936 resultados para Limitation of liability


Relevância:

100.00% 100.00%

Publicador:

Resumo:

"The discussions upon international law at the Naval War College have been conducted by George Grafton Wilson, LL. D., professor of international law in Harvard university, and one of the legal advisers at the Conference on limitation of armamemt." -Pref., p. iii.

Relevância:

100.00% 100.00%

Publicador:

Resumo:

Mode of access: Internet.

Relevância:

100.00% 100.00%

Publicador:

Resumo:

Subtropical estuaries have received comparatively little attention in the study of nutrient loading and subsequent nutrient processing relative to temperate estuaries. Australian estuaries are particularly susceptible to increased nutrient loading and eutrophication, as 75% of the population resides within 200 km of the coastline. We assessed the factors potentially limiting both biomass and production in one Australian estuary, Moreton Bay, through stoichiometric comparisons of nitrogen (N), phosphorus (P), silicon (Si), and carbon (C) concentrations, particulate compositions, and rates of uptake. Samples were collected over 3 seasons in 1997-1998 at stations located throughout the bay system, including one riverine endmember site. Concentrations of all dissolved nutrients, as well as particulate nutrients and chlorophyll, declined 10-fold to 100-fold from the impacted western embayments to the eastern, more oceanic-influenced regions of the bay during all seasons. For all seasons and all regions, both the dissolved nutrients and particulate biomass yielded N : P ratios < 6 and N : Si ratios < 1. Both relationships suggest strong limitation of biomass by N throughout the bay. Limitation of rates of nutrient uptake and productivity were more complex. Low C : N and C : P uptake ratios at the riverine site suggested light limitation at all seasons, low N : P ratios suggested some degree of N limitation and high N : Si uptake ratios in austral winter suggested Si limitation of uptake during that season only. No evidence of P limitation of biomass or productivity was evident.

Relevância:

100.00% 100.00%

Publicador:

Resumo:

Peut-on donner d’une clause et reprendre de l’autre? Si deux siècles de décisions et de commentaires contradictoires empêchent de répondre à cette question avec la certitude et l’assurance auxquelles nous a habitué la doctrine civiliste, il est tout de même possible d’affirmer que le droit civil prohibe la clause qui permet à un contractant de se dédire totalement de son engagement. Privant l’engagement de son cocontractant de toute raison, et le contrat dans lequel elle se trouve de toute fonction, cette clause contracticide se heurte en effet à une notion fondamentale du droit commun des contrats : la cause. C’est pour éviter que ne soient validés les contrats qui ne présentent aucun intérêt pour l’une ou l’autre des parties que le législateur québécois a choisi d’importer – et de conserver, dans son article introductif du Livre des obligations, cette notion que l’on dit la plus symbolique du droit français des obligations. En effet, bien que son rôle soit fréquemment assumé par d’autres mécanismes, la cause demeure la gardienne des fonctions du contrat synallagmatique. À ce titre, elle permet non seulement d’annuler les contrats qui ne codifient aucun échange, mais également, et surtout, de contrôler ceux dont le contenu ne permet pas de matérialiser les avantages négociés. Octroyant au juge le pouvoir d’assurer que le contrat contienne les outils nécessaires et adaptés à la réalisation de l’opération qu’il a pour fonction de mettre en œuvre, la cause lui offre donc le moyen de garantir l’adéquation entre la fin et ses moyens, bref de contrôler la cohérence matérielle du contrat.

Relevância:

100.00% 100.00%

Publicador:

Resumo:

La presente trattazione affronta le principali problematiche giuridiche derivanti dall’apertura di una procedura concorsuale, esaminando le questioni di maggiore rilievo giuridico e operativo per il settore del trasporto marittimo in base ai due sistemi che, a livello sovranazionale, regolano l’insolvenza transfrontaliera, i.e. quello ispirato alla UNCITRAL Model Law e il Regolamento UE 848/2015. Le cornici normative UNCITRAL e UE hanno rappresentato, quindi, il punto di partenza dello scrutinio delle possibili aree di conflitto tra il trasporto marittimo e le procedure di insolvenza: sono emerse numerose zone di potenziale collisione, soprattutto in relazione ai criteri di collegamento tipici della navigazione (in primis, la bandiera quale elemento distintivo della nazionalità della nave) e, dunque, all’individuazione del centro degli interessi principali del debitore/armatore, soprattutto se – come di fatto avviene frequentemente in ambito internazionale – organizzato sotto forma di shipping group. Il secondo capitolo è dedicato, in senso lato, ai privilegi marittimi e al loro rapporto con le procedure di insolvenza, con precipuo riferimento all’ipoteca navale e ai maritime liens. A tale proposito, sono analizzate le principali problematiche correlate all’attuazione dei privilegi marittimi, segnatamente in relazione all’istituto del sequestro di nave di cui alla Convenzione di Bruxelles del 1952 nel contesto dell’insolvenza transfrontaliera. Il terzo e ultimo capitolo è dedicato alla limitazione di responsabilità quale istituto tipico del settore di riferimento, dalla prospettiva delle possibili interferenze tra la costituzione dei fondi di cui alle Convenzioni LLMC e CLC ed eventuali procedimenti concorsuali. La ricerca svolta ha dimostrato che l’universalità a cui ambiscono il Regolamento 848/2015 (già 1346/2000) e il sistema UNCITRAL risulta minata dalla coesistenza di una molteplicità di differenti interpretazioni e implementazioni, tali per cui l’insolvenza transfrontaliera delle compagnie di trasporto marittimo non risulta regolata in maniera uniforme, con conseguente possibilità di diverso trattamento di fattispecie e situazioni analoghe.

Relevância:

100.00% 100.00%

Publicador:

Resumo:

A combination of chemostat cultivation and a defined medium was used to demonstrate that uracil limitation leads to a drastic alteration in the physiology of auxotrophic cells of Saccharomyces cerevisiae. Under this condition, the carbon source is dissimilated mainly to ethanol and acetate, even in fully aerobic cultures grown at 0.1 h(-1), which is far below the critical dilution rate. Differently from nitrogen-, sulphur-, or phosphate-limited cultures, uracil limitation leads to residual sugar (either glucose or sucrose) concentrations below 2 mM, which characterizes a situation of double-limitation: by the carbon source and by uracil. Furthermore, the specific rates of CO(2) production and O(2) consumption are increased when compared to the corresponding prototrophic strain. We conclude that when auxotrophic strains are to be used for quantitative physiological studies, special attention must be paid to the cultivation conditions, mainly regarding medium formulation, in order to avoid limitation of growth by the auxotrophic nutrient.

Relevância:

100.00% 100.00%

Publicador:

Resumo:

The costs of inter- and intra-regional diversification have been widely discussed in the existing international business literature, but the findings are mixed. Explanations for the mixed findings have important managerial implications, because business managers have to estimate accurately the costs of doing business within and across regions before they make their internationalization decisions. To explain the existing mixed findings, this study differentiates between liabilities of foreignness at the country and regional levels, and explores the joint effects of liability of country foreignness (LCF) and liability of regional foreignness (LRF) on the performance of internationalizing firms. Using data from 167 Canadian firms, we find that LCF may not necessarily be negatively correlated with intra-regional diversification, but LRF is positively correlated with inter-regional diversification. LCF moderates the relationship between LRF and inter-regional diversification, and also mediates the relationship between intra-regional diversification and firm performance. LRF mediates the relationship between inter-regional diversification and firm performance. Missing one or more of these variables may result in different cost estimates. Identification of the relationships between these variables helps to improve the accuracy of estimating the costs of doing business aboard.

Relevância:

100.00% 100.00%

Publicador:

Resumo:

Introduction 1.1 Occurrence of polycyclic aromatic hydrocarbons (PAH) in the environment Worldwide industrial and agricultural developments have released a large number of natural and synthetic hazardous compounds into the environment due to careless waste disposal, illegal waste dumping and accidental spills. As a result, there are numerous sites in the world that require cleanup of soils and groundwater. Polycyclic aromatic hydrocarbons (PAHs) are one of the major groups of these contaminants (Da Silva et al., 2003). PAHs constitute a diverse class of organic compounds consisting of two or more aromatic rings with various structural configurations (Prabhu and Phale, 2003). Being a derivative of benzene, PAHs are thermodynamically stable. In addition, these chemicals tend to adhere to particle surfaces, such as soils, because of their low water solubility and strong hydrophobicity, and this results in greater persistence under natural conditions. This persistence coupled with their potential carcinogenicity makes PAHs problematic environmental contaminants (Cerniglia, 1992; Sutherland, 1992). PAHs are widely found in high concentrations at many industrial sites, particularly those associated with petroleum, gas production and wood preserving industries (Wilson and Jones, 1993). 1.2 Remediation technologies Conventional techniques used for the remediation of soil polluted with organic contaminants include excavation of the contaminated soil and disposal to a landfill or capping - containment - of the contaminated areas of a site. These methods have some drawbacks. The first method simply moves the contamination elsewhere and may create significant risks in the excavation, handling and transport of hazardous material. Additionally, it is very difficult and increasingly expensive to find new landfill sites for the final disposal of the material. The cap and containment method is only an interim solution since the contamination remains on site, requiring monitoring and maintenance of the isolation barriers long into the future, with all the associated costs and potential liability. A better approach than these traditional methods is to completely destroy the pollutants, if possible, or transform them into harmless substances. Some technologies that have been used are high-temperature incineration and various types of chemical decomposition (for example, base-catalyzed dechlorination, UV oxidation). However, these methods have significant disadvantages, principally their technological complexity, high cost , and the lack of public acceptance. Bioremediation, on the contrast, is a promising option for the complete removal and destruction of contaminants. 1.3 Bioremediation of PAH contaminated soil & groundwater Bioremediation is the use of living organisms, primarily microorganisms, to degrade or detoxify hazardous wastes into harmless substances such as carbon dioxide, water and cell biomass Most PAHs are biodegradable unter natural conditions (Da Silva et al., 2003; Meysami and Baheri, 2003) and bioremediation for cleanup of PAH wastes has been extensively studied at both laboratory and commercial levels- It has been implemented at a number of contaminated sites, including the cleanup of the Exxon Valdez oil spill in Prince William Sound, Alaska in 1989, the Mega Borg spill off the Texas coast in 1990 and the Burgan Oil Field, Kuwait in 1994 (Purwaningsih, 2002). Different strategies for PAH bioremediation, such as in situ , ex situ or on site bioremediation were developed in recent years. In situ bioremediation is a technique that is applied to soil and groundwater at the site without removing the contaminated soil or groundwater, based on the provision of optimum conditions for microbiological contaminant breakdown.. Ex situ bioremediation of PAHs, on the other hand, is a technique applied to soil and groundwater which has been removed from the site via excavation (soil) or pumping (water). Hazardous contaminants are converted in controlled bioreactors into harmless compounds in an efficient manner. 1.4 Bioavailability of PAH in the subsurface Frequently, PAH contamination in the environment is occurs as contaminants that are sorbed onto soilparticles rather than in phase (NAPL, non aqueous phase liquids). It is known that the biodegradation rate of most PAHs sorbed onto soil is far lower than rates measured in solution cultures of microorganisms with pure solid pollutants (Alexander and Scow, 1989; Hamaker, 1972). It is generally believed that only that fraction of PAHs dissolved in the solution can be metabolized by microorganisms in soil. The amount of contaminant that can be readily taken up and degraded by microorganisms is defined as bioavailability (Bosma et al., 1997; Maier, 2000). Two phenomena have been suggested to cause the low bioavailability of PAHs in soil (Danielsson, 2000). The first one is strong adsorption of the contaminants to the soil constituents which then leads to very slow release rates of contaminants to the aqueous phase. Sorption is often well correlated with soil organic matter content (Means, 1980) and significantly reduces biodegradation (Manilal and Alexander, 1991). The second phenomenon is slow mass transfer of pollutants, such as pore diffusion in the soil aggregates or diffusion in the organic matter in the soil. The complex set of these physical, chemical and biological processes is schematically illustrated in Figure 1. As shown in Figure 1, biodegradation processes are taking place in the soil solution while diffusion processes occur in the narrow pores in and between soil aggregates (Danielsson, 2000). Seemingly contradictory studies can be found in the literature that indicate the rate and final extent of metabolism may be either lower or higher for sorbed PAHs by soil than those for pure PAHs (Van Loosdrecht et al., 1990). These contrasting results demonstrate that the bioavailability of organic contaminants sorbed onto soil is far from being well understood. Besides bioavailability, there are several other factors influencing the rate and extent of biodegradation of PAHs in soil including microbial population characteristics, physical and chemical properties of PAHs and environmental factors (temperature, moisture, pH, degree of contamination). Figure 1: Schematic diagram showing possible rate-limiting processes during bioremediation of hydrophobic organic contaminants in a contaminated soil-water system (not to scale) (Danielsson, 2000). 1.5 Increasing the bioavailability of PAH in soil Attempts to improve the biodegradation of PAHs in soil by increasing their bioavailability include the use of surfactants , solvents or solubility enhancers.. However, introduction of synthetic surfactant may result in the addition of one more pollutant. (Wang and Brusseau, 1993).A study conducted by Mulder et al. showed that the introduction of hydropropyl-ß-cyclodextrin (HPCD), a well-known PAH solubility enhancer, significantly increased the solubilization of PAHs although it did not improve the biodegradation rate of PAHs (Mulder et al., 1998), indicating that further research is required in order to develop a feasible and efficient remediation method. Enhancing the extent of PAHs mass transfer from the soil phase to the liquid might prove an efficient and environmentally low-risk alternative way of addressing the problem of slow PAH biodegradation in soil.

Relevância:

100.00% 100.00%

Publicador:

Resumo:

In this article we present a study of the effects of external and internal mass transfer limitation of oxygen in a nitrifying system. The oxygen uptake rates (OUR) were measured on both a macro-scale with a respirometric reactor using off-gas analysis (Titrimetric and Off-Gas Analysis (TOGA) sensor) and on a micro-scale with microsensors. These two methods provide independent, accurate measurements of the reaction rates and concentration profiles around and in the granules. The TOGA sensor and micro-sensor measurements showed a significant external mass transfer effect at low dissolved oxygen (DO) concentrations in the bulk liquid while it was insignificant at higher DO concentrations. The oxygen distribution with anaerobic or anoxic conditions in the center clearly shows major mass transfer limitation in the aggregate interior. The large drop in DO concentration of 22 - 80% between the bulk liquid and aggregate surface demonstrates that the external mass transfer resistance is also highly important. The maximum OUR even for floccular biomass was only attained at much higher DO concentrations ( approximate to 8 mg/L) than typically used in such systems. For granules, the DO required for maximal activity was estimated to be > 20mg/L, clearly indicating the effects of the major external and internal mass transfer limitations on the overall biomass activity. Smaller aggregates had a larger volumetric OUR indicating that the granules may have a lower activity in the interior part of the aggregate. (C) 2004 Wiley Periodicals, Inc.

Relevância:

100.00% 100.00%

Publicador:

Resumo:

The chemical factors (inorganic nitrogen, phosphate, silicic acid) that potentially or actually control primary production were determined for the Bay of Brest, France, a macrotidal ecosystem submitted to high-nitrate-loaded freshwater inputs (winter nitrate freshwater concentrations >700 mu M, Si:N molar ratio as low as 0.2, i.e. among the lowest ever published). Intensive data collection and observations were carried out from February 1993 to March 1994 to determine the variations of physical [salinity, temperature, photosynthetically active radiation (PAR), freshwater discharges] and chemical (oxygen and nutrients) parameters and their impacts on the phytoplankton cycle (fluorescence, pigments, primary production). With insufficient PAR the winter stocks of nutrients were almost nonutilized and the nitrate excess was exported to the adjacent ocean, due to rapid tidal exchange. By early April, a diatom-dominated spring bloom developed (chlorophyll a maximum = 7.7 mu g l(-1); primary production maximum = 2.34 g C m(-2) d(-1)) under high initial nutrient concentrations. Silicic acid was rapidly exhausted over the whole water column; it is inferred to be the primary limiting factor responsible for the collapse of the spring bloom by mid-May. Successive phytoplankton developments characterized the period of secondary blooms during summer and fall (successive surface chlorophyll a maxima = 3.5, 1.6, 1.8 and 1.0 mu g l(-1); primary production = 1.24, 1.18 and 0.35 g C m(-2) d(-1)). Those secondary blooms developed under lower nutrient concentrations, mostly originating from nutrient recycling. Until August, Si and P most likely limited primary production, whereas the last stage of the productive period in September seemed to be N limited instead, this being a period of total nitrate depletion in almost the whole water column. Si limitation of spring blooms has become a common feature in coastal ecosystems that receive freshwater inputs with Si:N molar ratios <1. The peculiarity of Si Limitation in the Bay of Brest is its extension through the summer period.

Relevância:

90.00% 90.00%

Publicador:

Resumo:

The aims of the present study were to compare the effects of two periodization models on metabolic syndrome risk factors in obese adolescents and verify whether the angiotensin-converting enzyme (ACE) genotype is important in establishing these effects. A total of 32 postpuberty obese adolescents were submitted to aerobic training (AT) and resistance training (RT) for 14 weeks. The subjects were divided into linear periodization (LP, n = 16) or daily undulating periodization (DUP, n = 16). Body composition, visceral and subcutaneous fat, glycemia, insulinemia, homeostasis model assessment of insulin resistance (HOMA-IR), lipid profiles, blood pressure, maximal oxygen consumption (VO(2max)), resting metabolic rate (RMR), muscular endurance were analyzed at baseline and after intervention. Both groups demonstrated a significant reduction in body mass, BMI, body fat, visceral and subcutaneous fat, total and low-density lipoprotein cholesterol, blood pressure and an increase in fat-free mass, VO(2max), and muscular endurance. However, only DUP promoted a reduction in insulin concentrations and HOMA-IR. It is important to emphasize that there was no statics difference between LP and DUP groups; however, it appears that there may be bigger changes in the DUP than LP group in some of the metabolic syndrome risk factors in obese adolescents with regard to the effect size (ES). Both periodization models presented a large effect on muscular endurance. Despite the limitation of sample size, our results suggested that the ACE genotype may influence the functional and metabolic characteristics of obese adolescents and may be considered in the future strategies for massive obesity control.