97,113 research outputs found

    Is existing legislation fit-for-purpose to achieve Good Environmental Status in European seas?

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    Recent additions to marine environmental legislation are usually designed to fill gaps in protection and management, build on existing practices or correct deficiencies in previous instruments. Article 13 of the European Marine Strategy Framework Directive (MSFD) requires Member States to develop a Programme of Measures (PoM) by 2015, to meet the objective of Good Environmental Status (GES) for their waters by 2020. This review explores key maritime-related policies with the aim to identify the opportunities and threats that they pose for the achievement of GES. It specifically examines how Member States have relied on and will integrate existing legislation and policies to implement their PoM and the potential opportunities and difficulties associated with this. Using case studies of three Member States, other external impediments to achieving GES are discussed including uses and users of the marine environment who are not governed by the MSFD, and gives recommendations for overcoming barriers

    Privacy & law enforcement

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    Safe to Be Open: Study on the Protection of Research Data and Recommendations for Access and Usage

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    Openness has become a common concept in a growing number of scientific and academic fields. Expressions such as Open Access (OA) or Open Content (OC) are often employed for publications of papers and research results, or are contained as conditions in tenders issued by a number of funding agencies. More recently the concept of Open Data (OD) is of growing interest in some fields, particularly those that produce large amounts of data – which are not usually protected by standard legal tools such as copyright. However, a thorough understanding of the meaning of Openness – especially its legal implications – is usually lacking. Open Access, Public Access, Open Content, Open Data, Public Domain. All these terms are often employed to indicate that a given paper, repository or database does not fall under the traditional “closed” scheme of default copyright rules. However, the differences between all these terms are often largely ignored or misrepresented, especially when the scientist in question is not familiar with the law generally and copyright in particular – a very common situation in all scientific fields. On 17 July 2012 the European Commission published its Communication to the European Parliament and the Council entitled “Towards better access to scientific information: Boosting the benefits of public investments in research”. As the Commission observes, “discussions of the scientific dissemination system have traditionally focused on access to scientific publications – journals and monographs. However, it is becoming increasingly important to improve access to research data (experimental results, observations and computer-generated information), which forms the basis for the quantitative analysis underpinning many scientific publications”. The Commission believes that through more complete and wider access to scientific publications and data, the pace of innovation will accelerate and researchers will collaborate so that duplication of efforts will be avoided. Moreover, open research data will allow other researchers to build on previous research results, as it will allow involvement of citizens and society in the scientific process. In the Communication the Commission makes explicit reference to open access models of publications and dissemination of research results, and the reference is not only to access and use but most significantly to reuse of publications as well as research data. The Communication marks an official new step on the road to open access to publicly funded research results in science and the humanities in Europe. Scientific publications are no longer the only elements of its open access policy: research data upon which publications are based should now also be made available to the public. As noble as the open access goal is, however, the expansion of the open access policy to publicly funded research data raises a number of legal and policy issues that are often distinct from those concerning the publication of scientific articles and monographs. Since open access to research data – rather than publications – is a relatively new policy objective, less attention has been paid to the specific features of research data. An analysis of the legal status of such data, and on how to make it available under the correct licence terms, is therefore the subject of the following sections

    U.S.-EU Safe Harbor Framework; A Guide to Self-Certification

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    [Excerpt] In this guide, we have provided an outline of the most critical pieces of the Safe Harbor Framework. The application is made available, along with a Helpful Hints Guide that explains how to fill it out. The Safe Harbor Principles and FAQs are also provided for easy reference. There is also an explanation and listing of third party dispute resolution providers (or Independent Resource Mechanisms) with descriptions of the services provided by three dispute resolution providers that work with Safe Harbor. Finally, we’ve also included several sample company privacy policies for reference, and a glossary that explains key terms. We’ve broken this Guide into nine major sections, each to address different questions you might have. What follows is a brief description of each section: Overview: The overview gives some background on the Safe Harbor Framework, how it came about, and explains many of the certification requirements. The overview also lists the principles of the Safe Harbor program. Application: The Application is provided for easy reference. Applicants should apply online at http://export.gov /safeharbor (click on “Certification Form” in the right sidebar). Certification Mark: The Commerce Department’s International Trade Administration has recently developed a certification mark for the Safe Harbor Framework. The mark may be used by companies on their websites to signify that they have self-certified compliance with the provisions of the Safe Harbor Framework. Instructions for use of the certification mark are provided. Helpful Hints Guide (to Certification): The Helpful Hints Guide is meant to give quick answers to any questions a U.S. company might have about the certification process. It should be used in conjunction with the rest of the Guide, however it answers many of the most common questions about the certification process. Safe Harbor Principles: We have provided the full text of the official declaration of the Safe Harbor Principles as announced on July 21, 2000. This text is helpful for understanding the foundation of the Safe Harbor Principles and the Framework. Frequently Asked Questions: We have provided the Frequently Asked Questions in full text because they answer many of the most commonly asked questions about the Safe Harbor Framework. Dispute Resolution Providers: Here we have provided a short description of the role of dispute resolution providers (also referred to as Independent Recourse Mechanisms) and descriptions of the services they offer. Sample Privacy Policies: Here we have provided three sample privacy policies for reference, which may serve as guidance when creating a new Privacy Policy or updating an existing Privacy Policy to align it with the Safe Harbor Framework. The Safe Harbor Framework requires an affirmative commitment in the Privacy Policy to the principles of the Safe Harbor Framework. Glossary: A short glossary is also provided for many of the technical terms frequently used in the Guide

    The EC Water Framework Directive and its implications for the Environment Agency

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    The bulk of the European Community's water policy legislation was developed between the mid 1970s and the early 1990s. These directives addressed specific substances, sources, uses or processes but caused problems with differing methods definitions and aims. The Water Framework Directive (WFD) aims to resolve the piecemeal approach. The Environemnt Agency (EA) welcomes and supported the overall objective of establishing a coherent legislative framework. The EA has been discussing the implications of the WFD with European partners and has developed a timetable for the implementation and a special team will commission necessary research

    E Pluribus Unum – Out of Many, One Common European Sales Law?

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    In light of the fragmentation due to the nationalization of civil and commercial law and the growing intensity of cross-border trade in manufactured goods, arguments for the unification of private law surfaced already from the early 20th century. Such attempts resulted in, among others, the CISG, the UPICC or the PECL. In line with this pattern, as an attempt to make Out of Many, One Common European Sales Law, a Proposal for a Regulation on a Common European Sales Law (CESL) was published in 2011. The aim of the present contribution is to explore the background of the Proposal and to assess its significance for the future, with specific attention to the challenges of the digital age. Section I of the paper provides an overview of the process in the first decade of the 21st century leading to the publication of the Proposal, identifying the various stages of making an instrument. This is followed by the description of the Proposal and its evaluation in Section II. Although the immediate implementation and application of the instrument are not feasible, the text contains some promising elements to build on. According to the main findings of the paper, in the new millennium no longer merely international trade in manufactured goods is a chief factor triggering the implementation of international instruments of contract law. The innovations which pose new challenges and regulatory needs, also addressed in the CESL, are trade in digital content and e-commerce. Considering a digital key to the success of regulatory aspirations, the paper thus outlines ways European and international legislation might go in terms of regulating cross-border trade in the age of information technology. Accordingly, the areas to focus on for a start are transactions for the supply of digital content and e-commerce transactions
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