Relevant bibliographies by topics / Advisory opinion

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Advisory opinion'

Author: Grafiati
Published: 4 June 2021
Last updated: 25 April 2022

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Journal articles on the topic "Advisory opinion"

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Paprocka, Ada, and Michał Ziółkowski. "Advisory opinions under Protocol No. 16 to the European Convention on Human Rights." European Constitutional Law Review 11, no. 2 (September 2015): 274–92. http://dx.doi.org/10.1017/s1574019615000176.

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European Court of Human Rights – Protocol No. 16 to the European Convention on Human Rights – Protocol No. 16 as part of the European Court of Human Rights reform – Advisory opinions under Protocol No. 16 – Authority requesting an advisory opinion – The subject matter of an advisory opinion – Legal consequences of advisory opinions
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Espinoza Bautista, Josselyn. "Human rights as a protection mechanism for the environment: is it possible to include IACHR’s Advisory Opinion 23/17 in the Ecuadorian legal system?" USFQ Law Review 6, no. 1 (August 12, 2019): 19. http://dx.doi.org/10.18272/lr.v6i1.1398.

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The Inter-American Court of Human Rights, on November 15th of 2017, issued an Advisory Opinion on the environment and human rights. The relevance of this Opinion is reflected in the development made by the Court on state obligations in relation to the environment. The Court recognized the “undeniable relationship between the protection of the environment and the realization of other human rights”. In this virtue, this article seeks to scrutinize and synthesize the foundations of the Advisory Opinion. Finally, since advisory opinions are not binding nor obligatory for Ecuador (or any other state), this article develops an analysis on one possible solution (conventionality control) for the inclusion of Advisory Opinion 23/17 in the Ecuadorian legal system.
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Savoie, Pierre-Olivier. "The ICJ, Advisory Opinions, and the Judicial Function: Between Adjudication and Consultation." Canadian Yearbook of international Law/Annuaire canadien de droit international 42 (2005): 35–90. http://dx.doi.org/10.1017/s0069005800008493.

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SummaryLegal commentators have not always considered advisory opinions as a legitimate judicial function. Under both national and international law, it is often considered that only ripe controversies can be legitimately decided by a court of law. Under international law, advisory opinions are also criticized for undermining sovereignty when consent is not obtained from all states affected by the matter. By examining the International Court of Justice’s (ICJ) advisory opinions in light of comparative law, the author argues that this criticism underestimates the evolution of the judicial function, as much in international as in national law. The advisory opinion is a mode of social ordering that stands somewhere between consultation and adjudication. The advisory opinion not only adopts most of adjudication’s characteristics but abo has the added flexibility of consultation because it can consider a wider spectrum of opinions than can adversary procedures. The ICJ’s advisory opinions can almost be assimilated to adjudication. Considering that they have also greatly contributed to the development of international law, the ICJ’s advisory opinions remain an integral and legitimate part of the court’s judicial function.
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VIDMAR, JURE. "The Kosovo Advisory Opinion Scrutinized." Leiden Journal of International Law 24, no. 2 (May 6, 2011): 355–83. http://dx.doi.org/10.1017/s0922156511000057.

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AbstractIn the Kosovo Advisory Opinion, the International Court of Justice took the position that Kosovo's unilateral declaration of independence did not violate any applicable rules of international law. This article does not dispute the final finding, but rather critically examines the Court's somewhat controversial reasoning and considers the added value of the opinion for the clarification of legal doctrine in relation to unilateral declarations of independence. An argument is made that the Court's interpretation of the question and the identification of the authors of the declaration had significant implications for the Court's final finding. Yet, the Court cannot be criticized for not answering the question of whether or not Kosovo is a state, whether Kosovo Albanians are beneficiaries of the right of self-determination, or even whether the ‘right to remedial secession’ is applicable. However, the Court may well have implicitly answered that recognition of Kosovo is not illegal.
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Mejía-Lemos, Diego. "Advisory Opinion OC-22/16." American Journal of International Law 111, no. 4 (October 2017): 1000–1006. http://dx.doi.org/10.1017/ajil.2017.91.

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On February 26, 2016, the Inter-American Court of Human Rights (Court) issued an advisory opinion requested by the Republic of Panama (Advisory Opinion). The request stemmed from “doubts among States” as to whether “legal persons, being legal fictions, are not as such entitled to rights” (Request) (para. 2). The Court unanimously held that legal persons are not entitled to rights under the American Convention on Human Rights (Convention) because Article 1.2 of the Convention establishes rights only in favor of natural persons. The Court, also unanimously, reiterated that indigenous and tribal communities are entitled to rights under the Convention. By majority vote, the Court held that labor union organizations are entitled to rights under the Protocol of San Salvador (Protocol). The Advisory Opinion is most significant for its finding regarding labor union organizations and for its analysis of how general international law relates to various aspects of the Inter-American system.
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Kuźniak, Brygida, and Danuta Kabat-Rudnicka. "Advisory Opinion or Judgment? The Case of the Chagos Archipelago." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 13 (December 31, 2021): 45–75. http://dx.doi.org/10.14746/ppuam.2021.13.03.

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The aim of this article is to provide an analysis of the ICJ’s advisory opinion of 25 February 2019 on the Chagos Archipelago. It will endeavour to answer the following questions: (i) is it consistent with the letter and the spirit of international law for the ICJ to issue advisory opinions in cases involving a dispute between states, which, due to the lack of consent from one of the states, cannot be brought before the ICJ and be settled by a judgment of that judicial body?; (ii) is such a ruling the right way to settle the issue of decolonization?; and (iii) did Brexit play any role in the case under discussion? The article begins by describing the background to the dispute between the UK and Mauritius. The focus of the analysis then shifts to the nature of advisory opinions and the 2019 ICJ advisory opinion on the Chagos Archipelago. Next, the authors discuss the possible impact of Brexit on the dispute between the UK and Mauritius itself, as well as on the UK’s international standing in general. The article concludes with reflections on voluntarism in international law. The authors conclude that de lege lata an authorized body or organization may ask the ICJ for an advisory opinion in situations where it believes that such an opinion would be useful for its work. However, such advisory opinions should not have the character of authoritative court statements made in pending disputes between sovereign states. As a consequence, such opinions should refer only to abstract legal problems, which means that in some cases the ICJ should refrain from issuing them.
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Kateka, James L. "Advisory Proceedings before the Seabed Disputes Chamber and before the ITLOS as a Full Court." Max Planck Yearbook of United Nations Law Online 17, no. 1 (2013): 159–71. http://dx.doi.org/10.1163/18757413-90000083.

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Advisory Opinions are of interest as they have the potential to develop law. The Seabed Disputes Chamber possesses such competence and has already used it. According to article 138 of its Rules the International Tribunal for the Law of the Sea has such an advisory competence and – since the beginning of 2013 – it is faced with a request for an Advisory Opinion. It will have to deal with the admissibility of this Advisory Opinion in abstracto as well as in concreto and thus shed some light on the legal parameters for such an exercise of jurisdiction.
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Orakhelashvili, Alexander. "Kosovo: The Post-advisory Opinion Stage." International Journal on Minority and Group Rights 22, no. 4 (October 27, 2015): 486–510. http://dx.doi.org/10.1163/15718115-02204003.

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The Unilateral Declaration of Independence by Kosovar authorities in Pristina in 2008 has generated heavy legal and political controversies. The delivery by the International Court of Justice of its advisory opinion on Kosovo unilateral declaration of independence in 2010 has not led to the elimination of unilateralist positions as to Kosovo’s status. Such unilateralist approach, favouring Kosovo’s independence either in principle or in practice, has since been adopted by the local Kosovar authorities, a number of governments and by the European Union. This contribution addresses the merit of such unilateralist positions and examines whether these positions could adversely affect the legal position as to Kosovo’s status under general international law as well as un Security Council resolution 1244 (1999).
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Tanaka, Yoshifumi. "Reflections on the Advisory Jurisdiction of itlos as a Full Court: The itlos Advisory Opinion of 2015." Law and Practice of International Courts and Tribunals 14, no. 2 (August 24, 2015): 318–39. http://dx.doi.org/10.1163/15718034-12341296.

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In its advisory opinion of 2 April 2015, the International Tribunal for the Law of the Sea (itlos) broke new ground in the itlos jurisprudence, by stating that the full Tribunal has an advisory jurisdiction. However, the legal basis of the advisory jurisdiction of itlos as a full court is not free from controversy. An issue also arises with regard to the admissibility of the request for an advisory opinion. Given that the itlos jurisprudence concerning advisory proceedings is still in its early stages, the advisory jurisdiction of itlos as a full court deserves serious consideration. Thus, this contribution will seek to examine the legal basis of the advisory jurisdiction of itlos as a full court and the admissibility of the request for an advisory opinion by focusing on the 2015 itlos advisory opinion.
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Zarikyan, Karen Barseghi. "THE ROLE OF DOMESTIC AUTHORITIES IN EFFECTIVE APPLICATION OF ADVISORY OPINION PROCEDURE UNDER THE PROTOCOL № 16 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS." Administrative law and process, no. 3(26) (2019): 126–39. http://dx.doi.org/10.17721/2227-796x.2019.3.08.

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The purpose of the article is to underline that the comprehensive implementation of the Protocol № 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms depends on the appropriate efforts of the member States. Both the parliaments and the highest courts of the member States should take certain measures to achieve the goals persuaded by the Protocol. Thus, it is important to examine the risks of the Protocol’s implementation to find out what specific activity should be performed by the member States to minimize problems and provide for maximum benefits. In particular, advisory opinions are not biding, so the opinion of the European Court’s of Human Rights may be ignored; it can lead to delays in the proceedings before the domestic courts themselves; there is a risk that it might generate additional workload for the Court. However, the risks can be managed and in the end the advantages of advisory opinion procedure’s application outweigh its disadvantages. The article involves some important recommandations for domestic parliaments to establish sufficient procedural rules and judicial bodies to make requests in proper manner. It is also argued that domestic parliaments should inter alia establish effective mechanisms of applying for advisory opinion by domestic courts and requests by domestic courts and tribunals should be based on appropriate guidelines and explanations. Sited recommandations are of great importance for Post-Soviet countries to apply the Protocol more correctly and widely. As the international experience of requesting for advisory opinion is quite poor, it makes examples of it even more significant. So, the article also introduces two sample cases of requesting for advisory opinion made by the French Court of Cassation and the Constitutional Court of Armenia accordingly. Getting acquainted with the content and the purposes of this experience will maintain the level of application of advisory opinion procedure.
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Dissertations / Theses on the topic "Advisory opinion"

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Sagüés, Néstor Pedro. "The advisory opinion of the Interamerican Court in the conventionality control." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/122881.

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This article discusses the conventionality control according to the jurisprudence of the interamerican Court of Human rights. Particularly, the author analyzes whether advisory opinions, like judgments, constitute the “controlling material” of the conventionality control. in this way, the author presents and discusses theses derived from the referred jurisprudence, to conclude that the interpretative guidelines contained in advisory opinions of the interamerican Court of Human rights constitute the “controlling material” under certain circumstances.
El presente artículo aborda el control de convencionalidad según la jurisprudencia emitida por la Corte interamericana de Derechos Humanos. En particular, el autor se detiene a analizar si las opiniones consultivas, al igual que una sentencia, pueden constituir el “material controlante” del control de convencionalidad. De esta forma, el autor expone y examina las principales tesis que se derivan de la referida jurisprudencia, para concluir los lineamientos interpretativos contenidos en opiniones consultivas de la Corte interamericana de Derechos Humanos valen como el “material controlante” bajo ciertas circunstancias.
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Stones, Wilna Anneke. "The evaluation of the subtropical crops extension and advisory service (Subtrop) as perceived by farmer members and extension advisors in the subtropical regions, South Africa." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/29115.

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In order to minimize duplication, consolidate resources and strengthen industry representation to government, the South African Avocado Growers Association (SAAGA), South African Litchi Growers Association (SALGA), South African Macadamia Growers Association (SAMAC) and the South African Mango Growers Association (SAMGA); amalgamated under an umbrella organization called Subtrop. This study focuses on the pre and post effect the amalgamation had on Extension services to the abovementioned organizations. The effect was measured by conducting a survey. The survey measured both Subtrop member and relevant Subtrop staff responses. The survey used two questionnaire types, one for Subtrop members and one for Subtrop extension advisors. The questionnaires were designed to complement the SPPS V19.0® statistical package. The questionnaires were completed at group interview sessions. A total of 127 farmer respondents, divided in two groups, namely 90 farmer respondents and 37 opinion leader respondents participated in the external survey. The internal survey comprised of six Subtrop extension advisor respondents. Farmer and opinion leader respondents, (hereafter called respondents), provided their perceptions and rated the extension services of the technical department of Subtrop. Results showed that the respondents used the Extension services for on farm advice and group based Extension services like study groups. The Subtrop Extension services received a higher rating after the Subtrop amalgamation than before the amalgamation. Subtrop extension advisor responses showed a need for training and coaching, as well as some reconciliation with respect to the increase in work load afforded by the amalgamation. Pre-amalgamation extension advisors served one commodity, while post amalgamation extension advisors now serve four commodities. The respondents indicated their satisfaction with the organizing of study groups. They also indicated that the study groups met their needs. Although the respondents understood the value of intercommunication and participation, the study showed that the minority realized the need to take ownership of study groups. All the extension advisors indicated that organizing study groups was the single activity that used most of their time. The Subtrop study groups were rated higher after the Subtrop amalgamation than before. The Subtrop newsletters were rated higher after the Subtrop amalgamation. The respondents indicated the newsletters as valuable and therefore proved newsletters as an appropriate extension communication tool. The Subtrop websites were indicated as somewhat valuable. Most respondents indicated a lack of awareness of the websites, indicating a need to promote the websites better. Although very few respondents completed the marketing related services section of the survey, those that completed this section were all aware of this service. The following recommendations emerged: For extension advisors:
  • The development of a curriculum of Subtrop commodities for training purposes;
  • Regular technical and soft-skill training;
  • The development of a mentorship program; and
  • For new extension advisors an orientation program which includes the above mentioned.
To improve the Extension service outputs: programmed extension and the implementation of area committees. Additional focus on communication and exit interviews. For farmer members:
  • Study group management needs to be improved, combine newsletters, improve awareness of research and promote websites and market services.
  • Further: develop an extension policy, maximize area committee involvement and regular member feedback surveys.

Dissertation (MSc)--University of Pretoria, 2012.
Agricultural Economics, Extension and Rural Development
unrestricted
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Rauch, Gary Lugg Elizabeth T. "Using principal components analysis to analyze results of a community survey during a school building referendum." Normal, Ill. Illinois State University, 1999. http://wwwlib.umi.com/cr/ilstu/fullcit?p9960421.

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Thesis (Ed. D.)--Illinois State University, 1999.
Title from title page screen, viewed July 27, 2006. Dissertation Committee: Elizabeth Lugg (chair), James Martindale, James Palmer, Al Azinger. Includes bibliographical references (leaves 134-142) and abstract. Also available in print.
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Lafon, Nelson Wade. "Evolution of stakeholder knowledge, attitudes, and opinions throughout a participative process to develop a management plan for black bears in Virginia." Thesis, Virginia Tech, 2002. http://hdl.handle.net/10919/9602.

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Wildlife management requires understanding resources and involving stakeholders. The process Virginia Department of Game and Inland Fisheries (VDGIF) and Virginia Tech used to develop a black bear (Ursus americanus) management plan during 1999-2001 provided me with opportunities to understand diverse stakeholders and examine influences of participation on stakeholder knowledge, attitudes, and opinions concerning bear management. I used focus groups (with 5 key stakeholder groups), pre- and post-planning surveys, and interviews. I surveyed VDGIF biologists and managers (N = 21), members of a stakeholders advisory committee (N = 15), and members of 3 constituent groups representing bear hunters (N = 459), beekeepers (N = 442), and environmental interests (N = 500). I interviewed advisory committee members to validate survey results and evaluate the bear management plan. Participation apparently improved constituents' knowledge about bear management and their image of VDGIF bear management, and increased their support for controversial management options (e.g., lethal methods), but did not affect their opinions about bear hunting. Participation apparently had little effect on VDGIF staff opinions about bear management. Knowledge varied widely among constituent organizations. Bear hunting continues to be one of the most central, yet divisive, bear management issues in Virginia. Advisory committee members and VDGIF staff expressed satisfaction with the bear management plan and the planning process. Recommendations for wildlife decision-making processes include: balance science and public values in management, use multiple public involvement techniques, establish collaborative forums among stakeholders, reach out to all stakeholders, and nurture relationships with constituents during implementation.
Master of Science
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Mealor, Rachel D. "Exurban landowners in Wyoming their land management and how they are perceived by natural resource advisors /." Laramie, Wyo. : University of Wyoming, 2007. http://proquest.umi.com/pqdweb?did=1402175921&sid=1&Fmt=2&clientId=18949&RQT=309&VName=PQD.

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Persaud, Radhakrishnan. "The role of judicial advisory opinions in Canadian constitutionalism and federalism, the Senate, patriation and Quebec veto reference cases considered." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0012/NQ31948.pdf.

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Sanford, Michele L. "Attitude toward gay and lesbian students: an investigation of resident advisors at Virginia Tech." Thesis, Virginia Tech, 1994. http://hdl.handle.net/10919/40642.

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Flores, Cristiano Vilhalba. "Do controle de convencionalidade à harmonização jurídica : a legitimidade do particular em postular opiniões consultivas ao tribunal permanente de revisão do Mercosul." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2017. http://hdl.handle.net/10183/164489.

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No presente trabalho busca-se demonstrar a inovação trazida pela regulamentação dos Estados-partes do Mercosul, especialmente pela brasileira, que conferiu ao particular o direito subjetivo de postular Opiniões Consultivas diretamente ao Tribunal Permanente de Revisão. Para tanto, destaca-se a condição de sujeito de direito internacional adquirida pelo particular por meio de normas advindas de integrações entre Estados soberanos. Da mesma forma, a importância que possui um tribunal legitimado e com atribuições claras, tendo por exemplos a União Europeia e da Organização dos Estados Americanos, onde o Tribunal de Justiça e Corte Interamericana de Direitos Humanos são reconhecidos como responsáveis diretos pelo sucesso destes blocos. Dentre suas competências, destaca-se o protagonismo que tiveram as suas faces consultivas, representadas pelo reenvio prejudicial e pelas opiniões consultivas, respectivamente, instrumentos que não foram apenas responsáveis pela harmonização das legislações internas com a norma da integração, mas também por criar uma verdadeira cooperação jurisdicional entre organismos jurisdicionais interacionais e as jurisdições nacionais. Institutos que se assemelham às opiniões consultivas do Mercosul, cuja legitimação em postulá-las diretamente ao Tribunal Permanente de Revisão é conferida ao particular de forma inovadora em processos de integração.
This paper seeks to demonstrate the innovation brought about by the regulations of the Mercosur States Parties, especially by the Brazilian, which gave the individual the subjective right to apply for Consultative Opinions directly to the Permanent Review Tribunal. In order to do so, the condition of being a subject of international law acquired by the individual is highlighted, through norms derived from integrations between sovereign states. Likewise, the importance of a legitimate and clearly defined court, for example the European Union and the Organization of American States, where the Court of Justice and the Inter-American Court of Human Rights are recognized as directly responsible for the success of these blocs. Among its competences, the leading role played by advisory opinions, represented by the reference for a preliminary ruling and by the advisory opinions respectively, were not only responsible for the harmonization of domestic legislation with the integration rule but also for creating a genuine Jurisdictional cooperation between national courts and national courts. Institutes that resemble the consultative opinions of Mercosur, whose legitimacy in postulating them directly to the Permanent Review Tribunal is given to the individual in an innovative way in integration processes.
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Franco, Arias Billy. "The binding nature of the opinions of the Supervisory Agency for State Procurement." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118471.

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In the first part of this essay, the author describes the regulatory regime governing the issuance of opinions by the Supervising Agency of the Government Procurement (OSCE) in Peru. In the second, there is a series of interpretative elements of the binding nature of opinions of OSCE that were provided by the legislature and that institution. The third is a review of the doctrinarian characteristics that defined the institution of the Administrative Advisory Service. And finally, in the fourth part, the author proposes an interpretation of the meaning and scope of the binding nature of opinions of OSCE, with focus on their application across the various stages of government procurement in Peru.
En la primera parte de este artículo se describe el régimen normativo que regula la emisión de opiniones por parte del Organismo Supervisor de las Contrataciones del Estado en el Perú. En la segunda, se recogen una serie de elementos interpretativos del carácter vinculante que el legislador nacional le ha dado a esas opiniones. La tercera hace una revisión de las características con que la doctrina define a la Función Administrativa Consultiva. Y en la cuarta, finalmente, se propone una interpretación del sentido y alcance del carácter vinculante de las opiniones, con especial énfasis en su aplicación durante las diversas etapasde la contratación pública en el Perú.
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Sow, Idrissa. "La protection de l’ordre juridique sous-régional par les Cours de justice : contribution à l’étude de la fonction judiciaire dans les organisations ouest-africaines d’intégration." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40029.

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Aux lendemains des indépendances, les Etats de l’Afrique de l’Ouest ont constitués entre eux des organisations d’intégration économique dans le but de favoriser leur développement économique et social.Ces organisations conçues pour la plupart à partir du modèle Européen dispose d’une personnalité juridique autonome et d’un corps de règles propres ayant vocation à s’insérer de façon uniforme dans l’ordre juridique interne des différents Etats membres. Le fonctionnement harmonieux de ce système suppose l’existence d’un organe indépendant chargé, entre autres, de veiller à l’équilibre général du dispositif et d’assurer une interprétation uniforme des normes communautaires.Dans le cadre de l’UEMOA comme de La CEDEAO, cette fonction de protection est exercée par des organes juridictionnels intégrés dont la mission principale consiste à veiller au respect du droit dans l’interprétation et dans l’application des Traités constitutifs.L’objectif visé, à travers cette contribution, est de faire observer que le dispositif de protection mis en place fonctionne, d’une part, par les mécanismes de coopération institués entre les cours de justice et les autres composantes du système communautaire et d’autre part par le contrôle juridictionnel exercé sur les organes communautaires et les Etats membres
After being freed from colonization, the West African States have set up commonly economic integration organizations to promote their economic and social development.The creation of the majority of those organizations is based on the European example and they have an independent legal personality and a body with specific rules in charge of integrating uniformly the internal legal environment of the different Member States.The harmonious functioning of the system requires, among others, the existence of an independent structure designed to take control of the general balance organization and achieve a uniform interpretation of the Community norms. Within the framework of the WAEMU as well as in the ECOWAS, this protective function is delegated to integrated judicial bodies whose main mission consists in making sure that a submission to the law related to the interpretation and compliance with Treaties is effective.The goal of such a contribution is to point out that the settled protection device is functioning, on the one hand, by the cooperation mechanisms introduced by justice courts and the other components of the Community system and, on the other hand, by the judicial control over the community structures and the Member States
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Books on the topic "Advisory opinion"

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Moody, Sandra L. Advisory opinion on school choice. Malden, Mass: Commonwealth of Massachusetts, Dept. of Education, 1994.

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Massachusetts. Dept. of Education. Advisory opinion on student discipline. [Malden, Mass.] (350 Main St., Malden 02148-5023): Commonwealth of Massachusetts, Dept. of Education, 1994.

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Massachusetts. Dept. of Education. Special education appeals advisory opinion explanation. Malden, Mass: Commonwealth of Massachusetts, Dept. of Education, 1997.

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Legal opinion letters formbook. 3rd ed. New York, NY: Aspen Publishers, 2010.

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Commission, Massachusetts Cable Television. Advisory opinion: Conflicts of interest arising out of membership on a cable advisory committee. Boston, Mass: Commonwealth of Massachusetts, Dept. of Consumer Affairs & Business Regulation, Cable Television Commission, 1996.

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Zan, Myint. Mini nuke strikes: ICJ advisory opinion and unilateral undertakings. Port Vila, Vanuatu: University of the South Pacific School of Law, 2003.

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Institute, Pennsylvania Bar. Developments in legal opinion letters. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2005.

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United Nations. General Assembly. Legality of the threat or use of nuclear weapons: Request for advisory opinion by the General Assembly of the United Nations : advisory opinion. The Hague: International Court of Justice, 1996.

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Organization, World Health. Legality of the use by a state of nuclear weapons in armed conflict: Request for advisory opinion by the World Health Organization : advisory opinion. The Hague: International Court of Justice, 1996.

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Kosovo and international law: The ICJ advisory opinion of 22 July 2010. Leiden: M. Nijhoff Publishers, 2012.

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Book chapters on the topic "Advisory opinion"

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Momtaz, Djamchid. "Israel and the Fourth Geneva Convention: On the ICJ Advisory Opinion Concerning the Separation Barrier." In Yearbook of International Humanitarian Law, 344–55. The Hague: T.M.C. Asser Press, 2006. http://dx.doi.org/10.1007/978-90-6704-761-6_9.

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McLaren, Richard. "Cas Advisory Opinions." In ASSER International Sports Law Series, 180–93. The Hague: T.M.C. Asser Press, 2006. http://dx.doi.org/10.1007/978-90-6704-591-9_14.

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Oellers-Frahm, Karin. "Lawmaking Through Advisory Opinions?" In International Judicial Lawmaking, 69–98. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-29587-4_3.

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Christiansen, Per. "Article 34 [Advisory opinion]." In Agreement on the European Economic Area, 1032–40. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845275796-1032.

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Walter, Christian. "The Kosovo Advisory Opinion." In Self-Determination and Secession in International Law, 13–26. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780198702375.003.0002.

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"The ICJ Advisory Opinion." In Nuclear Weapons Law, 186–96. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781009052634.010.

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"Advisory Opinion of 1 February 2011." In Reports of Judgments, Advisory Opinions and Orders / Recueil des arrêts, avis consultatifs et ordonnances, Volume 11 (2011), 7–78. Brill | Nijhoff, 2012. http://dx.doi.org/10.1163/9789004208643_003.

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Papanicolopulu, Irini, and Thomas Burri. "Human Rights and the Chagos Advisory Opinion." In The International Court of Justice and Decolonisation, 187–206. Cambridge University Press, 2021. http://dx.doi.org/10.1017/9781108893770.010.

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Fobé, Ellen, Benjamin Biard, Nathalie Schiffino, and Marleen Brans. "Policy advisory bodies in Belgium." In Policy Analysis in Belgium. Policy Press, 2017. http://dx.doi.org/10.1332/policypress/9781447317258.003.0008.

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In Belgium, there are about 250 advisory bodies at the federal level and 46 at the regional level. These advisory bodies tend to be highly integrated into the policy-making cycle. They also seem to rely more on experience-based expertise than on academic expert opinion, which is not surprising in a consensus-based political system with neo-corporatist traits where traditional stakeholder groups possess policy-making powers. This chapter analyses the cross-regional and cross-government variation of the nature and role of advisory bodies. It also discusses how the policy advisory system has become subject of reforms that seek to meet four challenges: restoring political primacy in policy-making, dealing with growing advice competition, addressing the coincidence of expert advice and representative opinion, and securing societal support for policy interventions from groups other than traditional representative organizations.
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Murphy, Sean D. "Reflections on the ICJ Advisory Opinion on Kosovo." In The Law and Politics of the Kosovo Advisory Opinion, 134–66. Oxford University Press, 2015. http://dx.doi.org/10.1093/acprof:oso/9780198717515.003.0008.

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Conference papers on the topic "Advisory opinion"

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Al Otaibi, Jameela, Samir Elloumi, Ali Jaoua, and Abdelali Hassaine. "Using conceptual reasoning for inconsistencies detection in Islamic advisory opinion (Fatwas)." In 2015 IEEE/ACS 12th International Conference of Computer Systems and Applications (AICCSA). IEEE, 2015. http://dx.doi.org/10.1109/aiccsa.2015.7507097.

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Kokke, Marcelo. "Advisory opinion: o mito da inexistência de controle abstrato de constitucionalidade nos Estados Unidos." In II Congresso Internacional de Direito Constitucional e Filosofia Política. Initia Via, 2016. http://dx.doi.org/10.17931/dcfp2015_v03_a41.

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VINOHRADNIK, Krystyna. "THE AGRICULTURAL ADVISORY SERVICES AND AKIS SYSTEMS IN ESTONIA, LITHUANIA AND LATVIA – THE COMPARISON STUDY." In Rural Development 2015. Aleksandras Stulginskis University, 2015. http://dx.doi.org/10.15544/rd.2015.089.

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The paper based on the results of survey, which have been done under EU project titled „Prospects for Farmers’ Support Advisory Services in European AKIS (PRO AKIS)”, carried under FP7 in 27 EU countries. The paper contains the analysis of AKIS systems in three European Countries – Estonia, Latvia and Lithuania. The discussed subject is the comparison study of the chosen results of survey of agriculture, the history of creation the agricultural advisory system, and the structures of agricultural advisory and systems of knowledge, information and innovation flows. The analysed three Baltic countries, in spite of nearly half century of their links by common history and central command of economy policy, after regaining independence, they chosen individual ways to build the AKIS structures. In these processes they used patterns taken from some Western Europe countries, and reached different results. In Estonia, at the moment the AKIS structure is under discussion, because the linkages between AKIS actors are still weak. In Latvia the question is the influence inside AKIS system of three policies – for agriculture, for education and for science – giving as a result the weak cooperation between AKIS actors. In Lithuania, according experts opinion, the AKIS system is working well, and the linkages and cooperation between AKIS actors are rather good. The general conclusion of discussed subject is, that AKIS system in term of its organisation and structure, is working well only under condition, that the linkages and cooperation between its actors are very strong and integrated.
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Baldwin, Richard M., Anthony J. Smalley, Ralph E. Harris, and George H. Quentin. "Development of a Knowledge Based Advisory System Based on Vibration of a Peaking Gas Turbine." In ASME 1992 International Gas Turbine and Aeroengine Congress and Exposition. American Society of Mechanical Engineers, 1992. http://dx.doi.org/10.1115/92-gt-053.

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This paper describes the process of knowledge development and interpretation for a particular model of power generation combustion turbine and generator. The knowledge derives from three sources: fundamental understanding of rotordynamics; the experience of experts in troubleshooting this particular turbine; and in-depth analysis of vibration data acquired during every start-up and run of several examples. The data acquisition system is operated via modem from any phone tine to provide operational data for review. The knowledge is to be applied in two ways. A Post Trip Analysis will provide the operator with advice on what to do when the unit trips, based upon the data obtained during the tripped run and previously acquired characteristics. The Post Trip Analysis will have knowledge which, when compared with the acquired data factors about vibration, and historical characteristics of the specific machine or the fleet, will give a recommended action. This application is designed to be available moments after the trip has occurred. The second application of knowledge is for health assessment. A software module will automatically analyze each day’s data when the file is completed. The volume of data is reduced to a smaller, very descriptive set of data which is saved and compared with previous runs. These analyses are to be performed at the two critical speeds of the turbine and generator, as well as the normal running speed. One planned test for health assessment is to seek deviations: characteristics which fall outside the statistically normal range for the unit in question; characteristics which fall outside the desirable range based on expert opinion; and distinct unexplained changes during a run. The paper illustrates the development and application of the knowledge base.
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Ramos, Dawson, Pradeepkumar Ashok, Michael Yi, John D’ Angelo, Ian Rostagno, Spencer Bohlander, Taylor Thetford, et al. "A Real-Time Probabilistic Slide Drilling Dysfunction Advisory to Assist Remote Directional Drilling Operations." In SPE Annual Technical Conference and Exhibition. SPE, 2021. http://dx.doi.org/10.2118/205984-ms.

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Abstract Current slide drilling practices rely heavily on the intuition of the directional drillers to identify and correct drilling dysfunctions. Monitoring numerous dysfunctions simultaneously requires more complex analysis than can be done manually in real-time. There is also currently a big shift towards remote directional drilling. And as such, there is the need for a tool that can, in real-time, diagnose slide drilling dysfunctions accurately and provide advisory to both the remote directional drillers and rig crew. This paper proposes a method for a real-time slide drilling advisory system consisting of a probabilistic model which computes the likelihood that various slide drilling dysfunctions are occurring and an algorithm that determines what corrective action, if any, should be taken as a result. The dysfunction types monitored include buckling, high friction, poor toolface control, stick slip, and bit bounce. The model employs a Bayesian network which uses evidence derived from transient drilling data trends to infer the probability that any of the five considered dysfunctions are taking place. Data trends known to correlate with each dysfunction type are considered simultaneously to ensure that all dysfunction types are monitored continuously. As dysfunction probabilities are calculated, the algorithm cross references them with current drilling parameters and contextual data to determine necessary corrective actions. Corrective actions are output in the form of simple drilling parameter changes shown on a customizable graphical display. The dysfunction beliefs calculated were validated using historical data gathered from North America land drilling operations. For high friction and poor toolface control, known instances of dysfunction were identified using information in drilling logs and expert opinion and used for validation. The validation process resulted in a further refinement of the model. The proposed model along with graphical advisory displays were deployed on rigs in several North American land well drilling operations, as well as in the remote directional drilling center. While there is a lot of prior work that enables identification of rotary drilling dysfunctions in real-time, this is the first method that diagnoses slide drilling dysfunctions in real-time. The approach combines physics based models with a Bayesian network to improve accuracy and robustness in dysfunction detection. Additionally, it considers both real-time drilling data as well as drilling data from the past when diagnosing dysfunctions and facilitates remote directional drilling.
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Lee, Young Wook, Suk Hoon Kim, Young Ho Cho, Hyun Seok Ko, Dong Hoon Shin, Joo Hyun Moon, and Chang Sun Kang. "Consensus Based Nuclear Public-Hearing System Model." In 14th International Conference on Nuclear Engineering. ASMEDC, 2006. http://dx.doi.org/10.1115/icone14-89722.

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Although the government admit the benefit of construction of a nuclear facility for national electric source, related policy could be developed and carried out only if the public, especially who have some stake on it, recognize the benefit and accept the policy. For public participation, Korea has a system of public-hearing in accordance with the law. Because of the absence of the detailed way for public opinion aggregation and for the reflection of the aggregated opinion, Korean public-hearing system is only a conceptual model. Therefore, some specific system for Korean Public-Hearing should be developed and applied. In this study, to share the right of decision making, which is an ultimate concept for public participation, decision making components and the characteristics of each phase are analyzed. The criteria weight for assessment and comparison with alternatives are founded as a valuation factor of the decision making components, which should be based on the social consensus. On these foundations, a system for aggregation and reflection of the public opinion was proposed. The system named “CPDM” (Consensus based Participatory Decision Making) has three authority groups for decision making. At first, “advisory experts group” play a role for the technical assessment and the serve utility value on the criteria for each alternatives. Next, “participatory deliberation group” play a role for consensus building on the relative-importance (weight) between the criteria by feedback to promote degree of consensus. Lastly including gentlemen of the long robe, “expert group for decision making” paly a role to reflect the utility and weight and make a decision with agreement for performance of it. Also, in this study, a mathematical model for the quantification of the degree of consensus was conceptualized using Ordered Weighted Averaging (OWA) aggregation operator and fuzzy similarity theory, which is a comparison concept. Since this model enables influence of each criteria and each participant on collective consensus to be analyzed, a direction to promote consensus building can be derived. That is to say, this model can support consensus building and promote public acceptance for the nuclear industry and related policy.
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Von Fischer, Sabine. "Listening and the League of Nations: Acoustics Are the Argument." In LC2015 - Le Corbusier, 50 years later. Valencia: Universitat Politècnica València, 2015. http://dx.doi.org/10.4995/lc2015.2015.495.

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Abstract: In the debates following the 1926–27 competition for the new headquarters of the League of Nations in Geneva, the acoustic aspect was largely overlooked. The competition coincided with the formation of architectural acoustics as a profession and an academic discipline. Looking at this coincidence sheds new light on the reasoning of Peter Meyer and Sigfried Giedion, who, in support of Le Corbusier and Pierre Jeanneret’s scheme, gave remarkable prominence to arguments about acoustics. The transmission of speech in the large Assembly Hall with seating for 2,700 could not be resolved by traditional techniques, and opinions on the modern method of electroacoustic amplification differed greatly. The protagonists who stepped forward in favor of Le Corbusier and Pierre Jeanneret’s scheme, for which Gustave Lyon served as acoustic advisor, emphasized the sound quality of their design for the large Assembly Hall. Despite the acoustically infeasible competition brief, they declared literal understanding, based on the intelligibility of speech, to be a fundamental function of the League of Nations headquarters. The questions raised in this paper relate to architecture’s aurality and visuality, as well as claims concerning function in debates on Modernism. Diplomatic understanding was evidently at stake in the League of Nations’ political program, but, curiously, literal understanding was neglected in the acoustic design for the Assembly Hall by many of the competitors and the jury, and—apart from a short remark by Jacques Gubler in 1985 —was subsequently overlooked by historians. Keywords: acoustics; function; functionality; League of Nations; Gustave Lyon; Franz Max Osswald. DOI: http://dx.doi.org/10.4995/LC2015.2015.495
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Schneider, Jerry, Jeffrey Wagner, and Judy Connell. "Restoring Public Trust While Tearing Down Site in Rural Ohio." In The 11th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2007. http://dx.doi.org/10.1115/icem2007-7319.

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In the mid-1980s, the impact of three decades of uranium processing near rural Fernald, Ohio, 18 miles northwest of Cincinnati, became the centre of national public controversy. When a series of incidents at the uranium foundry brought to light the years of contamination to the environment and surrounding farmland communities, local citizens’ groups united and demanded a role in determining the plans for cleaning up the site. One citizens’ group, Fernald Residents for Environmental Safety and Health (FRESH), formed in 1984 following reports that nearly 300 pounds of enriched uranium oxide had been released from a dust-collector system, and three off-property wells south of the site were contaminated with uranium. For 22 years, FRESH monitored activities at Fernald and participated in the decision-making process with management and regulators. The job of FRESH ended on 19 January this year when the U.S. Secretary of Energy Samuel Bodman and U.S. Environmental Protection Agency Administrator Stephen Johnson — flanked by local, state, and national elected officials, and citizen-led environmental watchdog groups including FRESH — officially declared the Fernald Site clean of all nuclear contamination and open to public access. It marked the end of a remarkable turnaround in public confidence and trust that had attracted critical reports from around the world: the Cincinnati Enquirer; U.S. national news programs 60 Minutes, 20/20, Nightline, and 48 Hours; worldwide media outlets from the British Broadcasting Company and Canadian Broadcasting Company; Japanese newspapers; and German reporters. When personnel from Fluor arrived in 1992, the management team thought it understood the issues and concerns of each stakeholder group, and was determined to implement the decommissioning scope of work aggressively, confident that stakeholders would agree with its plans. This approach resulted in strained relationships with opinion leaders during the early months of Fluor’s contract. To forge better relationships, the U.S. Department of Energy (DOE) who owns the site, and Fluor embarked on three new strategies based on engaging citizens and interested stakeholder groups in the decision-making process. The first strategy was opening communication channels with site leadership, technical staff, and regulators. This strategy combined a strong public-information program with two-way communications between management and the community, soliciting and encouraging stakeholder participation early in the decision-making process. Fluor’s public-participation strategy exceeded the “check-the-box” approach common within the nuclear-weapons complex, and set a national standard that stands alone today. The second stakeholder-engagement strategy sprang from mending fences with the regulators and the community. The approach for dispositioning low-level waste was a 25-year plan to ship it off the site. Working with stakeholders, DOE and Fluor were able to convince the community to accept a plan to safely store waste permanently on site, which would save 15 years of cleanup and millions of dollars in cost. The third strategy addressed the potentially long delays in finalizing remedial action plans due to formal public comment periods and State and Federal regulatory approvals. Working closely with the U.S. and Ohio Environmental Protection Agencies (EPA) and other stakeholders, DOE and Fluor were able to secure approvals of five Records of Decision on time – a first for the DOE complex. Developing open and honest relationships with union leaders, the workforce, regulators and community groups played a major role in DOE and Fluor cleaning up and closing the site. Using lessons learned at Fernald, DOE was able to resolve challenges at other sites, including worker transition, labour disputes, and damaged relationships with regulators and the community. It took significant time early in the project to convince the workforce that their future lay in cleanup, not in holding out hope for production to resume. It took more time to repair relationships with Ohio regulators and the local community. Developing these relationships over the years required constant, open communications between site decision makers and stakeholders to identify issues and to overcome potential barriers. Fluor’s open public-participation strategy resulted in stakeholder consensus of five remedial-action plans that directed Fernald cleanup. This strategy included establishing a public-participation program that emphasized a shared-decision making process and abandoned the government’s traditional, non-participatory “Decide, Announce, Defend” approach. Fernald’s program became a model within the DOE complex for effective public participation. Fluor led the formation of the first DOE site-specific advisory board dedicated to remediation and closure. The board was successful at building consensus on critical issues affecting long-term site remediation, such as cleanup levels, waste disposal and final land use. Fluor created innovative public outreach tools, such as “Cleanopoly,” based on the Monopoly game, to help illustrate complex concepts, including risk levels, remediation techniques, and associated costs. These innovative tools helped DOE and Fluor gain stakeholder consensus on all cleanup plans. To commemorate the outstanding commitment of Fernald stakeholders to this massive environmental-restoration project, Fluor donated $20,000 to build the Weapons to Wetlands Grove overlooking the former 136-acre production area. The grove contains 24 trees, each dedicated to “[a] leader(s) behind the Fernald cleanup.” Over the years, Fluor, through the Fluor Foundation, also invested in educational and humanitarian projects, contributing nearly $2 million to communities in southwestern Ohio, Kentucky and Indiana. Further, to help offset the economic impact of the site’s closing to the community, DOE and Fluor promoted economic development in the region by donating excess equipment and property to local schools and townships. This paper discusses the details of the public-involvement program — from inception through maturity — and presents some lessons learned that can be applied to other similar projects.
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