952 resultados para Enforcement contratual


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Road policing is an important tool used to modify road user behaviour. While other theories, such as deterrence theory, are significant in road policing, there may be a role for using procedural justice as a framework to improve outcomes in common police citizen interactions such as traffic law enforcement. This study, using a sample of 237 young novice drivers, considered how the four elements of procedural justice (voice, neutrality, respect and trustworthiness) were perceived in relation to two forms of speed enforcement: point-to-point (or average) speed and mobile speed cameras. Only neutrality was related to both speed camera types suggesting that it may be possible to influence behaviour by emphasising one or more elements, rather than using all components of procedural justice. This study is important as it indicates that including at least some elements of procedural justice in more automated policing encounters can encourage citizen compliance.

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Purpose Road policing is a key method used to improve driver compliance with road laws. However, we have a very limited understanding of the perceptions of young drivers regarding police enforcement of road laws. This paper addresses this gap. Design/Methodology/Approach Within this study 238 young drivers from Queensland, Australia, aged 17-24 years (M = 18, SD = 1.54), with a provisional (intermediate) driver’s licence completed an online survey regarding their perceptions of police enforcement and their driver thrill seeking tendencies. This study considered whether these factors influenced self-reported transient (e.g., travelling speed) and fixed (e.g., blood alcohol concentration) road violations by the young drivers. Findings The results indicate that being detected by police for a traffic offence, and the frequency with which they display P-plates on their vehicle to indicate their licence status, are associated with both self-reported transient and fixed rule violations. Licence type, police avoidance behaviours and driver thrill seeking affected transient rule violations only, while perceptions of police enforcement affected fixed rule violations only. Practical implications This study suggests that police enforcement of young driver violations of traffic laws may not be as effective as expected and that we need to improve the way in which police enforce road laws for young novice drivers. Originality/value: This paper identifies that perceptions of police enforcement by young drivers does not influence all types of road offences.

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This workshop is jointly organized by EFMI Working Groups Security, Safety and Ethics and Personal Portable Devices in cooperation with IMIA Working Group "Security in Health Information Systems". In contemporary healthcare and personal health management the collection and use of personal health information takes place in different contexts and jurisdictions. Global use of health data is also expanding. The approach taken by different experts, health service providers, data subjects and secondary users in understanding privacy and the privacy expectations others may have is strongly context dependent. To make eHealth, global healthcare, mHealth and personal health management successful and to enable fair secondary use of personal health data, it is necessary to find a practical and functional balance between privacy expectations of stakeholder groups. The workshop will highlight these privacy concerns by presenting different cases and approaches. Workshop participants will analyse stakeholder privacy expectations that take place in different real-life contexts such as portable health devices and personal health records, and develop a mechanism to balance them in such a way that global protection of health data and its meaningful use is realized simultaneously. Based on the results of the workshop, initial requirements for a global healthcare information certification framework will be developed.

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During the last decade, developing countries such as India have been exhibiting rapid increase in human population and vehicles, and increase in road accidents. Inappropriate driving behaviour is considered one of the major causes of road accidents in India as compared to defective geometric design of pavement or mechanical defects in vehicles. It can result in conditions such as lack of lane discipline, disregard to traffic laws, frequent traffic violations, increase in crashes due to self-centred driving, etc. It also demotivates educated drivers from following good driving practices. Hence, improved driver behaviour can be an effective countermeasure to reduce the vulnerability of road users and inhibit crash risks. This article highlights improved driver behaviour through better driver education, driver training and licensing procedures along with good on-road enforcement; as an effective countermeasure to ensure road safety in India. Based on the review and analysis, the article also recommends certain measures pertaining to driver licensing and traffic law enforcement in India aimed at improving road safety.

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One of the causes of lower artesian pressure, water waste and aquifer contamination is the misuse and insufficient care of artesian wells. In 1953, Senate Bill No. 57, entitled "An Act to Protect and Control the Artesian Waters of the State" (see Appendix) became a law. This law was passed through the efforts exerted by leading members of the Senate and the House of Representatives, who understood the need for a wise and controlled expenditure of our most valuable natural resource. The State Geologist and his authorized representatives were designated by this law to enforce this conservation measure; however, no financial provision was included for the 1953-55 biennium. The proposed program of the Florida Geological Survey for this biennium did not include the funds nor provide any full-time personnel for the enforcement of this statute. As a result, little actual work was accomplished during these two years, although much time was given to planning and discussion of the problem. Realizing that this program could provide additional basic data needed in the analysis of the water-supply problem, the State Geologist sought and was granted by the 1955 Legislature adequate funds with which to activate the first phase of the enforcement of Florida Statute No. 370.051-054. Enumerated below is a summary of the progress made on this investigation as outlined previously: 1. Data have been collected on 967 wildly flowing wells in 22 counties. 2. Chloride determinations have been run on 850 of the 967 wells. 3. Of the 967 wells, 554 have chlorides in excess of the 250 ppm, the upper limit assigned by the State Board of Health for public consumption. 4. Water escapes at the rate of 37, 762 gallons per minute from these 967 wells. This amounts to 54, 377, 280 gallons per day. The investigation is incomplete at this time; therefore, no final conclusions can be reached. However, from data already collected, the following recommendations are proposed: 1. That the present inventory of wildly flowing wells be completed for the entire State. 2. That the current inventory of wildly flowing wells be expanded at the conclusion of the present inventory to include all flowing wells. 3. That a complete statewide inventory program be established and conducted in cooperation with the Ground Water Branchof the U.S. Geological Survey. 4. That the enforcement functions as set down in Sections 370.051/.054, Florida Statutes, be separated from the program to collect water-resource data and that these functions be given to the Water Resources Department, if such is created (to be recommended by the Water Resources Study Commission in a water policy law presented to the 1957 Legislature). 5. That the research phase (well inventory) of the program remain under the direction of the Florida Geological Survey. (PDF contains 204 pages.)

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This report published as Information Circular No. 21, together with the interim report published in 1957 as Information Circular No. 10, Florida Geological Survey, illustrates as completely as possible the situation that now exists among the freely flowing wells of the State. (PDF contains 40 pages.)

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The distinguished character of Particularly Sensitive Sea Areas (PSSAs) is that every application for PSSAs must be accompanied by Associated Protected Measures (APMs) which can make PSSAs efficient in practice.1 That is why APMs are regarded as the core feature of every PSSA.2 APM is “an international rule or standard that falls within the purview of an international maritime organization (IMO) and regulates international maritime activities for the protection of the area at risk.” So far, APMs have been approved by IMO as following: -Compulsory or recommended pilotage -Mandatory ship reporting -An area to be avoided -Traffic separation schemes -Discharge prohibition or regulations -Mandatory no anchoring areas -Deep water routes -Emission control areas (PDF contains 5 pages)

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A presente tese de doutorado procura mostrar que a coligação contratual, entendida como sendo a possibilidade de interferências recíprocas entre contratos, dá-se por força da conjunção do ordenamento jurídico com os fatos, não bastando a simples integração econômica entre negócios subjacentes para caracterizar a coligação do ponto de vista jurídico. A primeira das fontes da coligação contratual é a vontade das partes, através de cláusulas contratuais. As partes, por meio de acordos privados podem fazer com que efeitos decorrentes de um contrato produzam efeitos em outro. A segunda fonte é a lei. Muitas vezes o legislador quer que dois ou mais contratos se conectem de modo a que produzam alguns efeitos entre si. Nestes casos afasta-se a vontade das partes e prevalece a determinação do legislador. Por último, a coligação contratual pode ser uma aplicação do princípio da boa-fé. A confiança despertada, nas relações onde haja uma elevada integração econômica deve ser protegida.

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No bojo da constitucionalização do Direito Contratual observou-se o surgimento e a posterior consolidação doutrinária do modelo social de contrato, fundado nos princípios da solidariedade, boa-fé objetiva, da função social e do equilíbrio contratual. Esse cenário levou ao abandono do modelo clássico de contrato, fundado quase que exclusivamente no consenso e no pacta sunt servanda. Os contratos empresariais não podem ficar imunes a essa situação e sofrem esse mesmo influxo constitucional. Isso significa que esses contratos, ressalvadas as características do contexto negocial, devem ser vistos dentro do mesmo modelo social. No âmbito judicial observa-se um descompasso entre novas demandas trazidas pelo modelo social de contrato empresarial, em especial os de longo prazo, e os instrumentos argumentativos normalmente utilizados no Direito pátrio. Para que essa problemática seja superada deve-se necessariamente incorporar o argumento consequencialista, bastante demandado pelo modelo social de contrato, na argumentação jurídica contratual, de modo a que se permita a inserção de novos tipos argumentativos, mas sem se perder a função de controle da decisão judicial exercida pela argumentação. Para tanto são abordadas diversas teorias da argumentação, optando-se por uma proposta fundada na construção de MACCORMICK, mesmo que ela não seja subscrita de forma integral. Assim, conclui-se traçando diretrizes gerais para que o modelo social de contrato seja aperfeiçoado no que diz respeito à a sua aplicação judicial nos casos envolvendo contratos empresarias de longo prazo. Essas diretrizes incluem a incorporação dos argumentos consequencialistas, incluindo-se tanto as consequências jurídicas quanto extrajurídicas, neste segundo caso sempre que possível a partir de argumentos científicos, bem como a utilização de um estilo argumentativo mais substantivo e menos magisterial.

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Engobo, E., The Impact of the Oil Industry on Water in Nigeria: How Adequate is the Law and its Enforcement? 1 Benin Journal of Public Law (2003) 88-112 RAE2008