Abstract The purpose of this paper is to analyze one of the budgets of the compensation action for environmental damage contemplated in Article 63 of Law 19,300: evident manifestation of ...environmental damage; aspect that presents difficulties at the level of interpretation of extralegal categories such as those represented in the phrase “evident manifestation” used in the legal text. This causes the need to analyze to what extent that factual representation called ‘manifestation of environmental damage’ can constitute a limitation when deciding a litigation in which the existence of the same is discussed. Subsequent legal modifications (law 20,600, for example, created by environmental tribunals) do not start the understanding of the concepts we propose in this work. Moreover, we argue that the evident manifestation requirement is not with respect to the action for environmental damage that is regulated by Law 20,600, but rather to the civil action for compensation of the damage that is still unharmed by Law 19,300. In fact, the modifications introduced to the procedure in the first law cited do not prevent the present analysis.
Resumen El presente trabajo analizamos uno de los presupuestos de la acción indemnizatoria por daño ambiental contemplada en el art. 63 de la Ley n.° 19300: la manifestación evidente del daño ambiental; aspecto que presenta dificultades en el ámbito de interpretación de categorías extrajurídicas como las representadas en la frase “manifestación evidente” utilizada en el texto legal. Esto provoca la necesidad de saber en qué medida esa representación fáctica denominada “manifestación del daño ambiental” puede constituir una limitante al momento de decidir un litigio en que se discuta la existencia del mismo. Las modificaciones legales posteriores (Ley n.° 20600, que crea los tribunales ambientales) no empecen el entendimiento de los conceptos que planteamos en el presente trabajo. Es más, sostenemos que el requisito de manifestación evidente no lo es respecto de la acción por daño ambiental que se regula en la Ley n.° 20600, sino que a la acción civil indemnizatoria del daño que sigue encontrándose incólume en la Ley n.° 19300. De hecho, las modificaciones introducidas al procedimiento en la primera ley citada, no perjudican el presente análisis.
The question of why mentees stay with a dysfunctional mentor has puzzled many scholars. In this paper, we argue that fresh graduates in an ongoing mentoring relationship are bombarded with feedback ...from both good and bad events that happen between them and their mentor, making it difficult for the mentee to know, with certainty, if their relationship with the mentor is objectively positive or negative. To decide whether they should stay with a mentor, we propose that mentees will constantly seek clues from their daily interactions with the mentor to judge if they will receive future benefits from the relationship. Drawing inferences from the intimate partner violence literature, we propose that fresh graduate mentees might misinterpret negative interactions with the mentor in a positive light, thus deciding to stay in the relationship because they expect to receive future benefits despite having experienced negative mentoring experiences.
Key points
The decision to stay in mentoring relationship is influenced by subjective expectation.
Mentees infer their relationship with mentor from significant interactions.
If the interactions are positive, the mentee will stay in the relationship, hoping for future benefits.
If the interactions are negative, the mentee will cope emotionally by reinterpreting event positively.
Positive reinterpretation leads to positive expectations and a decision to stay.
This piece ofresearch is an inquiry into the impact of the introduction of innovative approaches to the teaching of literacy on primary school teachers in the Republic of Mauritius. This is a ...design-based research, that is, it is about researching the implementation of a project involving introducing new teaching approaches in the teaching of literacy skills. The pedagogical intervention, initiated by the Mauritius Institute of Education, takes place in the 27 low-achieving primary schools grouped under the concept of educational priority areas or “Zones d’Education Prioritaires” (ZEP). The aim of the research was to analyse to what extent the implementation of an interventional compensatory action has helped in the transformation of teachers in classroom practices in their beliefs about teaching and learning. The impact of the pedagogical intervention has been assessed on the degree of transformation observed among the different types of teachers. Three types of teachers’ involvement in the project have been identified: the discursive teachers; the practical teachers; the resistant teachers. Teachers’ involvement has been strongly influenced by their beliefs and attitudes which have their source in a context of traditional practices and teacher-centeredness.
This paper proposes new models of diseased joints and evaluates the effectiveness of walking aids such as a cane and a brace for compensating for lost functions due to joint disorders. The ZMJ ...concept described in the previous work (Yamashita and Tagawa, 1988. In: Radharaman (Ed.), Robotics and Factories of the Future’87. Springer, New York, pp. 670–677) is modified into three joint models as follows: a passive element joint (PEJ) which has a spring at the diseased joint; a constrained range joint (CRJ), the motion of which stays within some constrained relative angle; a partial moment joint (PMJ) which can produce a partial amount of the moment produced about the joint in normal walking. A cane can enlarge a supporting area and adjust the posture of the upper torso to be upright. An ischial weight-bearing brace is effective for conservative management of hip disorders by reducing a load to the joint (Shiba et al., 1998. Clinical Orthopaedics and Related Research 351, 149–157). Walking aids like a cane or brace have been conveniently used by the handicapped. Abnormal walking was simulated for each joint model. Dynamic effects of a cane and a brace on abnormal walking were examined by the multi-body walking model.
The relationships between total occlusal crown area and the basal cusp areas of the accessory distal tubercle (C5) and the hypocone were analysed in molars of complete upper tooth rows of a southern ...African sample. While non-parametric tests between hypocone and C5 sizes did not yield statistically significant results, analyses of metrical data revealed a trend towards compensatory interaction between both cusps. Contrary to previous reports the size of C5 was found to be independent of total crown area. As enamel is thickest on cusp tips there may be a functional reason for the frequency of occurrence of the distal accessory tubercle. The pattern of distribution of the hypocone and C5 within a tooth row may be related to the occlusal wear pattern in Homo, which exhibits a marked lingual slope of wear in anterior molars and a horizontal or even buccal slope in posterior teeth.
The appearance of methane during the excavation of tunnels through Carboniferous strata has always been a significantly frequent event. The occurrence of methane in tunnels poses a twofold problem. ...On the one hand, there are the associated hazards for the safety of personnel: methane is both an inflammable and an explosive gas. It therefore becomes very important to estimate the methane flow reaching the tunnel as it advances in order to minimize risks and the negative effects of methane-related incidents. A number of calculation methods have been developed to estimate methane emissions in these specific underground workings. At the same time, methane is a potent greenhouse gas, with environmentally harmful effects and a pollutant potential more than 20 times that of carbon dioxide. The immediate consequence is that the aforementioned calculations methods should enable methane emissions to be predicted and allow the environmental impact of these methane emissions into the atmosphere to be assessed using the values thus estimated. In the present paper, a research study into CH4 emissions in the Variante de Pajares tunnels has been used to estimate the equivalent emission of CO2 to the atmosphere. Some significant compensatory actions are accordingly proposed to mitigate the environmental effects of tunnels excavated through methane-prone coalbeds and to contribute to the sustainable development of the affected areas. The results obtained would apply directly to the strata where they have been validated; however, it is not difficult to extrapolate the proposed methodology to other coal basins and other tunnels in similar conditions.
► The pattern of CH4 emissions in the Variante de Pajares tunnels is described. ► The equivalent emission of CO2 to the atmosphere is then estimated. ► It is compared with other CO2 sources commonly appearing in tunnels. ► Compensatory actions are proposed to mitigate the methane environmental effects. ► These actions contribute to the sustainable development of the affected areas.
Using a Before/During/After sampling protocol, the effects of the Le Havre harbour extension, which was started at the end of 2001, on the macrobenthic and suprabenthic communities in the eastern Bay ...of Seine (English Channel) were examined. As the construction phase has not yet been completed, the results presented here reflect only the data collected before and during the operations (September 2000 and 2002 for benthos sampling and March 2001, September 2001, October 2002 and March 2003 for suprabenthos sampling). Although bio-sedimentary changes did occur at the mouth of the Seine river, an analysis of benthic assemblages reveals that the dredging and construction operations do not seem to have influenced assemblage structure or the spatial distribution of organisms. Comparisons of the suprabenthic assemblages at each sampling date indicate that seasonal dynamics was mainly responsible for determining species distribution. We conclude that, 1 year into the harbour management plan, the observed changes in benthic and suprabenthic assemblage abundance do not exceed the range of spatial variability that exists naturally in the Seine estuary. Despite this compensatory actions designed to protect the aquatic habitats and to preserve a sustainable and healthy ecosystem have been added to the infrastructure development plan.
This paper presents a multi-body model which can simulate human normal and abnormal walking. The abnormal walking model has a zero moment joint, abbreviated as ZMJ, representing a diseased joint of ...one leg. The joint can transmit a force to adjacent connected bodies, but cannot generate a moment about the joint to control motions of the bodies. Thus the ZMJ can be considered an extreme case of the diseased joint. Compensatory actions are required to make up for the lost function at the ZMJ in different patterns of variables, such as moments at sound joints, motions of upper torso, and so on. The characteristics of the abnormal walking having the ZMJ at the hip joint became so pronounced that the model could not walk in a realistic manner, not the case in the ZMJ at the knee.
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