The path-dependent problem of exporting the rule of law

This article examines three indicators of a functioning rule of law state. First, that the executive operates through legally constituted channels: that administrative and political actions are constrained and channelled through legal authority. Second, that trial processes are robust: being genuine attempts to decide according to proof and law, rather than returning decisions that it is hoped will placate the powerful. Third, that no individual entities, be they corporations or individuals, be they economically or politically or militarily powerful, are able to act outside the reach of legal remedy. The work of D. C. North helps in understanding how the failure to implement or reform law successfully is predictable if the relevant features of the society that receives legal transplant or legal reform efforts are ignored. Ultimately, reform must involve domestic agents in its design and implementation because their knowledge of the subjunctive worlds of their own societies is a vital component in the reform process

Pushing architectural quality further

In this paper, the intentions thriving the implementation of computational modeling of building physics as it is approached in the Architectural engineering courses at Ghent University are discussed. During the bachelor degree, courses focus mainly on integration of basic building physics feasibility in the architectural conceptualization. During the final bachelor year, students program their own simplified 2D models for internal condensation and thermal bridges in a spreadsheet, based on realistic detailing from buildings they studied in other courses. These models are intentionally kept both simplified and strongly mathematically based to nurture thorough comprehension of the physical background of problematic design options. Additionally, evaluation of energy performance with official EPB-software is incorporated in the courses because of its high relevance as a legal benchmark. All these models, including EPB, are (semi)static and thus offer only limited but nevertheless useful information on physical, legal, hygienic… viability of different options at reasonable complexity. Furthermore, they induce basic modeling skills as a basis for further development. During the master’s degree, the focus shifts from taxation of the feasibility of design decisions towards energetic performance as one of the starting points and validation criteria of the design process. For students who wish to specialize in the matter, elective courses and master’s thesis projects on optimization, innovative techniques, passive building standards etc. are offered in which advanced dynamic modeling is used. These models offer an important input for this specific design process as they enable precise, nuanced validation of the robustness and sensitivity for certain parameters of different strategies in a given, very complex, situation. By developing both innovative, more precise models for the master classes besides more powerful integration of modeling with design software (BIM) and robust predesign templates for the bachelor courses with master’s student cooperation, the research team supports these courses in achieving output of the highest possible quality

The design dimension of China’s planning system: urban design for development control

This paper investigates the design dimension of China's legal planning framework. It aims to identify the design principles which have been followed in practice, those design elements which have been considered by designers and planners as part of development control, and the extent to which urban design outcomes have been adopted in specific legal plans. It examines 14 urban design cases from Nanjing which were produced in conjunction with the relevant legal plans between 2009 and 2013. The study suggests that in China, urban design has been facing a number of challenges, including limited coverage of design elements, inconsistencies in the design principles followed, an incompatibility between design outcomes and legal plans, and an underestimation of the role of urban design in the delivery process of development control. Nevertheless, recent years have seen a rise in the standard of urban design practice in the country, and an emerging recognition of the role of urban design in local planning policies

The future obligations of "project manager" as construction integral director (DIPE) in the law of buildings construction in spain (LOE)

In the year 1999 approves the Law of Construction Building (LOE, in Spanish) to regulate a sector such as construction, which contained some shortcomings from the legal point of view. Currently, the LOE has been in force 12 years, changing the spanish world of the construction, due to influenced by internationalization. Within the LOE, there regulating the different actors involved in the construction building, as the Projects design, the Director of Construction, the developer, The builder, Director of execution of the construction (actor only in Spain, similar as construcion engineer and abroad in), control entities and the users, but lacks figure Project manager will assume the delegation of the promoter helping and you organize, direct and management the process. This figure assumes that the market and contracts are not legally regulated in Spain, then should define and establish its regulation in the LOE. (Spain Construction Law) The translation in spanish of the words "Project Manager is owed to Professor Rafael de Heredia in his book Integrated Project Management, as agent acting on behalf of the organization and promoter assuming control of the project, ie Integraded Project Management . Already exist in Spain, AEDIP (Spanish Association Integrated of Project Construction management) which comprises the major companies in “Project Management” in Spain, and MeDIP (Master in Integrated Construction Project) the largest and most advanced studies at the Polytechnic University of Madrid, in "Construction Project Management" they teach which is also in Argentina. The Integrated Project ("Project Management") applied to the construction process is a methodological technique that helps to organize, control and manage the resources of the promoters in the building process. When resources are limited (which is usually most situations) to manage them efficiently becomes very important. Well, we find that in this situation, the resources are not only limited, but it is limited, so a comprehensive control and monitoring of them becomes not only important if not crucial. The alternative of starting from scratch with a team that specializes in developing these follow directly intervening to ensure that scarce resources are used in the best possible way requires the use of a specific methodology (Manual DIP, Matrix Foreign EDR breakdown structure EDP Project, Risk Management and Control, Design Management, et ..), that is the methodology used by "Projects managers" to ensure that the initial objectives of the promoters or investors are met and all actors in process, from design to construction company have the mind aim of the project will do, trying to get their interests do not prevail over the interests of the project. Among the agents listed in the building process, "Project Management" or DIPE (Director Comprehensive building process, a proposed name for possible incorporation into the LOE, ) currently not listed as such in the LOE (Act on Construction Planning ), one of the agents that exist within the building process is not regulated from the legal point of view, no obligations, ie, as is required by law to have a project, a builder, a construction management, etc. DIPE only one who wants to hire you as have been advanced knowledge of their services by the clients they have been hiring these agents, there being no legal obligation as mentioned above, then the market is dictating its ruling on this new figure, as if it were necessary, he was not hired and eventually disappeared from the building process. As the aim of this article is regular the process and implement the name of DIPE in the Spanish Law of buildings construction (LOE

An explicit model for learning to structure and analyze decisions by judges

Legal practitioners and legal scientists need to have knowledge of the general rules that apply in the legal system. This involves both knowledge of the legislation and knowledge of the decisions by judges that function as general rules of law. Law students preparing themselves for the legal profession need to acquire these kinds of knowledge. A student has to have knowledge about where to look for decisions, understand the structure of decisions and learn to determine what makes a decision relevant to the body of applicable rules in the legal system. Legal education primarily aims at acquiring insight in the legal sources, their history and background. This basic knowledge is of great importance; legal problem solving is hardly possible without an understanding of the legal knowledge. To illustrate the use of this knowledge in practice, teachers work through decisions as examples. However, it is difficult, if not impossible, to learn by explanation or by imitation alone. A more effective way to obtain expertise is by actually performing the task, i.e. students should do the exercises, while the teacher provides feedback on their solutions. For effective learning, also the solution process should be monitored and provided with feedback. Furthermore it is desirable for students to be able to ask for help at any time during the process. They should also be able to practice over and over again. An ideal situation would have a teacher available for every student, monitoring the student while practicing and providing support where and whenever necessary. However, this being not practically feasible, the second best option is to offer the student electronic support. CASE (Case Analysis and Structuring Environment) is an environment where a law student can practice with finding decisions, with structuring its text and with analysing the decision in order to be able to determine in what way it adds to the body of applicable rules in the legal system. CASE is developed using a principled and structured design approach. A short description of this approach is followed by an analysis of the learning task, the difficulties law students experience and the remedies proposed on the basis of both the task analysis and the stated difficulties. This is followed by a description of architecture, functionality, platform and implementation of CASE and a description of a session with CASE and future work

Why It Is So Hard? A History of Highway Concession Contracts in Poland

In this paper we analyze the early stages of the highway construction program in Poland. We argue that the whole investment process could be accelerated if much attention was paid to establishing a better legal framework. Investigating the bids for the A2 highway and the implementation of the concession agreement, we highlight the excessive red tape and poor monitoring system which led to a serious slowdown in the construction process. We also stress the necessity of choosing the best adapted financing method for infrastructure investments, as the use of the Public-Private Partnership (PPP) scheme has partially failed because of its financial weakness.Franchising, Contractual Design, Concession Contract, Public-Private

Democracy, Judicial Attitudes and Heterogeneity: The Civil Versus Common Law Tradition

A key issue in the design of a legal system is the choice of the mechanism aggregating citizens ’ preferences over the harshness of punishment. While under Case law appellate judges ’ biases offset one another at the cost of volatility of the law, under Statute law a corruptible Legislator chooses certain rules that are biased only if she favors special interests: i.e., when the preference heterogeneity is sufficiently high and/or the political process sufficiently inefficient. Thus, society should possibly choose Case law only in the last scenario. Instrumental variables estimates based on data from 156 countries, which possibly reformed the transplanted law making institution, confirm this prediction

Irrigation, collective action, and property rights

"Governments are now shifting their role from direct management of irrigation systems to regulation of the water sector, provision of support services to water user associations, and capacity building among water user associations and irrigation service providers.... International experience suggests that successful irrigation sector reform programs establish both a policy working group and a national secretariat that help to guide and coordinate the planning and implementation of the reform process. The process should include: strategic, participatory planning; research and stakeholder consultations; mobilization of political support; design and adoption of an appropriate policy, legal, institutional, and regulatory framework; strategy to coordinate lending and technical assistance; public awareness campaigns; and monitoring, evaluations, and course corrections." from Text.Collective action ,Poverty alleviation ,natural resources management ,Property rights ,

Material selection for a new type of fire extinguisher

Nowadays safety is a hot topic, damage inflicted to human beings is intolerable. Fire safety is a big concern in industrial areas, but in residential areas a lot less precautions are in place. Therefore a new type of fire extinguisher should be developed that should encourage the installation of fire extinguishers in commercial environments and at home. The design of this fire extinguisher has to answer to a lot of demands. From a legal point of view, the extinguisher has to comply with the PED regulations and the EN 3 standard. Extra demands are, given the purpose, superb performance, great ergonomics and an attractive visual design. One of the steps in the design process is to make a material selection based on needed and desired properties of materials. Also the possible processes for manufacturing are an important parameter