Välimiehen vahingonkorvausvastuu

Tutkielman tavoitteena on selvittää välimiehen vahingonkorvausoikeudellista asemaa suhteessa välimiesmenettelyn asianosaisiin ja välimiehen korvausvastuuta eri tilanteissa välimiesmenettelystä annetun lain mukaisessa sopimusperusteisessa välimiesmenettelyssä. Tutkielma on menetelmältään lainopillinen ja tutkielman aineisto koostuu pääosin oikeuskirjallisuudesta. Välimiehen ja asianosaisten välinen oikeussuhde voidaan katsoa rinnastuvan sopimussuhteeseen, mikä mahdollistaa sopimusperusteisen vahingonkorvausvastuun normien soveltamisen. Välimiehen korvausvastuu vaikuttaa mahdolliselta – vaikkakin käytännössä harvinaiselta – menettelyn viivästymisen, välimiehen aiheettoman tehtävästä luopumisen sekä välitystuomion mitättömyyden ja kumoamisen perusteella. Vastuu vaikuttaa syntyvän helpommin sellaisissa välimiehen velvoitteen rikkomistilanteissa, joissa välimiehen menettely ei edellytä oikeudellista harkintaa. Korvausvastuun arviointiin vaikuttavat useiden perusteiden osalta tilannekohtaiset tekijät ja välimiehen velvoitteen tulkinnanvaraisuus voi sulkea pois korvausvastuun. Välimiehen vastuun syntyminen salassapitovelvollisuuden rikkomisen perusteella on monilta osin epäselvä johtuen välimiehen salassapitovelvollisuuden heikosta normipohjasta. Vastuu välitystuomion aineellisoikeudellisen virheellisyyden perusteella vaikuttaa hyvin epätodennäköiseltä.

Harmonization of Environmental Costs and Investments Reporting

The objective of this Master’s Thesis is to examine the current state of environmental costs and investments reporting at Stora Enso in the Business Area of Printing and Reading. Differences and the factors causing the differences in environmental costs and investments reporting are examined in order to further harmonize the reporting between the mills. Research method is a case study, which comprises 11 paper mills. Environmental costs are studied from year 2012 and environmental investments from year 2011 or from 2012 depending on the mill. The results show that there are two types of differences such as actual and harmonisable affecting to environmental costs reporting. Actual differences result from factors such as location and technical features of the mill. Harmonisable differences represent differences, which distort the actual differences. Factors that cause harmonisable differences are identification and traceability of environmental costs as well as interpretation of the instructions. Estimation of the environmental share of indirect environmental investments causes differences between the mills in environmental investments reporting, as it has to be done case-by-case judgments. A further research could consider a detailed examination of the data registering process in order to further improve traceability of environmental costs. Furthermore, identification and reporting of potential savings could be studied from environmental point of view as resource efficiency is an increasing interest.

The Environmental Status of the Port of HaminaKotka

This study is a part of the Ecologically Friendly Port Ust-Luga (EFP) project. The purpose of this study is to examine the environmental status of the Finnish ports and, more specifically, the Port of HaminaKotka. An analysis of the environmental status is performed mainly as a literature review, because the Finnish ports must comply with Finnish and EU legislation and with the binding international regulations and conventions created by different organizations. The International Maritime Organisation (IMO) has done groundbreaking work in the field of maritime safety and maritime environmental protection. The MARPOL convention has a great impact on decreasing pollution from international shipping and it applies to 99% of the world’s merchant tonnage. Pollution prevention covers: Oil pollution, Chemical pollution, Air pollution and GHG Emissions, Dumping of Wasted and Other Matters, Garbage, Sewage, Port Reception Facilities, Special Areas under MARPOL and Particularly Sensitive Sea Areas. There is also Pollution Prevention for other treaties like anti-fouling systems used on ships, the transfer of alien species by ships’ ballast water and the environmentally sound recycling of ships. There are more than twenty different EU and international regulations that influence ports and port operations in Finland. In addition, there is also national legislation that has an effect on Finnish ports. For the most part, the legislation for ports is common in the EU area, but the biggest and most important difference between the legislation in Finland and other EU countries is due to the Act on Environmental Impact Assessment Procedure. The Act states that the environmental impact assessment procedure shall be applied to projects that may have significant adverse environmental impacts, due to the special features of Finland`s nature and environment. In this Act, the term environmental impact refers to the direct and indirect effects inside and outside Finnish territory of a project or operations on human health, living conditions and amenity; soil, water, air, climate, organisms, interaction between them and biodiversity; community structure, buildings, landscape, townscape and cultural heritage; utilization of natural resources. In Finland, the Environmental Permit requires that ports collect all necessary information concerning environmental effects and make required reports to the Finnish authorities, stakeholders and the public. Commonly, environmental reporting is public and environmental achievements are emphasized in reporting and in media. At the moment, the problem in environmental reporting is that it’s difficult to compare data from different ports. There is enough data concerning the environmental effects and performance, but the manner of reporting and the quality of the data varies between ports. There are differences in the units and codes used, in some cases the information is not sufficient and it can even be rather unreliable. There are also differences regarding the subjects that are emphasized in reporting.

Open Environmental Information Upon Disclosure Request in China: The Paradox of Legal Mobilization

Taking a realist view that law is one form of politics, this dissertation studies the roles of citizens and organizations in mobilizing the law to request government agencies to disclose environmental information in China, and during this process, how the socio-legal field interacts with the political-legal sphere, and what changes have been brought about during their interactions. This work takes a socio-legal approach and applies methodologies of social science and legal analysis. It aims to understand the paradox of why and how citizens and entities have been invoking the law to access environmental information despite the fact that various obstacles exist and the effectiveness of the new mechanism of environmental information disclosure still remains low. The study is largely based on the 28 cases and eight surveys of environmental information disclosure requests collected by the author. The cases and surveys analysed in this dissertation all occurred between May 2008, when the OGI Regulations and the OEI Measures came into effect, and August 2012 when the case collection was completed. The findings of this study have shown that by invoking the rules of law made by the authorities to demand government agencies disclosing environmental information, the public, including citizens, organizations, law firms, and the media, have strategically created a repercussive pressure upon the authorities to act according to the law. While it is a top-down process that has established the mechanism of open government information in China, it is indeed the bottom-up activism of the public that makes it work. Citizens and organizations’ use of legal tactics to push government agencies to disclose environmental information have formed not only an end of accessing the information but more a means of making government agencies accountable to their legal obligations. Law has thus played a pivotal role in enabling citizen participation in the political process. Against the current situation in China that political campaigns, or politicization, from general election to collective actions, especially contentious actions, are still restrained or even repressed by the government, legal mobilization, or judicialization, that citizens and organizations use legal tactics to demand their rights and push government agencies to enforce the law, become de facto an alternative of political participation. During this process, legal actions have helped to strengthen the civil society, make government agencies act according to law, push back the political boundaries, and induce changes in the relationship between the state and the public. In the field of environmental information disclosure, citizens and organizations have formed a bottom-up social activism, though limited in scope, using the language of law, creating progressive social, legal and political changes. This study emphasizes that it is partial and incomplete to understand China’s transition only from the top-down policy-making and government administration; it is also important to observe it from the bottom-up perspective that in a realistic view law can be part of politics and legal mobilization, even when utterly apolitical, can help to achieve political aims as well. This study of legal mobilization in the field of environmental information disclosure also helps us to better understand the function of law: law is not only a tool for the authorities to regulate and control, but inevitably also a weapon for the public to demand government agencies to work towards their obligations stipulated by the laws issued by themselves.

Influence of environmental factors on seed germination and seedling emergence of yellow sweet clover (Melilotus officinalis)

Laboratory and greenhouse experiments were conducted to determine the effects of drought and salinity stress, temperature, pH and planting depth on yellow sweet clover (Melilotus officinalis) germination and emergence. Base, optimum and ceiling germination temperatures were estimated as 0, 18.47 and 34.60 ºC, respectively. Seed germination was sensitive to drought stress and completely inhibited at a potential of -1 MPa, but it was tolerant to salinity. Salinity stress up to 90 mM had no effect over the M. officinalis seed germination, but the germination decreased by increasing the salt concentration. The drought and salinity required for 50% inhibition of maximum germination were 207 mM and -0.49 MPa, respectively. High percentage of seed germination (>92%) was observed at pH = 5-6 and decreased to 80% at acidic medium (pH 4) and to 42% at alkaline medium (pH 9) pH. Maximum seedling emergence occurred when the seeds were placed at 2 cm depth and decreased when increasing the depth of planting; no seed emerged from depths of 10 cm.

Germination and emergence of trumpet flower (tecoma stans) under different environmental conditions

The aim of this work was to analyze the effect of temperature and light intensity on trumpet flower seed germination, as well as the effect of seeding depth on its emergence. To study the influence of temperature, nine temperature intervals were evaluated, ranging from 15.0 to 40.0 ºC. A randomized block design experiment was used with five replications and 20 seeds per replication, and performed twice. To evaluate light intensity on seed germination, a randomized experimental design was used with eight replications and 25 seeds per replication. The treatments applied were: photoperiod with temperature alternation; photoperiod with constant temperature; darkness with temperature alternation; and darkness with constant temperature. The photoperiod consisted of 8 hours of light and 16 hours of darkness, and the constant temperature was 25 ºC. The treatments with temperature alternations were established with 8 hours at 30 ºC, and 16 hours at 20 ºC. Germination was assessed daily to calculate the total percentage of germination as well as the Germination Velocity Index (GVI). To study the influence of seeding depth on plant emergence, 25 seeds were seeded at 0, 20, 40, and 80 mm in pots with sieved soil. The experiment was arranged in a randomized block design with four replications. Seedling emergence was monitored daily until the 15th day after seeding. After that period, the total percentage of emergence was calculated for each experimental unit, as well as the Emergence Velocity Index (EVI). Formation of normal seedlings and the Germination Velocity Index were different among temperatures and higher germination percentages were observed between 20.3 ºC and 37.5 ºC. Tecoma stans seedlings did not germinate when planted at 40 and 80 mm depth. However, the seedlings placed on the soil surface had an emergence percentage of 72. At 20 mm depth, the emergence rate was 31%.

Environmental and physiological factors that affect the efficacy of herbicides that inhibit the enzyme protoporphyrinogen oxidase: a literature review

Herbicides that inhibit the enzyme protoporphyrinogen oxidase (PROTOX) are usually effective to control dicotyledonous weeds and their agronomic efficacy is affected by environmental and physiological factors. The objective of this review is to summarize the knowledge of those factors available in the scientific literature in the last decade. Environmental factors that influence PROTOX inhibitors include temperature, irradiance and relative humidity. The most relevant physiological factors are the activity of enzymes that can detoxify herbicides and also of enzymes that mitigate the effects of oxidative stress in plants. The study also suggests some possible management strategies that could optimize the activity of PROTOX-inhibiting herbicides.

Environmental fate of S-Metolachlor: a review

S-metolachlor is a preemergent herbicide used for the control of annual grasses and small-seeded broadleaf weeds in more than 70 agricultural crops worldwide. Recently, Smetolachlor has been used to control imidazolinone-resistant red rice in rice-soybean rotation in lowland environments of the Southern Brazil. However, limited information concerning the environmental fate of S-metolachlor in lowland soil is available in the literature. Thus, this review was designed to describe the major transport and dissipation processes of Smetolachlor in attempting to improve weed management programs used in rice-soybean rotation and mitigate environmental contamination of lowland areas.

Envia – a repository for environmental information access and discovery

Poster at Open Repositories 2014, Helsinki, Finland, June 9-13, 2014

Phytosociology of the remaining xerophytic woodland associated to an environmental gradient at the banks of the São Francisco river - Petrolina, Pernambuco, Brazil

Floristic and phytosociological surveys were carried out for 12 months in the Embrapa-SPSB, Petrolina, Pernambuco, Brazil. A transect was laid on starting at the river bank extending for 790 m away from the river and divided into 140 10 × 10 m contiguous plots. In each plot, all standing plants, alive or dead, with stem diameter at soil level > 3 cm and total height > 1 m were sampled. Along this transect, an elevation range of 9.40 m was registered and five topographical environments were identified: riverside (MR), dike (D), floodable depression (DI), boundary terrace (TL) - all of them belonging to the fluvial terrace with Fluvic Neosol and Haplic Cambisol both silty textured eutrophic soils - and the inlander tableland (TS), with medium sandy-textured Red-Yellow Argisols. Fourty-eight species/morphospecies, distributed into 39 genera and 21 families, were identified. Four phytogeoenvironments (MR, D + TL, DI + TL, and TS) were registered based on environmental variations and floristic similarities among plots using cluster analyses. The MR environment showed the largest total density, total basal area, maximum and medium heights and maximum diameter. Moreover, it had 8.1% of plants with heights above 8 m against 0.6% for D + TL, 0.2% for DI + TL, and 0% for TS. The species with the largest importance value were Inga vera subsp. affinis (DC.) T.D. Pennington in MR, Mimosa bimucronata Kunth in D + TL and DI + TL and M. tenuiflora (Willd.) Poir. in TS.

The effect of environmentally differentiated port fees to shipping companies’ environmental investments

The pressure has grown to develop cost-effective emission reduction strategies in the Baltic Sea. The forthcoming stringent regulations of the International Maritime Organization for reducing harmful emissions of shipping in the Baltic Sea are causing increasing expenses for the operators. A market-based attitude towards pricing of economic incentives could be seen as a new approach for a successful application for the additional emission reduction of nitrogen oxides (NOx). In this study the aim is to understand the phenomenon of environmentally differentiated port fees and its effects on shipping companies’ emission reduction investments. The goal is to examine empirically the real-life effects of the possible environmental differentiated port fee system and the effect of environmentally differentiated port fees on NOx reduction investments in the Baltic Sea. The research approach of this study is nomothetical. In this study research questions are answered by analyzing the broad database of the Baltic Sea fleet. Also the framework of theory is confirmed and plays an important role in analyzing the research problem. Existing investment costs of NOx emission reduction technology to ship owners are estimated and compared to investment costs with granted discounts added to the cash flows. The statistical analysis in this study is descriptive. The major statistic examination of this study is the calculation of the net present values of investments with different port fee scenarios. This is done to investigate if the NOx technology investments could be economically reasonable. Based on calculations it is clear that the effect of environmentally differentiated port fees is not adequate to compensate the total investment costs for NOx reduction. If the investment decision is made only with profitability considerations, sources will prefer to emission abatement as long as incomes from the given subsidy exceeds their abatement costs. Despite of the results, evidence was found that shipping companies are nevertheless willing to invest on voluntary emission abatement technology. In that case, investment decision could be made with criteria of, for example, sustainable strategy or brand image. Combined fairway and port fee system or governmental regulations and recommendation could also function as additional incentives to compensate the investment costs. Also, the results imply that the use of NPV is not necessarily the best method to evaluate environmental investments. If the calculations would be done with more environmental methods the results would probably be different.

Sustainable Gold Mining- Life Cycle Assessment of Cyanidation and Thiosulphate Leaching

With the increasing concern of the sustainable approach of gold mining, thiosulphate has been researched as an alternative lixiviant to cyanide since cyanide is toxic to the environment. In order to investigate the possibility of thiosulphate leaching application in the coming future, life cycle assessment, is conducted to compare the environmental footprint of cyanidation and thiosulphate leaching. The result showed the most significant environmental impact of cyanidation is toxicity to human, while the ammonia of thiosulphate leaching is also a major concern of acidification. In addition, an ecosystem evaluation is also performed to indicate the potential damages caused by an example of cyanide spill at Kittilä mine, resulting in significant environmental risk cost that has to be taken into account for decision making. From the opinion collected from an online LinkedIn discussion forum, the anxiety of sustainability alone would not be enough to contribute a significant change of conventional cyanidation, until the tighten policy of cyanide use. International Cyanide Code, therefore, is crucial for safe gold production. Nevertheless, it is still thoughtful to consider the values of healthy ecosystem and the gold for long-term benefit.