Academic literature on the topic 'Opinion advisory'

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Journal articles on the topic "Opinion advisory"

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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 (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 (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 stat
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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 functi
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VIDMAR, JURE. "The Kosovo Advisory Opinion Scrutinized." Leiden Journal of International Law 24, no. 2 (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
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Mejía-Lemos, Diego. "Advisory Opinion OC-22/16." American Journal of International Law 111, no. 4 (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
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Orakhelashvili, Alexander. "Kosovo: The Post-advisory Opinion Stage." International Journal on Minority and Group Rights 22, no. 4 (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
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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 (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, thi
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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,
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Polonskaya, Ksenia. "International Court of Justice: The Role of Consent in the Context of Judicial Propriety Deconstructed in Light of Chagos Archipelago." Law & Practice of International Courts and Tribunals 18, no. 2 (2019): 189–218. http://dx.doi.org/10.1163/15718034-12341400.

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Abstract This article examines the notion of consent as an element of judicial propriety as defined by the International Court of Justice (ICJ) in the context of its advisory function. The article situates the issue of judicial propriety within a broader conversation on the Court’s normative outlooks in international law, and examines the most recent advisory opinion on the Chagos Archipelago to understand how the Court itself views its role in international law. The article concludes that the Court’s advisory opinions do not provide much clarity as to the circumstances in which a lack of cons
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Pastukhova, L. V., and A. P. Shumilenko. "The Role of the Permanent Court of International Justice (PCIJ) in the Formation of Advisory Competence of International Judicial Bodies." Rossijskoe pravosudie 5 (May 25, 2021): 57–66. http://dx.doi.org/10.37399/issn2072-909x.2021.5.57-66.

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The article is dedicated to the analysis of the role of the Permanent Court of International Justice (PCIJ) in the formation of the advisory competence of modern international judicial bodies. Тhe authors emphasize the historical connection named after of the corresponding articles of the Covenant of the League of Nations, the Statute of the Court (PCIJ) and the Rules of Court (PCIJ). We present a list of reasons for rejection of the request for an advisory opinion; the authors analyze to what extent are states bound by the advisory opinions. A special attention is paid to the review of the pr
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Dissertations / Theses on the topic "Opinion advisory"

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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.<br>El presente artículo aborda el control de
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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
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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.<br>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 st
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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,
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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 opinion
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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
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Books on the topic "Opinion advisory"

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

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Massachusetts. Dept. of Education. Advisory opinion on student discipline. Commonwealth of Massachusetts, Dept. of Education, 1994.

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

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Legal opinion letters formbook. 3rd ed. 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. 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. University of the South Pacific School of Law, 2003.

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Institute, Pennsylvania Bar. Developments in legal opinion letters. 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. 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. International Court of Justice, 1996.

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

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Book chapters on the topic "Opinion advisory"

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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. 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. 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. 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. 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. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780198702375.003.0002.

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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). 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. 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. Oxford University Press, 2015. http://dx.doi.org/10.1093/acprof:oso/9780198717515.003.0008.

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Forteau, Mathias. "The UN Secretary-General and the Advisory Opinion." In The Law and Politics of the Kosovo Advisory Opinion. Oxford University Press, 2015. http://dx.doi.org/10.1093/acprof:oso/9780198717515.003.0009.

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Conference papers on the topic "Opinion advisory"

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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 coun
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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 th
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Ramos, Dawson, Pradeepkumar Ashok, Michael Yi, 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 sys
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Lee, Young Wook, Suk Hoon Kim, Young Ho Cho, et al. "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
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Von Fischer, Sabine. "Listening and the League of Nations: Acoustics Are the Argument." In LC2015 - Le Corbusier, 50 years later. 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
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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
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