429 resultados para Executory interests


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Last year European Intellectual Property Review published an article comparing the latest version of the proposed US database legislation, the Collections of Information Antipiracy Bill with the UK's Copyright and Rights in Database Regulations 1997. Subsequently a new US Bill, the Consumer and Investor Access to Information Act has emerged, the Antipiracy Bill has been amended and much debate has occurred, but the US seems no closer to enacting database legislation. This article briefly outlines the background to the US legislative efforts, examines the two Bills and draws some comparisons with the UK Regulations. A study of the US Bills clearly demonstrates the starkly divided opinion on database protection held by the Bills' proponents and the principal lobby groups driving the legislative efforts: the Antipiracy Bill is very protective of database producers' interests, whereas the Access Bill is heavily user-oriented. If the US experience is any indication there will be a long horizon involved in achieving any consensus on international harmonisation of this difficult area.

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Vendors provide reference process models as consolidated, off-the-shelf solutions to capture best practices in a given industry domain. Customers can then adapt these models to suit their specific requirements. Traditional process flexibility approaches facilitate this operation, but do not fully address it as they do not sufficiently take controlled change guided by vendors’ reference models into account. This tension between the customer’s freedom of adapting reference models, and the ability to incorporate with relatively low effort vendor-initiated reference model changes, thus needs to be carefully balanced. This paper introduces process extensibility as a new paradigm for customising reference processes and managing their evolution over time. Process extensibility mandates a clear recognition of the different responsibilities and interests of reference model vendors and consumers, and is concerned with keeping the effort of customer-side reference model adaptations low while allowing sufficient room for model change.

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The aim of this paper is to advance understandings of the processes of cluster-building and evolution, or transformative and adaptive change, through the conscious design and reflective activities of private and public actors. A model of transformation is developed which illustrates the importance of actors becoming exposed to new ideas and visions for industrial change by political entrepreneurs and external networks. Further, actors must be guided in their decision-making and action by the new vision, and this requires that they are persuaded of its viability through the provision of test cases and supportive resources and institutions. In order for new ideas to become guiding models, actors must be convinced of their desirability through the portrayal of models as a means of confronting competitive challenges and serving the economic interests of the city/region. Subsequent adaptive change is iterative and reflexive, involving a process of strategic learning amongst key industrial and political actors.

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• At common law, a competent adult can refuse life-sustaining medical treatment, either contemporaneously or through an advance directive which will operate at a later time when the adult’s capacity is lost. • Legislation in most Australian jurisdictions also provides for a competent adult to complete an advance directive that refuses life-sustaining medical treatment. • At common law, a court exercising its parens patriae jurisdiction can consent to, or authorise, the withdrawal or withholding of life-sustaining medical treatment from an adult or child who lacks capacity if that is in the best interests of the person. A court may also declare that the withholding or withdrawal of treatment is lawful. • Guardianship legislation in most jurisdictions allows a substitute decision-maker, in an appropriate case, to refuse life-sustaining medical treatment for an adult who lacks capacity. • In terms of children, a parent may refuse life-sustaining medical treatment for his or her child if it is in the child’s best interests. • While a refusal of life-sustaining medical treatment by a competent child may be valid, this decision can be overturned by a court. • At common law and generally under guardianship statutes, demand for futile treatment need not be complied with by doctors.

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The communities located adjacent to and around the Airport City are composed of diverse interests and cultures that often have little to do with the airport and its global service functions. Yet, as most airport managers know, these communities can have a significant impact on airport operations and land use. Community engagement is an essential element to airport planning and management that is often underplayed and given only a token effort. In order for Airport Cities to realize their full potential in global and national markets as well as assume an appropriate level of corporate responsibility there needs to be a strong and enduring connections to local and regional communities. Through a series of nationally held workshops throughout Australia and internationally, we have reviewed the complex relationship between airports and their surrounding communities. We argue the following engagement elements improve both communication and relationships with local communities and must be actively nurtured, developed and pursued by airport managers: connectivity, collaboration and citizenry.

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Many airports around the world are diversifying their land use strategies to integrate non-aeronautical development. These airports embrace the “airport city” concept to develop a wide range of commercial and light industrial land uses to support airport revenues. The consequences of this changing urban form are profound for both airport and municipal planners alike and present numerous challenges with regard to integration of airport and regional planning. While several tools exist for regional planning and airport operational planning, no holistic airport landside and regional planning tool exist. What is required is a planning support system that can integrate the sometimes conflicting stakeholder interests into one common goal for the airport and the surrounding region. This paper presents a planning support system and evaluates its application to a case study involving Brisbane Airport and the South East Queensland region in Australia.

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Knowledge of the regulation of food intake is crucial to an understanding of body weight and obesity. Strictly speaking, we should refer to the control of food intake whose expression is modulated in the interests of the regulation of body weight. Food intake is controlled, body weight is regulated. However, this semantic distinction only serves to emphasize the importance of food intake. Traditionally food intake has been researched within the homeostatic approach to physiological systems pioneered by Claude Bernard, Walter Cannon and others; and because feeding is a form of behaviour, it forms part of what Curt Richter referred to as the behavioural regulation of body weight (or behavioural homeostasis). This approach views food intake as the vehicle for energy supply whose expression is modulated by a metabolic drive generated in response to a requirement for energy. The idea was that eating behaviour is stimulated and inhibited by internal signalling systems (for the drive and suppression of eating respectively) in order to regulate the internal environment (energy stores, tissue needs).

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This thesis addresses the contemporary issue of the control, restoration and potential for reuse of State Government-owned heritage properties with commercial potential. It attempts to reconcile the sometimes competing interests of the range of stakeholders in such properties, particularly those seeking to maximise economic performance and return on one hand and community expectations for heritage preservation and exhibition on the other. The matters are approached principally from the Government's position as asset owner/manager. It includes research into a number of key elements - including statutory, physical and economic parameters and an analysis of the legitimate requirements of all stakeholders. The thesis also recognises the need for innovation in approach and for the careful structuring and pre-planning of proposals on a project-by-project basis. On the matter of innovation, four case studies are included in the thesis to exhibit some approaches and techniques that have already been employed in addressing these issues. From this research base, a series of deductions at both a macro and micro level are established and a model for a rational decision-making process for dealing with such projects is developed as a major outcome of the work. Finally, the general model is applied to a specific project, the currently unused Port Office heritage site in the Brisbane Central Business District.

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Literally, the word compliance suggests conformity in fulfilling official requirements. The thesis presents the results of the analysis and design of a class of protocols called compliant cryptologic protocols (CCP). The thesis presents a notion for compliance in cryptosystems that is conducive as a cryptologic goal. CCP are employed in security systems used by at least two mutually mistrusting sets of entities. The individuals in the sets of entities only trust the design of the security system and any trusted third party the security system may include. Such a security system can be thought of as a broker between the mistrusting sets of entities. In order to provide confidence in operation for the mistrusting sets of entities, CCP must provide compliance verification mechanisms. These mechanisms are employed either by all the entities or a set of authorised entities in the system to verify the compliance of the behaviour of various participating entities with the rules of the system. It is often stated that confidentiality, integrity and authentication are the primary interests of cryptology. It is evident from the literature that authentication mechanisms employ confidentiality and integrity services to achieve their goal. Therefore, the fundamental services that any cryptographic algorithm may provide are confidentiality and integrity only. Since controlling the behaviour of the entities is not a feasible cryptologic goal,the verification of the confidentiality of any data is a futile cryptologic exercise. For example, there exists no cryptologic mechanism that would prevent an entity from willingly or unwillingly exposing its private key corresponding to a certified public key. The confidentiality of the data can only be assumed. Therefore, any verification in cryptologic protocols must take the form of integrity verification mechanisms. Thus, compliance verification must take the form of integrity verification in cryptologic protocols. A definition of compliance that is conducive as a cryptologic goal is presented as a guarantee on the confidentiality and integrity services. The definitions are employed to provide a classification mechanism for various message formats in a cryptologic protocol. The classification assists in the characterisation of protocols, which assists in providing a focus for the goals of the research. The resulting concrete goal of the research is the study of those protocols that employ message formats to provide restricted confidentiality and universal integrity services to selected data. The thesis proposes an informal technique to understand, analyse and synthesise the integrity goals of a protocol system. The thesis contains a study of key recovery,electronic cash, peer-review, electronic auction, and electronic voting protocols. All these protocols contain message format that provide restricted confidentiality and universal integrity services to selected data. The study of key recovery systems aims to achieve robust key recovery relying only on the certification procedure and without the need for tamper-resistant system modules. The result of this study is a new technique for the design of key recovery systems called hybrid key escrow. The thesis identifies a class of compliant cryptologic protocols called secure selection protocols (SSP). The uniqueness of this class of protocols is the similarity in the goals of the member protocols, namely peer-review, electronic auction and electronic voting. The problem statement describing the goals of these protocols contain a tuple,(I, D), where I usually refers to an identity of a participant and D usually refers to the data selected by the participant. SSP are interested in providing confidentiality service to the tuple for hiding the relationship between I and D, and integrity service to the tuple after its formation to prevent the modification of the tuple. The thesis provides a schema to solve the instances of SSP by employing the electronic cash technology. The thesis makes a distinction between electronic cash technology and electronic payment technology. It will treat electronic cash technology to be a certification mechanism that allows the participants to obtain a certificate on their public key, without revealing the certificate or the public key to the certifier. The thesis abstracts the certificate and the public key as the data structure called anonymous token. It proposes design schemes for the peer-review, e-auction and e-voting protocols by employing the schema with the anonymous token abstraction. The thesis concludes by providing a variety of problem statements for future research that would further enrich the literature.

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This project proposes a new conceptual framework for the regulation of social networks and virtual communities. By applying a model based upon the rule of law, this thesis addresses the growing tensions that revolve around the public use of private networks. This research examines the shortcomings of traditional contractual governance models and cyberlaw theory and provides a reconstituted approach that will allow public constitutional-type interests to be recognised in the interpretation and enforcement of contractual doctrine.

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Flinders University and Queensland University of Technology, biofuels research interests cover a broad range of activities. Both institutions are seeking to overcome the twin evils of "peak oil" (Hubbert 1949 & 1956) and "global warming" (IPPC 2007, Stern 2006, Alison 2010), through development of Generation 1, 2 and 3 (Gen-1, 2 & 3) biofuels (Clarke 2008, Clarke 2010). This includes development of parallel Chemical Biorefinery, value-added, co-product chemical technologies, which can underpin the commercial viability of the biofuel industry. Whilst there is a focused effort to develop Gen-2 & 3 biofuels, thus avoiding the socially unacceptable use of food based Gen-1 biofuels, it must also be recognized that as yet, no country in the world has produced sustainable Gen-2 & 3 biofuel on a commercial basis. For example, in 2008 the United States used 38 billion litres (3.5% of total fuel use) of Gen-1 biofuel; in 2009/2010 this will be 47.5 billion litres (4.5% of fuel use) and in 2018 this has been estimated to rise to 96 billion litres (9% of total US fuel use). Brazil in 2008 produced 24.5 billion litres of ethanol, representing 37.3% of the world’s ethanol use for fuel and Europe, in 2008, produced 11.7 billion litres of biofuel (primarily as biodiesel). Compare this to Australia’s miserly biofuel production in 2008/2009 of 180 million litres of ethanol and 75 million litres of biodiesel, which is 0.4% of our fuel consumption! (Clarke, Graiver and Habibie 2010) To assist in the development of better biofuels technologies in the Asian developing regions the Australian Government recently awarded the Materials & BioEnergy Group from Flinders University, in partnership with the Queensland University of Technology, an Australian Leadership Award (ALA) Biofuel Fellowship program to train scientists from Indonesia and India about all facets of advanced biofuel technology.

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Magnesium alloys are attracting increasing research interests due to their low density, high specific strength and good mechineability and availability as compared to other structural materials. However, the deformation and failure mechanisms of nanocrystalline Mg alloys have not been well understood. In this work, the deformation behavior of nanocrystalline Mg-5% Al alloys was investigated using compression test, with a focus on the effects of grain size. The average grain size of the Mg-Al alloy was changed from 13 µm to 50 nm via mechanical milling. The results showed that grain size had a significant influence on the yield stress and ductility of the Mg alloys, and the materials exhibited increased strain rate sensitivity with decrease of grain size. The deformation mechanisms were also strongly dependent with the grain sizes.

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Over the years, public health in relation to Australian Aboriginal people has involved many individuals and groups including health professionals, governments, politicians, special interest groups and corporate organisations. Since colonisation commenced until the1980s, public health relating to Aboriginal and Torres Strait Islander people was not necessarily in the best interests of Aboriginal and Torres Strait Islander people, but rather in the interests of the non-Aboriginal population. The attention that was paid focussed more generally around the subject of reproduction and issues of prostitution, exploitation, abuse and venereal diseases (Kidd, 1997). Since the late 1980s there has been a shift in the broader public health agenda (see Baum, 1998) along with public health in relation to Aboriginal and Torres Strait Islander people (NHMRC, 2003). This has been coupled with increasing calls to develop appropriate tertiary curriculum and to educate, train, and employ more Aboriginal and Torres Strait Islander and non-Aboriginal people in public health (Anderson et al., 2004; Genat, 2007; PHERP, 2008a, 2008b). Aboriginal and Torres Strait Islander people have been engaged in public health in ways in which they are in a position to influence the public health agenda (Anderson 2004; 2008; Anderson et al., 2004; NATSIHC, 2003). There have been numerous projects, programs and strategies that have sought to develop the Aboriginal and Torres Strait Islander Public Health workforce (AHMAC, 2002; Oldenburg et al., 2005; SCATSIH, 2002). In recent times the Aboriginal community controlled health sector has joined forces with other peak bodies and governments to find solutions and strategies to improve the health outcomes of Aboriginal and Torres Strait Islander peoples (NACCHO & Oxfam, 2007). This case study chapter will not address these broader activities. Instead it will explore the activities and roles of staff within the Public Health and Research Unit (PHRU) at the Victorian Aboriginal Community Controlled Health Organisation (VACCHO). It will focus on their experiences with education institutions, their work in public health and their thoughts on gaps and where improvements can be made in public health, research and education. What will be demonstrated is the diversity of education qualifications and experience. What will also be reflected is how people work within public health on a daily basis to enact change for equity in health and contribute to the improvement of future health outcomes of the Victorian Aboriginal community.

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The way in which metabolic fuels are utilised can alter the expression of behaviour in the interests of regulating energy balance and fuel availability. This is consistent with the notion that the regulation of appetite is a psychobiological process, in which physiological mediators act as drivers of behaviour. The glycogenostatic theory suggests that glycogen availability is central in eliciting negative feedback signals to restore energy homeostasis. Due to its limited storage capacity, carbohydrate availability is tightly regulated and its restoration is a high metabolic priority following depletion. It has been proposed that such depletion may act as a biological cue to stimulate compensatory energy intake in an effort to restore availability. Due to the increased energy demand, aerobic exercise may act as a biological cue to trigger compensatory eating as a result of perturbations to muscle and liver glycogen stores. However, studies manipulating glycogen availability over short-term periods (1-3 days) using exercise, diet or both have often produced equivocal findings. There is limited but growing evidence to suggest that carbohydrate balance is involved in the short-term regulation of food intake, with a negative carbohydrate balance having been shown to predict greater ad libitum feeding. Furthermore, a negative carbohydrate balance has been shown to be predictive of weight gain. However, further research is needed to support these findings as the current research in this area is limited. In addition, the specific neural or hormonal signal through which carbohydrate availability could regulate energy intake is at present unknown. Identification of this signal or pathway is imperative if a casual relationship is to be established. Without this, the possibility remains that the associations found between carbohydrate balance and food intake are incidental.