Academic literature on the topic 'Federal High Court'

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Journal articles on the topic "Federal High Court"

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Falase-Aluko, Abiola. "New Developments in the Admiralty Jurisdiction of the Federal High Court in Nigeria." Journal of African Law 39, no. 1 (1995): 64–78. http://dx.doi.org/10.1017/s002185530000588x.

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Over 20 years ago, the Federal High Court was created. It is today the only Court with jurisdiction in matters relating to admiralty in Nigeria. This has, however, not been without some teething problems. Disputes arose over what matters fell within the admiralty jurisdiction of the courts and also as to which courts had admiralty jurisdiction. The recent Admiralty Jurisdiction Decree of 1991 addresses these issues by providing a comprehensive local code in line with the International Convention Relating to the Arrest of Sea-going Ships, 1952. This article traces the development of the admiralty jurisdiction of the Federal High Court and examines the scope of its jurisdiction today.
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Bzdera, André. "Comparative Analysis of Federal High Courts: A Political Theory of Judicial Review." Canadian Journal of Political Science 26, no. 1 (March 1993): 3–29. http://dx.doi.org/10.1017/s0008423900002420.

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AbstractConstitutionalists and political scientists often claim that federal high courts are neutral and impartial arbiters of federalism disputes. However, analysis of the political impact of nine federal high courts on the division of powers clearly indicates that such courts are best characterized as centralist and nationalist. This is largely the result of the strong institutional factors that link the federal high court to the political institutions of the central government, notably the process by which federal judges are appointed. The political theory of federalism must thus be modified to take into account the centralist function of judicial review.
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Spaull, Andrew. "The State School Teachers Decision (High Court 1929) Revisited." Australian Journal of Education 31, no. 3 (November 1987): 236–51. http://dx.doi.org/10.1177/000494418703100302.

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The State School Teachers decision of 1929 was recently overturned in the High Court (June 1986) thereby opening up the possibility for federal teachers organizations to obtain registration in the federal arbitration system, and eventually obtain one or more federal awards. The 1929 decision by the High Court of Australia was a significant decision in education and industrial relations, because it prevented state teachers and other public employees obtaining access to federal awards for the next 54 years. The decision, however, was veiled in unsettled legal argument, because the High Court overturned much of its expansive thinking of the 1918–25 period. Later generations of academic lawyers described the decision as a ‘bad one’ or ‘an anomalous decision’, but they and the current High Court failed to give any satisfactory explanation of why the Court had reached its decision. This paper offers such an explanation, arguing that the decision was not based on law (or the educational situation) but on the High Court's perceptions of the politics of federal-state relations in the period. The state teachers who had asked for a High Court ruling on the application of the Commonwealth's industrial relations powers (section 51 XXXV of the Constitution) to their work and employment were thus dragged momentarily onto the centre stage of Australian politics and law. They found themselves denied access to a federal award because the High Court felt that the federal arbitration ‘experiment’ had caused too much embarrassment to the federal system of government.
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Kurtishi, Emir. "The Constitutional Court of the Federal Republic of Germany." SEEU Review 15, no. 2 (December 1, 2020): 143–55. http://dx.doi.org/10.2478/seeur-2020-0023.

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Abstract Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and adjudication of cases from its competence, but surprisingly, in our country, only a few have paid attention to the German Court in a scientific context, which can be seen from the only few materials we possess in the Albanian language. The purpose of this paper is to provide an overview of this Court, so that the comparative aspects can be made, highlighting its advantages and disadvantages, in case of dictating the state need for reform of the Constitutional Courts. Those who have institutionalized this constitutional institution know its value in the system of constitutional justice, which performs it in terms of protection of constitutions, its principles and value, and most importantly in the protection of freedoms and rights of human beings and citizens. The Federal Constitutional Court of Germany, to this date, has conveyed the efficiency of the protection of the German legal order, the serious approach and law interpretation, for the protection of freedoms and human rights, which ranks this court into a high level among all other powers in the German law system. The author, in the following paper, gives an overview of this Court starting with its history, organization and functioning, which today undoubtedly constitutes one of the most important constitutional courts in the world.
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Madeira, Lígia Mori, and Leonardo Geliski. "O combate a crimes de corrupção pela Justiça Federal da Região Sul do Brasil." Revista de Administração Pública 53, no. 6 (December 2019): 987–1010. http://dx.doi.org/10.1590/0034-761220180237.

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Abstract This article studies the operation of the Federal Regional Court of the 4th Region (TRF4) in the fight against corruption crimes. Judgments produced by the TRF4 criminal courts between 2003 and 2016 underwent text analysis using the dictionary method, seeking to outline the profile of crimes and defendants. Despite the changes in the web accountability institutions, with the outbreak of major federal police operations, technological uses, new legal devices and a high degree of concentration between the agencies, there is a small proportion of grand corruption crime, involving middle and high-ranking bureaucrats and more sophisticated crimes with greater financial value. Crimes involving contraband and petty corruption take up much of the day to day of the judiciary in the south region of the country, at least in the criminal intermediate courts, where the judge appeals decisions coming from specialized and generalist criminal courts.
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Plowman, David, and Graham F. Smith. "Moulding Federal Arbitration: The Employers and the High Court 1903-1935–." Australian Journal of Management 11, no. 2 (December 1986): 203–29. http://dx.doi.org/10.1177/031289628601100206.

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Hearn, Mark. "Vitiating the Federal Principle: The High Court Work Choices Case, 2006." Labour History, no. 92 (2007): 129. http://dx.doi.org/10.2307/27516192.

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Hume, David, Andrew Lynch, and George Williams. "Heresy in the High Court? Federalism as a Constraint on Commonwealth Power." Federal Law Review 41, no. 1 (March 2013): 71–93. http://dx.doi.org/10.22145/flr.41.1.3.

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Williams v Commonwealth of Australia is a landmark decision of the High Court on the scope of federal executive power in s 61 of the Constitution. The decision is also important for the interpretive methodology adopted by the Court. Notably, each judge based their understanding of s 61 upon federal readings of the Constitution. This methodology raises fresh questions about how the Constitution is to be interpreted, and whether Williams marks a break from orthodox understandings of that task. This article assesses the significance of Williams for constitutional interpretation in Australia, and whether it lays the foundation for a more robust protection of state interests by the High Court.
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Paige, Mark A., and Audrey Amrein-Beardsley. "“Houston, We Have a Lawsuit”: A Cautionary Tale for the Implementation of Value-Added Models for High-Stakes Employment Decisions." Educational Researcher 49, no. 5 (May 26, 2020): 350–59. http://dx.doi.org/10.3102/0013189x20923046.

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Until recently, legal challenges to the use of value-added models (VAMs) in evaluation and teacher employment decisions in federal court had been unsuccessful. However, in May 2017 a federal court in Texas ruled that plaintiff-teachers established a viable federal constitutional claim to challenge the use of VAMs as a means for their termination in Houston Federation of Teachers v. Houston Independent School District. Houston represents a significant departure from prior federal court rulings that upheld the constitutionality of VAMs to terminate teachers on the basis of poor performance. The Houston court found that the districts’ refusals to release the underlying data of VAM ratings used to terminate those teachers violated the teachers’ procedural due process rights. By denying access to the code, teachers could not protect against the government’s making a mistaken deprivation of their property right to continued right to employment. The authors discuss Houston and its potential impact, limitations, and significance.
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Zellmer, Sandra. "Waiving Federal Sovereign Immunity in Original Actions Between States." University of Michigan Journal of Law Reform, no. 53.2 (2020): 447. http://dx.doi.org/10.36646/mjlr.53.2.waiving.

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There are tremendous disparities between high stakes original actions between states before the U.S. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the federal government to an original action before the Supreme Court. This Article shows how federal sovereign immunity stands in the way of comprehensive resolution of interstate water rights and highlights the need for reforms to facilitate meaningful participation by the United States. In particular, it investigates the merits of a waiver of federal sovereign immunity in original actions between the states. Although federal immunity is a staple of our nation’s jurisprudence, it has no constitutional basis and it serves little purpose in this context. The Article concludes that a congressional waiver of federal sovereign immunity would be appropriate and would have few downsides, at least in the case of original actions between states before the U.S. Supreme Court.
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Books on the topic "Federal High Court"

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Nigeria. Federal High Court law: Federal High Court Act, 2004 : Federal High Court (Civil Procedure) Rules 2009. Nigeria]: [Federal High Court], 2010.

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The Federal High Court: Law and practice. Enugu, Nigeria: Fourth Dimension Publishers, 1986.

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Oyeleye, J. B. Federal High Court (civil procedure rules) 1999. Ilorin, Nigeria: Jiddy Law Publications, 1999.

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Evans, Simon. Work Choices: The High Court challenge. Pyrmont, N.S.W: Thomson, 2007.

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Zacharias, Diana. Australian High Court and German Federal Constitutional Court: A comparison with regard to status and procedure. Aachen: Shaker Verlag, 2005.

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(Lahore), Pakistan High Court. Qadyaniat in the eyes of law: Historical judgments of High Courts, Federal Shariat Court and Supreme Court of Pakistan. Lahore: Ilm-o-Irfan Publishers, 2008.

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Zines, Leslie. Cowen and Zines's federal jurisdiction in Australia. 3rd ed. Annandale, N.S.W: Federation Press, 2002.

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Abuja, (Federal Capital Territory Nigeria) High Court. High Court of the Federal Capital Territory, Abuja: Civil procedure rules, Decree 1989. [Lagos: s.n., 1991.

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Egburonu, Emmanuel. Encyclopedia of legal authorities on the law and practice of the Federal High Court in Nigeria. Lagos, Nigeria: Basic Rights Publications, 2009.

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Access to Justice (Organization : Nigeria). Balance of justice: A second report. Apapa, Lagos [Nigeria]: Access to Justice, 2007.

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Book chapters on the topic "Federal High Court"

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"The High Court and the Constitution." In A Federal Republic, 160–88. Cambridge University Press, 1995. http://dx.doi.org/10.1017/cbo9781139084932.010.

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FISCHMAN, JOSHUA. "The US Supreme Court and Other Federal Courts." In High Courts in Global Perspective, 44–63. University of Virginia Press, 2021. http://dx.doi.org/10.2307/j.ctv1tfw0ff.6.

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"2. The High Court of Australia: Textual Unitarism vs Structural Federalism." In Courts in Federal Countries, 29–68. University of Toronto Press, 2017. http://dx.doi.org/10.3138/9781487511470-005.

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James, Stellios. "Part VI Federalism, Ch.36 Federal Jurisdiction." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0037.

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This chapter identifies the origins, content, and operation of federal jurisdiction in Australia. In the United States the creation of federal jurisdiction was the necessary concomitant of the establishment of the judicial arm of federal government. The same could not be said of the conditions for Australian federalism. Federalism Australian-style did not require a federal system of courts. Further complicating the issue was the ‘autochthonous expedient’: the facility provided to Parliament for the use of State courts to exercise federal jurisdiction. Hence the chapter also seeks to suggest that the discordance between the concept and purpose of federal jurisdiction left the High Court with the challenging task of conceptualizing ‘judicial federalism’. In executing that task, High Court jurisprudence has presented differing conceptions of the place of State courts within the federal judicial system.
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Berkowitz, Daniel, and Karen B. Clay. "Legal Initial Conditions." In The Evolution of a Nation. Princeton University Press, 2011. http://dx.doi.org/10.23943/princeton/9780691136042.003.0002.

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THIS CHAPTER EXAMINES colonial legal systems and their effects on the balance of power between the state legislature and the state high court. It argues that the balance of power is important because it determines the extent to which the state high court can act as a constraint on the legislature and the elites more broadly. Establishing and maintaining an appropriate balance of power has been and remains a critical issue at both the state and the federal levels. Thus, the chapter conducts a detailed examination of the settlement history and historical operation of courts in what would become the American states.
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Kristen, Walker. "Part IV Practice and Process, Ch.19 Authority of the High Court of Australia." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0020.

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This chapter considers both the foundations for, and the content of, the High Court's authority in Australia. It focuses principally on the current authority of the High Court, but with reference to some aspects of its history. The chapter first explains the Court's constitutional status as Australia's apex court, performing the role of both constitutional court and ultimate appellate court for both federal and State matters. It next outlines the institutional features of the Court that underpin its authority, in particular its composition and independence. The chapter then examines the Court's authority to enforce constitutional limits through judicial review of legislative action. Lastly, the chapter considers the Court's authority to review executive action and the constitutional foundation for that role.
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Rosen, Richard A., and Joseph Mosnier. "School Desegregation and the Swann Case." In Julius Chambers. University of North Carolina Press, 2016. http://dx.doi.org/10.5149/northcarolina/9781469628547.003.0010.

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This chapter examines Chambers's and his firm's immense contributions to the legal campaign to end school desegregation in the U.S. Chambers filed federal lawsuits against scores of recalcitrant school districts across North Carolina. His most significant victory was the landmark Swann v. Charlotte-Mecklenburg Board of Education ruling from the U.S. Supreme Court in 1971, hailed as the most significant schools ruling since Brown v. Board of Education in 1954. Litigating Swann at trial, Chambers convinced federal District Court Judge James B. McMillan to authorize the busing and other remedies to overcome a system of racially dual schools. Later, still just 34-years old, Chambers argued the case for the Legal Defense Fund at the U.S. Supreme Court. Chief Justice Warren Burger's unanimous opinion appeared an unqualified endorsement by the High Court of the use of aggressive remedies finally to defeat school desegregation. By the mid-1970s Charlotte had come to serve as a national model of successful transition to desegregated schools.
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Michael, Crommelin. "Part VI Federalism, Ch.35 The Federal Principle." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0036.

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This chapter seeks to determine the content of the federal principle in Australia from the historical context of the Constitution, the text and structure of the Constitution, and the jurisprudence of the High Court of Australia. The federal principle is a foundational element of the Constitution, along with representative democracy, responsible government, separation of judicial power, and the rule of law. The Commonwealth of Australia Constitution Act 1900 (UK) provided for the people of the six Australian colonies to be united in ‘a Federal Commonwealth under the name of the Commonwealth of Australia’, a self-governing polity within the British Empire. Hence, the chapter reveals three core ingredients of the federal principle: multiple polities, limited authority of polities, and reciprocal responsibility among polities. These ingredients are tightly intertwined.
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Wurster, Charles F. "Escalating the DDT Issue with More Court Cases." In DDT Wars. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780190219413.003.0013.

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While HEW and USDA pondered these appellate court decisions, we turned our attention to several more local DDT problems. From a New York Times article (May 3, 1970), we learned that the Olin Chemical Corporation was manufacturing about 20% of the nation’s DDT in buildings owned by the federal government and leased to Olin on the site of the U.S. Army’s Redstone Arsenal near Huntsville, Alabama. A DDT-contaminated effluent from this plant was leaking into the Wheeler National Wildlife Refuge at concentrations known to inhibit reproduction of birds and fish. The refuge also served as a drinking water supply for the city of Decatur, implying a human health hazard as well. Downriver fisherman were also eating their catch, thus concentrating DDT to higher levels as well. In October 1969, the federal Water Quality Administration had recommended a stricter pollution control standard for the Olin plant. Olin said it could not meet that standard, and the Army then overruled the Water Quality Administration’s recommendation. So on June 5, 1970, EDF, along with the National Audubon Society and the National Wildlife Federation, sued in Federal District Court against Olin, the Department of the Army, and the Corps of Engineers seeking to stop the DDT-contaminated discharge. The complaint was written by EDF’s new attorney, Edward Lee Rogers. I supplied the scientific support, which was easy, since it was similar, although steadily expanding, to the Wisconsin hearings and the USDA and HEW cases. Only three days later Olin threw in the towel! On June 8 Olin decided to close its DDT plant and no longer make DDT. DDT apparently was not worth defending. They said they had reached that decision shortly before our case was filed. True or not, it was a quick and easy victory. We needed it. We had won by winning. Even as the legal briefs went back and forth between EDF, USDA, HEW, and the appeals court, another DDT battle was brewing in California. For years scientists had been puzzled by the extremely high levels of DDT contamination along the coast of Southern California compared with other marine environments.
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Calabresi, Steven Gow. "The Commonwealth of Australia." In The History and Growth of Judicial Review, Volume 1, 229–62. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0007.

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This chapter traces the development of judicial review in Australia, which was modeled on the U.S. system of judicial review. Australian judicial review evolved out of a need for an umpiring body in federalism and separation of powers cases. Indeed, the original purpose of the Australian High Court under the Australian Constitution was to umpire federalism disputes between the Commonwealth and the six Australian states, which predated the federal government of Australia; and to ensure that the traditionally guaranteed rights and freedoms of British subjects under the common law and responsible parliamentary government were respected regarding Australia’s citizens. The Australian Constitution does not have a Bill of Rights or an enumerated Judicial Review clause, but it does limit and enumerate the broad powers of the Australian federal government. The Framers of the Australian Constitution, like the Framers of the U.S. Constitution, assumed that the courts would have the power of judicial review. As a result, there is, in Australia, judicial review in federalism and separation of powers umpiring cases but not in Bill of Rights cases since there is essentially no Australian Bill of Rights.
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Conference papers on the topic "Federal High Court"

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Jakubick, Alexander T., and Manfred Hagen. "Environmental Risk and Costs/Benefits of the WISMUT Remediation." In ASME 2003 9th International Conference on Radioactive Waste Management and Environmental Remediation. ASMEDC, 2003. http://dx.doi.org/10.1115/icem2003-4982.

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The Uranium mining and milling activities in Eastern Germany before reunification produced more than 232 000 t of U. Following reunification, £ 6.6 billion were committed to remediation of the left behind liabilities. The inventory of the liabilities comprises operations areas (37 km2), waste rock dumps (311 M m3), tailings (160 M m3), an open pit (84 M m3) and five large underground mines (1.53 M m3). The specific activities are 0.5 to 1 Bq/g for the waste rock, 10 Bq/g for the tailings, up to 500 Bq/g for the water treatment residues and 0.2 to 1 Bq/g for scrap metal. The remediation of the risk associated with this inventory is carried out by WISMUT GmbH. The legal framework of the remediation is set by the Federal Mining Act, the Atomic Act, the Radiation Protection Ordinance and the Water Resources Management Act. The large number and variety of objects that release contaminants at very different rates require, remedial measures to be planned and optimized in an integral way for each site. The integration is done on the basis of Conceptual Site Models (CSM). The CSM helps to balance among the objects the remedial effort, the allocation of resources and allows to flexibly adapt remedial measures to the site/object-specific conditions while maintaining conceptual consistency and focus on the overall remediation goals without compromising essential details. The remediation necessity of individual objects or areas is investigated, justified and the type of remedial measures selected on the basis of Remedial Investigation/Feasibility Studies (RI/FS). In the RI/FS the calculated individual effective dose to the public caused by the object/area in the nonremediated and remediated state is compared with the reference level of 1 mSv per year. Based on RI/FS contaminated areas are remediated either for unrestricted or for restricted use. Waste rock piles are remediated by covering in situ, by relocation and/or by backfilling into an open pit. Currently, approximately 40,000 tons of waste rock are backfilled into a pit per day. Backfilling follows a geochemically optimized placement procedure. In cases where the remediation object was judged vulnerable, remediation was supported by risk assessment. A probabilistic risk assessment was used to justify the dry remediation of the tailings ponds. Technically, the most challenging part of dry tailings remediation is the stabilization of the soft, under-consolidated slimes having a high excess pore water pressure and very low shear strengths. Because total cleanup and relocation of contaminants are not always feasible, the remediation is commonly done by covering of the contaminated object or area, i.e. by confinement. The covers used are either barrier covers that limit infiltration by having a low permeability layer incorporated or an evaporative cover which maximizes infiltration storage till it is removed by evapotranspiration. The largest sources of contaminant release are the discharges from flooded mines and from dewatering of the tailings ponds. Discharge rates vary from 30 m3/h to 1000 m3/h. Because the contaminants load in the discharging mine water decreases with time causing the conventional water treatment to become uneconomic, various alternative water treatment technologies are tested at WISMUT to identify suitable and cost efficient replacement options. Considerable amounts of contaminated debris and scrap metals arise from decommissioning and demolition of the structures. The aim is to categorize and recycle the uncontaminated portion of the scrap metal. The categorization of the scrap metal into contaminated and uncontaminated is by measuring the beta-count rate in the field. To improve the selectivity of the field monitors, specially prepared standards reflecting the operational history of the metal at the particular site are used to calibrate the instruments. Approximately £ 3.9 billion were invested into the remediation by end of 2002. A rough calculation of the specific costs of WISMUT remediation when using re-assessed total costs turned out to be approximately £ 22.6 per kg of U3O8 produced. Considering that this sum includes the indirect costs, the specific remediation costs appear in an international comparison very reasonable.
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