Luis Aviles - Academia.edu (original) (raw)

Papers by Luis Aviles

Spanish Abstract: Este escrito explora la estructura legal interna de Haiti en material de manejo... more Spanish Abstract: Este escrito explora la estructura legal interna de Haiti en material de manejo de catastrofes naturales y levanta varias observaciones sobre el por que dicha estructura resulto inadecuada durante el terremoto del 2010.English Abstract: This paper explores Haiti's internal legal structure to deal with natural disasters and raises several observations of why that system failed during the 2010 earthquake.

SSRN Electronic Journal, 2011

The Feudal Origins of Public Utilities and European's Law "Services of General Economic Interest"... more The Feudal Origins of Public Utilities and European's Law "Services of General Economic Interest" by Luis Aníbal Avilés European Law affords special treatment to undertakings that provide "services of general economic interest." Article 14 of the Treaty on the Functioning of the European Union (TFEU) states, in no uncertain terms that: "Without prejudice to Article 4 of the Treaty on European Union or to Articles 93, 106 and 107 of this Treaty, and given the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Union and the Member States, each within their respective powers and within the scope of application of the Treaties, shall take care that such services operate on the basis of principles and conditions, particularly economic and financial conditions, which enable them to fulfill their missions. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish these principles and set these conditions without prejudice to the competence of Member States, in compliance with the Treaties, to provide, to commission and to fund such services." (Emphasis supplied.) 1 The Treaty on the European Union (TEU) and the TFEU do not define the term "services of general economic interest." Apart from Article 14 TFEU, only TFEU Article 106 (1) mentions "public undertakings and undertakings to which Member States grant special or exclusive rights" and Article 106(2) speaks of "undertakings entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly" without defining any of these terms. The Article 106 goes on to say that these types of undertakings "shall be subject to the rules contained in the Treaties, in particular to the rules of competition, in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them." 2 Although the Treaties do not define such types of undertakings, the European Commission (Commission) and the European Court of Justice (ECJ) have been left

SSRN Electronic Journal, 2012

also greatly appreciate the comments on this version of the paper from my colleagues José Julián ... more also greatly appreciate the comments on this version of the paper from my colleagues José Julián Álvarez González and Carlos Díaz Olivo and the edits suggested by my student assistant Héctor Sueiro Álvarez. Of course, any errors and omissions are my sole responsibility.

SSRN Electronic Journal, 2012

Just imagine taking your sick son or daughter to the hospital after dark and having the doctor ex... more Just imagine taking your sick son or daughter to the hospital after dark and having the doctor examine the child by candlelight. Or walking 10 miles to the hospital for treatment after being bitten by a rabid dog and discovering that the vaccination you need is located an additional 100 miles away in a facility that can stock it because it has refrigerators. That was the situation at the Village Health Works clinic in Burundi, where the sick often lay suffering in the dark and frustrated doctors had to consider the cost of running the diesel generator before turning it on in order to supply oxygen to a dying patient. "All of those discussions that you never want to have as a doctor," said to Dr. Sri Shamsuner, a visiting physician from the University of California." 1 Unfortunately, this story seems remote to a reader in living in developed countries such as France or the United States. However, this is the daily plight of people in underdeveloped countries, including countries like Burma and Nigeria that are major providers of fossil fuels to developed countries. 2 There, people still depend in wood, animal droppings and crop leftovers to provide for their energy needs, mainly for cooking food. I still remember stories from my grandmother in Puerto Rico who, in the 1930s had to walk 10 kilometers everyday round trip to gather wood and water for her family needs. No one questions the role of access to energy to the development of human civilization. A renowned scientist puts it this way: "Energy plays a fundamental role in shaping the human condition. People's need for energy is essential for survival, so it is not surprising that energy production and consumption are some of the most

SSRN Electronic Journal, 2012

Rev. Jur. UPR, 1998

Page 1. HUMAN DIGNITY, PRIVACY AND PERSONALITY RIGHTS IN THE CONSTITUTIONAL JURISPRUDENCE OF GERM... more Page 1. HUMAN DIGNITY, PRIVACY AND PERSONALITY RIGHTS IN THE CONSTITUTIONAL JURISPRUDENCE OF GERMANY, THE UNITED STATES AND THE COMMONWEALTH OF PUERTO RICO Luis Aníbal Aviles Pagan* Table of Contents I. Introduction 344 II. ...

Applied Optics, 1999

Optical parametric oscillators ͑OPO's͒ provide low-maintenance solid-state alternatives to dye la... more Optical parametric oscillators ͑OPO's͒ provide low-maintenance solid-state alternatives to dye lasers. We present results from use of a nearly degenerate broadband OPO for multiplex coherent anti-Stokes Raman spectroscopy. The system described is capable of generating spectra that cover a range of approximately 1000 cm Ϫ1 .

Mexican Law Review, 2014

resuMen. El concepto de desarrollo sustentable como paradigma para el desarrollo balanceado se ha... more resuMen. El concepto de desarrollo sustentable como paradigma para el desarrollo balanceado se ha arraigado en los regímenes constitucionales de diversos sistemas jurídicos nacionales durante las pasadas décadas. No obstante, la seguridad jurídica del concepto de desarrollo sustentable, particularmente en www.juridicas.unam.mx

This article presents a critique to the new Puerto Rico Renewable Portfolio Standard adopted purs... more This article presents a critique to the new Puerto Rico Renewable Portfolio Standard adopted pursuant to Law 83/2009 and proposes the introduction of a Feed-In Tariff policy to maximize the use of renewable energy in Puerto Rico.

Spanish Abstract: Este escrito explora la estructura legal interna de Haiti en material de manejo... more Spanish Abstract: Este escrito explora la estructura legal interna de Haiti en material de manejo de catastrofes naturales y levanta varias observaciones sobre el por que dicha estructura resulto inadecuada durante el terremoto del 2010.English Abstract: This paper explores Haiti's internal legal structure to deal with natural disasters and raises several observations of why that system failed during the 2010 earthquake.

SSRN Electronic Journal, 2011

The Feudal Origins of Public Utilities and European's Law "Services of General Economic Interest"... more The Feudal Origins of Public Utilities and European's Law "Services of General Economic Interest" by Luis Aníbal Avilés European Law affords special treatment to undertakings that provide "services of general economic interest." Article 14 of the Treaty on the Functioning of the European Union (TFEU) states, in no uncertain terms that: "Without prejudice to Article 4 of the Treaty on European Union or to Articles 93, 106 and 107 of this Treaty, and given the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Union and the Member States, each within their respective powers and within the scope of application of the Treaties, shall take care that such services operate on the basis of principles and conditions, particularly economic and financial conditions, which enable them to fulfill their missions. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish these principles and set these conditions without prejudice to the competence of Member States, in compliance with the Treaties, to provide, to commission and to fund such services." (Emphasis supplied.) 1 The Treaty on the European Union (TEU) and the TFEU do not define the term "services of general economic interest." Apart from Article 14 TFEU, only TFEU Article 106 (1) mentions "public undertakings and undertakings to which Member States grant special or exclusive rights" and Article 106(2) speaks of "undertakings entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly" without defining any of these terms. The Article 106 goes on to say that these types of undertakings "shall be subject to the rules contained in the Treaties, in particular to the rules of competition, in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them." 2 Although the Treaties do not define such types of undertakings, the European Commission (Commission) and the European Court of Justice (ECJ) have been left

SSRN Electronic Journal, 2012

also greatly appreciate the comments on this version of the paper from my colleagues José Julián ... more also greatly appreciate the comments on this version of the paper from my colleagues José Julián Álvarez González and Carlos Díaz Olivo and the edits suggested by my student assistant Héctor Sueiro Álvarez. Of course, any errors and omissions are my sole responsibility.

SSRN Electronic Journal, 2012

Just imagine taking your sick son or daughter to the hospital after dark and having the doctor ex... more Just imagine taking your sick son or daughter to the hospital after dark and having the doctor examine the child by candlelight. Or walking 10 miles to the hospital for treatment after being bitten by a rabid dog and discovering that the vaccination you need is located an additional 100 miles away in a facility that can stock it because it has refrigerators. That was the situation at the Village Health Works clinic in Burundi, where the sick often lay suffering in the dark and frustrated doctors had to consider the cost of running the diesel generator before turning it on in order to supply oxygen to a dying patient. "All of those discussions that you never want to have as a doctor," said to Dr. Sri Shamsuner, a visiting physician from the University of California." 1 Unfortunately, this story seems remote to a reader in living in developed countries such as France or the United States. However, this is the daily plight of people in underdeveloped countries, including countries like Burma and Nigeria that are major providers of fossil fuels to developed countries. 2 There, people still depend in wood, animal droppings and crop leftovers to provide for their energy needs, mainly for cooking food. I still remember stories from my grandmother in Puerto Rico who, in the 1930s had to walk 10 kilometers everyday round trip to gather wood and water for her family needs. No one questions the role of access to energy to the development of human civilization. A renowned scientist puts it this way: "Energy plays a fundamental role in shaping the human condition. People's need for energy is essential for survival, so it is not surprising that energy production and consumption are some of the most

SSRN Electronic Journal, 2012

Rev. Jur. UPR, 1998

Page 1. HUMAN DIGNITY, PRIVACY AND PERSONALITY RIGHTS IN THE CONSTITUTIONAL JURISPRUDENCE OF GERM... more Page 1. HUMAN DIGNITY, PRIVACY AND PERSONALITY RIGHTS IN THE CONSTITUTIONAL JURISPRUDENCE OF GERMANY, THE UNITED STATES AND THE COMMONWEALTH OF PUERTO RICO Luis Aníbal Aviles Pagan* Table of Contents I. Introduction 344 II. ...

Applied Optics, 1999

Optical parametric oscillators ͑OPO's͒ provide low-maintenance solid-state alternatives to dye la... more Optical parametric oscillators ͑OPO's͒ provide low-maintenance solid-state alternatives to dye lasers. We present results from use of a nearly degenerate broadband OPO for multiplex coherent anti-Stokes Raman spectroscopy. The system described is capable of generating spectra that cover a range of approximately 1000 cm Ϫ1 .

Mexican Law Review, 2014

resuMen. El concepto de desarrollo sustentable como paradigma para el desarrollo balanceado se ha... more resuMen. El concepto de desarrollo sustentable como paradigma para el desarrollo balanceado se ha arraigado en los regímenes constitucionales de diversos sistemas jurídicos nacionales durante las pasadas décadas. No obstante, la seguridad jurídica del concepto de desarrollo sustentable, particularmente en www.juridicas.unam.mx

This article presents a critique to the new Puerto Rico Renewable Portfolio Standard adopted purs... more This article presents a critique to the new Puerto Rico Renewable Portfolio Standard adopted pursuant to Law 83/2009 and proposes the introduction of a Feed-In Tariff policy to maximize the use of renewable energy in Puerto Rico.