986 resultados para legal capacity


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A Embrapa Acre iniciou, em meados de 1995, um projeto de manejo florestal sustentado para pequenas propriedades, tendo como principal característica a prescrição de uma intervenção de baixo impacto sobre a floresta por meio de "métodos artesanais" de exploração de madeira. Estes métodos consideram os poucos recursos materiais de que dispõem os pequenos produtores.

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Iniciado em meados de 1995, o projeto de manejo florestal sustentado para pequenas propriedades tem como principal característica a prescrição de uma intervenção de baixo impacto sobre a floresta por meio de "métodos artesanais" de exploração de madeira, que consideram os baixos recursos materiais disponíveis pelos pequenos produtores. A primeira parte deste documento apresenta uma descrição sintetizada da metodologia utilizada. A segunda parte apresenta as etapas já executadas e seus respectivos resultados.

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This paper explores the non-adoption of an innovation via the concept of hybrid genres, that is digital genres that emerge from a non-digital material precedent. As instances of innovation these are often resisted because they disturb the order of activity and balance of power relations in a given situation, or require users to make conceptual and physical adaptation efforts that they consider too costly. The authors investigate such issues with a case study of the introduction of a hybrid digital genre, ODR or online dispute resolution, in legal practice

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Purpose – The purpose of this paper is to explore the relevance of human resource development (HRD) for law firms in the UK. It examines how the characteristics of legal professional practice in the UK, including the partnership structure, long established methods of targeting solicitors and the law society, may act as barriers to the implementation of HRD. Design/methodology/approach – The paper uses an exploratory case study research approach to investigate characteristics and issues influencing the adoption of HRD in a Scottish legal firm. Primary data are collected via semi-structured interviews with a cross-section of representatives. Findings – Despite recognition of the importance of learning, the characteristic elements of law firms, including the partnership structure; the pervasiveness of time-billed targets in the solicitor community; and HR’s profile and acceptance among the solicitor community, remain as barriers to the applicability of HRD. The research also exposes variability on the level and scope of development opportunities, an emphasis on technical skills development, and a lack of solicitors’ self-managed learning ability. Research limitations/implications – While the research findings provide a useful insight into the barriers to HRD in one legal firm, this does not allow for any generalisations being drawn from the study. Practical implications – The paper explores the suitability of workplace learning to support legal professional development. Originality/value – There is a dearth of research into HRD in legal practices in the UK. The paper contributes to the contextual influences that limit the applicability of HRD to legal professional practices.

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Odello, Marco, The Legal Base for Human Rights Field Operations, In: 'The Human Rights Field Operation: Law, Theory and Practice', O'Flaherty, M. (eds), Ashgate Publishing, pp.47-67, 2007. RAE2008

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Odello, Marco, 'International Security in the Western Hemisphere: Legal and Institutional Developments', Anuario de Derecho Internacional, (2005) 21, pp.379-411 RAE2008

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Ioan Fazey, John A. Fazey, Joern Fischer, Kate Sherren, John Warren, Reed F. Noss, Stephen R. Dovers (2007) Adaptive capacity and learning to learn as leverage for social?ecological resilience. Frontiers in Ecology and the Environment 5(7),375-380. RAE2008

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In recent years, the high percentage of lawyers in Portugal became a controversial issue. As a large number of law graduates have been competing for admission at the Bar, this trend is creating new challenges to the profession, with important resonances in the Bar admission policy. The purpose of this presentation is to illustrate the progress made by women in legal professions, in Portugal, over the last decades. In order to contextualize our analysis, we begin with an overview of the position of women in the labor market and then focus on the legal professions. Firstly, the increasing presence of women in different segments of the legal field is analyzed by means of a statistical approach. Afterwards, we draw a critical analysis highlighting the bearing of these developments and deconstructing their meaning in terms of career patterns, remuneration and professional status. Our analysis of contemporary official data on legal professions reveals that even though women are occupying a growing number of positions in private practice, they earn lower salaries, have lower job satisfaction and have a more critical reasoning towards the public image of lawyers. Concerning magistrates, women working in superior courts continue to be underrepresented. Overall, we conclude that the increasing integration of women in legal professions is not straightforward, and there are still many aspects that need to be addressed the private and public sector.

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The last 30 years have seen Fuzzy Logic (FL) emerging as a method either complementing or challenging stochastic methods as the traditional method of modelling uncertainty. But the circumstances under which FL or stochastic methods should be used are shrouded in disagreement, because the areas of application of statistical and FL methods are overlapping with differences in opinion as to when which method should be used. Lacking are practically relevant case studies comparing these two methods. This work compares stochastic and FL methods for the assessment of spare capacity on the example of pharmaceutical high purity water (HPW) utility systems. The goal of this study was to find the most appropriate method modelling uncertainty in industrial scale HPW systems. The results provide evidence which suggests that stochastic methods are superior to the methods of FL in simulating uncertainty in chemical plant utilities including HPW systems in typical cases whereby extreme events, for example peaks in demand, or day-to-day variation rather than average values are of interest. The average production output or other statistical measures may, for instance, be of interest in the assessment of workshops. Furthermore the results indicate that the stochastic model should be used only if found necessary by a deterministic simulation. Consequently, this thesis concludes that either deterministic or stochastic methods should be used to simulate uncertainty in chemical plant utility systems and by extension some process system because extreme events or the modelling of day-to-day variation are important in capacity extension projects. Other reasons supporting the suggestion that stochastic HPW models are preferred to FL HPW models include: 1. The computer code for stochastic models is typically less complex than a FL models, thus reducing code maintenance and validation issues. 2. In many respects FL models are similar to deterministic models. Thus the need for a FL model over a deterministic model is questionable in the case of industrial scale HPW systems as presented here (as well as other similar systems) since the latter requires simpler models. 3. A FL model may be difficult to "sell" to an end-user as its results represent "approximate reasoning" a definition of which is, however, lacking. 4. Stochastic models may be applied with some relatively minor modifications on other systems, whereas FL models may not. For instance, the stochastic HPW system could be used to model municipal drinking water systems, whereas the FL HPW model should or could not be used on such systems. This is because the FL and stochastic model philosophies of a HPW system are fundamentally different. The stochastic model sees schedule and volume uncertainties as random phenomena described by statistical distributions based on either estimated or historical data. The FL model, on the other hand, simulates schedule uncertainties based on estimated operator behaviour e.g. tiredness of the operators and their working schedule. But in a municipal drinking water distribution system the notion of "operator" breaks down. 5. Stochastic methods can account for uncertainties that are difficult to model with FL. The FL HPW system model does not account for dispensed volume uncertainty, as there appears to be no reasonable method to account for it with FL whereas the stochastic model includes volume uncertainty.

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Natural and human-made disasters cause on average 120,000 deaths and over US$140 billion in damage to property and infrastructure every year, with national, regional and international actors consistently responding to the humanitarian imperative to alleviate suffering wherever it may be found. Despite various attempts to codify international disaster laws since the 1920s, a right to humanitarian assistance remains contested, reflecting concerns regarding the relative importance of state sovereignty vis-à-vis individual rights under international law. However, the evolving acquis humanitaire of binding and non-binding normative standards for responses to humanitarian crises highlights the increasing focus on rights and responsibilities applicable in disasters; although the International Law Commission has also noted the difficulty of identifying lex lata and lex ferenda regarding the protection of persons in the event of disasters due to the “amorphous state of the law relating to international disaster response.” Therefore, using the conceptual framework of transnational legal process, this thesis analyses the evolving normative frameworks and standards for rights-holders and duty-bearers in disasters. Determining the process whereby rights are created and evolve, and their potential internalisation into domestic law and policy, provides a powerful analytical framework for examining the progress and challenges of developing accountable responses to major disasters.

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This thesis critically investigates the divergent international approaches to the legal regulation of the patentability of computer software inventions, with a view to identifying the reforms necessary for a certain, predictable and uniform inter-jurisdictional system of protection. Through a critical analysis of the traditional and contemporary US and European regulatory frameworks of protection for computer software inventions, this thesis demonstrates the confusion and legal uncertainty resulting from ill-defined patent laws and inconsistent patent practices as to the scope of the “patentable subject matter” requirement, further compounded by substantial flaws in the structural configuration of the decision-making procedures within which the patent systems operate. This damaging combination prevents the operation of an accessible and effective Intellectual Property (IP) legal framework of protection for computer software inventions, capable of securing adequate economic returns for inventors whilst preserving the necessary scope for innovation and competition in the field, to the ultimate benefit of society. In exploring the substantive and structural deficiencies in the European and US regulatory frameworks, this thesis develops to ultimately highlight that the best approach to the reform of the legal regulation of software patentability is two-tiered. It demonstrates that any reform to achieve international legal harmony first requires the legislature to individually clarify (Europe) or restate (US) the long-standing inadequate rules governing the scope of software “patentable subject matter”, together with the reorganisation of the unworkable structural configuration of the decision-making procedures. Informed by the critical analysis of the evolution of the “patentable subject matter” requirement for computer software in the US, this thesis particularly considers the potential of the reforms of the European patent system currently underway, to bring about certainty, predictability and uniformity in the legal treatment of computer software inventions.

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ANALYSIS The time has come for a fundamental review of the Mental Health Act 2001.