Academic literature on the topic 'Nuisance law'
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Journal articles on the topic "Nuisance law"
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Parker, Benjamin. "A CONTINUED NUISANCE." Cambridge Law Journal 61, no. 2 (2002): 239–94. http://dx.doi.org/10.1017/s000819730228160x.
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It is well established that in the tort of private nuisance an occupier of land is liable not only for those nuisances which he has created, but also for those which he has continued. An occupier continues a nuisance which exists on his land if, with actual or constructive knowledge of its existence, he fails to take reasonable steps to eliminate it. Two recent decisions, in the rather different contexts of root encroachment by a London plane tree and flooding from a sewer, have provided guidance on the legal consequences of continuing a nuisance.
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Hanley, James G. (James Gerald). "Parliament, Physicians, and Nuisances: The Demedicalization of Nuisance Law, 1831-1855." Bulletin of the History of Medicine 80, no. 4 (2006): 702–32. http://dx.doi.org/10.1353/bhm.2006.0127.
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Malcolm, R. "Statutory Nuisance." Journal of Environmental Law 14, no. 1 (2002): 121–23. http://dx.doi.org/10.1093/jel/14.1.121.
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Ford, John D. "Planning A Nuisance." Cambridge Law Journal 52, no. 1 (1993): 15–17. http://dx.doi.org/10.1017/s0008197300017116.
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Steele, Jenny, and Tim Jewell. "Nuisance and Planning." Modern Law Review 56, no. 4 (1993): 568–74. http://dx.doi.org/10.1111/j.1468-2230.1993.tb01888.x.
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Wilde, Mark. "Nuisance Law and Environmental Protection: A Study of Nuisance Injunctions in Practice." Journal of Legal History 36, no. 1 (2015): 122–25. http://dx.doi.org/10.1080/01440365.2015.1008051.
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Tromans, Stephen. "Nuisance and Planning Control." Cambridge Law Journal 54, no. 3 (1995): 494–96. http://dx.doi.org/10.1017/s000819730009718x.
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Rosenthal, Alon. "Measuring Noise: Reaching an Optimal Judicial Policy." Israel Law Review 20, no. 1 (1985): 74–98. http://dx.doi.org/10.1017/s002122370000861x.
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Because of the diminutive size and relatively intense urbanization of the country, noise has always constituted one of the more serious environmental problems with which the Israeli legislature and courts must contend. Indeed, in a recent survey conducted by the Israeli Environmental Protection Service, (E.P.S.) 52.5% of Israelis questioned indicated that the major deficiency of their environment was the prevalence of noise, as opposed to only 3.7% who complained of unpleasant air or odours. Regulations have been enacted specifying the manner in which noise is to be measured and providing standards for the existence of nuisances. Recently, the court has been faced on several occasions with the question of whether violation of such regulations is necessary for an action seeking to establish a given noise as a nuisance. Although no definitive rule has been established, the Supreme Court, in confirming a lower court decision in Israel Electric Co. Ltd. v. Farsht, began what we hope will be a continuing process in determining a clear and optimal judicial policy regarding the measuring of noise and the use of these calculations in nuisance cases.
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Moor, Francis. "Planning for nuisance?" International Journal of Law in the Built Environment 3, no. 1 (2011): 65–82. http://dx.doi.org/10.1108/17561451111122615.
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Steele, Jenny. "Private law and the environment: nuisance in context." Legal Studies 15, no. 2 (1995): 236–59. http://dx.doi.org/10.1111/j.1748-121x.1995.tb00061.x.
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Private nuisance is, on the face of it, an old-fashioned tort, whose agrarian, antidevelopmental roots may make its contemporary relevance seem limited. On the other hand, both nuisance and Rylands v Fletcher hold obvious attractions for litigants whose interests have suffered as a result of environmental change. The potential apotheosis of nuisance into a ‘Toxic Tort’ presents tort lawyers and environmental lawyers with a number of pressing questions concerning the nature and scope of private law in this context.This article will seek to assess in outline the positive potential of tort law in this respect, but it will also be argued that there may nevertheless be real conflicts between the law of tort and central elements of environmental law. The nature of those potential conflicts can only be understood if we clarify the form (or forms) of liability effected by relevant torts, and here the tort of nuisance poses particular problems. Once clarified, however, I would suggest that these conflicts can contribute to debates, not just about tort law, but also about the basic aspirations of environmental law and policy.
Dissertations / Theses on the topic "Nuisance law"
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Palmer, R. C. "Modern nuisance law from a historical perspective." Thesis, University of the West of England, Bristol, 2015. http://eprints.uwe.ac.uk/26153/.
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This thesis discusses issues affecting contemporary nuisance law from an historical standpoint. It is recognised that there is a considerable volume of literature relating to the nineteenth century antecedents of the law today. Yet nuisance is a most ancient tort, dating back almost a thousand years, and likewise the environmental problems it addresses date back to antiquity. Thus there is scope for a deeper historical analysis of this area of the common law which looks beyond industrialisation and the revolutionary nuisances of that period to the developments in the law applicable to environmental nuisances of feudal and post-feudal agrarian times. That is the aim of this thesis. It examines the lessons scholars and practitioners can learn by revisiting the origins of the law, and by critically reflecting on key evolutionary milestones which have shaped the law up to the present day. Four specific areas of current debate regarding nuisance doctrine are the focus of attention. Standing is one, concerning who has the right to sue in private nuisance. What types of injury are remediable with private nuisance is another, with particular reference to the question of the actionability of personal injury. The relationship between private nuisance and negligence is another, with reference to the issue of ‘reasonableness’ within private nuisance. The remedy of an injunction is the fourth area. Throughout the discussion of each of these issues the discussion follows a common pattern, beginning with identification of a leading late twentieth or early twenty-first century case which is the subject of debate and exploring the law at issue from an historical perspective, including the ‘original position’ in medieval case law. Nuisance law is currently encountering difficulties which not only prevent it from having a stable doctrinal identity in relation to other torts (and in relation to ‘its own’ history), but which also cast doubt on its scope for it continuing to provide worthwhile environmental protection in a modern age characterised by the emergence and proliferation of environmental regulatory bodies. It is not argued that the solution to nuisance law’s problems lies in returning to an original position and re-applying it to changing political realities. Nonetheless, it is argued that there is a ‘simple form’ of the law to discover from within a millennia of case law, and it is in many – but not all – respects different from the law as it now stands (or is thought to stand). Many judges and scholars have misunderstood and even to some extent misused history and this has contributed to the difficulties the law is faced with today. This research advocates that when the tort is considered from a historical perspective – where we can find its simplest form - there is scope for its traditional ‘green credentials’ to again be realised.
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Samuels, Alton Ulrich. "The history, development and future of public nuisance in light of the Constitution." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/5191.
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Thesis (LLM (Public Law))--University of Stellenbosch, 2010.Bibliography
ENGLISH ABSTRACT:The objective of this thesis is to establish whether the notion of public nuisance has a legitimate purpose in post-apartheid South African. Public nuisance originated in English law in the 12th century as a tort-based crime called tort against land and was used to protect the Crown against infringements. This special remedy of the Crown was used in cases of unlawful obstruction of public highways and rivers, damage or injury causing an inconvenience to a class or all of her majesty‟s subjects and a selection of other crimes. The notion of public nuisance was adopted in South African law during the late 19th century. Between its inception and 1943, the notion of public nuisance was applied in line with its original aims, namely to protect and preserve the health, safety and morals of the public at large. Public nuisance regulated unreasonable interferences such as smoke, noise, violence, litter and blockage of roads which originated in a public space or land, as opposed to a private space or land. However, the public nuisance remedy was indirectly used, in a number of cases during the 1990s, by private individuals to apply for an interdict to evict occupiers of informal settlements. In so doing, these private individuals bypassed legislation regulating evictions and in the process disrupted or frustrated new housing developments, especially those provided for in land reform programmes. In fact, it was established that this indirect application of public nuisance is unconstitutional in terms of section 25(1) of the Constitution. Most of the public disturbances originally associated with the public nuisance doctrine are currently provided for in legislation. Since the remedy is now mainly provided for in legislation, the question is whether the doctrine of public nuisance as a Common Law remedy is still relevant in modern South African law. It was concluded, especially after an analysis of two cases during 2009 and 2010, that the notion of public nuisance only has a future in South African law if it is applied iv in the absence of statutory nuisance or any other legislation covering public nuisance offences and where it is not used as an alternative mechanism to evict occupiers.
AFRIKAANSE OPSOMMING: Die doel van die tesis is om vas te stel of publieke oorlas as gemeenregtelike remedie „n geldige doel in post-apartheid Suid-Afrika het. Die remedie bekend as publieke oorlas het ontstaan in 12de eeuse Engelse reg. Hierdie remedie het ontwikkel as „n delikteregtelike en kriminele remedie, met die doel om land wat aan die Kroon behoort te beskerm. Publieke oorlas het, onder andere, toepassing gevind waar daar onwettige obstruksie van publieke hoofweë en riviere was sowel as skade of nadeel wat vir die breë publiek ongerief sou veroorsaak. Ander misdade was ook gekenmerk as „n publieke oorlas. Publieke oorlas is teen die laat 19de eeu in die Suid-Afrikaanse regoorgeneem . Tussen die oorname van die remedie in die Suid-Afrikaanse reg en 1943 is die remedie van publieke oorlas toegepas in lyn met sy oorspronlike doelwitte, naamlik om optrede wat die gesondheid, veiligheid en moraliteit van die breë publiek in gedrang kon bring, te verhoed. Volgens sy oorspronklike doel reguleer publieke oorlas onredelike inmenging soos rook, geraas, geweld en obstruksie van paaie wat op publieke grond of „n publieke spasie ontstaan het. Die remedie van publieke oorlas is, in ‟n reeks sake gedurende die 1990‟s, deur privaat individue indirek gebruik om okkupeerders van informele nedersettings uit te sit. Sodoende het privaat individue die wetgewing wat spesiaal ontwerp is om uitsettings te reguleer vermy en in die proses nuwe behuisingsontwikkelinge ontwrig en gefrustreer, veral in gevalle waarvoor in grondhervormingsprogramme voorsiening gemaak word. Hierdie indirekte toepasing van publieke oorlas is ongrondwetlik omdat dit nie met artikel 25(1) van die Grondwet versoenbaar is nie. Die meerderheid van steurnisse wat gewoonlik met publieke oorlas geassosieer word, word tans deur wetgewing gereguleer. Aangesien die remedie nou hoofsaaklik in wetgewing vervat is, ontstaan die vraag of die leerstuk van publieke oorlas as „n gemeenregtelike remedie nog van enige nut is in die moderne Suid-Afrikaanse reg. vi Die slotsom, veral na die analise van twee sake in 2009 en 2010, was dat die publieke oorlas remedie slegs „n toekoms in Suid-Afrikaanse reg het, indien dit toegepas word in die afwesigheid van statutêre oorlas of enige ander wetgewing wat publieke oorlas oortredinge dek en waar dit nie as „n alternatiewe meganisme gebruik word om okkupeerders uit te sit nie.
National Research Fund
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So, Tak-wing, and 蘇德榮. "Odour nuisance from restaurants and its control." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1993. http://hub.hku.hk/bib/B31252734.
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Gebhard, Julia [Verfasser]. "Necessity or Nuisance? : Recourse to Human Rights in Substantive International Criminal Law / Julia Gebhard." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://d-nb.info/1160311854/34.
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Gatica, Rodríguez María Paz. "Fault-based and strict liability in the law of neighbours." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/25929.
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By the end of the twentieth century, and after a long line of conflicting case law, the question about the basis of liability in nuisance was settled: in Scotland, damages are awarded only upon proof of fault (RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council 1985 SC (HL) 17). Fault, in turn, can adopt many forms: malice, intention, recklessness, negligence, and conduct causing a special risk of abnormal damage (Kennedy v Glenbelle Ltd 1995 SC 95). Many aspects of this seemingly clear picture, however, remain problematic. On the one hand, the way in which this model is interpreted and applied gives place to particular forms of liability that can actually be characterised as strict. On the other hand, two other areas of the law of neighbours that overlap with the scope of nuisance do not fit entirely this model, namely the regulation of disputes over uses of water and of those arising from withdrawal of support. The main argument of this thesis is that damages claims in the context of neighbourhood are governed by two distinct rules: a general fault-based liability rule for nuisance, and an exceptional strict liability rule for abnormally dangerous conduct. For the first of these rules, the thesis offers an evaluation of the fault model adopted in Kennedy v Glenbelle Ltd, explaining the interaction between its different elements and highlighting the developments that can result in forms of strict liability. For the second of these rules, the thesis develops an analysis of its elements and nature, as well as a proposal that delineates its scope of application. This two-rule model offers a justification for the current structure of the law applicable to disputes over uses of water. The strict liability rule applicable to interferences with the natural flow of watercourses, traditionally explained as based upon the infringement of property rights, is better explained as danger-based. The regulation of disputes arising from withdrawal of support, however, is not consistent with this model, even though they have also been characterised as nuisances. It is argued that this framework entails unjustified inconsistencies, both internal and by reference to the model proposed, and that it should be adjusted accordingly.
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Koch, Carolina Augusta. "The right to a view : common law, legislation and the constitution." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71650.
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Thesis (LLD)--Stellenbosch University, 2012.Includes bibliography
ENGLISH ABSTRACT: South African law does not recognise an inherent right to the existing, unobstructed view from a property. Nevertheless, seemingly in disregard of this general principle, property owners often attempt to protect such views and courts sometimes in fact grant orders that provide such protection. This dissertation aims to establish whether South African law does indeed not acknowledge a right to a view and whether there are any exceptions to the general rule against the recognition of the right to a view. The principle that the existing view from a property is not an inherent property right is rooted in Roman and Roman-Dutch law. This principle was received in early South African case law. Inconsistency in the application of the principle in recent case law renders its development uncertain. An analysis of recent decisions shows that the view from a property is sometimes protected in terms of servitudes or similar devices, or by virtue of legislation. In other instances, property owners attempt to prevent the erection of a neighbouring building that will interfere with their existing views, based either on a substantive right or an administrative shortcoming. When the protection of view is based on a limited real right (servitudes or similar devices) or legislation, it is generally effective and permanent. Conversely, when it is founded on a substantive right to prevent building on neighbouring land or an administrative irregularity rendering a neighbouring building objectionable, the protection is indirect and temporary. A comparative study confirms that the position regarding the protection of view is similar in English and Dutch law. Constitutional analysis in terms of the methodology developed by the Constitutional Court in FNB indicates that cases where view is protected are not in conflict with section 25(1) of the Constitution of the Republic of South Africa, 1996. The investigation concludes with an evaluation of policy considerations which show that the position with regard to a right to a view in South African law is rooted in legitimate policy rationales.
AFRIKAANSE OPSOMMING: 'n Inherente reg op die bestaande, onbelemmerde uitsig vanaf 'n eiendom word nie deur die Suid-Afrikaanse reg erken nie. Desnieteenstaande poog eienaars dikwels om die uitsig vanaf hul eiendomme te beskerm en soms staan die howe bevele tot dien effekte toe. Dit skep die indruk dat die Suid-Afrikaanse reg wel die bestaande uitsig vanaf 'n eiendom as 'n inherente eiendomsreg erken of dat sodanige uitsig minstens onder sekere omstandighede beskerm kan word. Hierdie verhandeling het ten doel om onsekerhede betreffende die algemene beginsel oor 'n reg op uitsig uit die weg te ruim en om lig te werp op gevalle waar 'n onbelemmerde uitsig wel beskerm word. Die Romeinse en Romeins-Hollandse reg het nie 'n reg op uitsig erken nie. Hierdie posisie is deur vroeë regspraak in die Suid-Afrikaanse regstelsel opgeneem. 'n Ondersoek na latere Suid-Afrikaanse regspraak toon egter aan dat howe wel onder sekere omstandighede, skynbaar strydig met die gemeenregtelike beginsel, beskerming aan die onbelemmerde uitsig vanaf eiendomme verleen. 'n Eerste kategorie sake behels gevalle waar die uitsig vanaf 'n eiendom deur 'n beperkte saaklike reg, in die vorm van 'n serwituut of 'n soortgelyke maatreël, of ingevolge wetgewing beskerm word. In 'n tweede kategorie sake word die beskerming van 'n uitsig deur middel van 'n aanval op die goedkeuring van 'n buureienaar se bouplanne bewerkstellig. Sodanige aanval kan óf op 'n substantiewe reg óf op 'n administratiewe tekortkoming berus. Die onderskeie kategorieë verskil wat betref die doelmatigheid en omvang van die beskerming wat verleen word. 'n Saaklike reg of wetgewing verleen meestal effektiewe en permanente beskerming. Hierteenoor het 'n aanval op die goedkeuring van 'n buureienaar se bouplanne hoogstens indirekte en tydelike beskerming van die uitsig tot gevolg. Regsvergelyking bevestig dat die Engelse en Nederlandse reg die Suid-Afrikaanse posisie ten opsigte van'n reg op uitsig tot 'n groot mate eggo. Grondwetlike analise aan die hand van die FNB-metodologie dui daarop dat die gevalle waar uitsig wel beskerming geniet nie strydig is met artikel 25(1) van die Grondwet van die Republiek van Suid-Afrika, 1996 nie. Bowendien regverdig beleidsgronde die behoud van die huidige beginsel in die Suid-Afrikaanse reg.
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Walsh, Tamara. "Overruling the Underclass? Homelessness and the Law in Queensland." Queensland University of Technology, 2005. http://eprints.qut.edu.au/16161/.
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The impact of the law on the lives of homeless people in Queensland has, to date, remained largely unexplored by legal academics and researchers. This is despite the fact that homeless people experience a number of legal difficulties that seriously affect their lives. This thesis by published papers aims to make a significant and original contribution to filling this gap in the research evidence by presenting the results of analyses of the legal, theoretical and practical issues that arise in the context of homeless persons' interactions with the legal system in Queensland. Most notably, it is comprised of three pieces of empirical research which identify those areas of law that impact most on homeless people in Queensland and explore the consequences of the operation of these laws on their lives. In sum, this thesis examines the extent of the law's influence on the lives of homeless people in Queensland, and finds that the consequences of the law's operation on homeless people in Queensland are serious. The thesis first examines the effect on Queensland's homeless people of laws which regulate behaviour conducted in public space. The criminal offences of vagrancy, begging and public nuisance are analysed; their historical origins, the reasons for their retention on modern statute books, and arguments in favour of their repeal are discussed. The impact of 'public space law' on homeless people in Queensland is also explored through a survey of 30 homeless people residing in inner-city Brisbane. This part of the thesis concludes that public space law in Queensland results in breaches of homeless persons' human rights, as well as the contravention of rule of law principles. The thesis then explores the impact of the law on homeless persons' experiences of citizenship. Empirical research and theoretical analysis demonstrate that the application of various laws, particularly public space laws, social security laws and electoral laws, encroaches on homeless persons' citizenship rights. The thesis then reports on the results of a unique survey of Queensland's homelessness service providers. This survey is the most extensive piece of empirical research ever conducted on the extent to which various laws impact on homeless people. Respondents were asked to indicate which areas of law impact most adversely on their homeless clients. Based on the research findings outlined above, the hypothesis was that criminal law issues, particularly public space offences, would be proven to impact particularly adversely on homeless people in Queensland. Somewhat unexpectedly, the findings of the survey indicated that fines law, debt law and family law difficulties are those legal difficulties most often encountered by homeless people in Queensland. Difficulties produced by criminal laws, social security laws and electoral laws, while still generally relevant, rated less highly. However, the survey did demonstrate that experiences differ between sub-groups within the homeless population, for example Indigenous homeless people were reported to be most affected by criminal law issues, while young homeless people were reported to be most affected by social security law issues. Together, the five papers which comprise this thesis make an original and substantial contribution to knowledge by identifying empirically for the first time the various laws that have a significant impact on the lives of homeless people in Queensland, and analysing the consequences of this in terms of their effect on homeless persons' citizenship rights, human rights and rule of law entitlements.
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Nwasike, Ugochukwu N. "The Intended and Unintended Effects of Civil Gang Injunctions in California." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/942.
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The state of California has one of the largest and most violent gang populations in the United States. Although there have been a variety of anti-gang measures and policies enacted by local and state governments, none have been more effective than the Civil Gang Injunction (CGI). This civil action prohibits certain street gangs, and their members, from participating in activities that would otherwise be considered lawful. In order to obtain an injunction a prosecutor must demonstrate to the court that the gang is engaged in ongoing criminal conduct and represents a public nuisance to a geographically defined area. When a neighborhood is under an injunction, not only is police presence in the area increased but officers are also given more freedom to investigate and apprehend gang members who are suspected to be in violation of the terms. As this thesis will argue, injunctions, when used correctly, have proven to be an effective weapon in diminishing the influence of territorial street gangs on community well-being. When used incorrectly, however, they often only provide a temporary fix to a long-lasting problem. They also have been known to contribute to an increase in crime in neighboring areas, an increased number of wrongful arrests, and in some cases they have promoted criminality amongst young people. To explore the efficacy of injunctions, this thesis will focus on three empirical studies that cover a period from 1993 to 2003, when the rates of gang-related violence were at an all-time high and injunctions became the primary tool for City and District Attorneys to combat the nuisance. Two of these studies argue that injunctions have a positive impact on violent crime statistics, whereas the third concludes that they do not. By comparing these conflicting pieces of quantitative evidence, this thesis aims to gauge the actual effect of injunctions on crime rates and weigh the perceived benefits of this measure against its unintended negative effects.
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Cochet, Caroline. "Bruit et urbanisme : Une approche juridique." Thesis, Antilles-Guyane, 2014. http://www.theses.fr/2014AGUY0711/document.
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De plus en plus, le bruit est considéré comme une véritable pollution. dans le passé, les carrioles, les sabots des chevaux sur les pavés causaient déjà des nuisances aux habitants des villes. dès le xixe siècle, l'évolution de l'industrialisation entraîna une augmentation de la machinerie, qui ne fit qu'augmenter les nuisances sonores. aujourd'hui, le bruit est la cause de nombreuses plaintes. en conséquence, réduire la pollution sonore est devenu une question majeure du fait de ses effets sur la santé humaine. le bruit peut affecter le sommeil, le système cardiovasculaire, le système cérébral, particulièrement le développement cérébral des enfants. il peut causer des déficiences mentales, des problèmes de concentration et des pertes de mémoire. c'est un problème de santé publique. mais le bruit peut aussi entraîner la commission de crimes ou de suicides ! c'est aussi une question d'ordre public.en france, il existe certains dispositifs juridiques de contrôle des émissions sonores et de lutte contre les nuisances, particulièrement depuis la loi « bruit » de 1992. diverses dispositions ont été codifiées dans le code de l'environnement, les classant en fonction des différentes sources de bruit, mais aussi dans d'autres codes, notamment le code de l'urbanisme. il existe une police environnementale du bruit dont le maire et le préfet sont les deux autorités compétentes. tous ces moyens permettent de pallier les problèmes dûs au bruit à court ou à moyen terme.cependant, aujourd'hui, au regard de la préoccupation de développement durable, il convient de penser aux générations futures et de mettre en place des nouveaux moyens de régulation de la pollution sonore, à long terme. le droit de l'urbanisme apparaît comme le moyen privilégié d'atteindre ce but. le bruit pourrait être régulé par une utilisation plus rationnelle des sols… le but de ma recherche est d'analyser quel type de relation existe entre droit du bruit et droit de l'urbanisme et de mettre en évidence vers quelle forme d'urbanisme la société évolue sous l'influence combinée de l'écologie et de la question sonore, notamment à travers les objectifs posés par le grenelle de l'environnement et les lois adoptées en conséquenceNoise is considered as a real pollution for the quality of life. Law has been requested to respond the multi-form cases of noise pollution. The matter is firstly the concern of environmental law. It is especially treated in a sectorial way. Town planning law also seizes the question, in a diffuse way, as environmental issue, or in a specific way when noise pollutions are directly caused by the use of grounds.However, under the influence of more and more pervasive environmental law, and further to the new legislation resulting from the Grenelle of the environment, town planning law underwent a deep transformation. It has been rewritten on the basis of new environmental objectives and of sustainable development. Town planning law also absorbs many other juridical sectors. Therefore it appears as a global space law and living environment law, allowing to improve the sound context.The perception of noise has changed, as well as its consideration into town planning law. Town planning law can be considered as a favorable measure to develop a more global and unified approach of the very composite legal system against noise pollution.The study of the relationship between noise and town planning highlights new manners to consider noise into space and living environment, differently from the classic approach imposed by environmental law
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Ullmann, Gabriel. "Les installations classées pour la protection de l'environnement (ICPE). Des origines de la nomenclature à l'enregistrement." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30028/document.
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Le décret impérial du 15 octobre 1810 a fondé la première réglementation nationale sur lesétablissements classés. Il a jeté les bases de notre droit de l’environnement industriel et a créé lapremière nomenclature. L’analyse de plus de 140 textes de nomenclature parus depuis l’origine apermis de comprendre certaines évolutions de la société, tant la nomenclature constitue, depuisplus de deux siècles, un puissant marqueur sociétal. De plus, la nomenclature conditionnefortement l’effectivité de la loi. Si le décret a initialement visé à privilégier la liberté d’entreprise, ila progressivement évolué vers un droit plus protecteur des tiers, notamment en faveur du droit depropriété. La loi du 19 décembre 1917 sur les établissements classés a renforcé ce dispositif dansun sens globalement plus favorable aux tiers, puis à l’environnement. Mais aussi, au profit del’hygiène et de la sécurité des travailleurs qui avaient été délaissées. En contrepartie, la loi a rompuavec le principe de l’autorisation préalable en introduisant le régime de la déclaration, au bénéficedes exploitants. La loi du 19 juillet 1976 relative aux installations classées pour la protection del’environnement (ICPE) a repris ces dispositions, en les modernisant mais en innovant peu. Lanomenclature a vite connu de multiples transformations, qui se sont traduites par de nombreuxdéclassements d’établissements. Ainsi, le régime déclaratif n’a pas cessé de croître, tandis que lacréation en 2009 de l’enregistrement, intermédiaire entre la déclaration et l’autorisation, a conduità une réduction drastique de ce dernier régime. La transposition de directives européennesrécentes a encore renforcé ce processus, avec l’entrée d’une nouvelle nomenclature. Rarement unetelle régression du droit de l’environnement a été atteinte, d’autant qu’elle est amplifiée par unedissociation marquée entre les installations classées et le milieu récepteurThe imperial decree of October 15th 1810 established the first national regulation on classifiedfacilities. It laid the ground for French law on the industrial environment by creating the firstnomenclature. An analysis of over 140 nomenclature texts published since then has providedinsight into a certain number of societal developments. Indeed, the nomenclature system has beena powerful social marker for more than two centuries. Furthermore, the effectiveness of the lawhas depended greatly on the nomenclature system. While its original objective was to fosterfreedom of enterprise, it gradually evolved towards a law protecting third parties, in particularregarding property rights. The Act of December 19th 1917 on classified facilities furtherstrengthened this purpose, generally placing the focus first on third parties and then on theenvironment. The act also favored workers’ health and safety, which had been ignored until then.On the other hand, the act abolished the principle of preliminary authorization by introducing adeclaration scheme for the benefit of operators. The Act of July 19th 1976 on classified facilities forenvironmental protection took over and modernized all of these provisions but without reallyintroducing any innovation. The nomenclature system rapidly underwent a series oftransformations that generally resulted in the decommissioning of numerous facilities. Thedeclaration scheme continued to expand. However, the creation of the registration scheme in 2009,which is somewhere between the declaration and authorization schemes, has led to a dramaticreduction in the reach of the latter. The transposition of recent European directives has spurredthis process by introducing a new nomenclature. Never before has such a regression onenvironmental law been reached, especially since it is combined with a marked separation betweenclassified facilities and the receiving environment
Books on the topic "Nuisance law"
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Buckley, R. A. The law of nuisance. 2nd ed. Butterworths, 1996., 1996.
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Indatissa, Kalinga. Law relating to public nuisance. Kalinga Indatissa, 2009.
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Law relating to public nuisance. Kalinga Indatissa, 2009.
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Bilson, Beth. The Canadian law of nuisance. Butterworths, 1991.
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Malcolm, Rosalind. Statutory nuisance: Law and practice. 2nd ed. Oxford University Press, 2011.
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Indatissa, Kalinga. Law relating to public nuisance. Kalinga Indatissa, 2009.
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Indatissa, Kalinga. Law relating to public nuisance. Kalinga Indatissa, 2009.
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Isabel, Hall Margaret, ed. The law of nuisance in Canada. LexisNexis Canada, 2010.
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Nuisance law and environmental protection: A study of nuisance injunctions in practice. Lawtext Publishing Limited, 2013.
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Judy, Nixon, Shayer Sigrid, Joseph Rowntree Foundation, and Chartered Institute of Housing, eds. Neighbour nuisance, social landlords and the law. Chartered Institute of Housing for the Joseph Rowntree Foundation, 2000.
Book chapters on the topic "Nuisance law"
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Hylton, Keith N. "Nuisance." In Encyclopedia of Law and Economics. Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-7883-6_10-1.
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Hylton, Keith N. "Nuisance." In Encyclopedia of Law and Economics. Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_10.
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Hawkins, W. Thomas. "Nuisance." In Land Use Law in Florida. Routledge, 2021. http://dx.doi.org/10.4324/9781003108603-3.
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Laws, Wendy. "Public nuisance." In Essential Tort Law for SQE1. Routledge, 2021. http://dx.doi.org/10.4324/9781003133698-29.
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Laws, Wendy. "Private nuisance." In Essential Tort Law for SQE1. Routledge, 2021. http://dx.doi.org/10.4324/9781003133698-27.
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Battersby, Stephen, and John Pointing. "The law of nuisance and statutory nuisance." In Statutory Nuisance and Residential Property. Routledge, 2019. http://dx.doi.org/10.1201/9780429441912-4.
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Feitshans, Theodore A. "Nuisance and trespass." In Agricultural and Agribusiness Law. Routledge, 2019. http://dx.doi.org/10.4324/9780429467837-4.
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Rasmusen, Eric B. "Nuisance Suits." In The New Palgrave Dictionary of Economics and the Law. Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_256.
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Greene, Brendan. "Nuisance and Rylands v Fletcher." In Optimize Tort Law. Routledge, 2017. http://dx.doi.org/10.4324/9781315410258-5.
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Merrill, Thomas W. "Trespass and Nuisance." In The New Palgrave Dictionary of Economics and the Law. Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_382.
Full textConference papers on the topic "Nuisance law"
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Smith, Natasha, and John Mutungi Mativo. "Statistically Designed Beam Deflection Lab." In ASME 2011 International Mechanical Engineering Congress and Exposition. ASMEDC, 2011. http://dx.doi.org/10.1115/imece2011-62317.
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Two vital skills for an engineering graduate are the abilities to reason and communicate effectively. Laboratory work is one of the principle ways in which students exercise these competencies. In a typical undergraduate engineering course (particularly those at the freshman or sophomore level), laboratory exercises are often designed for students (rather than by them). They must simply follow procedures to find pre-determined results in order to “drive home” theoretical concepts. As a result, students are left with a poor concept of the purpose and power of experimentation, and consequently the laboratory experience detracts from rather than bolstering their critical thinking skills. A one factor at a time approach is often the default method for undergraduate engineering experiments, and while it is relevant for acquiring initial skills at the freshmen and sophomore levels, the approach may only promote lower level thinking skills. Even so, these experiences are pivoting in establishing sound engineering practices among students. In addition, statistical design of experiments could be explored for implementation for junior and senior level design courses. This project sought to provide an example of higher order thinking by performing a statistically-designed beam deflection experiment. The experimental objectives were to determine if load, span, geometry, and material affected the deflection of simply supported beams and to identify significant nuisance factors. Key nuisance effects included support stiffness, the reaction measurement procedure, and the effect of built-up members. In conclusion, the paper points out how undergraduate students could benefit from exposure and participation in such a design of experiments process even though students were not involved in this study originally.
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Larter, Steve, B. Bennett, and I. Gates. "From Syntropic Bacteria to Beyond SAGD! The Origin & Impact of Oil Viscosity Variations in Heavy Oil Reservoirs & Routes to Low Carbon Emissions Energy Recovery." In Second EAGE Workshop on Tar Mats and Heavy Oil - Nuisance or Resources? European Association of Geoscientists & Engineers, 2010. http://dx.doi.org/10.3997/2214-4609.20144626.
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Bomfim, Carlos H. M., Walmir Matos Caminhas, Benjamim Rodrigues de Menezes, and Carlos Alexandre Laurentys de Almeida. "Building a Leakage Detection System Using Ensembles: A New Way." In 2004 International Pipeline Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/ipc2004-0187.
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Pipeline leakage is a demand from governmental and environmental associations that petroleum companies need to comply. Recent accidents with Petrobras pipelines increase local demand for leakage detection system. Due the high accuracy on detecting leakage required from that system is necessary to set a procedure that once applied will achieve the best performance considering the quality of the installed instrumentation. This paper describes a procedure to set such system in order to accomplish with the legal requirement keeping high reliability during normal and failure operations. Nuisance alarms are kept at low value while minimum leakage detection is too small. To do that the described system uses a set of models acting as specialists each one observing and diagnosing pipeline leakage. This system also validates the operations according to the business rules. System uses a set of tools, fuzzy logic, neural network, genetic algorithm and statistic analysis, to execute its function. The usage of an optimization tool, genetic algorithm in this case, helps the designer to set a function alarm that uses a statistical approach to assure a reliable performance when detecting the leakage and keeping the nuisance alarm closes to zero. Both qualities make the system highly reliable since once it generates one alarm there is a likelihood of almost a 100% that the event is true. Instead of using the common two parameters alarm, threshold and timing, this system uses pattern recognition to verify the fault or leak condition. The detectable leakage value is function of the difference between the flow measurement at the inlet and the outlet of the pipeline. The minimum leakage detectable is constant and equal to 1.4 times the standard deviation of the error between this two meters for 0.2% of nuisance alarm. In the application it is able to alarm when a leakage of 2% of the total flow happens in a time bellow 5 minutes. If allowed a level of 5% of nuisance alarms the system is able to detect a leakage of one standard deviation of the error. That represents the mentioned amount of 1.4 times the standard deviation of the error. The system is in operation supervising pipeline in a Brazilian installation.
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Wu, Huijuan, Yunjiang Rao, Shanshan Li, Xianglin Lu, and Yu Wu. "A novel FBG-based fence with high sensitivity and low nuisance alarm rate." In 21st International Conference on Optical Fibre Sensors (OFS21). SPIE, 2011. http://dx.doi.org/10.1117/12.884920.
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Heery, Michael Alberson. "Modular Wetland System: A History of Wetland Treatment and Case Study of an Advanced Subsurface Flow Wetland to Treat Stormwater and Continuous Nuisance Flows." In Low Impact Development International Conference (LID) 2010. American Society of Civil Engineers, 2010. http://dx.doi.org/10.1061/41099(367)85.
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Wu, Junchen, Yiren Fan, Shaogui Deng, Ruokun Huang, Fei Wu, and Zhongtao Wang. "COMPARATIVE SIMULATION OF WATER-BASED MUD-FILTRATE INVASION IN HIGH-PERMEABILITY AND TIGHT SANDSTONE RESERVOIRS USING LARGE-SIZED FORMATION MODULES." In 2021 SPWLA 62nd Annual Logging Symposium Online. Society of Petrophysicists and Well Log Analysts, 2021. http://dx.doi.org/10.30632/spwla-2021-0028.
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Mud filtrate invasion is a complex and time-dependent process. During the process, a zone of finite size around the wellbore (invasion zone) in which a portion of the initial pore fluids have been displaced by the mud filtrate is gradually generated. As a result, the petrophysical and fluid properties of the formation in this zone will be inevitably altered, and sometimes tend to be quite different from their initial values. Petrophysicists and logging analysts have long considered mud filtrate invasion as a nuisance due to its troublesome effect on formation properties and logging measurements, especially on resistivity logging measurements. Note that even deep reading resistivity logging may not see deep enough (beyond the invasion zone), and need to be corrected. Therefore, simulation of mud filtrate invasion under near reservoir conditions is crucial for an in-depth understanding of its physics and effects on logging measurements, and hence for logging interpretation and formation evaluation. Otherwise, this will produce substantial errors in determining initial formation properties, and estimating hydrocarbon reserves and well productivity. To date, most researchers have done a number of works on mud filtrate invasion on the basis of physical simulation at core plug scale. However, conducting invasion experiment on core plug has intrinsic limitations. Firstly, the cylindrical shape of core plug determines that the seepage form of mud filtrate within it (horizontal linear flow) is completely different from that (plane radial flow) in the actual downhole environment, thereby causing a poor representation of the filtration law observed in the experiment. Secondly, due to the small size of core plug, it is almost impossible to monitor the radial resistivity variation for reflecting the dimension and geometry of the invasion zone. To overcome the limitations, a large-sized formation module (sectorial block structure, 55.9 cm in radial depth, and 10 cm in thickness) made by sandstone outcrop was introduced in this paper. Compared with core plug, as a novel type of experimental equivalent, the formation module is larger in size, greater in saturation capacity, and much more similar to the in-situ formation. Its structure can ensure the seepage form of mud filtrate within it is exactly the same as that in the actual downhole environment. Its large size is able to provide enough space and radial distance to follow the entire invasion process from beginning to dynamic equilibrium. The dynamic processes of long-term water-based mud filtrate (WBMF) invasions were duplicated realistically in laboratory. During the whole experimental period, the dynamic invasion data (including radial formation resistivity profile and filtration rate) can be uninterruptedly real-time acquired, thereby investigating and comparing the phenomenon of WBMF invasion in the formation modules with different physical properties. Finally, by combining physical and numerical simulation, the invasion characteristics of WBMF in high-permeability and tight sandstone reservoirs under in-situ formation conditions were quantified. The results obtained in this paper provide an experimental basis and theoretical support for enlightening novel simulation methodologies of mud filtrate invasion, revealing invasion mechanisms, and establishing invasion correction model for electric logging, etc.
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Ur, Rahman Khalil, Gyunyoung Heo, Man Cheol Kim, and Muhammad Zubair. "Formulation and Reliability Feature Analysis of Analog, Digital and Hybrid I&C Architectures for Research Reactors." In 2014 22nd International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/icone22-30375.
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Optimized design of Instrumentation and Control (I&C), having rationally good reliability features like high availability, low spurious trip rate and low cost, is very important for safety and economical use of nuclear reactors. The demand for optimization becomes more significant in case of small size educational or research reactor due to less margin of cost. The aim of study, in this article, is to develop analog, digital and hybrid architectures for reactor protection I&C system and identification of suitable one for research reactor. The reliability feature analysis of proposed architectures has been performed in three parts (i) analytical analysis for redundancy (ii) Bayesian network model for estimation channel failure λdc and (iii) unavailability or Probability of Failure on Demand (PFD) for each I&C system architecture. It is found here that 2oo3 (2 out of 3) architecture is highly suitable for research reactor as it has low nuisance process trip rate, rational availability (reasonable high) and low probable to CCF failure, if compared with other ones. Results have shown that hybrid configuration can perform better than analog, digital architectures. This research would be helpful for the designers to consider appropriate model with defined cost and availability for their design.
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Andersen, Lars Vabbersgaard, Poul Henning Kirkegaard, Kristoffer Ahrens Dickow, Nikolaj Kiel, and Kent Persson. "Influence of Wall Surface and Air Modelling in Finite-Element Analysis of Sound Transmission Between Rooms in Lightweight Buildings." In ASME 2012 Noise Control and Acoustics Division Conference at InterNoise 2012. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/ncad2012-1093.
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Noise is a nuisance in the built environment, and to avoid undesirable transmission of sound and vibration within a building, its vibro-acoustic performance must be addressed in the design phase. For heavy structures, a reliable assessment of the sound pressure levels can be made by statistical energy analysis—especially at high frequencies. However, for lightweight buildings a numerical approach, e.g. the finite-element method, must be applied. A problem in this regard is the computational complexity. Even at low frequencies, many degrees of freedom are required in a model accounting for all possible paths for transmission of sound in a building—in particular when finite elements are employed for the air. This paper examines whether a rigorous model of the acoustic field in each room is necessary in order to obtain accurate estimates of the sound pressure, or if a simpler approach may be adopted. Five different cases are compared: A model that only includes the structure, a model with semi-infinite elements to account for radiation from the structure into the air, a model introducing finite elements for the acoustic field, a model with dissipation of sound inside the room, and finally a model with sound absorption on the surfaces of walls, floors and ceilings.
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Dicampli, James, Luis Madrigal, Patrick Pastecki, and Joe Schornick. "Aeroderivative Power Generation With Coke Oven Gas." In ASME 2012 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/imece2012-89601.
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A major environmental concern associated with integrated steel mills is the pollution produced in the manufacture of coke, an essential intermediate product in the reduction of iron ore in a blast furnace. Coke is produced by driving off the volatile constituents of the coal—including water, coke oven gas, and coal-tar—by baking the coal in an airless furnace at temperatures as high as 2,000 degrees Celsius. This fuses together the fixed carbon and residual ash. The coke oven gas (COG) byproduct, a combustible hydrogen and hydrocarbon gas mix, may be flared, recycled to heat the coal, or cleaned to be used as a fuel source to generate energy or used to produce methanol. There are several inherent problems with COG as a fuel for power generation, notably contaminants that would not be found in pipeline natural gas or distillate fuels. Tar, a by-product of burning coal, is plentiful in COG and can be detrimental to gas turbine hot gas path components. Particulates, in the form of dust particles, are another nuisance contaminant that can shorten the life of the gas turbine’s hot section via erosion and plugging of internal cooling holes. China, the world’s largest steel producing country, has approximately 1,000 coke plants producing 200MT/year of COG. GE Energy has entered into the low British thermal unit (BTU) gases segment in China with an order from Henan Liyuan Coking Co., Ltd. The gas turbines will burn 100% coke oven gas, which will help the Liyuan Coking Plant reduce emissions and convert low BTU gas to power efficiently. This paper will detail the technical challenges and solutions for utilization of COG in an aeroderivative gas turbine, including operational experience. Additionally, it will evaluate the economic returns of gas turbine compared to steam turbine power generation or methanol production.
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Sagareli, Sergo. "Traction Power Systems Reliability Concepts." In ASME/IEEE 2004 Joint Rail Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/rtd2004-66012.
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Reliability of a traction power system may be defined as its ability to continuously supply electrical power of adequate quality during sudden disturbances such as a short circuit or loss of system elements, while operating with a normal scheme configuration, or during scheduled maintenance and repairs, without causing safety hazards, train delays or public nuisance. While the utility power systems’ reliability may be expressed in outage minutes per year (or any other time period), which is calculated as a ratio of customers’ electrical energy deprivation to system’s total power capacity, for a traction power systems’ reliability evaluation, minutes of train delays caused by power interruption or relative values such as delay minutes per passenger-mile may be utilized. Considering the accelerated growth of traction power systems across the US in recent and coming years [1], creation of a reliability council similar to NERC [2] to develop reliability standards within the railroad industry may be highly beneficial: it could pull together statistical data on reliability from different railroads, analyze them, and develop guidelines and recommendations for optimal solutions to provide adequate reliability with the lowest cost possible. IEEE Traction Power Substation Committee and AREMA Committee 33 on Electrical Energy Utilization could initiate and lay groundwork for the creation of such a council. While most of the contingency situations may be predicted and counteracted on the design stage, only the real-life experience is the ultimate test for reliability. That’s why it is so important to keep and analyze records of any outages and contingencies encountered during traction power system operations. Records for these purposes may be provided by Multi-Purpose Relays [3] that become widely used in recently built substations. Classification of voltage events in future Standard may be based on the Institute of Electrical and Electronic Engineers Standard 1159-1995 “IEEE Recommended Practice for Monitoring Electric Power Quality” [4], classification of reliability events — according to NERC Planning Standards [2].
Reports on the topic "Nuisance law"
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Ayala, David, Ashley Graves, Colton Lauer, et al. Flooding Events Post Hurricane Harvey: Potential Liability for Dam and Reservoir Operators and Recommendations Moving Forward. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2018. http://dx.doi.org/10.37419/eenrs.floodingpostharvey.
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When Hurricane Harvey hit the Texas coast as a category 4 hurricane on August 25, 2017, it resulted in $125 billion in damage, rivaling only Hurricane Katrina in the amount of damage caused. It also resulted in the deaths of 88 people and destroyed or damaged 135,000 homes. Much of that devastation was the result of flooding. The storm dumped over 27 trillion gallons of rain over Texas in a matter of days. Some parts of Houston received over 50 inches of rainfall. The potential liability that dam and reservoir operators may face for decisions they make during storm and flooding events has now become a major concern for Texas citizens and its elected officials. Law suits have now been instituted against the federal government for its operation of two flood control reservoirs, as well as against the San Jacinto River Authority for its operation of a water supply reservoir. Moreover, the issues and concerns have been placed on the agenda of a number of committees preparing for the 2019 Texas legislative session. This report reviews current dam and reservoir operations in Texas and examines the potential liability that such operators may face for actions and decisions taken in response to storm and flooding events. In Section III, the report reviews dam gate operations and differentiates between water supply reservoirs and flood control reservoirs. It also considers pre-release options and explains why such actions are disfavored and not recommended. In Section IV, the report evaluates liabilities and defenses applicable to dam and reservoir operators. It explains how governmental immunity can limit the exposure of state and federally-run facilities to claims seeking monetary damages. It also discusses how such entities could be subject to claims of inverse condemnation, which generally are not subject to governmental immunity, under Texas law as well as under the Fifth Amendment to the U.S. Constitution. In addition, the Section discusses negligence and nuisance claims and concludes that plaintiffs asserting either or both of these claims will have difficulty presenting successful arguments for flooding-related damage and harm against operators who act reasonably in the face of storm-related precipitation. Finally, Section V offers recommendations that dam and reservoir operators might pursue in order to engage and educate the public and thereby reduce the potential for disputes and litigation. Specifically, the report highlights the need for expanded community outreach efforts to engage with municipalities, private land owners, and the business community in flood-prone neighborhoods both below and above a dam. It also recommends implementation of proactive flood notification procedures as a way of reaching and alerting as many people as possible of potential and imminent flooding events. Finally, the report proposes implementation of a dispute prevention and minimization mechanism and offers recommendations for the design and execution of such a program.