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Note: This is the original 2012 report. An updated 2014 law review article is available as 1 Tex. A&M. L. Rev. 411. This report provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle's steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the report, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles. The report's largely descriptive analysis, which begins with the principle that everything is permitted unless prohibited, covers three key legal regimes: the 1949 Geneva Convention on Road Traffic, regulations enacted by the National Highway Traffic Safety Administration (NHTSA), and the vehicle codes of all fifty US states. The Geneva Convention, to which the United States is a party, probably does not prohibit automated driving. The treaty promotes road safety by establishing uniform rules, one of which requires every vehicle or combination thereof to have a driver who is "at all times ... able to control" it. However, this requirement is likely satisfied if a human is able to intervene in the automated vehicle's operation. NHTSA's regulations, which include the Federal Motor Vehicle Safety Standards to which new vehicles must be certified, do not generally prohibit or uniquely burden automated vehicles, with the possible exception of one rule regarding emergency flashers. State vehicle codes probably do not prohibit-but may complicate-automated driving. These codes assume the presence of licensed human drivers who are able to exercise human judgment, and particular rules may functionally require that presence. New York somewhat uniquely directs a driver to keep one hand on the wheel at all times. In addition, far more common rules mandating reasonable, prudent, practicable, and safe driving have uncertain application to automated vehicles and their users. Following distance requirements may also restrict the lawful operation of tightly spaced vehicle platoons. Many of these issues arise even in the three states that expressly regulate automated vehicles. The primary purpose of this report is to assess the current legal status of automated vehicles. However, the report includes draft language for US states that wish to clarify this status. It also recommends five near-term measures that may help increase legal certainty without producing premature regulation. First, regulators and standards organizations should develop common vocabularies and definitions that are useful in the legal, technical, and public realms. Second, the United States should closely monitor efforts to amend or interpret the 1969 Vienna Convention, which contains language similar to the Geneva Convention but does not bind the United States. Third, NHTSA should indicate the likely scope and schedule of potential regulatory action. Fourth, US states should analyze how their vehicle codes would or should apply to automated vehicles, including those that have an identifiable human operator and those that do not. Finally, additional research on laws applicable to trucks, buses, taxis, low-speed vehicles, and other specialty vehicles may be useful. This is in addition to ongoing research into the other legal aspects of vehicle automation.
"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
A collection of United Nations documents associated with the drafting of the Universal Declaration of Human Rights, these volumes facilitate research into the scope of, meaning of and intent behind the instrument's provisions. It permits an examination of the various drafts of what became the thirty articles of the Declaration, including one of the earliest documents – a compilation of human rights provisions from national constitutions, organised thematically. The documents are organised chronologically and thorough thematic indexing facilitates research into the origins of specific rights and norms. It is also annotated in order to provide information relating to names, places, events and concepts that might have been familiar in the late 1940s but are today more obscure.
The author presided over the Nuclear Non-Proliferation Treaty Review and Extension Conference (NPTREC) in 1995, which decided to extend the treaty indefinitely. The conference also reviewed the performance of the treaty over the 1990-1995 period. This book is an analytical record of a major multilateral conference, involving 175 countries, that succeeded in adopting final decisions without a vote. With the 2005 review taking place in May 2005, amid major concerns over non-adherence to the treaty and non-disclosure by several states, this is a relevant dissection of elements that can lead to successful outcomes in such multilateral conferences.
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Is the Armenian Genocide a strictly historical matter? If that is the case, why is it still a topical issue, capable of causing diplomatic rows and heated debates? The short answer would be that the century old Armenian Genocide is much more than a historical question. It emerged as a political dilemma on the international arena at the San Stefano peace conference in 1878 and has remained as such into our days. The disparity between knowledge and acknowledgement, mainly ascribable to Turkey’s official denial of the genocide, has only heightened the politicization of the Armenian question. Thus, the memories of the WWI era refuse to be relegated to the pages of history but are rather perceived as a vivid presence. This is the result of the perpetual process of politics of memory. The politics of memory is an intricate and interdisciplinary negotiation, engaging many different actors in the society who have access to a wide range of resources and measures in order to achieve their goals. By following the Armenian question during the past century up to its Centennial Commemoration in 2015, this study aims to explain why and how the politics of memory of the Armenian Genocide has kept it as a topical issue in our days.