Search results for: civil liability for nuclear damages act
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2347

Search results for: civil liability for nuclear damages act

2317 The Role of the Injured Party's Fault in the Apportionment of Damages in Tort Law: A Comparative-Historical Study between Common Law and Islamic Law

Authors: Alireza Tavakoli Nia

Abstract:

In order to understand the role of the injured party's fault in dividing liability, we studied its historical background. In common law, the traditional contributory negligence rule was a complete defense. Then the legislature and judicial procedure modified that rule to one of apportionment. In Islamic law, too, the Action rule was at first used when the injured party was the sole cause, but jurists expanded the scope of this rule, so this rule was used in cases where both the injured party's fault and that of the other party are involved. There are some popular approaches for apportionment of damages. Some common law countries like Britain had chosen ‘the causal potency approach’ and ‘fixed apportionment’. Islamic countries like Iran have chosen both ‘the relative blameworthiness’ and ‘equal apportionment’ approaches. The article concludes that both common law and Islamic law believe in the division of responsibility between a wrongdoer claimant and the defendant. In contrast, in the apportionment of responsibility, Islamic law mostly believes in equal apportionment that is way easier and saves time and money, but common law legal systems have chosen the causal potency approach, which is more complicated than the rival approach but is fairer.

Keywords: contributory negligence, tort law, damage apportionment, common law, Islamic law

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2316 Interpretation of Medical Negligence under Consumer Laws

Authors: Ashfaq M. Naikwadi

Abstract:

Decided cases of medical negligence, mostly are not settled in the lower courts. Majority of them reach up to the apex courts. This is mostly due to different interpretations of the term medical negligence. After studying various cases of medical negligence it is found that in most of the cases the doctors/hospitals are not held liable. There are different interpretations of law concerning medical services. Globally the principles deciding medical negligence are same, viz. Legal duty of care - breach of that duty - direct causation resulting in damages. Since ordinary negligence is not punishable by law, doctors/hospitals have defenses to save themselves from liability. Complaints of negligence come to the courts whose judges mostly are not oriented with medical services or health sciences. Matters of medical negligence are decided on the basic principles of reasonableness and prudence or by relying on the expert’s opinion. Deciding reasonableness or prudence is a complex issue in case of medical services. Again expert opinion is also questionable as an expert in case of medical negligence is appointed from the same field and same faculty. There is a chance of favoritism to the doctor/hospital. The concept of vicarious liability is not widely applied to in many of the medical negligence cases. Established cases used as precedents were studied to understand the basic principles in deciding medical negligence. This paper evaluates the present criteria in interpreting medical negligence and concludes with suggesting reforms required to be made in deciding matters of medical negligence under the consumer laws.

Keywords: consumer, doctors, laws, medical negligence

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2315 Observed Damages to Adobe Masonry Buildings after 2011 Van Earthquake

Authors: Eylem Güzel, Soner Güler, Mustafa Gülen

Abstract:

Masonry is the oldest building materials since ancient times. Adobe, stone, brick are the most widespread materials used in the construction of masonry buildings. Masonry buildings compose of a large part of building stock especially in rural areas and underdeveloped regions of Turkey. The seismic performance of adobe masonry buildings is vulnerable against earthquake effects. In this study, after 2011 Van earthquake with magnitude 7.2 Mw, damages occurred in existing adobe masonry buildings in Van city is investigated. The observed damages and reasons of adobe masonry buildings in design and construction phase are specified and evaluated.

Keywords: adobe masonry buildings, earthquake effects, damages, seismic performance

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2314 The Effects of Modern Materials on the Moisture Resistance Performance of Architectural Buildings

Authors: Leyli Hashemi Rafsanjani, Hoda Mortazavi Alavi, Amirhossein Habibzadeh

Abstract:

At present, the atmospheric and environmental factors impose massive damages to buildings. Thus, to reduce these damages, researchers pay more attention on qualitative and quantitative characteristic of buildings materials. Condensation is one of the problems in Contemporary Sustecture Design. It could cause serious damages to the frontage, interior and structural elements of buildings. As a result, taking preventative steps to avoid condensation from occurring in buildings will help prevent avoidable and costly problems in the future. Hence, the aim of this paper is to answer the question: “Does the use of advanced materials cause the reduction of condensation formed on the walls?" In response to those flaws, this paper considered similar articles and selected 20 buildings randomly from contemporary architecture of developing countries which have been built in recent decade from 2002 to 2012, to find out the mutual relation between the usage of advanced materials and level of condensation damages. This consideration shows that by using advanced materials, we will have fewer damages.

Keywords: condensation, advanced materials, contemporary sustecture, moisture

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2313 Environmental Quality in Urban Areas: Legal Aspect and Institutional Dimension: A Case Study of Algeria

Authors: Youcef Lakhdar Hamina

Abstract:

In order to tame the ecological damage specificity, it is imperative to assert the procedural and objective liability aspect, which leads us to analyse current trends based on the development of preventive civil liability based on the precautionary principle. Our research focuses on the instruments of the environment protection in urban areas based on two complementary aspects appearing contradictory and refer directly to the institutional dimensions: - The preventive aspect: considered as a main objective of the environmental policy which highlights the different legal mechanisms for the environment protection by highlighting the role of administration in its implementation (environmental planning, tax incentives, modes of participation of all actors, etc.). - The healing-repressive aspect: considered as an approach for the identification of ecological damage and the forms of reparation (spatial and temporal-responsibility) to the impossibility of predicting with rigor and precision, the appearance of ecological damage, which cannot be avoided.

Keywords: environmental law, environmental taxes, environmental damage, eco responsibility, precautionary principle, environmental management

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2312 A Nuclear Negotiation Qualitative Case Study with Force Field Analysis

Authors: Onur Yuksel

Abstract:

In today’s complex foreign relations between countries, the nuclear enrichment and nuclear weapon have become a threat for all states in the world. There are couple isolated states which have capacity to produce nuclear weapons such as Iran and North Korea. In this article, Iran nuclear negotiation was analyzed in terms of its relations especially with The United States in order to find the important factors that affect the course of the ongoing nuclear negotiation. In this sense, the Force Field Analysis was used by determining and setting forth Driving and Restraining Forces of the nuclear negotiations in order to see the big picture and to develop strategies that may improve the long-term ongoing Iran nuclear negotiations. It is found that Iran nuclear negotiation heavily depends on breaking down the idea of Iran’s supporting terrorist organizations and being more transparent about nuclear and uranium enrichment. Also, it was found that Iran has to rebuild its relations with Western countries, especially with the United States. In addition, the counties— who contribute to Iran nuclear negotiations— will need to work on the dynamics and drivers of the Israel and Iran relations in order to peacefully transform the conflict between the two states.

Keywords: driving force, Iran nuclear negotiation, restraining force, the force field analysis

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2311 Nuclear Power Plant Radioactive Effluent Discharge Management in China

Authors: Jie Yang, Qifu Cheng, Yafang Liu, Zhijie Gu

Abstract:

Controlled emissions of effluent from nuclear power plants are an important means of ensuring environmental safety. In order to fully grasp the actual discharge level of nuclear power plant in China's nuclear power plant in the pressurized water reactor and heavy water reactor, it will use the global average nuclear power plant effluent discharge as a reference to the standard analysis of China's nuclear power plant environmental discharge status. The results show that the average normalized emission of liquid tritium in PWR nuclear power plants in China is slightly higher than the global average value, and the other nuclides emissions are lower than the global average values.

Keywords: radioactive effluent, HWR, PWR, nuclear power plant

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2310 US-India Strategic Bargaining and Power Balancing in South Asia

Authors: Anila Syed, Manzoor Ahmad

Abstract:

The relationship between United States and India has transformed from estrangement to wider engagement since 2004. With the convergence of interests and shared values both the US and India came close towards each other and evolved strategic partnership through civil nuclear cooperation. This paper analyze the cost and benefit of strategic partnership with India for US, the impact of India’s emergence as regional power on South Asian balance of power and its impact on Pak-US relationship. It also focuses on security structure of the region and challenges for the US to maintain strategic partnership with two rival states (India and Pakistan). The work also gives some recommendations for balancing power in the region in order to ensure durable peace not only between India and Pakistan but also in south Asia.

Keywords: US-India strategic partnership, civil-nuclear cooperation, balance of power, impacts on Pak-US relationship

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2309 Nuclear Terrorism Decision Making: A Comparative Study of South Asian Nuclear Weapons States

Authors: Muhammad Jawad Hashmi

Abstract:

The idea of nuclear terrorism is as old as nuclear weapons but the global concerns of likelihood of nuclear terrorism are uncertain. Post 9/11 trends manifest that terrorists are believers of massive causalities. Innovation in terrorist’s tactics, sophisticated weaponry, vulnerability, theft and smuggling of nuclear/radiological material, connections between terrorists, black market and rough regimes are signaling seriousness of upcoming challenges as well as global trends of “terror-transnationalism.” Furthermore, the International-Atomic-Energy-Agency’s database recorded 2734 incidents regarding misuse, unauthorized possession, trafficking of nuclear material etc. Since, this data also includes incidents from south Asia, so, there is every possibility to claim that such illicit activities may increase in future, mainly due to expansion of nuclear industry in South Asia. Moreover, due to such mishaps the region is vulnerable to threats of nuclear terrorism. This is also a reason that the region is in limelight along with issues such as rapidly growing nuclear arsenals, nuclear safety and security, terrorism and political instability. With this backdrop, this study is aimed to investigate the prevailing threats and challenges in South Asia vis a vis nuclear safety and security. A comparative analysis of the overall capabilities would be done to identify the areas of cooperation to eliminate the probability of nuclear/radiological terrorism in the region.

Keywords: nuclear terrorism, safety, security, South Asia, india, Pakistan

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2308 Nuclear Terrorism and Proliferation: A Conceptual Clarification

Authors: Uche A. Nnawulezi

Abstract:

This paper analyzes the advancing nature of nuclear terrorism and proliferation in the global environment and its attendant impacts. It analyzes discourse and practice with respect to the general prohibition on the utilization of fissionable radioactive materials. Thus, there has been a few ideological, reasonable and academic recommendations of policies aimed at eliminating nuclear weapons which its ultimate nightmare has remained an assault including nuclear explosion in densely populated urban areas. Likewise, this paper concentrates on safety measures aimed at preventing nuclear assaults which should not just concentrate on endeavors to prevent terrorists from exploding nuclear gadgets but should be more concerned on endeavors aimed at preventing the acquisition of nuclear weapons in the first place. The author of this paper has pointed out that the non-proliferation treaty should be vigorously supported as well as the Comprehensive Test Ban Treaty brought into force. This paper depended unequivocally on secondary sources, for example, textbooks, journals, articles, and periodicals. It concludes that the fundamental proposals made in this paper if completely used shall remain a cornerstone of efforts made in preventing the spread of nuclear weapons. At last, the only way is to eliminate stockpiles of nuclear weapons in the world or else the likelihood of nuclear terrorism remains a nightmare.

Keywords: nuclear, terrorism, proliferation, global environment

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2307 Responsibility of States in Air Traffic Management: Need for International Unification

Authors: Nandini Paliwal

Abstract:

Since aviation industry is one of the fastest growing sectors of the world economy, states depend on the air transport industry to maintain or stimulate economic growth. It significantly promotes and contributes to the economic well-being of every nation as well as world in general. Because of the continuous and rapid growth in civil aviation, it is inevitably leading to congested skies, flight delays and most alarmingly, a decrease in the safety of air navigation facilities. Safety is one of the most important concerns of aviation industry that has been unanimously recognised across the whole world. The available capacity of the air navigation system is not sufficient for the demand that is being generated. It has been indicated by forecast that the current growth in air traffic has the potential of causing delays in 20% of flights by 2020 unless changes are brought in the current system. Therefore, a safe, orderly and expeditious air navigation system is needed at the national and global levels, which, requires the implementation of an air traffic management (hereinafter referred as ‘ATM’) system to ensure an optimum flow of air traffic by utilising and enhancing capabilities provided by technical advances. The objective of this paper is to analyse the applicability of national regulations in case of liability arising out of air traffic management services and whether the current legal regime is sufficient to cover multilateral agreements including the Single European Sky regulations. In doing so, the paper will examine the international framework mainly the Article 28 of the Chicago Convention and its relevant annexes to determine the responsibility of states for providing air navigation services. Then, the paper will discuss the difference between the concept of responsibility and liability under the air law regime and how states might claim sovereign immunity for the functions of air traffic management. Thereafter, the paper will focus on the cross border agreements including the bilateral and multilateral agreements. In the end, the paper will address the scheme of Single European Sky and the need for an international convention dealing with the liability of air navigation service providers. The paper will conclude with some suggestions for unification of the laws at an international level dealing with liability of air navigation service providers and the requirement of enhanced co-operation among states in order to keep pace with technological advances.

Keywords: air traffic management, safety, single European sky, co-operation

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2306 Compensation for Victims of Crime and Abuse of Power in Nigeria

Authors: Kolawole Oyekan Jamiu

Abstract:

In Nigerian criminal law, a victim of an offence plays little or no role in the prosecution of an offender. The state concentrates only on imposing punishment on the offender while the victims of crime and abuse of power by security agencies are abandoned without any compensation either from the State or the offender. It has been stated that the victim of crime is the forgotten man in our criminal justice system. He sets the criminal law in motion but then goes into oblivion. Our present criminal law does not recognise the right of the victim to take part in the prosecution of the case or his right to compensation. The victim is merely a witness in a state versus case. This paper examines the meaning of the phrase ‘the victims of crime and abuse of power’. It needs to be noted that there is no definition of these two categories of victims in any statute in Nigeria. The paper also considers the United Nations General Assembly Declaration of Basic Principle of Justice for Victims and abuse of power. This declaration was adopted by the United Nations General Assembly on the 25th of November 1985. The declaration contains copious provisions on compensation for the victims of crime and abuse of power. Unfortunately, the declaration is not, in itself a legally binding instrument and has been given little or no attention since the coming into effect in1985. This paper examines the role of the judiciary in ensuring that victims of crime and abuse of power in Nigeria are compensated. While some Judges found it difficult to award damages to victims of abuse of power others have given some landmark rulings and awarded substantial damages. The criminal justice ( victim’s remedies) Bill shall also be examined. The Bill comprises of 74 sections and it spelt out the procedures for compensating the victims of crime and abuse of power in Nigeria. Finally, the paper also examines the practicability of awarding damages to victims of crime whether the offender is convicted or not and in addition, the possibility of granting all equitable remedies available in civil cases to victims of crime and abuse of power so that the victims will be restored to the earlier position before the crime.

Keywords: compensation, damages, restitution, victims

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2305 Analysis of Exploitation Damages of the Frame Scaffolding

Authors: A. Robak, M. Pieńko, E. Błazik-Borowa, J. Bęc, I. Szer

Abstract:

The analyzes and classifications presented in the article were based on the research carried out in year 2016 and 2017 on a group of nearly one hundred scaffoldings assembled and used on construction sites in different parts of Poland. During scaffolding selection process efforts were made to maintain diversification in terms of parameters such as scaffolding size, investment size, type of investment, location and nature of conducted works. This resulted in the research being carried out on scaffoldings used for church renovation in a small town or attached to the facades of classic apartment blocks, as well as on scaffoldings used during construction of skyscrapers or facilities of the largest power plants. This variety allows to formulate general conclusions about the technical condition of used frame scaffoldings. Exploitation damages of the frame scaffolding elements were divided into three groups. The first group includes damages to the main structural components, which reduce the strength of the scaffolding elements and hence the whole structure. The qualitative analysis of these damages was made on the basis of numerical models that take into account the geometry of the damage and on the basis of computational nonlinear static analyzes. The second group focuses on exploitation damages such as the lack of a pin on the guardrail bolt which may cause an imminent threat to people using scaffolding. These are local damages that do not affect the bearing capacity and stability of the whole structure but are very important for safe use. The last group consider damages that reduce only aesthetic values and do not have direct impact on bearing capacity and safety of use. Apart from qualitative analyzes the article will present quantitative analyzes showing how frequently given type of damage occurs.

Keywords: scaffolding, damage, safety, numerical analysis

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2304 The Gaps of Environmental Criminal Liability in Armed Conflicts and Its Consequences: An Analysis under Stockholm, Geneva and Rome

Authors: Vivian Caroline Koerbel Dombrowski

Abstract:

Armed conflicts have always meant the ultimate expression of power and at the same time, lack of understanding among nations. Cities were destroyed, people were killed, assets were devastated. But these are not only the loss of a war: the environmental damage comes to be considered immeasurable losses in the short, medium and long term. And this is because no nation wants to bear that cost. They invest in military equipment, training, technical equipment but the environmental account yet finds gaps in international law. Considering such a generalization in rights protection, many nations are at imminent danger in a conflict if the water will be used as a mass weapon, especially if we consider important rivers such as Jordan, Euphrates and Nile. The top three international documents were analyzed on the subject: the Stockholm Convention (1972), Additional Protocol I to the Geneva Convention (1977) and the Rome Statute (1998). Indeed, some references are researched in doctrine, especially scientific articles, to substantiate with consistent data about the extent of the damage, historical factors and decisions which have been successful. However, due to the lack of literature about this subject, the research tends to be exhaustive. From the study of the indicated material, it was noted that international law - humanitarian and environmental - calls in some of its instruments the environmental protection in war conflicts, but they are generic and vague rules that do not define exactly what is the environmental damage , nor sets standards for measure them. Taking into account the mains conflicts of the century XX: World War II, the Vietnam War and the Gulf War, one must realize that the environmental consequences were of great rides - never deactivated landmines, buried nuclear weapons, armaments and munitions destroyed in the soil, chemical weapons, not to mention the effects of some weapons when used (uranium, agent Orange, etc). Extending the search for more recent conflicts such as Afghanistan, it is proven that the effects on health of the civilian population were catastrophic: cancer, birth defects, and deformities in newborns. There are few reports of nations that, somehow, repaired the damage caused to the environment as a result of the conflict. In the pitch of contemporary conflicts, many nations fear that water resources are used as weapons of mass destruction, because once contaminated - directly or indirectly - can become a means of disguised genocide side effect of military objective. In conclusion, it appears that the main international treaties governing the subject mention the concern for environmental protection, however leave the normative specifications vacancies necessary to effectively there is a prevention of environmental damage in armed conflict and, should they occur, the repair of the same. Still, it appears that there is no protection mechanism to safeguard natural resources and avoid them to become a mass destruction weapon.

Keywords: armed conflicts, criminal liability, environmental damages, humanitarian law, mass weapon

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2303 Prediction of the Heat Transfer Characteristics of Tunnel Concrete

Authors: Seung Cho Yang, Jae Sung Lee, Se Hee Park

Abstract:

This study suggests the analysis method to predict the damages of tunnel concrete caused by fires. The result obtained from the analyses of concrete temperatures at a fire in a tunnel using ABAQUS was compared with the test result. After the reliability of the analysis method was verified, the temperatures of a tunnel at a real fire and those of concrete during the fire were estimated to predict fire damages. The temperatures inside the tunnel were estimated by FDS, a CFD model. It was deduced that the fire performance of tunnel lining and the fire damages of the structure at an actual fire could be estimated by the analysis method.

Keywords: fire resistance, heat transfer, numerical analysis, tunnel fire

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2302 Identification and Characterization of Nuclear Envelope Protein Interactions

Authors: Mohammed Hakim Jafferali, Balaje Vijayaraghavan, Ricardo A. Figueroa, Ellinor Crafoord, Veronica J. Larsson, Einar Hallberg, Santhosh Gudise

Abstract:

The nuclear envelope which surrounds the chromatin of eukaryotic cells contains more than a hundred transmembrane proteins. Mutations in some genes encoding nuclear envelope proteins give rise to human diseases including neurological disorders. The function of many nuclear envelope proteins is not well established. This is partly because nuclear envelope proteins and their interactions are difficult to study due to the inherent resistance to extraction of nuclear envelope proteins. We have developed a novel method called MCLIP, to identify interacting partners of nuclear envelope proteins in live cells. Using MCLIP, we found three new binding partners of the inner nuclear membrane protein Samp1: the intermediate filament protein Lamin B1, the LINC complex protein Sun1 and the G-protein Ran. Furthermore, using in vitro studies, we show that Samp1 binds both Emerin and Ran directly. We have also studied the interaction between Samp1 and Ran in detail. The results show that the Samp1 binds stronger to RanGTP than RanGDP. Samp1 is the first transmembrane protein known to bind Ran and it is tempting to speculate that Samp1 may provide local binding sites for RanGTP at membranes.

Keywords: MCLIP, nuclear envelope, ran, Samp1

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2301 Familiarity With Civil Engineering and Types of Construction and Its Methods

Authors: Mokhtar Nikgoo

Abstract:

Civil engineering is one of the disciplines that shows the application of science in creating construction and civil engineering. That is, everything that returns to the population of a country, such as dams, airports, roads, bridges, towers, tunnels, telecommunication towers, buildings resistant to earthquakes, floods and fires, power plants and light, cheap and quality materials for construction. And the construction is included in the scope of work of the civil engineer. Civil engineering covers a wide range of tasks. That is, for the construction of buildings, bridges, towers, tunnels, roads, silos, or sewage networks, an efficient civil engineer is needed at the beginning, in addition to complying with the technical and operational aspects, he also works economically. Because being economical is a principle in civil engineering. Is. This field at the undergraduate level has three majors: civil-building, civil-mapping and civil-water.

Keywords: civil engineering, construction, surveying, mapping, pile

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2300 Artificial Intelligent Tax Simulator to Minimize Tax Liability for Multinational Corporations

Authors: Sean Goltz, Michael Mayo

Abstract:

The purpose of this research is to use Global-Regulation.com database of the world laws, focusing on tax treaties between countries, in order to create an AI-driven tax simulator that will run an AI agent through potential tax scenarios across countries. The AI agent goal is to identify the scenario that will result in minimum tax liability based on tax treaties between countries. The results will be visualized by a three dimensional matrix. This will be an online web application. Multinational corporations are running their business through multiple countries. These countries, in turn, have a tax treaty with many other countries to regulate the payment of taxes on income that is transferred between these countries. As a result, planning the best tax scenario across multiple countries and numerous tax treaties is almost impossible. This research propose to use Global-Regulation.com database of word laws in English (machine translated by Google and Microsoft API’s) in order to create a simulator that will include the information in the tax treaties. Once ready, an AI agent will be sent through the simulator to identify the scenario that will result in minimum tax liability. Identifying the best tax scenario across countries may save multinational corporations, like Google, billions of dollars annually. Given the nature of the raw data and the domain of taxes (i.e., numbers), this is a promising ground to employ artificial intelligence towards a practical and beneficial purpose.

Keywords: taxation, law, multinational, corporation

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2299 Technical and Economical Evaluation of Electricity Generation and Seawater Desalination Using Nuclear Energy

Authors: A. Hany A. Khater, G. M. Mostafa, M. R. Badawy

Abstract:

The techno-economic analysis of the nuclear desalination is a very important tool that enables studying of the mutual effects between the nuclear power plant and the coupled desalination plant under different operating conditions, and hence investigating the feasibility of safe and economical production of potable water. For this purpose, a comprehensive model for both technical and economic performance evaluation of the nuclear desalination has been prepared. The developed model has the capability to be used in performing a parametric study for the performance measuring parameters of the nuclear desalination system. Also a sensitivity analysis of varying important factors such as interest/discount rate, power plant availability, fossil fuel prices, purchased electricity price, nuclear fuel cost, and specific base cost for both power and water plant has been conducted.

Keywords: uclear desalination, PWR, MED, MED-TVC, MSF, RO

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2298 Adapting Liability in the Era of Automated Decision-Making: A South African Labour Law Perspective

Authors: Aisha Adam

Abstract:

This study critically examines the transformative impact of automated decision-making (ADM) and artificial intelligence (AI) systems on South African labour law. As AI technologies increasingly infiltrate workplaces, existing liability frameworks face challenges in addressing the unique complexities presented by these innovations. This article explores the necessity of redefining liability to accommodate the nuanced landscape of ADM and AI within South African labour law. It emphasises the importance of ensuring responsible deployment and safeguarding the rights of workers amid evolving technological dynamics. This research investigates the central concern of fairness, bias, and discrimination in ADM and AI decision-making. Focusing on algorithmic bias and discriminatory outcomes, the paper advocates for the integration of mechanisms within the South African legal framework, particularly under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) and the Employment Equity Act (EEA). The study scrutinises the shifting dynamics of the employment relationship, calling for clear guidelines on the responsibilities and liabilities of employers, employees, and technology providers. Furthermore, the article analyses legal and policy responses to ADM and AI within South African labour law, exploring potential amendments to legislation, guidelines, and codes of practice. It assesses the role of regulatory bodies, specifically the Commission for Conciliation, Mediation, and Arbitration (CCMA), in overseeing and enforcing responsible practices in the workplace. Lastly, the research evaluates the impact of ADM and AI on human and social rights in the South African context. Emphasising the protection of constitutional rights, including fair labour practices, privacy, and equality, the study proposes remedies and safeguards. It advocates for a multidisciplinary approach involving legal, technological, and ethical considerations to redefine liability in South African labour law effectively. The article contends that a shift from accountability to responsibility is crucial for promoting fairness, antidiscrimination, and the protection of human and social rights in the age of automated decision-making. It calls for collaborative efforts among stakeholders to shape responsible practices and redefine liability in this evolving technological landscape.

Keywords: automated decision-making, artificial intelligence, labour law, vicarious liability

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2297 Analysis of Possible Causes of Fukushima Disaster

Authors: Abid Hossain Khan, Syam Hasan, M. A. R. Sarkar

Abstract:

Fukushima disaster is one of the most publicly exposed accidents in a nuclear facility which has changed the outlook of people towards nuclear power. Some have used it as an example to establish nuclear energy as an unsafe source, while others have tried to find the real reasons behind this accident. Many papers have tried to shed light on the possible causes, some of which are purely based on assumptions while others rely on rigorous data analysis. To our best knowledge, none of the works can say with absolute certainty that there is a single prominent reason that has paved the way to this unexpected incident. This paper attempts to compile all the apparent reasons behind Fukushima disaster and tries to analyze and identify the most likely one.

Keywords: fuel meltdown, Fukushima disaster, Manmade calamity, nuclear facility, tsunami

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2296 Nuclear Materials and Nuclear Security in India: A Brief Overview

Authors: Debalina Ghoshal

Abstract:

Nuclear security is the ‘prevention and detection of, and response to unauthorised removal, sabotage, unauthorised access, illegal transfer or other malicious acts involving nuclear or radiological material or their associated facilities.’ Ever since the end of Cold War, nuclear materials security has remained a concern for global security. However, with the increase in terrorist attacks not just in India especially, security of nuclear materials remains a priority. Therefore, India has made continued efforts to tighten its security on nuclear materials to prevent nuclear theft and radiological terrorism. Nuclear security is different from nuclear safety. Physical security is also a serious concern and India had been careful of the physical security of its nuclear materials. This is more so important since India is expanding its nuclear power capability to generate electricity for economic development. As India targets 60,000 MW of electricity production by 2030, it has a range of reactors to help it achieve its goal. These include indigenous Pressurised Heavy Water Reactors, now standardized at 700 MW per reactor Light Water Reactors, and the indigenous Fast Breeder Reactors that can generate more fuel for the future and enable the country to utilise its abundant thorium resource. Nuclear materials security can be enhanced through two important ways. One is through proliferation resistant technologies and diplomatic efforts to take non proliferation initiatives. The other is by developing technical means to prevent any leakage in nuclear materials in the hands of asymmetric organisations. New Delhi has already implemented IAEA Safeguards on their civilian nuclear installations. Moreover, the IAEA Additional Protocol has also been ratified by India in order to enhance its transparency of nuclear material and strengthen nuclear security. India is a party to the IAEA Conventions on Nuclear Safety and Security, and in particular the 1980 Convention on the Physical Protection of Nuclear Material and its amendment in 2005, Code of Conduct in Safety and Security of Radioactive Sources, 2006 which enables the country to provide for the highest international standards on nuclear and radiological safety and security. India's nuclear security approach is driven by five key components: Governance, Nuclear Security Practice and Culture, Institutions, Technology and International Cooperation. However, there is still scope for further improvements to strengthen nuclear materials and nuclear security. The NTI Report, ‘India’s improvement reflects its first contribution to the IAEA Nuclear Security Fund etc. in the future, India’s nuclear materials security conditions could be further improved by strengthening its laws and regulations for security and control of materials, particularly for control and accounting of materials, mitigating the insider threat, and for the physical security of materials during transport. India’s nuclear materials security conditions also remain adversely affected due to its continued increase in its quantities of nuclear material, and high levels of corruption among public officials.’ This paper would study briefly the progress made by India in nuclear and nuclear material security and the step ahead for India to further strengthen this.

Keywords: India, nuclear security, nuclear materials, non proliferation

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2295 The Use of Nuclear Generation to Provide Power System Stability

Authors: Heather Wyman-Pain, Yuankai Bian, Furong Li

Abstract:

The decreasing use of fossil fuel power stations has a negative effect on the stability of the electricity systems in many countries. Nuclear power stations have traditionally provided minimal ancillary services to support the system but this must change in the future as they replace fossil fuel generators. This paper explains the development of the four most popular reactor types still in regular operation across the world which have formed the basis for most reactor development since their commercialisation in the 1950s. The use of nuclear power in four countries with varying levels of capacity provided by nuclear generators is investigated, using the primary frequency response provided by generators as a measure for the electricity networks stability, to assess the need for nuclear generators to provide additional support as their share of the generation capacity increases.

Keywords: frequency control, nuclear power generation, power system stability, system inertia

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2294 Two-Dimensional Modeling of Spent Nuclear Fuel Using FLUENT

Authors: Imane Khalil, Quinn Pratt

Abstract:

In a nuclear reactor, an array of fuel rods containing stacked uranium dioxide pellets clad with zircalloy is the heat source for a thermodynamic cycle of energy conversion from heat to electricity. After fuel is used in a nuclear reactor, the assemblies are stored underwater in a spent nuclear fuel pool at the nuclear power plant while heat generation and radioactive decay rates decrease before it is placed in packages for dry storage or transportation. A computational model of a Boiling Water Reactor spent fuel assembly is modeled using FLUENT, the computational fluid dynamics package. Heat transfer simulations were performed on the two-dimensional 9x9 spent fuel assembly to predict the maximum cladding temperature for different input to the FLUENT model. Uncertainty quantification is used to predict the heat transfer and the maximum temperature profile inside the assembly.

Keywords: spent nuclear fuel, conduction, heat transfer, uncertainty quantification

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2293 A Review on Nuclear Desalination Technology

Authors: Aiswarya C. L, Swatantra Pratap Singh

Abstract:

In recent years, most desalination plants have been powered by fossil fuels, and to a lesser extent, by green energy. Greenhouse gases emitted by fossil-fuelled plants significantly impact the global climate. So scientists are forced to develop a powerful energy source to protect the environment with greater sustainability due to climate change issues. Nuclear energy can supply much more fresh water than what is currently available. Furthermore, it is more affordable and does not emit any greenhouse gases. This review compares conventional desalination plants with nuclear-powered desalination plants in terms of cost, energy consumption, water recovery, and environmental issues. On the basis of the review conducted, nuclear desalination has been demonstrated to be technically feasible and economically competitive with a variety of fossil fuels, renewable energy sources, and waste heat sources. Nuclear sources have been criticized due to their lack of safety. But studies show, if we were able to handle the issue with care, the problems could be eliminated. Here we're looking at the Seawater Reverse Osmosis Plant (SWROP) at Kudankulam Nuclear Power Plant in Tamil Nadu, India and review the further possibility of implementing nuclear desalination technology in other states of India.

Keywords: energy consumption, environmental impacts, nuclear desalination, water recovery

Procedia PDF Downloads 187
2292 Assignment of Legal Personality to Robots: A Premature Meditation

Authors: Solomon Okorley

Abstract:

With the emergence of artificial intelligence, a proposition that has been made with increasing conviction is the need to assign legal personhood to robots. A major problem that arises when dealing with robots is the issue of liability: who do it hold liable when a robot causes harm? The suggestion to assign legal personality to robots has been made to aid in the assignment of liability. This paper contends that it is premature to assign legal personhood to robots. The paper employed the doctrinal and comparative research methodology. The paper first discusses the various theories that underpin the granting of legal personhood to juridical personalities to ascertain whether these theories can aid in the proposition to assign legal personhood to robots. These theories include fiction theory, aggregate theory, realist theory, and organism theory. Except for the aggregate theory, the fiction theory, the realist theory and the organism theory provide a good foundation to the proposal for legal personhood to be assigned to robots. The paper considers whether robots should be assigned legal personhood from a jurisprudential approach. The legal positivists assert that no metaphysical presuppositions are needed to determine who could be a legal person: the sole deciding factor is the engagement in legal relations and this prerequisite could be fulfilled by robots. However, rationalists, religionists and naturalists assert that the satisfaction of the metaphysical criteria is the basis of legal personality and since robots do not possess this feature, they cannot be assigned legal personhood. This differing perspective shows that the jurisprudential school of thought to which one belongs influences the decision whether to assign legal personhood to robots. The paper makes arguments for and against the assigning of legal personhood to robots. Assigning legal personhood to robots is necessary for the assigning of liability; and since robots are independent in their operation, they should be assigned legal personhood. However, it is argued that the degree of autonomy is insufficient. Robots do not understand legal obligations; they do not have a will of their own and the purported autonomy that they possess is an ‘imputed autonomy’. A crucial question to be asked is ‘whether it is desirable to confer legal personhood on robots’ and not ‘whether legal personhood should be assigned to robots’. This is due to the subjective nature of the responses to such a question as well as the peculiarities of countries in response to this question. The main argument in support of assigning legal personhood to robots is to aid in assigning liability. However, it is argued conferring legal personhood on robots is not the only way to deal with liability issues. Since any of the stakeholders involved with the robot system can be held liable for an accident, it is not desirable to assign legal personhood to robot. It is forecasted that in the epoch of strong artificial intelligence, granting robots legal personhood is plausible; however, in the current era, it is premature.

Keywords: autonomy, legal personhood, premature, jurisprudential

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2291 Criminal Liability for Criminal Tax

Authors: Theresia Simatupang dan Rahmayanti

Abstract:

Tax Law is a legal product and therefore should be subject to the legal norms, both about this actions, implementation, and about the material. Law has always aimed at providing justice, and besides that the law as a tool used to organize the order or rule of law. tax classification of a crime in this is very necessary, because the crime of taxation is very detrimental to the country and is still very high in society and socialization associated with punishment in sentencing that would have to provide a deterrent for the perpetrators, so refer to the this, these criminal offenses can endanger the stability of the nation's economy and the country that require special snacks. The application of legal sanctions against the perpetrators of the crime of taxation already has a strong legal basis, namely UU KUP. UU KUP have loaded threat (sanctions) severe punishment for tax payers who commit offenses and crimes in the field of taxation, which is contained in Article 38, and Article 39, Article 41, Article 41 A, and 41 B as well as Article 43 of Law and Law No. 12 KUP about 1985 Land Tax and Building. Criminal sanctions against violators of the tax provision are important because tax payers sanctions for violating tax laws.

Keywords: accountability, tax crime, criminal liability, taxation

Procedia PDF Downloads 320
2290 Nuclear Resistance Movements: Case Study of India

Authors: Shivani Yadav

Abstract:

The paper illustrates dynamics of nuclear resistance movements in India and how peoples’ power rises in response to subversion of justice and suppression of human rights. The need for democratizing nuclear policy runs implicit through the demands of the people protesting against nuclear programmes. The paper analyses the rationale behind developing nuclear energy according to the mainstream development model adopted by the state. Whether the prevalent nuclear discourse includes people’s ambitions and addresses local concerns or not is discussed. Primarily, the nuclear movements across India comprise of two types of actors i.e. the local population as well as the urban interlocutors. The first type of actor is the local population comprising of the people who are residing in the vicinity of the nuclear site and are affected by its construction, presence and operation. They have very immediate concerns against nuclear energy projects but also have an ideological stand against producing nuclear energy. The other types of actors are the urban interlocutors, who are the intellectuals and nuclear activists who have a principled stand against nuclear energy and help to aggregate the aims and goals of the movement on various platforms. The paper focuses on the nuclear resistance movements at five sites in India- Koodankulam (Tamil Nadu), Jaitapur (Maharashtra), Haripur (West Bengal), Mithivirdi (Gujrat) and Gorakhpur (Haryana). The origin, development, role of major actors and mass media coverage of all these movements are discussed in depth. Major observations from the Indian case include: first, nuclear policy discussions in India are confined to elite circles; secondly, concepts like national security and national interest are used to suppress dissent against mainstream policies; and thirdly, India’s energy policies focus on economic concerns while ignoring the human implications of such policies. In conclusion, the paper observes that the anti-nuclear movements question not just the feasibility of nuclear power but also its exclusionary nature when it comes to people’s participation in policy making, endangering the ecology, violation of human rights, etc. The character of these protests is non-violent with an aim to produce more inclusive policy debates and democratic dialogues.

Keywords: anti-nuclear movements, Koodankulam nuclear power plant, non-violent resistance, nuclear resistance movements, social movements

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2289 Addressing Public Concerns about Radiation Impacts by Looking Back in Nuclear Accidents Worldwide

Authors: Du Kim, Nelson Baro

Abstract:

According to a report of International Atomic Energy Agency (IAEA), there are approximately 437 nuclear power stations are in operation in the present around the world in order to meet increasing energy demands. Indeed, nearly, a third of the world’s energy demands are met through nuclear power because it is one of the most efficient and long-lasting sources of energy. However, there are also consequences when a major event takes place at a nuclear power station. Over the past years, a few major nuclear accidents have occurred around the world. According to a report of International Nuclear and Radiological Event Scale (INES), there are six nuclear accidents that are considered to be high level (risk) of the events: Fukushima Dai-chi (Level 7), Chernobyl (Level 7), Three Mile Island (Level 5), Windscale (Level 5), Kyshtym (Level 6) and Chalk River (Level 5). Today, many people still have doubt about using nuclear power. There is growing number of people who are against nuclear power after the serious accident occurred at the Fukushima Dai-chi nuclear power plant in Japan. In other words, there are public concerns about radiation impacts which emphasize Linear-No-Threshold (LNT) Issues, Radiation Health Effects, Radiation Protection and Social Impacts. This paper will address those keywords by looking back at the history of these major nuclear accidents worldwide, based on INES. This paper concludes that all major mistake from nuclear accidents are preventable due to the fact that most of them are caused by human error. In other words, the human factor has played a huge role in the malfunction and occurrence of most of those events. The correct handle of a crisis is determined, by having a good radiation protection program in place, it’s what has a big impact on society and determines how acceptable people are of nuclear.

Keywords: linear-no-threshold (LNT) issues, radiation health effects, radiation protection, social impacts

Procedia PDF Downloads 220
2288 Civil Service Reforms in Kazakhstan and Its Influence on Modernization

Authors: Aliya Idrissova

Abstract:

Civil service (public administration) is an important social institution of society properties. Civil service institution had a significant impact on modernization processes in Kazakhstan through ensuring the functioning of all the subsystems of social life. This article is an attempt to analyses the reforms of public service institution in Kazakhstan and to assess its influence on modernization processes.

Keywords: civil service, Kazakhstan, modernization, a national model of civil service, civil service reforms, bureaucracy

Procedia PDF Downloads 359