Pub Date : 2020-09-23DOI: 10.4324/9781315752013-14
Filippo Lorenzon
{"title":"International Trade and Shipping Documents","authors":"Filippo Lorenzon","doi":"10.4324/9781315752013-14","DOIUrl":"https://doi.org/10.4324/9781315752013-14","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78385680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
U OF I FACILITIES STANDARDS Page 1 of 1 SAFETY AND COMPLIANCE LAST REVIEWED NOVEMBER 1, 2018 The Division of Safety and Compliance (S&C) functions in direct support of the mission of the University of Illinois at Urbana-Champaign. The U of I is committed to providing safe and healthful facilities for faculty, staff, students, and visitors. The design and construction of new or remodeled buildings / facilities shall conform to the following Construction Guidelines, most of which can be found at http://safetyandcompliance.fs.illinois.edu/ .
U OF I设施标准1页1安全与合规最后审查2018年11月1日安全与合规部(S&C)的职能直接支持伊利诺伊大学厄巴纳-香槟分校的使命。大学致力于为教职员工、学生和访客提供安全和健康的设施。新建或改建建筑物/设施的设计和建造须符合下列建造指引，大部分指引可于http://safetyandcompliance.fs.illinois.edu/找到。
{"title":"Safety and Compliance","authors":"Filippo Lorenzon","doi":"10.4324/9781315162904-9","DOIUrl":"https://doi.org/10.4324/9781315162904-9","url":null,"abstract":"U OF I FACILITIES STANDARDS Page 1 of 1 SAFETY AND COMPLIANCE LAST REVIEWED NOVEMBER 1, 2018 The Division of Safety and Compliance (S&C) functions in direct support of the mission of the University of Illinois at Urbana-Champaign. The U of I is committed to providing safe and healthful facilities for faculty, staff, students, and visitors. The design and construction of new or remodeled buildings / facilities shall conform to the following Construction Guidelines, most of which can be found at http://safetyandcompliance.fs.illinois.edu/ .","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80028170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-23DOI: 10.4324/9781315162904-12
M. Tsimplis
{"title":"Procedures for Enforcement","authors":"M. Tsimplis","doi":"10.4324/9781315162904-12","DOIUrl":"https://doi.org/10.4324/9781315162904-12","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82906337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-23DOI: 10.4324/9781315752013-21
M. Tsimplis
{"title":"Marine Pollution from Shipping Activities","authors":"M. Tsimplis","doi":"10.4324/9781315752013-21","DOIUrl":"https://doi.org/10.4324/9781315752013-21","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75738639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-23DOI: 10.4324/9781315752013-16
C. Debattista
{"title":"Cargo Claims and Bills of Lading","authors":"C. Debattista","doi":"10.4324/9781315752013-16","DOIUrl":"https://doi.org/10.4324/9781315752013-16","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72461940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Charterparties","authors":"Yvonne Baatz","doi":"10.4324/9780203730416","DOIUrl":"https://doi.org/10.4324/9780203730416","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73985574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-23DOI: 10.4324/9781315752013-12
Yvonne Baatz
{"title":"The Conflict of Laws","authors":"Yvonne Baatz","doi":"10.4324/9781315752013-12","DOIUrl":"https://doi.org/10.4324/9781315752013-12","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83410477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper outlines the severe impact that the Protecting Access to Care Act would have on victims of malpractice who have suffered grave injuries, and also explains how the bill would nearly eliminate patients’ ability to recover damages when doctors or hospitals provide negligent care. Part II of this paper will examine some of the limits that this bill would impose and the impact it would have on injured patients’ ability to recover damages. Part III will describe those entities that are truly driving this bill and what their motives for doing so are. Part IV will clarify some of the misconceptions about tort reform and caps on damages and why the enactment of this bill would ultimately do more harm than good. Finally, Part V will examine the benefits of medical malpractice litigation and why it is imperative to ensure that patients have the ability to find redress in a court of law.
{"title":"Medical Liability Erased: How the Protecting Access to Care Act of 2017 Limits Patients’ Access to Proper Care","authors":"B. Cohen","doi":"10.5195/JLC.2019.161","DOIUrl":"https://doi.org/10.5195/JLC.2019.161","url":null,"abstract":"This paper outlines the severe impact that the Protecting Access to Care Act would have on victims of malpractice who have suffered grave injuries, and also explains how the bill would nearly eliminate patients’ ability to recover damages when doctors or hospitals provide negligent care. Part II of this paper will examine some of the limits that this bill would impose and the impact it would have on injured patients’ ability to recover damages. Part III will describe those entities that are truly driving this bill and what their motives for doing so are. Part IV will clarify some of the misconceptions about tort reform and caps on damages and why the enactment of this bill would ultimately do more harm than good. Finally, Part V will examine the benefits of medical malpractice litigation and why it is imperative to ensure that patients have the ability to find redress in a court of law.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84967058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
IP arbitrability in international commercial disputes enshrines the friction between traders and holders, between private contracts and public registers, between party autonomy and mandatory rules. Particularly, non‑arbitrability of invalidity defenses concerning registered industrial intellectual property rights has been insufficiently analyzed as a crucial matter of recognition and enforcement of international awards. Consequently, a sound economic rationale on grounds of competitive advantages is disregarded in too many instances. Having regarded the ever‑growing importance of IP rights for companies’ productivity and today’s primary use of arbitration in cross‑border contracting, the present research aims at pointing that out. It applies a transaction cost economics approach and takes into account the legal comparative background. The study finally examines arbitrability of IP validity with inter‑partes effect as an operable solution and the advantages of a predictable model as was early adopted by the United States.
{"title":"Economics of Arbitrability in International IP Contracting","authors":"Miquel dels Sants Mirambell Fargas","doi":"10.5195/JLC.2019.164","DOIUrl":"https://doi.org/10.5195/JLC.2019.164","url":null,"abstract":"IP arbitrability in international commercial disputes enshrines the friction between traders and holders, between private contracts and public registers, between party autonomy and mandatory rules. Particularly, non‑arbitrability of invalidity defenses concerning registered industrial intellectual property rights has been insufficiently analyzed as a crucial matter of recognition and enforcement of international awards. Consequently, a sound economic rationale on grounds of competitive advantages is disregarded in too many instances. Having regarded the ever‑growing importance of IP rights for companies’ productivity and today’s primary use of arbitration in cross‑border contracting, the present research aims at pointing that out. It applies a transaction cost economics approach and takes into account the legal comparative background. The study finally examines arbitrability of IP validity with inter‑partes effect as an operable solution and the advantages of a predictable model as was early adopted by the United States.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73273859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Under the modern international human rights regime, all people are entitled to two categories of rights: civil and political rights and economic, social, and cultural rights. While the judicial enforcement of civil and political rights is commonly accepted in virtually every country in the world, there is a significant degree of hostility towards the judicial enforcement of economic, social, and cultural rights. Critics have long held that the enforcement of these rights in the courtroom would be inherently undemocratic and unmanageable. This belief, and the general aversion to the judicial enforcement of these rights, is primarily rooted in the fact that the enforcement of these rights would require compelling the government to spend vast sums of money in the form of welfare programs. However, India has overcome these criticisms and emerged as a model for the enforcement of these rights. The following paper will serve to lay a foundational understanding of the modern international human rights regime, look to the functionality of both sets of rights, and examine how Indian jurisprudence has come to allow the enforcement of economic, social, and cultural rights in the courtroom. From there, this paper will examine PUCL v. Union of India, the landmark case that recognized the right to food in India, the impact this case has on the lives of the Indian people, and the economic impact of protecting the right to food in an attempt to demonstrate that the judicial enforcement of these rights is not only possible, but can also be done in an effective manner.
在现代国际人权制度下，所有人都享有两类权利:公民权利和政治权利以及经济、社会和文化权利。虽然公民权利和政治权利的司法执行在世界上几乎每个国家都被普遍接受，但对经济、社会和文化权利的司法执行存在很大程度的敌意。长期以来，批评人士一直认为，在法庭上行使这些权利本质上是不民主的，也是难以管理的。这种信念，以及对司法执行这些权利的普遍反感，主要源于这样一个事实，即执行这些权利需要迫使政府以福利计划的形式花费大量资金。然而，印度克服了这些批评，成为行使这些权利的典范。下面的文章将奠定对现代国际人权制度的基本理解，着眼于这两套权利的功能，并研究印度法理如何允许在法庭上执行经济、社会和文化权利。在此基础上，本文将研究承认印度食物权的里程碑式案例PUCL v. Union of India，此案对印度人民生活的影响，以及保护食物权的经济影响，试图证明这些权利的司法执行不仅是可能的，而且可以以有效的方式完成。
{"title":"India: A Model for the Enforcement of Economic, Social, and Cultural Rights","authors":"Lawrenz Fares","doi":"10.5195/JLC.2019.162","DOIUrl":"https://doi.org/10.5195/JLC.2019.162","url":null,"abstract":"Under the modern international human rights regime, all people are entitled to two categories of rights: civil and political rights and economic, social, and cultural rights. While the judicial enforcement of civil and political rights is commonly accepted in virtually every country in the world, there is a significant degree of hostility towards the judicial enforcement of economic, social, and cultural rights. Critics have long held that the enforcement of these rights in the courtroom would be inherently undemocratic and unmanageable. This belief, and the general aversion to the judicial enforcement of these rights, is primarily rooted in the fact that the enforcement of these rights would require compelling the government to spend vast sums of money in the form of welfare programs. However, India has overcome these criticisms and emerged as a model for the enforcement of these rights. The following paper will serve to lay a foundational understanding of the modern international human rights regime, look to the functionality of both sets of rights, and examine how Indian jurisprudence has come to allow the enforcement of economic, social, and cultural rights in the courtroom. From there, this paper will examine PUCL v. Union of India, the landmark case that recognized the right to food in India, the impact this case has on the lives of the Indian people, and the economic impact of protecting the right to food in an attempt to demonstrate that the judicial enforcement of these rights is not only possible, but can also be done in an effective manner.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89622122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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