801 resultados para Disjunctive obligation
Resumo:
A presente dissertação centra-se no tema “reabilitação de edifícios habitacionais com valor patrimonial – o caso do centro histórico de Guimarães“ Com o passar dos anos tem-se feito, cada vez mais, um esforço para tentar combater as áreas degradadas das cidades e colmatar lacunas referentes às ações tomadas nesse sentido. É necessária a intervenção dos Arquitetos que, através dos seus conhecimentos e poderes, têm a obrigação de manter a história da Arquitetura intacta no tempo. Esta dissertação centra-se em analisar algumas questões inerentes ligadas á reabilitação de edifícios habitacionais, declarando possíveis respostas. As questões vão desde perceber como é que um espaço reabilitado pode ser tão adequado como um espaço pensado de raiz até à questão da utilização de materiais, passando pelo tipo de relacionamento entre o arquiteto e o proprietário, e como os dois protagonistas podem fazer valer as suas ideias em simultâneo. Este trabalho pretende, então, transmitir a importância da reabilitação e preservação dos centros históricos, mostrando que com a reabilitação é possível a sua conservação. Para uma melhor compreensão do tema selecionado, Guimarães apresenta-se como uma cidade que vai ao encontro de todos os pontos referidos até este momento, sendo o seu centro histórico um exemplo de requalificação e conseguindo, com uma metodologia bem determinada, manter todas as origens da cidade, no qual são utilizadas técnicas e materiais tradicionais de construção. A dissertação termina com a análise de cada projeto escolhido para estudo.
Resumo:
Aunque ha existido un notable crecimiento del comercio en la Comunidad Andina, la integración se encuentra en una fase imperfecta de unión aduanera. No existe una verdadera solidaridad subregional, ya que cada Estado mantiene su posición en cuanto a la política exterior. Esta visión estatalista se contrapone a la integracionista. La falta de voluntad política es también la causa de una ausencia de efectividad de la Comunidad, cuya consecuencia es la responsabilidad de los países sobre la base de la protección de los derechos de los particulares que se encuentren vulnerados, por cuanto ellos son los principales destinatarios del proyecto integracionista. Por ello, cabe derivar un derecho de reparación por los daños que provoque el incumplimiento de las disposiciones comunitarias.
Resumo:
Hasta mediados del pasado siglo, el estudio de la aplicación de la norma tributaria al caso concreto ha solido realizarse a partir del esquema de la relación jurídica tributaria. Pero con independencia del movimiento de revisión del concepto de relación jurídica obligacional que se ha producido en el ámbito del Derecho público, dentro del Derecho tributario no es posible agotar el estudio de la prestación tributaria a través de un análisis circunscrito al examen de la obligación tributaria y del derecho de crédito correspondiente. Si se desea llevar a término un examen profundo y articulado del fenómeno tributario, es necesario considerar las posiciones subjetivas activas y pasivas que derivan de la ley, pero en cuanto a las primeras, no en términos de derecho de crédito, sino como potestad de imposición, y respecto a las segundas, no limitándose a la obligación tributaria, sino extendiendo el análisis al conjunto de actos debidos previstos por la norma.
Resumo:
In this CEPS Commentary, Steven Blockmans notes that a prolonged period of instability lies ahead for Syria, with an on-going risk of spill-over effects affecting the entire region. The author argues that the EU’s plans for a post-Assad Syria should extend beyond the half-hearted responses to the monumental changes that have ripped through other parts of the Arab world. In recognition of the geostrategic shifts in the Middle East and the Gulf, and pursuant to the obligation imposed upon it by the Lisbon Treaty, the EU should plan for the creation of a regional space of shared security. Such a plan would fit well into the current efforts to revamp the European Security Strategy.
Resumo:
The Representative Soil Sampling Scheme (RSSS) has monitored the soil of agricultural land in England and Wales since 1969. Here we describe the first spatial analysis of the data from these surveys using geostatistics. Four years of data (1971, 1981, 1991 and 2001) were chosen to examine the nutrient (available K, Mg and P) and pH status of the soil. At each farm, four fields were sampled; however, for the earlier years, coordinates were available for the farm only and not for each field. The averaged data for each farm were used for spatial analysis and the variograms showed spatial structure even with the smaller sample size. These variograms provide a reasonable summary of the larger scale of variation identified from the data of the more intensively sampled National Soil Inventory. Maps of kriged predictions of K generally show larger values in the central and southeastern areas (above 200 mg L-1) and an increase in values in the west over time, whereas Mg is fairly stable over time. The kriged predictions of P show a decline over time, particularly in the east, and those of pH show an increase in the east over time. Disjunctive kriging was used to examine temporal changes in available P using probabilities less than given thresholds of this element. The RSSS was not designed for spatial analysis, but the results show that the data from these surveys are suitable for this purpose. The results of the spatial analysis, together with those of the statistical analyses, provide a comprehensive view of the RSSS database as a basis for monitoring the soil. These data should be taken into account when future national soil monitoring schemes are designed.
Resumo:
In Resolution 1556, the Security Council, with the conflict in Darfur clearly in mind, determined that the ‘situation in Sudan constitutes a threat to international peace and security and to stability in the region’. This article focuses on the response by the United Nations, in particular the Security Council, and the African Union to the Darfur conflict. It begins by exploring the role of peacekeeping operations and regional arrangements or agencies in the overarching architecture of international peace and security. Having laid this frame of reference, it then looks at the modalities of peacekeeping in Darfur. These operations began with the African Union acting in isolation but have transitioned to an increasingly important role being played by the United Nations and a hybrid peacekeeping presence. Finally, this article asks whether, assuming that a legally dispositive conclusion can be drawn that genocide has taken place in Darfur since the outbreak of hostilities there in 2003, there exists a legal justification, or even obligation, for non-compliance by states with the sanctions regime established by Security Council Resolutions 1556 and 1591. This regime of sanctions has played an important part in the Security Council's approach to Darfur but has been, unfortunately, left largely unexamined from the standpoint of international legality.
Resumo:
The paper outlines EU policy on bioenergy, including biofuels, in the context of its policy initiatives to promote renewable energy to combat greenhouse gas emissions and climate change. The EU's Member States are responsible for implementing EU policy: thus, the UK's Renewables Obligation on electricity suppliers and its Renewable Transport Fuel Obligation and road-fuel tax rebates are examined. It is unlikely that EU policy is in conflict with the WTO Agreement on Agriculture or that on Subsidies and Countervailing Measures, but its provisions on environmental sustainability criteria could be problematic.
Resumo:
It is easy to read Hobbes's moral thinking as a deviant contribution to 'modern' natural law, especially if Leviathan (1651) is read through a lens provided by De Cive (1642). But The Elements of Law (1640) encourages the view that Hobbes's argument is 'physicalist', that is, that it requires no premises beyond those required by his physics of matter in motion. The Elements included a draft De Homine and its argument is intimately connected with De Cive's; it shows how such concepts as 'reason', 'right', 'natural law' and 'obligation' can be understood in physicalist terms. But Hobbes's decision to print the latter work in isolation has led to serious misunderstandings
Resumo:
In negotiating commercial leases, many landlords and tenants employ property agents (brokers) to act on their behalf; typically these people are chartered surveyors. The aim of this paper is to explore the role that these brokers play in the shaping of commercial leases in the context of the current debate in the UK on upward only rent reviews. This role can be described using agency theory and the theories of professionalism. These provide expectations of behaviour which show inherent tensions between the role of agent and professional, particularly regarding the use of knowledge, autonomy and the obligation to the public interest. The parties to eleven recent lease transactions were interviewed to see if the brokers conformed to the expectations of agency theory or professionalism. Brokers that acted for industrial and office tenants behaved as professionals in using their expertise to determine lease structures. However, those acting for landlords and retail tenants simply followed instructions and behaved as conduits for their clients, a role more usually associated with that of an agent within the principal-agent relationship. None of the landlords’ brokers saw themselves as having responsibilities beyond their clients and so they were not promoting the discussion of alternatives to the UORR. The evidence from these case studies suggests that agents are not professionals; to behave entirely as an agent is to contradict the essential characteristics of a professional. While brokers cannot be held entirely responsible for the lack of movement on the UORR, by adopting predominantly agent roles then they must take some of the blame. However, behind this may be a much larger issue that needs to be explored; the institutional pressures that lead to professionals behaving in this way.
Resumo:
Unless the benefits to society of measures to protect and improve the welfare of animals are made transparent by means of their valuation they are likely to go unrecognised and cannot easily be weighed against the costs of such measures as required, for example, by policy-makers. A simple single measure scoring system, based on the Welfare Quality® index, is used, together with a choice experiment economic valuation method, to estimate the value that people place on improvements to the welfare of different farm animal species measured on a continuous (0-100) scale. Results from using the method on a survey sample of some 300 people show that it is able to elicit apparently credible values. The survey found that 96% of respondents thought that we have a moral obligation to safeguard the welfare of animals and that over 72% were concerned about the way farm animals are treated. Estimated mean annual willingness to pay for meat from animals with improved welfare of just one point on the scale was £5.24 for beef cattle, £4.57 for pigs and £5.10 for meat chickens. Further development of the method is required to capture the total economic value of animal welfare benefits. Despite this, the method is considered a practical means for obtaining economic values that can be used in the cost-benefit appraisal of policy measures intended to improve the welfare of animals.
Resumo:
Pettit's and Skinner's stimulating books are open to historically-minded objections. Pettit's reading of Hobbes is Rousseauian, but he rejects the Hobbesian/Rousseauian belief that some modern people are driven by amour-propre/“glory”. If Hobbes is right, there is, in Pettit's sense, no “common good”. Skinner's treatment of the neo-Roman “theorists” over-estimates their self-consciousness and their consistency. Leviathan chapter 21 is not a response to neo-Romanism; it treats civil liberty as non-obligation, not as non-interference.
Resumo:
This paper investigates the impact of price consciousness, perceived risk, and ethical obligation on attitude and intention towards counterfeit products. Data were collected from a sample of 200 respondents via an online questionnaire. A conceptual model was derived and tested via structural equation modelling in the contexts of symbolic and experiential counterfeit products. Findings show differences in the factors (and weight thereof) impacting attitude and purchase intention in the two product contexts. Specifically, ethical obligation and perceived risk are found to be significant predictors of attitude towards both symbolic and counterfeit products, while price consciousness is found to predict only attitude towards experiential products, but not purchase intention in either counterfeit product context.
Resumo:
The aim of this paper is to critically examine the application of development appraisal to viability assessment in the planning system. This evaluation is of development appraisal models in general and also their use in particular applications associated with estimating planning obligation capacity. The paper is organised into four themes: · The context and conceptual basis for development viability appraisal · A review of development viability appraisal methods · A discussion of selected key inputs into a development viability appraisal · A discussion of the applications of development viability appraisals in the planning system It is assumed that readers are familiar with the basic models and information needs of development viability appraisal rather than at the cutting edge of practice and/or academe
Resumo:
This data is derived from Eugene Nalimov's Depth-to-Mate Endgame Tables for Western Chess. While having the move is normally advantageous, there are positions where the side-to-move would have a better theoretical result if it were the other side to move. These are (Type A) 'zugzwang' positions where the 'obligation to act' is unwelcome. This data provides lists of all zugzwangs in sub-7-man chess, and summary data about those sets of zugzwangs including exemplar zugzwangs of maximum depth.
Resumo:
The impact of the Reformation was felt strongly in the nature and character of the priesthood, and in the function and reputation of the priest. A shift in the understanding of the priesthood was one of the most tangible manifestations of doctrinal change, evident in the physical arrangement of the church, in the language of the liturgy, and in the relaxation of the discipline of celibacy, which had for centuries bound priests in the Latin tradition to a life of perpetual continence. Clerical celibacy, and accusations of clerical incontinence, featured prominently in evangelical criticisms of the Catholic church and priesthood, which made a good deal of polemical capital out of the perceived relationship of the priest and the efficacy of his sacred function. Citing St Paul, Protestant polemicists presented clerical marriage as the only, and appropriate remedy, for priestly immorality. But did the advent of a married priesthood create more problems than it solved? The polemical certainties that informed evangelical writing on sacerdotal celibacy did not guarantee the immediate acceptance of a married priesthood, and the vocabulary that had been used to denounce clergy who failed in their obligation to celibacy was all too readily turned against the married clergy. The anti-clerical lexicon, and its usage, remained remarkably static despite the substantial doctrinal and practical challenges posed to the traditional model of priesthood by the Protestant Reformation.