scholarly journals Frequent Crisis and Modern Trends Associated with HAZOP Study in Plants and Industrial Units

2020 ◽  
pp. 43-50
Author(s):  
Kunal Sharma ◽  
Rahul Lodha
Keyword(s):  
Best Practice ◽  
Third Party ◽  
Environmental Concerns ◽  
Chemical Processing ◽  
Legal Requirement ◽  
Project Costs ◽  
Process Hazards ◽  
Financial Environment ◽  
Made In ◽  
Industrial Units

Hazard and operability (HAZOP) analysis has a well-deserved reputation for systematic and thorough evaluation of process hazards in industrial units. The method is now widely known and is in prevalent use in the chemical processing industries; so much so that in many industries performing a HAZOP has become a legal requirement for new or modified industrial units. A number of guides exist for conducting HAZOPs, the most recent being the IChemE guidelines on finest practice – second edition, published in the year 2008. In exercise however, following best practice is not that easy and many compromises have to be made in order to finish the task an added hurdle occurs when the HAZOP is led by a self-governing leader from an external company or third party as is increasingly the case. In this circumstance the person in charge also has to satisfy the customer or customer’s requirements which do not always match to the best custom. In addition there is a drift to lessen HAZOP study scope to safety health and environmental concerns only and to exclude operability and consistency issues. This has resulted from a observance mindset, possibly in an attempt to lessen liabilities. HAZOP is increasingly being seen as a conformity tool rather than as a tactic to ensure a secure, trustworthy and well designed plant. With the current financial environment we can expect these hitches to increase as project costs come under enhanced pressure and the extent of many projects is reduced. This paper discusses some of the more frequent crisis that occur during HAZOPs and some of the possible solutions in industrial units.

Abaclat and Others (Case Formerly Known as Giovanna a Beccara and Others) v. Argentine Republic

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 364-423
Keyword(s):  
Economic Development ◽  
Due Process ◽  
Burden Of Proof ◽  
Third Party ◽  
Foreign Investor ◽  
Content Type ◽  
Host State ◽  
Sovereign Bonds ◽  
Investment Treaty ◽  
Made In

364Jurisdiction — Investment — Contract — Whether a dispute arising out of and in relation to sovereign bonds was an investment treaty dispute rather than a mere contractual dispute — Whether forum selection clauses influenced the place where the alleged investment was deemed to have been madeJurisdiction — Investment — Sovereign bonds — Contribution — Interpretation — Whether security entitlements derived from sovereign bonds constituted obligations or public securities within the definition of investment under the BIT — Whether the investors had made contributions leading to the creation of value that the contracting parties intended to protect under the BITJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Salini test — Contribution — Whether the Salini test was the right approach to determine whether an investment had been made — Whether protection of security entitlements derived from sovereign bonds was consistent with the spirit and aim of the ICSID Convention — Whether the ICSID Convention sets the outer limits of consent given under the BITJurisdiction — Investment — Sovereign bonds — Legality — Whether the investment was made in compliance with municipal lawJurisdiction — Investment — Sovereign bonds — Territory — Economic development — Whether the investment was made in the territory of the host State — Whether it was sufficient for the invested funds to have supported the host State’s economic development — Whether it was necessary for investments of a purely financial nature to be linked to a specific economic enterprise or operation taking place in the territory of the host StateJurisdiction — Foreign investor — Nationality — Timing — Whether the investors held the nationality of the home State — Whether natural and juridical persons met certain requirements prior to the registration of the request for arbitrationJurisdiction — Foreign investor — Mass claim — Burden of proof — Whether the investors bore the burden to prove each of them met the requirements of jurisdictionJurisdiction — Foreign investor — Sovereign bonds — ICSID Convention, Article 25 — Whether a party that has purchased security entitlements derived from sovereign bonds through layers of intermediaries may still be classified as the party having made an investmentJurisdiction — Consent — Fraud — Whether the State may invoke the investor’s allegedly fraudulent consent to challenge the validity of the agreement to arbitrate the dispute365Jurisdiction — Consent — Mass claim — Procedure — Whether specific consent was required in regard to the procedure for arbitration in the form of collective proceedings or collective mass claimsJurisdiction — Consent — Prior consultation — Domestic litigation requirement — Whether prior consultation and domestic litigation requirements in the dispute resolution clause of a BIT were relevant to whether the host State consented to arbitrationAdmissibility — Mass claim — ICSID Convention — Denial of justice — Whether the mass aspect of a dispute was admissible under the current ICSID framework — Whether to deny the admissibility of mass claims would be a denial of justiceAdmissibility — Prior consultation — Domestic litigation requirement — Whether the failure to meet the requirements of prior consultation and domestic litigation rendered the claims inadmissible — Whether municipal courts would have resolved the dispute within 18 monthsProcedure — Mass claim — ICSID Convention — ICSID Arbitration Rules — Interpretation — Whether the silence of the ICSID framework in respect of collective proceedings was to be interpreted as a gap — Whether a tribunal may adapt the ICSID Arbitration Rules to enable the group examination of claims in accordance with the object and purpose of the ICSID Convention — Whether the claims of multiple claimants were identical or sufficiently homogeneous to allow for their group examination — Whether group examination would meet standards of due processProcedure — Withdrawal — Mass claim — ICSID Institution Rule 8 — Whether certain investors had withdrawn their consent prior to registration of the request for arbitrationProcedure — Discontinuance — Mass claim — ICSID Arbitration Rule 44 — Whether the request of certain investors for discontinuance should be granted — Whether discontinuance of some investors required the termination of the arbitrationAdmissibility — Abuse of rights — Agent — ICSID Arbitration Rule 18 — Whether the ulterior interests of a third party acting as agent in the arbitration constituted an abuse of rights by the investorsProcedure — Evidence — ICSID Arbitration Rule 25 — Request for arbitration — ICSID Convention, Article 36(2) — Whether updated annexes to the request for arbitration containing information related to each investor were admissible — Whether the introduction of evidence violated the requirements of the request for arbitration by unilaterally updating the identity of the parties366 Costs — Discontinuance — Whether investors who discontinued their participation in the proceeding should bear their own legal costs and a share of the arbitration costsInterpretation — ICSID Convention — Policy — Whether policy considerations were relevant to determine whether the tribunal had jurisdiction over claims arising from sovereign bonds — Whether policy considerations were relevant to determine whether mass claims were admissible

scholarly journals The Linkage of the Board of Directors and the Status of Aviation Industry Licensing Law

2017 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
LESTARI NINGRUM
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Third Party ◽  
Aviation Industry ◽  
Limited Liability Company ◽  
Basic Capital ◽  
The Status ◽  
Business Entities ◽  
Capital Intensive ◽  
Made In

Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The purpose of this research is to analyze the linkage of the board directors and the status of aviation industry licensing law. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study. The result shows that the airlines company should provide the capital risk and high insurance of the third party. UUPT also has given the authority of the shareholders (who owns 20 % of the share) to be decision makers in the company. However, without independent surveillance, it is possible that the shareholders do some mistakes in making decisions. Some mistakes are related to the policy, the using of authorized capital, and others. Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study.

Developing and Supporting the Internationalisation of Research Capacity

2014 ◽  
pp. 232-246
Author(s):  
Christopher Hill
Keyword(s):  
Best Practice ◽  
Research Capacity ◽  
Developing Nations ◽  
Integrated Learning ◽  
Branch Campus ◽  
Contextual Understanding ◽  
Developed Nations ◽  
Made In

The internationalisation of education is a common and perhaps overused term that is still little understood. Developments have been made in the areas of recruitment, overseas delivery, and branch campus creation, but the extent to which our institutions are truly “international” is debatable, especially in light of the fact that few can agree on what is meant by the term itself. The need to collaborate, discuss, reflect, and learn from others is vital for developing nations and developed nations alike. It is in the process of sharing best practice that best practice can itself be developed and further enhanced. Engagement, on a glocal scale, can support integrated learning, contextual understanding, and the internationalisation of research capacity and as such, is an area for further review and reflection.

Mobile Commerce Security and Its Prevention

2018 ◽  
pp. 433-449
Author(s):  
Mona Adlakha
Keyword(s):  
Mobile Devices ◽  
Best Practice ◽  
Personal Data ◽  
Mobile Commerce ◽  
Mitigation Strategies ◽  
Risk Prevention ◽  
Third Party ◽  
Security Measures ◽  
Security Risk ◽  
Security Standards

Mobile commerce is the next generation of e-commerce, where payments and financial transactions can be carried out with utmost ease using handheld mobile devices. Mobile devices are at a higher security risk due to the large amount of critical financial and personal data available on it. The cause or consequence of these threats could be - malware and spyware attacks; multiple or incorrect m-Commerce payments; breaches due to unauthorized access or disclosure, unauthenticated transactions and risk due to the use of third party networks. This chapter discusses how to manage security risks in m-commerce by first identifying them and then discussing preventive measures for their mitigation. A continuous approach for risk prevention needs to be followed, reviewing the strategy according to the latest challenges. Various risk prevention and mitigation strategies can be adopted. Service providers must follow physical and digital security measures to protect consumer's business information. Independent auditing should ensure compliance with best practice security standards.

scholarly journals ARTP statement on pulmonary function testing 2020

2020 ◽  
Vol 7 (1) ◽  
pp. e000575 ◽  
Author(s):  
Karl Peter Sylvester ◽  
Nigel Clayton ◽  
Ian Cliff ◽  
Michael Hepple ◽  
Adrian Kendrick ◽  
...  
Keyword(s):  
Lung Function ◽  
Best Practice ◽  
Technological Advances ◽  
The Subject ◽  
The Common ◽  
The Uk ◽  
Respiratory Technology ◽  
Function Testing ◽  
Diagnostic Investigations ◽  
Made In

The Association for Respiratory Technology & Physiology (ARTP) last produced a statement on the performance of lung function testing in 1994. At that time the focus was on a practical statement for people working in lung function laboratories. Since that time there have been many technological advances and alterations to best practice in the measurement and interpretation of lung function assessments. In light of these advances an update was warranted. ARTP, therefore, have provided within this document, where available, the most up-to-date and evidence-based recommendations for the most common lung function assessments performed in laboratories across the UK. These recommendations set out the requirements and considerations that need to be made in terms of environmental and patient factors that may influence both the performance and interpretation of lung function tests. They also incorporate procedures to ensure quality assured diagnostic investigations that include those associated with equipment, the healthcare professional conducting the assessments and the results achieved by the subject. Each section aims to outline the common parameters provided for each investigation, a brief principle behind the measurements (where applicable), and suggested acceptability and reproducibility criteria.

scholarly journals Monitoring of Education Agents Engaged in International Student Recruitment: Perspectives from Agency Theory

2019 ◽  
Vol 24 (2) ◽  
pp. 212-231 ◽  
Author(s):  
Pii-Tuulia Nikula ◽  
Jussi Kivistö
Keyword(s):  
Agency Theory ◽  
International Student ◽  
Best Practice ◽  
Student Recruitment ◽  
Third Party ◽  
Best Interest ◽  
New Techniques ◽  
Best Practice Guidelines ◽  
International Student Recruitment ◽  
Education Agents

This article examines the monitoring of third-party education agents employed in international student recruitment. Agency theory identifies comprehensive monitoring as one way to ensure that agents work in the principal’s best interest. By analyzing best practice guidelines, this article investigates the monitoring mechanisms proposed for education providers to mitigate information asymmetry in their education agent relationships. The findings from the analysis suggest that following the existing guidelines would only allow client institutions to partially observe the behavior of their agents. Hence, education providers should be not only guided toward more intensive use of the existing techniques but also encouraged to adopt new techniques, such as mystery shopping, to better determine education agents’ true behavior.

scholarly journals Advances in the use of odour as forensic evidence through optimizing and standardizing instruments and canines

2015 ◽  
Vol 370 (1674) ◽  
pp. 20140262 ◽  
Author(s):  
Kenneth G. Furton ◽  
Norma Iris Caraballo ◽  
Michelle M. Cerreta ◽  
Howard K. Holness
Keyword(s):  
Practice Guidelines ◽  
Best Practice ◽  
Forensic Evidence ◽  
Legal Cases ◽  
Probative Value ◽  
Best Practice Guidelines ◽  
Discriminating Power ◽  
Volatile Organic ◽  
Made In ◽  
Do So

This paper explores the advances made in identifying trace amounts of volatile organic compounds (VOCs) that originate from forensic specimens, such as drugs, explosives, live human scent and the scent of death, as well as the probative value for detecting such odours. The ability to locate and identify the VOCs liberated from or left by forensic substances is of increasing importance to criminal investigations as it can indicate the presence of contraband and/or associate an individual to a particular location or object. Although instruments have improved significantly in recent decades—with sensitivities now rivalling that of biological detectors—it is widely recognized that canines are generally still more superior for the detection of odourants due to their speed, versatility, ruggedness and discriminating power. Through advancements in the detection of VOCs, as well as increased standardization efforts for instruments and canines, the reliability of odour as evidence has continuously improved and is likely to continue to do so. Moreover, several legal cases in which this novel form of evidence has been accepted into US courts of law are discussed. As the development and implementation of best practice guidelines for canines and instruments increase, their reliability in detecting VOCs of interest should continue to improve, expanding the use of odour as an acceptable form of forensic evidence.

scholarly journals Astrophysical Supercomputing with GPUs: Critical Decisions for Early Adopters

2011 ◽  
Vol 28 (1) ◽  
pp. 15-27 ◽  
Author(s):  
Christopher J. Fluke ◽  
David G. Barnes ◽  
Benjamin R. Barsdell ◽  
Amr H. Hassan
Keyword(s):  
Graphics Processing Units ◽  
High Performance ◽  
Best Practice ◽  
New Technology ◽  
General Purpose ◽  
Third Party ◽  
Early Adopters ◽  
Early Adoption ◽  
Open Standard ◽  
Effective Use

AbstractGeneral-purpose computing on graphics processing units (GPGPU) is dramatically changing the landscape of high performance computing in astronomy. In this paper, we identify and investigate several key decision areas, with a goal of simplifying the early adoption of GPGPU in astronomy. We consider the merits of OpenCL as an open standard in order to reduce risks associated with coding in a native, vendor-specific programming environment, and present a GPU programming philosophy based on using brute force solutions. We assert that effective use of new GPU-based supercomputing facilities will require a change in approach from astronomers. This will likely include improved programming training, an increased need for software development best practice through the use of profiling and related optimisation tools, and a greater reliance on third-party code libraries. As with any new technology, those willing to take the risks and make the investment of time and effort to become early adopters of GPGPU in astronomy, stand to reap great benefits.

Use of Third-Party Indicators in Fund Reports

Policy Papers ◽  
2017 ◽  
Vol 2017 (61) ◽  
Author(s):  
Keyword(s):  
International Organizations ◽  
Common Good ◽  
Financial Stability ◽  
Best Practice ◽  
Current Practice ◽  
Business Environment ◽  
Third Party ◽  
Data Quality Assessment ◽  
Quality Of Governance

Fund staff use indicators developed by other organizations as input into analysis in surveillance and, to a lesser extent, in program work. While the Fund has been able to rely on data and statistics provided by member countries and compiled internally, continued efforts to foster global economic and financial stability require staff to work with indicators drawn from numerous third-party compilers. These indicators of varied qualities are used to measure concepts such as business environment, competitiveness, and quality of governance. It is anticipated that staff will continue to draw on other institutions’ expertise and estimates. This practice is consistent with the Executive Board’s guidance in areas where internal expertise is lacking or limited. It also puts a premium on staff’s understanding of the third-party indicators (TPIs) used to add analytical value, avoid flawed conclusions and presentation, and support traction with the membership. This paper outlines a framework to promote best practice with respect to use of TPIs in Fund reports. The framework will apply to all documents that are subject to the Fund’s Transparency Policy. Staff are encouraged to follow similar guidelines for other Fund documents. It draws on lessons from the current practice in the Fund and other selected international organizations (IOs), and insights from the application of an adapted data quality assessment framework (DQAF) to a subset of TPIs commonly used by Fund staff. Common good practices across IOs include the emphasis on staff judgment, review, and consultation with stakeholders.

A Reply to Paul Feyerabend and Richard Rorty

2019 ◽  
Vol 25 (1-3) ◽  
pp. 346-347
Author(s):  
Frank Kermode
Keyword(s):  
Common Knowledge ◽  
Richard Rorty ◽  
Environmental Concerns ◽  
Bernard Williams ◽  
Left Wing ◽  
Literary Value ◽  
The Arts ◽  
Paul Feyerabend ◽  
Anniversary Issue ◽  
Made In

This retitled excerpt from Frank Kermode’s introduction to the symposium “Beyond Post-: A Revaluation of the Revaluation of All Values” (Common Knowledge 1:3 [Winter 1992]: 10–12) is republished here in a special issue of representative pieces from the journal’s first twenty-five years. Kermode had called for papers in the journal’s inaugural issue (1:1 [Spring 1992]: 5–6) on “the question of value” and was to a degree disappointed with the results. He had wanted the ensuing symposium to treat and even focus on axiology in the arts, but the papers answering his call mainly dealt with political and ethical matters. In this introduction he replies chiefly to pieces by the philosophers Richard Rorty and Paul Feyerabend dealing with poverty, famine, sickness, and environmental concerns, but Kermode also addresses and mostly agrees with arguments made in Common Knowledge 1:1 by the philosopher Bernard Williams. (Williams’s article, “Left-Wing Wittgenstein,” is likewise reprinted in the 2019 anniversary issue.) Kermode’s piece concludes by restating the hope of his call for papers that “the matter of literary value” will be treated “in the broad context” that Common Knowledge provides “for discussion of the philosophy of value. Precedence must obviously be given to a planet at risk, but to lose what has been valued in literature is a sure way of increasing the unpleasantness of the future.”

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