16 research outputs found

    Liability for incidents with dangerous goods originating from inland vessels

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    The aim of this contribution is to explore the likely legal implications for the various parties involved if a serious incident with an inland vessel carrying a dangerous cargo were to occur, e.g. an explosion of the dangerous substance or a spillage thereof from an inland vessel somewhere on the river Rhine, perhaps in Germany or the Netherlands or near the border between these countries. However, regulatory aspects of transport of dangerous goods by inland waterways and the classification of dangerous goods16 falls outside the scope of this contribution. The incident may have been caused by a collision with another inland vessel or the inland vessel unilaterally colliding with a bridge pillar or the doors of a lock. Furthermore it is presumed that the chemical substance is of a very toxic, explosive and flammable nature and thus very dangerous to human and animal life even in smaller doses as well as a threat to the environment if spilled from an inland vessel. The incident causes death and serious injuries to persons both on board the vessels and in the immediate vicinity of the incident, as well as environmental damage and substantial clean-up costs. Finally, both the local authorities and the manufacturer of the dangerous are obliged to order extensive preventive measures to be taken in order to contain the polluted surface waters and to prevent the pollutant from flowing downriver and from spreading all over the Rhine delta. Obviously the above incident can give rise to a multitude of liability claims for a variety of heads of damage against various possibly liable parties. One of the first questions to arise is which court(s) have jurisdiction to hear these claims (§ 3) and whether it is possible in the interest of a swift and sound administration of justice to concentrate or consolidate these proceedings before a single court. The next issue that needs to be resolved is to determine the applicable law(s) to the various liability claims (§ 4). After this, the alternative grounds upon which civil and other liability for the dangerous goods incident may be based are looked into (§ 5). This is followed by a brief discussion of the possibility of limitation of liability in case of an incident with dangerous goods ori- ginating from an inland vessel (§ 6). This contribution concludes with some final observations (in § 7). As will become evident below, the above dangerous substances incident gives rise to a range of legal questions which are governed by a variety of international legal instruments as well as national laws. In the latter case, the author chooses to limit the discussion to comparisons between German and Dutch law

    Everard Booths Irenische Perkins-Vertaling

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    AbstractEverard Booth's irenic Perkins translation The French diplomat Jean Hotman included the French translation of William Perkins' A Reformed Catholike in a syllabus of irenical literature published by him in 1607. This is important. In around 1600 Protestant people were not struck by the unfriendly remarks about the Roman Catholic Church in Perkins' book but by the fact that each of its chapters started with a discourse on the issues on which Catholics and Protestants agreed. Therefore it makes little sense to pay special attention to Perkins' dedication to William Bowes, as W J. op 't Hof does. The translator, Booth, moreover, did not know English. He made use of a Latin translation for his version and never saw the dedication to Bowes. The wording of his translation of Perkins' preface differs very much in character from the original, as a result of its origin in the Latin text. Op 't Hof refers to a note written to Booth by his publisher Schilders. Yet this note only contains information about the sale of the translation, and tells us nothing at all about the contents of the book or Booth's intentions for it. In his own preface, Booth does tell us about these intentions. Op 't Hof disregards these remarks and brushes aside the strong possibility that the work of Booth's former professor Franciscus Junius, the author of Eirenicum de Pace Ecclesiae Catholicae, may also have influenced his translation. An earlier work of translation by Booth shows his interest in the dialogue between Protestants and Catholics. On the basis of its title, Op 't Hof ascribes to it a strong anti-Romanist nature, but the book itself does not confirm this. The author states explicitly that he does not want to annoy the other side. My conclusion is that Hotman's opinion of Booth's translation of Perkins has to be taken seriously: this version of A Reformed Catholic has an irenical nature. </jats:sec

    Liability for incidents with dangerous goods originating from inland vessels

    No full text
    The aim of this contribution is to explore the likely legal implications for the various parties involved if a serious incident with an inland vessel carrying a dangerous cargo were to occur, e.g. an explosion of the dangerous substance or a spillage thereof from an inland vessel somewhere on the river Rhine, perhaps in Germany or the Netherlands or near the border between these countries. However, regulatory aspects of transport of dangerous goods by inland waterways and the classification of dangerous goods16 falls outside the scope of this contribution. The incident may have been caused by a collision with another inland vessel or the inland vessel unilaterally colliding with a bridge pillar or the doors of a lock. Furthermore it is presumed that the chemical substance is of a very toxic, explosive and flammable nature and thus very dangerous to human and animal life even in smaller doses as well as a threat to the environment if spilled from an inland vessel. The incident causes death and serious injuries to persons both on board the vessels and in the immediate vicinity of the incident, as well as environmental damage and substantial clean-up costs. Finally, both the local authorities and the manufacturer of the dangerous are obliged to order extensive preventive measures to be taken in order to contain the polluted surface waters and to prevent the pollutant from flowing downriver and from spreading all over the Rhine delta. Obviously the above incident can give rise to a multitude of liability claims for a variety of heads of damage against various possibly liable parties. One of the first questions to arise is which court(s) have jurisdiction to hear these claims (§ 3) and whether it is possible in the interest of a swift and sound administration of justice to concentrate or consolidate these proceedings before a single court. The next issue that needs to be resolved is to determine the applicable law(s) to the various liability claims (§ 4). After this, the alternative grounds upon which civil and other liability for the dangerous goods incident may be based are looked into (§ 5). This is followed by a brief discussion of the possibility of limitation of liability in case of an incident with dangerous goods ori- ginating from an inland vessel (§ 6). This contribution concludes with some final observations (in § 7). As will become evident below, the above dangerous substances incident gives rise to a range of legal questions which are governed by a variety of international legal instruments as well as national laws. In the latter case, the author chooses to limit the discussion to comparisons between German and Dutch law

    Het Trefwoord 'Holland': Opschudding Over Een Artikel in De Real-Encyklopädie (1856)

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    AbstractIn 1856 the sixth volume of the editio princeps of the famous German encyclopedia Real-Encyklopädie für protestantische Theologie und Kirche was published. The volume included a lengthy article on the history and present situation of the Dutch Reformed Church and other protestant churches in the Netherlands. A reformed minister of Frankfurt am Main, Carl (or Karl) Sudhoff, was the author. His article provoked a fierce protest. A Dutch ministers' association demanded from the editor, the Erlangen professor J.J. Herzog, a new article that put right what they regarded as errors. Herzog was not very inclined to comply, for it is hardly common practice to enter critical supplements in an encyclopedia. Finally, however, he gave way. The Leyden professor J.J. Prins wrote an article with a mass of criticism and after the endorsement of the ministers' association this was sent to Erlangen. Those discontented men then fell into a rage again. There was indeed a supplement to the article on Holland at the end of the eighth volume of the Real-Encyklopädie, but it did not offer the text of Prins. Herzog had added his own commentary to Prins's review. Time and again he remarked that the severe criticism sent from Holland was the criticism of a party. Besides that it turned out that he had omitted many important matters in the critical review written by Prins. The point at issue was that the very orthodox Sudhoff gave a highly biased description of the history and contemporary situation of Dutch Protestantism. Already in 1851 many people in Holland were angry about Abraham Capadose's report on the Netherlands at the meeting of the Evangelical Alliance in London. The orthodox agreed with what men like Capadose said in other countries, but followers of other parties in the Dutch protestant churches wanted a balanced and more appreciative judgement of their position. All parties were keen on an image matching their own viewpoints. The reason why they were doing so much to correct a negative image elsewhere was the interest in their identity. In 1860 all that thinking about identity led to two brilliant treatises on Dutch Protestantism in the nineteenth century: Chr. Sepp's Proeve eener pragmatische geschiedenis der Theologie hier te lande and D. Chantepie de la Saussaye's La Crise religieuse en Hollande. </jats:sec

    De Irenische Perkins-Vertaling Van De Arminiaan Everard Booth (1577-1610) 1

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    AbstractBooth's Translation of an Irenical Perkins-Book In 1604 the Utrecht minister Everard Booth (1577-1610) published a translation of William Perkins' 'A Reformed Catholike'. Because of this translation, biographical dictionaries and other literature say that he must have agreed more or less with the predestinarian views of Franciscus Gomarus. In the conflict between Franciscus Gomarus and Jacobus Arminius, Perkins played an important part. He owes this to Arminius, who wrote a book against him and utterly disliked his ideas on predestination, the certainty of faith and final perseverance. The problem is that Booth attended the Conventus Praeparatorius (1607), a meeting meant for the preparation of a national synod. Here he agreed with Arminius on the question of whether the Belgic confession ought to be revised or not. In 1610, the year of his death, Booth's position raises even less doubt. He proved himself to be an Arminian. So his translation of Perkins might point to a change in his outlook or to a moderate stand. However, there is a better solution to the riddle of how a potential Arminian could like Perkins. Perkins' 'A Reformed Catholike' (1597) is an item in the syllabus of irenical writings, released by the French diplomat Jean Hotman in 1607 and extended later on. Utrecht was a former cathedral city which still had a high percentage of Roman Catholic inhabitants. Presumably Booth's attention was drawn to 'A Reformed Catholike' because of its irenical character. He may have considered the book as a means to bring his Catholic fellow citizens to other thoughts. In the same year, 1604, a second Dutchman, Vincent Meusevoet, translated 'A Reformed Catholike' too. He published it together with a translation of a highly polemical book written by Perkins, 'A Warning against the Idolatrie of the Last Times'. Booth did not do things in this way. Incidentally, he took a Latin edition of Perkins' book as his source, not the original English work, as Meusevoet did. 'A Reformed Catholike' is, indeed an irenical treatise. Perkins started his chapters with a discourse on the issues agreed on among Catholics and Protestants. Especially illustrative is the sixteenth chapter dealing with the faith. In the first part of this chapter, devoted to the common elements, he discussed his favourite theme for bruised consciences, namely that a small portion of faith, a faith as a grain of mustard seed, is sufficient in the eyes of God for salvation. So Roman Catholics who desired to believe could assume that they would be children of God, according to Perkins. As a matter of course, nobody was entitled to be satisfied with a small sparkle of faith: man had to aim at an increasing faith. Yet the 'infolded faith' really had a great importance according to Perkins. He showed himself open to the Roman Catholics on a central point in his theological thinking. Booth must have felt attracted to thoughts like those mentioned in 'A Reformed Catholike'. He was an irenical theologian. In the Dutch predestinarian conflict, the irenicists often turned out to be Arminians later on. Notwithstanding his English example Booth's irenical feelings placed him alongside the Arminians with their less unquestioning ideas. One indication of Booth's gifts as an irenicist is what became of the Utrecht Reformed community after his arrival (1602). For many years it had been in a state of turmoil. There were many people who steadfastly refused to go to church in Utrecht. They blamed the Consistory because it danced to the piping of the magistrate. After his arrival the situation improved. During his ministry (1602-1610) the Utrecht church enjoyed a period of peace. This may be mainly due to his influence. Booth was a pupil of the Leiden professor Franciscus Junius, the author of the 'Eirenicum de Pace Ecclesiae Catholicae'. Junius tried to mediate between the religious parties in Utrecht from 1593 onwards. Everard Booth followed in his footsteps. </jats:sec

    The potential of the empathic ability for the performance of civil engineering projects

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    Purpose:The increasing complexity of civil engineering projects necessitates focusing on new competencies of project participants. Based on the research on team performance and design processes that are more closely linked to the relevance of the project context, it is hypothesised that empathic abilities could play an important role in the performance of civil engineering projects. Therefore, this study aims to investigate whether performance can be improved by focusing on empathic abilities during the integrated design phase.Design/methodology/approach:Semi-structured in-depth interviews with experts were conducted to explore the relevance of empathic abilities and their interaction with performance in a real-life infrastructure project. The project team’s empathy level was measured by means of a survey using Davis’ Interpersonal Reactivity Index method. Finally, differences between expected and measured levels of empathy were analysed. Findings:The results provide insights into how empathic abilities interact with performance. The measurement indicates that, on average, professionals in the civil engineering industry score relatively low on empathy. In addition, differences were identified between the expected distribution and the measured empathy levels of the team, implying a potential for improvement, in particular by increasing the empathic abilities of the project management and increasing gender diversity.Originality/value:To the best of the authors’ knowledge, this study is the first to investigate a relationship between empathy and the performance of civil engineering projects. The results provide initial insights into the empathic ability of civil engineering project teams and the potential of empathy to improve performance. Furthermore, from an empathy perspective, this study advocates increasing the gender diversity of project teams to improve performance.Integral Design & ManagementDesign Conceptualization and Communicatio
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