hsiang-Lin Chih, Chung-Hua Shen & Feng-Ching Kang - 2008 - Journal of Business Ethics 79 (1-2):179 - 198.
    To many, recent allegations of accounting fraud (or earnings management; EM) at Enron, coupled with similar ones at many other corporations, are a strong indication of a serious decay in business ethics. In academics, this raises the concern between EM and corporate social responsibility (CSR). Since it has neither been documented, nor globally tested whether CSR mitigates or increases the extent of EM, three kinds of EM are studied: earnings smoothing, earnings aggressiveness, and earnings losses and decreases avoidance. The extents (...)
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  46. De la protection de la nature au développement durable : Genèse d'un oxymore éthique et politique.Donato Bergandi & Patrick Blandin - 2012 - Revue d'Histoire des Sciences 65 (1):103-142.
    Le concept de développement durable s’enracine dans l’histoire des mouvements de préservation de la nature et de conservation des ressources naturelles et de leurs relations avec les sciences de la nature, en particulier l’écologie. En tant que paradigme sociétal, à la fois écologique, politique et économique, il se présente comme un projet politique idéal applicable à l’ensemble des sociétés, qui prétend dépasser l’opposition entre ces deux visions profondément divergentes des relations homme‑nature. L’analyse des textes internationaux pertinents permet de dégager les (...)
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  47.  61
    Are the Votes of Ethics Committees in Germany for the Protection of Clinical Study Trial Subjects “Sovereign Acts?”.Hans-Peter Graf - 2013 - Science and Engineering Ethics 19 (2):341-354.
    A sudden paradigm shift has resulted in governmental measures that greatly impact the scope in which the ethics committees in Germany can perform their task of providing expert opinions for clinical research. The so-called “revaluation” of the Medical Device Law Deutsches Medizinproduktegesetz—MPG) is, in our opinion, not based on sound political and professional judgment. In accordance with the changed regulations, ethics committees are now seen as being sub-organs of the state medical associations or the medical faculties and are therefore official (...)
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    Endogenous Risk and Protection Premiums.Jason Shogren - 1991 - Theory and Decision 31 (2-3):241-256.
  49.  31
    Flexibility, Endogenous Risk, and the Protection Premium.Sergio H. Lence & Bruce A. Babcock - 1995 - Theory and Decision 38 (1):29-49.
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    Body Techniques of Vulnerability: The Generational Order and the Body in Child Protection Services.Lars Alberth - 2013 - Human Studies 36 (1):67-88.
    The paper seeks to analyze children’s bodily vulnerability as grounded in generational order. The thesis is put forward, that the generational order is embodied via body techniques of vulnerability, deployed both by adults and children. In presenting results from research on professional responses to child maltreatment and neglect, three sets of age related body techniques of vulnerability are identified, concerning caregivers, professionals and the children itself.
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