In Australia, the developments of hazard-specific legislation, policy and guidelines aims to minimise community exposure to the adverse effects of natural hazards. This occurs under policies of ecologically sustainable development land-use planning processes, which must also now involve the assessment of hazard-risk. However the development occurring in potentially hazardous environments, for example urban floodplains susceptible to flooding, continues to occur as a result of contemporary land-use planning and risk management processes. Why is this an outcome of past and present risk management and land-use planning processes? This thesis finds that a significant factor contributing to this outcome is the discrepancy between the perception and management of risk, particularly acceptable risk, by stakeholders (Local Government, the development industry, risk managers and floodplain occupants). The research is based on an Australian example of an urban floodplain currently under considerable development pressure, but at risk from flooding – Guragunbah (Carrara Merrimac Floodplain) and surrounding suburbs within the Nerang River catchment on the Gold Coast. A case study methodology was adopted, involving a combination of survey data and secondary documents. A basis for the thesis was the modelling of the actual risk decision-making processes operating within the case study Local Government, and the comparison between actual observed process and the theoretical framework outlined by the existing hazard risk management and land-use planning policy, guidelines and legislation. This enabled the identification of key stakeholders and their roles within the risk management and land-use planning processes operating within the case study area. The scope of the results of this thesis indicate that a large proportion of stakeholders external to the Local Government (such as residents and some members of the development industry) do not understand the risks of flooding represented by the standards formally adopted by local government (1-in-100 year flood, for example) and as a result, misinterpret their levels of flood risk exposure. Importantly, the results also indicate that contrasts exist in the flood risks considered to be ‘acceptable’ by the stakeholders, particularly when the potential consequences associated with events are described or illustrated in ‘non-technical’ terms. The extent to which the formal standards are misinterpreted suggests that many stakeholders may potentially be exposed to risks greater than they consider to be ‘acceptable’, but they are assuming that the Local Government (in particular) is setting risk standards that are acceptable to them. The thesis questions the true ‘acceptability’ of the formal standards being adopted through floodplain management policy at the Local, State and Federal levels of Government and identifies management opportunities and constraints in addressing the issue. Obstacles to management change include resource availability, lack of political will and stakeholder consultation. Opportunities for management change include modifying: the approach adopted by Local Governments when constructing planning schemes; the existing planning standards and decisions associated with permissible individual land-use; the mitigation of existing flood risks and exposure; and the communication of flood risk information. In the ‘real-world’ Local Government context, as illustrated by this case study, the issue may be practically addressed by modifying the standards and processes followed to establish acceptable risk.

This thesis focuses on exacerbating chemicals risk in workplaces under the background of rapid industrialization in developing countries. The overall aim is to investigate the development of regulatory tools which aim at minimizing the health risks from chemical substances in the workplace. The contents of the thesis are divided into three sections: the profile of occupational diseases in China (paper I), occupational exposure limits (paper II and III), and comparison between chemicals regulat ions in Europe and China (paper IV). Paper I presents an analysis of the development of occupational diseases in China between 2000 and 2010. The number of recorded cases of occupational diseases increased rapidly in China during this period and the majority of cases were attributable to dust and other chemicals exposures. Difficulties in diagnosis and inefficient surveillance are major impediments to the proper identification and mitigation of occupational diseases. Migrant workers are extremely vulnerable to occupational hazards. Paper II investigates the state of harmonization of OELs between twenty-five OEL systems in Europe and Asia. The majority of the investigated organizations declare themselves to have been influenced by the American Conference of Governmental Industrial Hygienists (ACGIH), and in many cases this can be empirically confirmed. However, large international differences still exist in substance selection and in the level of OELs among organizations. Paper III explores the setting of risk-based OELs on non-threshold carcinogens. Relatively few agencies set risk-based OELs. Differences exist in policy, both regarding the magnitude of risk considered as tolerable or acceptable and whether a general risk level or case-by-case substance-specific risk levels are determined. In regards to the level of the OELs both differences in science and policy contribute, and it was not possible to determine which has the larger influence. Paper III explores the setting of risk-based OELs on non-threshold carcinogens. Relatively few agencies set risk-based OELs. Differences exist in policy, both regarding the magnitude of risk considered as tolerable or acceptable and whether a general risk level or case-by-case substance-specific risk levels are determined. In regards to the level of the OELs both differences in science and policy contribute, and it was not possible to determine which has the larger influence. Paper IV systematically compares the regulation systems for chemicals in the EU and China in terms of substances covered, requirement on information, risk assessment and risk management. It shows that the European and Chinese chemicals legislations are remarkably similar.The differences are larger in terms of substance coverage and data requirements than in terms of risk assessment and management. Substitution of hazardous substances is driven more by updates of the EU regulatory system than of the Chinese system. / <p>QC 20130830</p>

Responsibility of the doctor in criminal law and the circumstances under which it is possible to carry out medical procedures without the threat of legal punishment is a topic that has been, is and will be always up to date. It is a complex set of problems, which includes aspects of moral, medical and legal. In my thesis I focused on relationship between doctor's proffession and legal aspects of his work according to criminal law. Its goal is to describe the issue of the practice of medicine and circumstances of justification in terms of legislation in the Czech Republic. The thesis consists of three chapters. The first chapter provides an introduction to the problem and the reasons that led me to choose this topic work. The second chapter is devoted to criminal liability and is divided into two parts. The first contains the general conditions that are necessary for criminal liability of doctors. The second part contains the typical and most common possible crimes that may physician in the exercise of their profession commit. The third and most extensive chapter has focused on description of the circumstances of justification. The chapter is divided into four parts. Firstly it deals with self-defense and legitimate use of weapons that are not too common in the medical environment. Then I focus on...

Submitted by Nadir Basilio (nadirsb@uninove.br) on 2016-06-21T19:03:09Z No. of bitstreams: 1 Henrique Naoki Shimabukuro.pdf: 1369424 bytes, checksum: 0a2567715985b97b39349f93f9f3c4cb (MD5) / Made available in DSpace on 2016-06-21T19:03:09Z (GMT). No. of bitstreams: 1 Henrique Naoki Shimabukuro.pdf: 1369424 bytes, checksum: 0a2567715985b97b39349f93f9f3c4cb (MD5) Previous issue date: 2016-02-15 / The use of chemical products and dangerous chemicals, known as hazardous materials or hazmats, increased with the development around the world. The industrial poles that consume these products have spread through developed and developing countries, including Brazil. This resulted in a growing quantity of chemicals and hazardous products transported on the streets, avenues and highways of the country. An immediate result was an expansion of road transportation of these substances, the increase of accidents with hazmat transportation and consequent rising in the risk to the highway and to the nearby population with these accidents. Considering the above, national and international literature was researched with the objective to find for tools that can make an analysis and evaluation of the risk to the highway and population living near these accidents with hazmat, besides the possibility of choice for other rotes as form of prevention to these accidents and a decrease in risk and cost. It was used four mathematical equations that were able to be analyzed through the data provided by two active highway concessionaires in São Paulo state, the concessionaire Auto Pista Arteris Régis Bittencourt (Régis Bittencourt highway) and the concessionaire Rota das Bandeiras (Corredor Dom Pedro, a set of highways from the city of Campinas, which the main highway is Dom Pedro I). These information, though they were not complete, in the sense that they were not totally provided as requested, were able to be applied in the mathematical equations. Despite some limitations, the resulting evaluation showed that these mathematical sentences can be utilized in highway and nearby population risk analysis and for the possibility of the choice for new routes, but it also requires an improvement of the database, especially the public and highway concessionaire databases. / O uso de produtos químicos e produtos químicos perigosos, chamados hazardous materials, aumentou com o desenvolvimento industrial. Os pólos industriais consumidores desses produtos aumentaram nos países desenvolvidos e em desenvolvimento, incluindo o Brasil. Isto resultou na crescente quantidade de produtos químicos e produtos químicos perigosos transportados nas ruas, avenidas e rodovias do país. Um resultado imediato foi a expansão do transporte rodoviário dessas substâncias, crescimento do número de acidentes no transporte rodoviário de produtos perigosos (PP) e consequente aumento do risco à rodovia e à população lindeira com esses acidentes. Diante disso, pesquisou-se a literatura nacional e internacional com o objetivo de buscar por ferramentas que possam proporcionar a análise, e avaliação dos riscos à rodovia e à população adjacente aos acidentes com PP nas rodovias, além da possibilidade de escolha de outras rotas como forma de prevenção a esses acidentes e diminuição de riscos e custos. Utilizaram-se quatro equações matemáticas que puderam ser analisadas por intermédio de dados fornecidos por duas concessionárias de rodovias atuantes no estado de São Paulo, a Concessionária Auto Pista Arteris Régis Bittencourt (Rodovia Régis Bittencourt) e a Concessionária Rota das Bandeiras (Corredor Dom Pedro, conjunto de rodovias na região da cidade de Campinas, cuja principal rodovia é a Rodovia Dom Pedro I). Essas informações, embora não tenham sido completas, no sentido de não terem sido fornecidos na totalidade do que foi solicitado, puderam ser aplicadas às equações matemáticas. Apesar de algumas limitações, as avaliações resultantes mostram que essas sentenças matemáticas podem ser utilizadas na análise de risco das rodovias, do risco à população lindeira e para a possibilidade de escolha de novas rotas, mas isso também requer melhora do banco de dados, sobretudo públicos e das concessionárias de rodovias.

cotutelle / Ce mémoire s’intéresse au processus décisionnel en matière de libération conditionnelle et plus particulièrement aux fondements de la prise de décision des commissaires. Il vise à comprendre comment les commissaires interprètent et utilisent les critères de la loi pour décider d’octroyer ou de refuser une libération anticipée. Pour ce faire, une trentaine de recommandations d’intervenants du milieu carcéral et de décisions des commissaires ainsi que des entrevues réalisées auprès de ces derniers sont analysées. Après l’analyse de l’ensemble du matériel, il en ressort que certains critères ont plus d’impact dans la prise de décision et qu’il s’agit, finalement, d’un processus de réflexion complexe, qui ne consiste pas uniquement en un calcul de critères à considérer. La présente recherche démontre que les critères sont utilisés et interprétés de manière différente selon les dossiers. Notamment, la gravité du crime peut justifier un octroi et l’audience permet, certaines fois, de porter un regard différent sur les dossiers. De plus, c’est à travers une notion de confiance que se construit, à son tour, la notion du risque acceptable. / This dissertation focuses on the decision-making process in terms of parole and more particularly the foundations of the decision-making of the commissioners. It aims to understand how commissioners interpret and use the criteria of the law to decide whether to grant or refuse early release. To do this, around thirty recommendations from prison stakeholders and decisions by commissioners, as well as interviews conducted with them, were analyzed. After analyzing all the material, it emerges that certain criteria have more impact in decision-making and that it is, ultimately, a complex reflection process, which does not consist solely of a calculation of criteria to consider. This research demonstrates that the criteria are used and interpreted differently, depending on the files. In particular, the seriousness of the crime can justify a grant and the hearing allows, sometimes, to take a different look at the cases. Furthermore, it is through a notion of trust that the notion of acceptable risk is constructed.