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Journal articles on the topic 'Remoteness of damage'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Stauch, Marc. "Risk and Remoteness of Damage in Negligence." Modern Law Review 64, no. 2 (2001): 191–214. http://dx.doi.org/10.1111/1468-2230.00316.

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2

Tingle, John. "Clinical negligence and causation and remoteness of damage." British Journal of Nursing 11, no. 22 (2002): 1472–74. http://dx.doi.org/10.12968/bjon.2002.11.22.10958.

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3

O'Sullivan, Janet. "Remoteness of damage in negligence: a rotten structure collapses." Cambridge Law Journal 58, no. 1 (1999): 1–48. http://dx.doi.org/10.1017/s000819739925101x.

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INThe Wagon Mound (No. 1) [1961] A.C. 388, Viscount Simmonds expressed the hope that, by replacing directness (and its attendant “insoluble” problem, the search for breaks in the chain of causation) with reasonable foreseeability as the test for remoteness of damage in negligence, “the law will be simplified and . . . palpable injustice will be avoided”. Lawyers have long recognised that the first of these aspirations has failed dismally. Regrettably, the Court of Appeal decision in Jolley v. Sutton London Borough Council [1998] 1 W.L.R. 1546 provides a stark example of failure on both counts.

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4

Cartwright, John. "Remoteness of Damage in Contract and Tort: A Reconsideration." Cambridge Law Journal 55, no. 3 (1996): 488–514. http://dx.doi.org/10.1017/s0008197300100480.

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The starting point for any rule of remoteness of damage is the familiar notion that a line must be drawn somewhere: it would be unacceptably harsh for every tortfeasor or contract breaker to be responsible for all the consequences which he has caused. We could, of course, just abandon any attempt to formulate rules for this area, and look to the judge's pragmatic discretion as to what is “fair” in the circumstances of the particular case: let it be simply a question of fact. Certainly, the question of where to draw the line on recoverability of consequential losses cannot be answered by a math

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5

Hood, Parker. "Remoteness of Damage in Contract Revisited: Balfour Beatty v Scottish Power." Edinburgh Law Review 1, no. 1 (1996): 127–35. http://dx.doi.org/10.3366/elr.1996.1.1.127.

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6

Tettenborn, Andrew. "Property Damage and Economic Loss: Should Claims by Property Owners Themselves Be Limited?" Common Law World Review 34, no. 2 (2005): 128–43. http://dx.doi.org/10.1350/clwr.34.2.128.65367.

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This article takes a fresh look at the ‘economic loss rule’ in torts concerning damage or destruction of property: that is, the rule that while the owner of the damaged property can claim for all consequential losses subject only to remoteness limitations, claims by others for losses they suffer as a result of the damage are severely limited. The problems of anomaly and arbitrariness caused by the rule are well documented. The argument put forward here, however, is that these problems arise not so much because the non-owner has too few rights, but rather because the owner has too many. My conc

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7

Kidner, Richard. "Remoteness of damage: the duty-interest theory and the re-interpretation or the Wagon Mound." Legal Studies 9, no. 1 (1989): 1–15. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00383.x.

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‘The principle of elegance’ means that the law should be internally consistent with itself, and while it is in no sense an overriding principle it is preferable that rules should be logical rather than illogical within the parameters of the system. The principle cannot of course be an absolute one for there is nothing wrong with inelegance if the state ofaffairs comes about for good reasons of pragmatism or policy. However a consequence of the principle is that where in practical terms the rules of law become inelegant or dislocated, the situation should not be resolved by covering up the disj

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8

Deviatko, Inna F., and Kirill A. Gavrilov. "Causality and Blame Judgments of Negative Side Effects of Actions May Differ for Different Institutional Domains." SAGE Open 10, no. 4 (2020): 215824402097094. http://dx.doi.org/10.1177/2158244020970942.

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Cognitive factors are known to influence lay assessments of causality and blame for negative side effects of intentional actions but specific social determinants of such assessments remain relatively unexplored. In a full-factorial, intraindividual experiment using two blocks of analogous vignettes constructed for two particular institutional action domains (“medical” and “corporate dress code”), we tested the propositions that causality and blame judgments differ between (a) domains and depend on (b) the type of action originator; (c) the type of damage; and (d) the “remoteness” of damage fro

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9

Graham, Steve. "Recent pipeline repair tooling developments." APPEA Journal 49, no. 2 (2009): 588. http://dx.doi.org/10.1071/aj08061.

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Recent events in Australia have focussed attention on the area of pipeline repair. This is historically a largely overlooked discipline, however, the results of failing to make adequate preparation may be significant. A number of tooling systems have been developed that provide intervention capability for the event of pipeline damage. In particular, several pipeline clamp designs have been developed for both high and low pressure applications, in addition to other intervention equipment. This has been supplemented by in-field experience of several of these systems. Additionally, a unique mecha

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10

Smirnova, Tatiana S., Elena A. Mazlova, Olga A. Kulikova, Ilya M. Ostrovkin, Adam M. Gonopolsky, and Kristina V. Cheloznova. "CHEMICAL AND BIOLOGICAL INDICATORS FOR EVALUATION OF ARCTIC SOIL DEGRADATION AND ITS POTENTIAL TO REMEDIATION." Journal of Environmental Engineering and Landscape Management 29, no. 1 (2021): 33–39. http://dx.doi.org/10.3846/jeelm.2021.14366.

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In recent years, significant efforts have been made to accelerate the economic development of the Arctic zone, leading to intense environmental pollution of this region, accompanied by the significant impact of accumulated environmental damage in the region. The solution to these problems is difficult due to the remoteness of these areas and severe climatic conditions. Therefore, it is important to evaluate the potential for restoration of arctic soils. For this purpose, various indicators are used, including biological ones. In the analyzed arctic soil samples, high concentrations of petroleu

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11

Day, William. "REMOTENESS IN CONTRACT DAMAGES." Cambridge Law Journal 80, no. 1 (2021): 29–31. http://dx.doi.org/10.1017/s0008197321000210.

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12

Neilson, Janet L., Christine M. Gabriele, Aleria S. Jensen, Kaili Jackson, and Janice M. Straley. "Summary of Reported Whale-Vessel Collisions in Alaskan Waters." Journal of Marine Biology 2012 (2012): 1–18. http://dx.doi.org/10.1155/2012/106282.

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Here we summarize 108 reported whale-vessel collisions in Alaska from 1978–2011, of which 25 are known to have resulted in the whale's death. We found 89 definite and 19 possible/probable strikes based on standard criteria we created for this study. Most strikes involved humpback whales (86%) with six other species documented. Small vessel strikes were most common (<15 m, 60%), but medium (15–79 m, 27%) and large (≥80 m, 13%) vessels also struck whales. Among the 25 mortalities, vessel length was known in seven cases (190–294 m) and vessel speed was known in three cases (12–19 kn). In 36 ca

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13

Konkova, E. A., and S. V. Lyashcheva. "Yellow leaf spot of winter bread wheat in the Saratov region." Grain Economy of Russia, no. 3 (July 9, 2020): 67–71. http://dx.doi.org/10.31367/2079-8725-2020-69-3-67-71.

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The purpose of the current work was to study the development of tan spot, the causative agent of yellow leaf spot Pyrenophora tritici-repentis (Died) Drechsler on winter bread wheat in the conditions of the Saratov region of Russia. In 2018–2019 there was carried out an estimation of the resistance of 33 winter bread wheat samples to the causative agent of yellow leaf spot. It was established that the varieties “Gostianum 237” and “Levoberezhnaya 1” were characterized by a high level of resistance in the fields. There were identified such weak susceptible varieties as “Victoria 95”, “Gubernia”

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14

Thomson, Joe. "Remoteness of Damages—Extending the Doctrine?" Edinburgh Law Review 8, no. 3 (2004): 405–7. http://dx.doi.org/10.3366/elr.2004.8.3.405.

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15

Bogomazov, N. I. "THE RUSSIAN ADMINISTRATION OF GALICIAN RAILWAYS (SEPTEMBER 1914 – FEBRUARY 1915." Rusin, no. 61 (2020): 91–110. http://dx.doi.org/10.17223/18572685/61/6.

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The article explores the formation of the Russian Administration of Galician Railways in the autumn of 1914. The occupation of Eastern Galicia by Russian troops was followed by the organisation of the civil administration of Galicia. The Galician railways were initially managed by the Southwest Railways. However, it was decided to form a separate Galician network. On October 25, 1914, the Galician Railway Administration was organized, with K.S. Nemeshaev appointed its director. Retreating from Galicia, the Austro-Hungarian army caused significant damage to Galician railways. The military situa

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16

Goudkamp, James. "BREACH OF DUTY: A DISAPPEARING ELEMENT OF THE ACTION IN NEGLIGENCE?" Cambridge Law Journal 76, no. 3 (2017): 480–83. http://dx.doi.org/10.1017/s0008197317000721.

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All causes of action in tort, like all causes of action generally, are constituted by elements or ingredients. It is often the case that these elements are not crisply separated from each other. That is certainly so in relation to the cause of action in negligence, it having regularly been pointed out that none of its elements is self-contained. Denning L.J. took that view further than most. In Roe v Minister of Health [1954] 2 Q.B. 66, 86, he asserted: “you will find that the three questions, duty, causation, and remoteness, run continually into one another. It seems that they are simply thre

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17

Pathak, Dinesh. "Geohazard assessment along the road alignment using remote sensing and GIS: Case study of Taplejung-Olangchunggola-Nangma road section, Taplejung district, east Nepal." Journal of Nepal Geological Society 47, no. 1 (2014): 47–56. http://dx.doi.org/10.3126/jngs.v47i1.23103.

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Landslides and roadside slope failures resulting in road blockage, damage and economic losses are regular phenomena in the mountain regions of Nepal. Road construction in the northern belt of Himalaya is a challenging task, mainly due to the anticipated geo hazard in the region and remoteness of the area. The situation is often intensified in the region due to limited engineering geological and geotechnical information. The geo disaster risk further increases due to road construction. Geo hazard assessment is prerequisite to have best road alignment in mountain areas that are basically landsli

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18

Moore, K. "M/V TONG CHENG: SAFE ASSURANCE, SAFE HAVEN, SAFE RESULTS." International Oil Spill Conference Proceedings 2008, no. 1 (2008): 1051–55. http://dx.doi.org/10.7901/2169-3358-2008-1-1051.

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ABSTRACT On January 12, 2007 the MIV TONG CHENG, a 485 ft. Chinese flag break bulk vessel loaded with cargo and 130,000 gallons of oil, en route to the Panama Canal, notified Coast Guard Sector Honolulu that it had suffered damage to its #2 cargo hold and the hold was full of seawater. Located 700 miles from the nearest port (Honolulu), the vessel'S pumps were unable to keep up with the flooding, and with 26 personnel on board, the vessel advised it was diverting to Honolulu for emergency repairs. As the vessel proceeded toward Honolulu, its decreasing speed, the presence of two additional car

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19

Doran, J. C., J. E. Drinnan, P. F. Macdonell, and K. M. Aken. "Screening selected myrtaceous tree species for production of essential oils in northern Queensland." Australian Journal of Experimental Agriculture 47, no. 6 (2007): 755. http://dx.doi.org/10.1071/ea06191.

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Trials to identify alternative cropping options to Melaleuca alternifolia for northern Queensland essential oil growers were established at Dimbulah and Innot Hot Springs in 2001. Seed sources of Asteromyrtus symphyocarpa (1,8-cineole form), Eucalyptus staigeriana (citral), Melaleuca cajuputi subsp. cajuputi (trans-nerolidol), M. ericifolia (d-linalool), M. quinquenervia (trans-nerolidol and viridiflorol forms) and M. viridiflora (methyl cinnamate) with potential to produce commercial foliar oils were evaluated. Information was gathered on their adaptability, growth and oil yields over 49 mont

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20

Halladay, John. "Transfield Shipping Inc v Mercator Shipping Inc (The “Achilleas”) [2008] 2 Lloyd's Rep 275." Denning Law Journal 21, no. 1 (2012): 173–79. http://dx.doi.org/10.5750/dlj.v21i1.350.

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REMOTENESS OF CONTRACTUAL DAMAGESOn 9 July 2008, the House of Lords handed down its decision in Transfield Shipping Inc v Mercator Shipping Inc (The “Achilleas”).1 Overturning a series of lower decisions, the House of Lords unanimously decided to restrict the damages available for the breach of a charterparty caused by the late re-delivery of the ship. The case will undoubtedly be important for those in the shipping industry, but will also be important for the development of the doctrine of remoteness of damages in contract law.

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21

Burrows, Andrew. "Legislative Reform of Remedies for Breach of Contract: The English Perspective." Edinburgh Law Review 1, no. 2 (1997): 155–79. http://dx.doi.org/10.3366/elr.1997.1.2.155.

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This paper,first delivered on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach ofcontract, is an examination ofthose areas ofremediesfor breach ofcontract that are, or have been, the subject of review by the English Law Commission. The following topics are addressed: aggravated, exemplary and restitutionary damages; contributory negligence as a defence to breach ofcontract; interest on late payment of contractual debts; damages in contracts for the benefit of third parties; penalty clauses; and limitation

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22

Сарсацкая, Анна, and Anna Sarsatskaya. "CONTENT OF PHOTOSYNTHETIC PIGMENTS IN URBAN WOOD SPECIES." Bulletin of Kemerovo State University. Series: Biological, Engineering and Earth Sciences 2017, no. 4 (2017): 9–14. http://dx.doi.org/10.21603/2542-2448-2017-4-9-14.

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<p>The study features the content of photosynthetic pigments in the leaves of <em>Larix sibirica </em>Ledeb, <em>Tilia cordata </em>Mill, <em>Populus alba </em>Ledeb <em>x Populus sowietica piramidalis </em>Jabl, <em>Acer negundo </em>Ledeb and <em>Acer tataricum </em>Ledeb in various types of urban green zones. It has been established that the pigment content is a species trait and correlatively depends on the growing conditions (remoteness from pollution sources and transport highways). In ecologically safe areas,

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23

Azhar, Muhamad, Suhartoyo Suhartoyo, Putut Suharso, Vivi Endar Herawati, and Nanik Trihastuti. "Prospect on Implementation of National Fish Logistics System: case in Indonesia." E3S Web of Conferences 47 (2018): 06009. http://dx.doi.org/10.1051/e3sconf/20184706009.

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The policy to realize the sustainable supply of fish (especially marine fish commodities), face the fundamental constraints of seasonal factors, remoteness and characteristic of damaged fish commodities. At the time or harvest season, the production of catch fish can be abundant, but in the famine season, there is the opposite condition. Meanwhile, on the consumer (community) and industry side, fish supply must be available all the time without getting to know the season in constant amount. The research aims to find out the prospect of implementation of national fish logistic system or Sistem

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24

Ammartyothin, Surasak, Issac Ashkenasi, Dagan Schwartz, et al. "Medical Response of a Physician and Two Nurses to the Mass-Casualty Event Resulting in the Phi Phi Islands from the Tsunami." Prehospital and Disaster Medicine 21, no. 3 (2006): 212–14. http://dx.doi.org/10.1017/s1049023x00003691.

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AbstractThe Phi Phi Islands are isolated islands located about one hour by ship from the mainland in Krabi province of Thailand. There is a small medical facility where the director is the one physician that provides care to residents and tourists. This small medical facility faced an enormous mass casualty incident due to the 2004 Tsunami. The hospital was damaged by the Tsunami wave and was not functional, one crew member died and another was injured. Medical care and evacuation posed a unique problem in the Phi Phi Islands due to remoteness, limited medical resources, lack of effective comm

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25

"A Critical Economic and Comparative Analysis of the Doctrine of Remoteness of Damage in Contract and Its Functional Equivalents." Journal of Law and Jurisprudence, 2016. http://dx.doi.org/10.14324/111.2052-1871.064.

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26

Abramiuk, Marc A. "A recent reconnaissance of the central Helmand Valley." Antiquity 91, no. 359 (2017). http://dx.doi.org/10.15184/aqy.2017.173.

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Archaeological fieldwork in the central Helmand Valley of modern-day Afghanistan has been sparse as a result of the region's remoteness and lack of security; the work that has been done suggests that the area has been occupied since prehistoric times. The Central Helmand Archaeological Study (CHAS) is the most recent archaeological field research to be conducted in the valley. It was launched in 2011 with the support of the US Marine Corps and the Government of the Islamic Republic of Afghanistan, to locate and record archaeological sites in the region and to report any evidence of looting or

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27

Gibson, Roger, Timothy Marais, Lewis D. Ashwal, et al. "An investigation of the 27 July 2018 bolide and meteorite fall over Benenitra, southwestern Madagascar." South African Journal of Science 117, no. 3/4 (2021). http://dx.doi.org/10.17159/sajs.2021/8200.

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Several dozen stones of an ordinary chondrite meteorite fell in and around the town of Benenitra in southwestern Madagascar during the early evening of 27 July 2018, minutes after a widely observed meteor fireball (bolide) transit and detonation. The event was confirmed by low-frequency infrasound recordings received at ~17h15 UTC (Coordinated Universal Time; 19h15 local time) at the Comprehensive Nuclear Test Ban Treaty Organization (CTBTO) infrasound station I33MG near Antananarivo, 542 km northnortheast of Benenitra. An energy release equivalent to 2.038 kt of TNT was calculated from the in

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28

Deodhar, Rahul Prakash. "Common Law Developments on Remoteness of Damages - Post Achilleas Perspective." SSRN Electronic Journal, 2012. http://dx.doi.org/10.2139/ssrn.2082987.

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29

Edwards, Robin. "Same Bank, Different Capacities: Knowledge, Remoteness and Measure of Damages." Bond Law Review, January 1, 2002. http://dx.doi.org/10.53300/001c.5400.

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30

Tape, Carl, David C. Heath, Michael G. Baker, Scott Dalton, Kasey Aderhold, and Michael E. West. "Bear Encounters with Seismic Stations in Alaska and Northwestern Canada." Seismological Research Letters, August 21, 2019. http://dx.doi.org/10.1785/0220190081.

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ABSTRACTA typical seismic experiment involves installing 10–50 seismometers for 2–3 yr to record distant and local earthquakes, along with Earth’s ambient noise wavefield. The choice of the region is governed by scientific questions that may be addressed with newly recorded seismic data. In most experiments, not all stations record data for the full expected duration. Data loss may arise from defective equipment, improperly installed equipment, vandalism or theft, inadequate power sources, environmental disruptions (e.g., snow covering solar panels and causing power outage), and many other rea

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31

Mendoza, Noelia, Adriana Casao, Juan Domingo, et al. "Influence of Non-conventional Sperm Quality Parameters on Field Fertility in Ovine." Frontiers in Veterinary Science 8 (May 7, 2021). http://dx.doi.org/10.3389/fvets.2021.650572.

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The prediction of the fertilizing ability of a seminal dose continues to be a primary aim in the field of artificial insemination (AI). To achieve this goal, in this study we have included the evaluation of some non-conventional sperm quality markers. A total of 3,906 ewes from 52 different farms were inseminated with 357 refrigerated seminal doses obtained from 45 mature Rasa Aragonesa rams. The same samples were used for sperm quality analysis including membrane integrity, capacitation status, oxygen consumption and apoptotic-like markers such as phosphatidylserine translocation (PS), plasma

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32

Dissanayake, DMMI, and WHMS Samarathunga. "Post-war city to a tourism city: the perspectives of local stakeholders on post-war city tourism development in Jaffna, Sri Lanka." International Journal of Tourism Cities ahead-of-print, ahead-of-print (2021). http://dx.doi.org/10.1108/ijtc-05-2020-0111.

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Purpose Wars destroy the tourism cities by causing damages to their cultural and natural attractions. However, the post-war cities have great upward potentials to develop through careful and integrated tourism planning. Thus, the purpose of this paper is to identify the perspectives of local stakeholders on tourism development in a post-war city. Design/methodology/approach The study used qualitative methods in collecting and analysing the data while closely referring to pertinent literature. Interviews, observations and focus-group discussions have been the main data collection tools and cont

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33

Maier-Rigaud, Frank P. "Auf dem Holzweg: Zu Streuschäden, Betroffenheit und Zurechnung im Rahmen von Schadensersatzklagen (Barking up the Wrong Tree: On Dispersed Victims, Remoteness and Standing in the Context of Damages Claims)." SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3444778.

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34

Boblitz, Alexa. "Access to essential medicines within the ethnic health system in eastern Myanmar." Inquiry@Queen's Undergraduate Research Conference Proceedings, March 25, 2019. http://dx.doi.org/10.24908/iqurcp.13372.

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The eastern border region of Myanmar is a mainly rural area, with a large population of vulnerable groups due to internal displacement and ongoing ethnic conflict and discrimination. Myanmar has the 2nd lowest overall health system performance out of 191 countries internationally, and reports indicate that ethnic communities are largely excluded from formal healthcare. Health and human rights concerns have been raised over limited access to essential medicines (AEM)1,2. Implications of not having AEM, such as antibiotics and vitamins, include high rates of morbidity, suffering, and morality at

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