As International Atomic Energy Agency has stated in its Handbook on Nuclear Law, “Even in situations for which the highest standard of safety has been achieved, the occurrence of nuclear accidents cannot be completely excluded.” Therefore, the international legal framework for nuclear damage compensation liability has been evolving since the establishment of Nuclear Energy Agency of Organization for Economic Co-operation and Development (OECD NEA) and International Atomic Energy Agency (IAEA). Over the years, various international treaties have been enacted to address the compensation of nuclear damage and to establish liability regimes for nuclear incidents. To date, these treaties have established a series of legal principles of nuclear damage liability, such as the sole liability principle, the strict liability principle, the financial guarantee principle etc., which have been developing since establishment. This paper offers an overview of the historical development of the principles of these international treaties for nuclear damage liability and thus draws upon both primary and secondary sources, including treaties, official documents, academic literature, and reports by international organizations. Including the legislation study methodology, comparative methodology is also adopted in this paper to analyze the changes and trend of these principles. The paper reveals that the Paris Convention, which was established in 1960, was the first attempt to establish a comprehensive legal regime for nuclear damage liability. Most of the principles of this Convention have been inherited by subsequent international treaties and domestic legislations. With the awareness of protecting public’s rights having been significantly strengthened, the range of compensation has been broader, the matters of immunity from liability for operators of nuclear power plants have been reduced, the limitation of the compensation amount has been higher etc. In conclusion, the international legal regime for nuclear damage liability has been showing a shift from protecting the development of the nuclear industry to a joint protection of both public health and rights and the nuclear industry, which should be paid attention to and deeply learnt by domestic legislators of all states for the establishment and perfection of their domestic legislation in this field.
In modern conditions of instability and changes in the factors of the environment of the functioning of many business structures, the construction of their management systems is becoming more complicated; the issue of the conceptual principles of enterprise management is becoming especially important. The conducted research is aimed at substantiating the conceptual principles of enterprise management, defining tasks, and developing recommendations for increasing the efficiency of business processes, strengthening economic potential, and ensuring adaptation to modern challenges. It was determined that under the enterprise management system, it is advisable to consider the methods of influence and interaction between the subject and the object of management, which is based on compliance with principles, using methods, and performing functions in order to achieve the set goals and fulfill the tasks of the enterprise’s activities. The authors proposed a structure of procedural support for building an enterprise management system, which includes. The study developed a system of principles for building organizational structures for managing the activities of enterprises. The main principles of organizing the process of managing a production enterprise include achieving economic efficiency, personal material interest, single leadership, self-management, proportionality, and systematicity. The main recommendations for improving the efficiency of business processes and ensuring adaptation to modern challenges include: the use of digital platforms for promoting the corporate mission, vision and values; the creation of interactive employee training programs; the use of analytical tools for collecting and analyzing data; forecasting market trends and modeling development scenarios; the implementation of systems for integrating key enterprise functions; the use of specialized platforms for risk assessment; building a culture of innovation; methodological support for monitoring the results of the implementation of digital tools; the integration of environmental and social initiatives into all levels of management.
The principle of legality constitutes one of the basic principles of the government’s rule of law, and as a result, it has been recognized as one of the most essential guarantees of human rights. The goals of sustainable development have a strong link with the principle of legality, and achievements in accomplishing a goal can frequently contribute to the accomplishment of other goals in addition. The United Arab Emirates’ constitutional framework, regulations, and rules, along with the goals for sustainable development (SDGs), were profoundly affected by the principle of legality. The method in which international standards and laws have been integrated into the UAE’s national legal framework provides definitive proof of this effect. The research concluded that all published and unofficial legal regulations have to be respected in order for public authorities to use within the limits of the principle of legality. These involve adhering to the standards of positive legitimacy and the fundamental regulations the community agrees on.
Copyright © by EnPress Publisher. All rights reserved.