LEGAL LIABILITY OF ARCHITECT

To conduct a comprehensive analysis of architect\u27s Professional liability, a range of legal areas must be considered so that to identify the possible sources that can give rise to such liability. A general understanding of contract law, tort law and criminal law proves to shed ample light onto these possible sources. Apropos contract law, a basic issue must be recognized and dealt with; i.e. the valid existence of a contractual relationship. Further issues involve; the type of contract adopted the main obligations the architect assumes in terms of contract and the remedies available to the client in case the architect is in breach of his contractual obligations. The role of the architect as fiduciary should also be considered as a possible basis for further obligations towards client. Failure on behalf of the architect to fulfill any such legal duties results into tortuous responsibility. Deliberations on principles of tort law and an in depth explanation of care of professionals should be discussed. Finally, it is pertinent to explore the possibilities for criminal liability. The basic principles of criminal law and the ensuing liability are needed to be analyzed before entering into an examination of the type of conduct that is sanctioned by criminal law. There are several possible realms giving rise to criminal liability; such as willful, reckless or negligent conduct resulting in convictions of voluntary or involuntary manslaughter and abuse, practicing the profession without the relevant syndicate\u27s approval or even violating the construction laws

Equal Justice Volume 2 No. 1

News as it was meant to be. A Publication of the Political Science/Pre-Law Association of Touro College.https://touroscholar.touro.edu/archives_books/1043/thumbnail.jp

THE IMPACT OF NEW TECHNOLOGY ON THE TRANSPORTATIONSERVICES: “UBER PLATFORM

In recent years, the advent of new technologies has impacting an increasing number of economic sectors including transportation. New organizational tools have emerged to facilitate the matching between service providers and consumers. In fact, Uber platform provided an innovative way, the application, to mediate the interaction between both drivers and riders. Platform operators usually provide information about the service user, facilitate online payment, and resolve disputes. The use of these platforms has been booting the rise of Uber and the ascent of this online empowered “sharing economy” has changed that numerous people live. The subsequent “shared economy” offers different options- frequently with reduce costs- compared to existing established taxi companies. These online platforms are on the way to eliminating the traditional way of transport. Consumers and other advocates praise Uber for their ability to provide new economic efficiency compared to traditional ridesharing options. Despite the effectiveness of these services, these platforms have a tendency to oppose existing administrative structures that guarantee wellbeing, quality, and supply. Operating in a grey area, Uber has been subjected to many litigation processes orchestrated by traditional taxi drivers who felt the urge to protect their existence. This paper aims to discuss the recent increase in the judicialization of the conflict between Uber and their partner-drivers. We will try to identify the nature of the activity and the relationship between the parties involved in the collaborative contract. We will also focus on the importance of implementing appropriate regulations in compliance with the characteristics of the “new economic model” and its impact on different fields such as labor law

BUILDING PERMIT: A CRITICAL REVIEW OF THE LEGALFRAMEWORK IN LEBANON

The Building Permit (BP) is a required administrative authorization issued by public authorities. It ensures that the planned construction is abiding by the legal framework governing the construction works in the targeted are or zone. In Lebanon, the Construction Law, No.646/2004 regulates the issuance of BPs. The technical and legal procedures involve require the engagement of various administrative authorities. In this context, three institutions are involved. At first, the Order of Engineers and Architects (OEA), the General Directorate of Urban Planning (GDUP) and the relevant local authorities on the Municipal level. However, as of 2014, the Ministry of the Interior issued four circulars, supposedly, aiming at facilitating the issuance of the BP. As result, it allowed for the circumvent of the notification and mandatory verification by OEA and GDUP. This concentration of power within the direct executive local authorities was portrayed as a way to trim down the massive displacements towards urban centers. Moreover, it aimed at lowering the rate of illegal building plots the disadvantaged peripheries. This article intends is to investigate the legality of these circulars vis-à-vis the Lebanese Construction Law. It will be closely assessing the impact of the 2017 circulars on the urban and rural environment. Moreover, it will inquire on the potential risks due to the sidelining of the main technical institutions. It is aimed that this article will contribute to the overall national debate regarding the healthiness and the legality of executive degrees and their impact on the everyday life of the resident

RIGHT TO ADEQUATE HOUSING IN LEBANON

“The right to adequate housing” is guaranteed by the Universal Declaration of Human Rights in its article (25) and the International Covenant on Economic, Social and Cultural Rights in article 11. Both documents have recognized the right to adequate housing, health and well-being. The classical definition of this right is based on three pillars: security, peace and dignity; however, the right to adequate housing also requires that other conditions should be provided to everyone as affordability of housing, adequate infrastructure, clean water, and sustainable environment. The Lebanese Constitution assures this right since it abides by the Universal Declaration of Human Rights and international conventions. Hence, this paper will study the Right to Adequate Housing in Lebanon in general and the situation of refugees’ housing (Palestinian and Syrian) in particular. Moreover, the paper will study the Lebanese urban development policies and how they affect the state of related rights such as right to healthy environment and right to good health and well-being

Regulating disasters? The role of international law in disaster prevention and management

Purpose – This article explores the role of international law in disaster prevention and management, with a particular focus on the emerging field of international disaster law, and its relationship with international human rights law. It further introduces the four articles of the special column of this journal issue, dedicated to disasters and international law. Design/methodology/approach – The analysis is based upon primary sources of legislation and policy, as well as academic literature on disasters and international law. Findings – Although the field of international disaster law is at its infancy, we argue that this emergent area does have the potential to gain widespread recognition as a distinct field of law, and that this could be of benefit for the wider disaster management community. Originality/value – The article introduces key legal features and themes relating to international law and disasters, highlighting their relevance for disaster management. The added value is to widen the discussion on aspects of disasters regulated by international law, thus facilitating the future exchange with other academic subjects and operational fields. Keywords – disasters; international law; disaster management; treaties; human rights; international disaster law; international human rights law. Paper type – Research pape

An evidence-based approach to the use of telehealth in long-term health conditions: development of an intervention and evaluation through pragmatic randomised controlled trials in patients with depression or raised cardiovascular risk

Background: Health services internationally are exploring the potential of telehealth to support the management of the growing number of people with long-term conditions (LTCs). Aim: To develop, implement and evaluate new care programmes for patients with LTCs, focusing on two common LTCs as exemplars: depression or high cardiovascular disease (CVD) risk. Methods Development: We synthesised quantitative and qualitative evidence on the effectiveness of telehealth for LTCs, conducted a qualitative study based on interviews with patients and staff and undertook a postal survey to explore which patients are interested in different forms of telehealth. Based on these studies we developed a conceptual model [TElehealth in CHronic disease (TECH) model] as a framework for the development and evaluation of the Healthlines Service for patients with LTCs. Implementation: The Healthlines Service consisted of regular telephone calls to participants from health information advisors, supporting them to make behaviour change and to use tailored online resources. Advisors sought to optimise participants’ medication and to improve adherence. Evaluation: The Healthlines Service was evaluated with linked pragmatic randomised controlled trials comparing the Healthlines Service plus usual care with usual care alone, with nested process and economic evaluations. Participants were adults with depression or raised CVD risk recruited from 43 general practices in three areas of England. The primary outcome was response to treatment and the secondary outcomes included anxiety (depression trial), individual risk factors (CVD risk trial), self-management skills, medication adherence, perceptions of support, access to health care and satisfaction with treatment. Trial results Depression trial: In total, 609 participants were randomised and the retention rate was 86%. Response to treatment [Patient Health Questionnaire 9-items (PHQ-9) reduction of ≥ 5 points and score of < 10 after 4 months] was higher in the intervention group (27%, 68/255) than in the control group (19%, 50/270) [odds ratio 1.7, 95% confidence interval (CI) 1.1 to 2.5; p = 0.02]. Anxiety also improved. Intervention participants reported better access to health support, greater satisfaction with treatment and small improvements in self-management, but not improved medication adherence. CVD risk trial: In total, 641 participants were randomised and the retention rate was 91%. Response to treatment (maintenance of/reduction in QRISK®2 score after 12 months) was higher in the intervention group (50%, 148/295) than in the control group (43%, 124/291), which does not exclude a null effect (odds ratio 1.3, 95% CI 1.0 to 1.9; p = 0.08). The intervention was associated with small improvements in blood pressure and weight, but not smoking or cholesterol. Intervention participants were more likely to adhere to medication, reported better access to health support and greater satisfaction with treatment, but few improvements in self-management. The Healthlines Service was likely to be cost-effective for CVD risk, particularly if the benefits are sustained, but not for depression. The intervention was implemented largely as planned, although initial delays and later disruption to delivery because of the closure of NHS Direct may have adversely affected participant engagement. Conclusion: The Healthlines Service, designed using an evidence-based conceptual model, provided modest health benefits and participants valued the better access to care and extra support provided. This service was cost-effective for CVD risk but not depression. These findings of small benefits at extra cost are consistent with previous pragmatic research on the implementation of comprehensive telehealth programmes for LTCs

Beyond the nation and the state: how Communalist self-government redefines the citizen and the immigrant

Challenging the authority of the State, many municipalities around the world have decided to remedy widespread deficiencies in national immigration policies during the ongoing crisis of the welcoming of refugees. Whether it is under the name of “sanctuary cities”, “rebel cities”, “cities of refuge” or “fearless cities”, cities have organized to welcome and integrate immigrants. These seemingly separate initiatives resonate with a broader movement, alternately dubbed municipalism or communalism, which seeks to transform cities into self-governing entities that challenge the power of the nation-state. Communalism strives to reclaim and exercise popular sovereignty at the municipal level, a scale at which citizens can directly act in the political sphere, instead of at the level of the state, where they are represented by elected bodies which govern them. Drawing on Hannah Arendt’s analysis of the “lost treasures of the revolution”, I will first explain why and how the municipality can be considered as the locus of self-government. Second, I will outline how the relationship of the municipality to the immigrant differs both structurally and empirically from that of the nation-state. Third, I will demonstrate that, since the municipality is the best locus of self-government, it provides a more appropriate framework for securing cosmopolitan norms than does the nation-state. Indeed, after showing how communal self-government and human rights mutually reinforce each other, I will explain how the municipality offers unique potentialities for securing “the right to have rights” defended by Arendt. I will then analyze how the municipality enacts “democratic iterations”, a concept developed by Seyla Benhabib, as it acts in the political sphere to secure the rights of immigrants. Such iterations allow us to consider how communalism redefines the conception of citizenship as post-national and municipalist, thereby offering us a new understanding of what makes a human being part of a demos