State Liability

The first issue is whether a State is liable to compensate an airline for loss of business caused as a result of the closure of airspace. lATA s claim that the European Union closed airspace over European States without logical reason and proper evaluation of the threat posed by volcanic ash in airspace over European 

Recommended Practice 4.8. The report should be made in the form of a volcanic activity report comprising the following information in the order indicated (a) message type, Volcanic Activity Report (b) station identifier, location indicator or name of station (c) date/time of message (d) location of volcano and name if known and (e) concise description of event including, as appropriate, level of intensity of volcanic activity, occurrence of an eruption and its date and time, and the existence of a volcanic ash cloud in the area together with direction of ash cloud movement and height. 

States hints at such liability. Giovanni Bisignani, Director General and CEO of lATA said  

We are far enough into this crisis to express our dissatisfaction on how govemmcaits have managed it - with no risk assessment, no consultation, no coradinatirai, and no leadership. This crisis is costing airlines at least 200 million a day in lost revenues and the European economy is suffering billions of dollars in lost business. In the face of such dire economic consequences, it is incredible that Europe s transport ministers have taken five elays to organize a teleconference.  

British Airways requested financial compensation from the European Union and the British Government for the closure of airspace, basing its claim on the fact that its test flight through the designated no-fly zmie revealed that there were no variations in normal operatitMial performance. British Airways Chief Executive Willie Walsh is alleged to have said  

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Strict liability A legal concept that states liability lies with the party best able to prevent injury or absorb its costs even if that party was not responsible for causing the specific injury in question through negligence or intent. 

Of interest over the next months, perhaps years, will be the proposed Product Liability Act prepared by the Senate Commerce Committee. The central thrust of the bill is to create a federal product liability law which would preempt state liability statutes but retain the jurisdiction of the state courts. 

Another commentator " discusses what he calls the separate delict theory in State responsibility, whereby the only direct responsibility of the State is when it is responsible for its own wrongful conduct in the context of private acts, and not for the private acts themselves. He also contends that indirect State responsibility is occasioned by the State s own wrongdoing in reference to the private terrorist conduct. The State is not held responsible for the act of terrorism itself, but rather for its failure to prevent and/or punish such acts, or for its active support for or acquiescence in terrorism. Arguably the most provocative and plausible feature in this approach is the introduction by the commentator of the desirability of determining State liability on the theory of causation. He emphasizes that ... 

As referred to above, most of the modules involve the intervention of a third party, the so-called notified bodies. These bodies are designated by Member States as being competent to carry out the certification tasks for which they are notified. As a precondition for their notification they must fulfil the minimum criteria which are set out in the relevant directives. These conditions vary from independence, impartiality and professional integrity, to technical competence, possession of or access to necessary facilities and to liability insurance. Once notified, the Commission publishes a list of all notified bodies in the Official Journal, It is worth noting that there is free competition between notified bodies and that manufacturers can make their own choice from all notified bodies notified within the European Union. 

B) Any contamination of the environment or damage to natural resources at a facility owned or operated hy Seller or a facility/location chosen hy Seller for its disposal of Wastes or any other facility at which Seller s Wastes may he released or threatened to he released, including any liability imposed by federal, state and local laws, regulations and ordinances, including, but not limited to, the Federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 USC 9601 etseq., the Federal Resource Conservation and Recovery Act (RCRA), 42 USC 6901 et seq., or comparable and applicable state legal requirements or any extension or revision thereof or... 

As previously stated, a business can be held legally liable to pay compensation (damages) for injury or damage caused by its activities, and a successful action against it may result in large financial demands upon the business. Liability insurance ensures that, subject to satisfactory compliance with specified conditions and procedures by the insured, funds are available for a business if it is held... 

As stated in previous sections of this chapter, there exists at all times a statutory and common law duty on all employers (which includes all engineers) to maintain a safe working environment for all their employees and the public at large. Additionally, it is contractual obligation on the insured under liability insurance policies to maintain the best reasonable standards of working procedures, equipment and the environment at all times. Consequently, there is a duty on all engineers to conduct their... 

Ciraulo DA, Sands BE, Shader RI Critical review of liability for benzodiazepine abuse among alcoholics. Am J Psychiatry 145 1501-1506, 1988b Ciraulo DA, Barnhill JG, Ciraulo AM, et al Parental alcoholism as a risk factor in benzodiazepine abuse a pilot smdy. Am J Psychiatry 146 1333-1335, 1989 Ciraulo DA, Antal EJ, Smith RB, et al The relationship of alprazolam dose to steady-state plasma concentrations. J Clin Psychopharmacol 10 27—32, 1990 Ciraulo DA, Sarid-Segal O, Knapp C, et al Liability to alprazolam abuse in daughters of alcoholics. Am J Psychiatry 153 956-958, 1996 Ciraulo DA, Barnhill JG, Ciraulo AM, et al Alterations in pharmacodynamics of anxiolytics in abstinent alcoholic men subjective responses, abuse liability, and electroencephalographic effects of alprazolam, diazepam, and buspirone. J Clin Pharmacol 37 64-73, 1997... 

The distinction between software as a product and software as a service seems more relevant to research. As Prince [22] suggests, the fact that software is sold and used as a prepackaged item means that strict liability obtains. Should there be a defect in the software, the manufacturer is held liable. Flowever, and especially with research, software is often written with a specific purpose in mind. As such, the programmer is providing a service rather than a product. In the case of software written specifically for a certain research purpose, the liability may not fall exclusively on the software provider. In those situations, it behooves the researcher to be very clear in knowing and stating his or her purposes to the programmer. 

Under the new petroleum UST regulations, financial assurance (between ca. 0.5 and 1 million USD per occurrence or between 1 and 2 million USD for aggregate coverage) is required to cover both the cost of any required corrective action, and compensation for third-party liability from accidental release. State and federally owned facilities are exempt from these requirements. 

API publications may be used by anyone desiring to do so. Every effort has been made by the Institute to assure the accuracy and reliability of the data contained in them however, the Institute makes no representation, warranty, or guarantee in connection with this publication and hereby expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state or municipal regulation with which this publication may conflict. 

In international law, as in domestic law, criminal liability requires two essential elements — action and state-of-mind. This court is being called upon to enforce the doctrine of international penal law — bom centuries ago, accepted by all major nations after the first World War, and first judicially applied by the International Military Tribunal — that the deliberate planning and waging of aggressive war is a crime. 

By analogy to the initial work on trifluoromethyl ketones as ZBGs in their hydrated forms [34], as in compounds 12, silanol versions 13 have been developed. HDAC1 and 8 assays are mentioned in the patent application, but activities are not stated, nor is there any indication of whether the compounds suffer similar metabolic liabilities [35]. 

LIMIT OF LIABILITY/DISCLAIMER OF WARRANTY THE PUBLISHER AND AUTHOR HAVE USED THEIR BEST EFFORTS IN PREPARING THIS BOOK. THE PUBLISHER AND AUTHOR MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THIS BOOK AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTIONS CONTAINED IN THIS PARAGRAPH. NO WARRANTY MAY BE CREATED OR EXTENDED BY SALES REPRESENTATIVES OR WRITTEN SALES MATERIALS. THE ACCURACY AND COMPLETENESS OF THE INFORMATION PROVIDED HEREIN AND THE OPINIONS STATED HEREIN ARE NOT GUARANTEED OR WARRANTED TO PRODUCE ANY PARTICULAR RESULTS, AND THE ADVICE AND STRATEGIES CONTAINED HEREIN MAY NOT BE SUITABLE FOR EVERY INDIVIDUAL. NEITHER THE PUBLISHER NOR AUTHOR SHALL BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COM-MERCIAL DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ... 

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