Suchergebnisse

The European Union as a separate sui generis entity covers most of the countries in this region. For its legal legislation used in the European Union is actually a set of legal rules governing the mutual relations that come to natural and legal persons. Intense harmonization of contract law is implemented for almost three decades, during which it is conducted within and under the auspices of the EU institutions and the academic community. Harmonization of law is inevitably linked with overall procedure for adjusting the national legislation by establishing a framework of acceptable principles and common rules in the field of Contract Law in the European Union. With the adoption of uniform rules to be applied in the field of regulation of contracts at the same time removing barriers that arise as a hindrance to smooth flow of transactions , which enriches the legal doctrine . The paper specifically highlights the role of Landon's principles , which are one of the most significant acts of unification adopted in the area of harmonization of Contract Law in the European Union

Abstract. We present the GITEWS approach to source modeling for the tsunami early warning in Indonesia. Near-field tsunami implies special requirements to both warning time and details of source characterization. To meet these requirements, we employ geophysical and geological information to predefine a maximum number of rupture parameters. We discretize the tsunamigenic Sunda plate interface into an ordered grid of patches (150×25) and employ the concept of Green's functions for forward and inverse rupture modeling. Rupture Generator, a forward modeling tool, additionally employs different scaling laws and slip shape functions to construct physically reasonable source models using basic seismic information only (magnitude and epicenter location). GITEWS runs a library of semi- and fully-synthetic scenarios to be extensively employed by system testing as well as by warning center personnel teaching and training. Near real-time GPS observations are a very valuable complement to the local tsunami warning system. Their inversion provides quick (within a few minutes on an event) estimation of the earthquake magnitude, rupture position and, in case of sufficient station coverage, details of slip distribution.

The principle of autonomy of will is legislated with the Article 2 of the Law no. 04/L–077 on Obligational Relationships1, thereby providing the legal grounds for the regulation of legal relations between parties in obligational relationship.This study aims to provide a contribution to the theory and practice, and also aims at providing a modest contribution to the obligational law doctrine in Kosovo. The purpose of the paper is to explore the gaps and weaknesses in practical implementation of the principle, which represents the main pillar of obligational law. In this paper, combined methods were used, including research and descriptive methods, analysis and synthesis, comparative and normative methods.The exploration method was used throughout the paper, and entails the collection of hard-copy and electronic materials. The descriptive method implies a description of concepts, important thoughts of legal science, and in this case, on the principle of autonomy of will, thereby using literature of various authors. The analytical and synthetic methodology is aimed at achieving the study objectives, the recognition of the principle of autonomy of will, practical implementation thereof, and conclusions.The comparative method was applied in comparing the implementation of the principle in the Law on Obligational Relationships of Kosovo and the Law on Obligational Relationships of the former Socialist Federal Republic of Kosovo, and the Civil Code of the Republic of Albania. The normative method was necessary, since the topic of the study is about legal norms.

This research was funded by the Latvian Council of Science (under the grant project lzp-2018/1-0147). Authors thank W. Chueh, J. Serra, R. Merkle, A. Popov for fruitful discussions. ; The atomic and electronic structure of CeO2 doped with Tb has been calculated from first principles with inclusion of strong correlation effects on the basis of Hubbard model (DFT + U). The two values of Hubbard U-parameter were applied separately on Ce and Tb ions, in order to treat correctly two oxidation states of Tb (3 + and 4+). Crystal structure distortion is also discussed for Tb3+ ions in ceria without oxygen vacancies. The corresponding total energy difference between the 3 + and 4 + states is very small and, thus, these states can co-exist without oxygen vacancy formation (unlike Gd doping). Multiple configurations have been obtained with localization of electrons on different number of cations, if the Tb ion has an oxygen vacancy nearby. A site symmetry approach has been successfully applied to identify the ground state configuration. Gibbs formation energy of oxygen vacancy due to Tb doping is reduced by almost a factor of four, in comparison with the pure CeO2. The dependence of Gibbs formation energy on the temperature and oxygen partial pressure is discussed. It has been also shown that the lowest formation energy for the small polaron occurs when the Ce3+ and Tb3+ ions are located as nearest neighbors to oxygen vacancy. The results obtained are compared with the existing literature data from the electrical conductivity and optical measurements. ; Latvian Council of Science grant project lzp-2018/1-0147; Institute of Solid State Physics, University of Latvia as the Center of Excellence has received funding from the European Union's Horizon 2020 Framework Programme H2020-WIDESPREAD-01-2016-2017-TeamingPhase2 under grant agreement No. 739508, project CAMART²

AbstractThe presence of symmetries in physical theories implies a pernicious form of underdetermination. In order to avoid this theoretical vice, philosophers often espouse a principle called Leibniz Equivalence, which states that symmetry-related models represent the same state of affairs. Moreover, philosophers have claimed that the existence of non-trivial symmetries motivates us to accept the Invariance Principle, which states that quantities that vary under a theory's symmetries aren't physically real. Leibniz Equivalence and the Invariance Principle are often seen as part of the same package. I argue that this is a mistake: Leibniz Equivalence and the Invariance Principle are orthogonal to each other. This means that it is possible to hold that symmetry-related models represent the same state of affairs whilst having a realist attitude towards variant quantities. Various arguments have been presented in favour of the Invariance Principle: a rejection of the Invariance Principle is inter alia supposed to cause indeterminism, undetectability or failure of reference. I respond that these arguments at best support Leibniz Equivalence.

PurposeThe purpose of this conceptual paper is to present a discussion of some of the core components of human resilience occurring in the face of natural or human‐made disasters. Resilience is often observed, but optimum responding is more than biological survival. Resilience implies the ability to bounce back and even to grow in the face of threats to survival. It is important to incorporate these key psychological principles into disaster planning.Design/methodology/approachResearch from the social sciences suggests three core principles of resilience, the "3 Cs:" control, coherence, and connectedness. Research evidence supporting the importance of the three Cs to resilient responding is presented, followed by some elementary prescriptions for how they might be implemented.FindingsAn approach to disaster planning and management can meld these principles into already‐existing intervention techniques, creating a more comprehensive and a more integrated response, potentially resulting in improved intervention effectiveness.Originality/valueProvides a psychological perspective on natural and human‐created disasters. Governmental and private sector responses to these tragedies have received a great deal of media attention, but there has been little systematic attention paid to the basic nature of human responding in such situations. Although it has been noted that humans are often resilient in such conditions, there has been virtually nothing written about what "resilience" is. This paper communicates the basic principles of resilience and how they would play out in future disaster planning and responding.

We combine the k‐Nearest Neighbors (kNN) method to the local linear estimation (LLE) approach to construct a new estimator (LLE‐kNN) of the regression operator when the regressor is of functional type and the response variable is a scalar but observed with some missing at random (MAR) observations. The resulting estimator inherits many of the advantages of both approaches (kNN and LLE methods). This is confirmed by the established asymptotic results, in terms of the pointwise and uniform almost complete consistencies, and the precise convergence rates. In addition, a numerical study (i) on simulated data, then (ii) on a real dataset concerning the sugar quality using fluorescence data, were conducted. This practical study clearly shows the feasibility and the superiority of the LLE‐kNN estimator compared to competitive estimators.

Elastic scattering measurements have been performed for the 6Li+p system in inverse kinematics at the energies of 16, 20, 25 and 29 MeV. The heavy ejectile was detected by the large acceptance MAGNEX spectrometer at the Laboratori Nazionali del Sud (LNS) in Catania, in the angular range between ∼20 and 120 in the laboratory system, giving us the possibility to span almost a full angular range in the center of mass system. Results will be presented and discussed for one of the energies. ; European Union 262010-ENSAR

Japanese corporate governance can be analysed in terms of a defining characteristic of "internalism": the belief that companies should be controlled by internally appointed managers who are integrated into their firms. Examples are offered from recent contacts with corporate management and other sources to illustrate how this determines the response of management to specific developments. Internalism depends on a socio‐corporate environment created by specific historical and economic circumstances. Potentially disruptive elements exist which could alter this environment and undermine the foundations on which internalism rests. However, major change seems unlikely in the near future.

On Tuesday, the United Nations General Assembly overwhelmingly adopted a resolution introduced by Egypt and Mauritania and co-sponsored by more than 100 states demanding an "immediate humanitarian ceasefire" in Gaza. The measure won by 153 votes, with only 10 opposed and 23 abstentions. The resolution was triggered by the UN Secretary-General Guterres' invocation of Article 99 of the UN Charter citing a likely "complete collapse" of humanitarian services in Gaza. Article 99 enables the Secretary-General "to bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security."The UN Security Council's own resolution calling for a ceasefire failed after the U.S. vetoed it in a 13 to 1 vote on Friday.The General Assembly's vote margin on Tuesday was much bigger than the October 27 vote on a resolution calling for a "humanitarian truce leading to a cessation of hostilities" (somewhat weaker language than the latest resolution). That one was adopted with a huge margin of 121 votes in favor and 14 opposed. Most of the Global South states that had not supported the Oct 27 resolution were in favor this time around. These included India, Cambodia, Philippines, Jamaica, Zambia, Ethiopia, Fiji, and Benin. The shift of India, Philippines, Ethiopia, and Fiji is particularly notable from a geopolitical perspective.On the flip side, Argentina was one of the very few Global South states that flipped from being in favor to abstaining. This is likely an effect of the recent election of Javier Milei as president. Milei has taken a strongly pro-Israel stance. (Malawi and Equatorial Guinea were other two states who shifted their votes more toward the Israeli and U.S. positions.)A small set of Global South states maintained their stance against a ceasefire from the last vote, including Burkina Faso, Cameroon, Liberia, South Sudan, Guatemala, Panama, Paraguay, Uruguay, Venezuela, and several Pacific Island countries. Overall, out of 116 Global South states outside the Greater Middle East (defined as spanning a zone from Morocco to Pakistan), an overwhelming 80% voted for the ceasefire. Only about 20% did not. Of course, the percentage of affirmative votes becomes even more dominant (close to 90%) if we add greater Middle East states to this mix. Some divides over Hamas that emerged during this process are worth noting. During the October 27 voting process, the United States had introduced an amendment explicitly condemning Hamas. That amendment failed but garnered a respectable tally of 88 votes in favor. This time around, a similar amendment introduced by the United States "unequivocally" condemned "the heinous terrorist attacks by Hamas" on October 7 and "the taking of hostages." It garnered 84 votes in favor. About 28% of Global South states outside the Greater Middle East voted with the United States on the amendment. Of these, Chile, Ecuador, Ghana, India, Kenya, Peru, Philippines, and Singapore also backed the ceasefire resolution. Several other key Global South states abstained on the U.S. amendment, including Angola, Brazil, Colombia, DRC, Ethiopia, Mexico, Thailand, and Vietnam.This indicates that there remains considerable sentiment in the Global South that would like to go on record condemning Hamas and its actions on October 7 as terrorist in nature. It is however more noteworthy that this preference did not prevent almost all of these states from also calling for an immediate ceasefire. Their ceasefire demand was thus unconditional. Most Global South states have strongly opposed the Israeli war on Gaza and backed a ceasefire for many weeks. But the December 12 vote indicates that sentiment against Israel and the United States is hardening, and now represents a near-consensus among the developing world. There should be no doubt whatsoever that the United States and Israel stand isolated across Africa, Asia, and Latin America when it comes to Israel's ongoing bombardments of Gaza. Washington should take note and use its leverage with Israel to stop the civilian bloodshed — which is what this body clearly wants — fast.

Essay I: What differences in public policy can be made by an establishment of a legislature through an election in authoritarian regime? In particular, how high tax rates can be formed in authoritarian regimes with a legislature? Paying attention to a legislature's role of a signal which conveys information about dictator's economic policy preferences to capital owners, this essay revisits Escriba Folch's simple signaling game. By relaxing some restrictive assumptions about dictator types, and considering the dictator's capability of achieving his tax rate through the legislative process, the model gives answers to some empirical puzzles: 1) why some dictators are willing to maintain the legislature formed through elections; and 2) why capital owners would move their mobile assets abroad in some conditions even when a dictator allows a legislature to be established through a competitive election. The model claims that a dictator who is not tax-benevolent has an incentive to misrepresent his actual tax rate, and the probability is inversely associated with his capability in the legislature. After observing thelegislature not dissolved, capital owners who believe the dictator is not tax-benevolent are not willing to move their mobile assets away. On the other hand, after observing the legislature maintained by a dictator who is less capable of achieving his tax rate, capital owners consider moving their mobile assets away only when they believe that the dictator is tax-benevolent. Thus, it is more likely to see relatively low tax rates under capable dictatorships with legislatures. It is ironical that dictators who inherently have low tax rates to invigorate the economy by inducing a higher level of investment cannot enjoy the benefits of maintaining (or creating) a legislature. Case studies of two military regimes in Korea (1961-1987) demonstrate that the predictions made by the theoretical model are empirically supported in the Korean cases. Essay II: Assuming that electoral incentives of three political actors (individual legislators, a ruling party, and a president) may not be aligned with each other in common institutional settings, this essay attempts to construct an integrated theory about the relationship between the allocation of intergovernmental grants and the political actors. It empirically tests three hypotheses derived from the theory by examining the case of theSpecial Local Allocation Grants in Korea (2005-2006). To properly capture regional variation in the allocation, this essay employs the multilevel linear regression model in the Bayesian framework. First, the individual legislator's membership of the specific committee to monitor the execution of the intergovernmental grants is positively associated with the amount of the grants, which supports the Legislators' capability hypothesis, as in the classical regression models. Second, vote margin at the district level is positively associated with the amount of the grants, which provides strong evidence against the Unstable Electoral Districts Hypothesis, however. The result from Bayesian multilevel linear model supports the Unstable provinces hypothesis which states a significant positive association between the amount of intergovernmental grants delivered at the province level and being an electorally unstable province within a broader region in which voters are motivated by their regional identities even after controlling for the need-based criteria. It implies that it is more efficient to target an electorally unstable province even within a supporter region because voters affiliated with a regional (or ethnic) identity in the electorally stable province may not resent the allocation of grants even if they are not the main beneficiaries. Consequently, the distribution of the grants at the higher level can be decided by the efficient targeting strategy, whereas the grants tend to be delivered to strong supporters at the district level. These statistical results are consistent with the ideas that this essay adopts. During the period under investigation the liberal president who could not be reelected by the constitution intended to secure his key policies after his retirement. To help his successor from his faction to earn more votes in the future presidential election, he was willing to allocate considerable amount of government resources to some opposition districts, which may not be completely aligned with the target strategy of the ruling party who sought to maximize the number of seats in the National Assembly under Single-Member District Plurality rule. Regardless of their respective party lines the specific committee members who wanted to be reelected attempted to deliver more grants to their own districts. Essay III: Why do some rising powers unilaterally declare an ideal ordering principle against regional powers deeply attached to existing principles although it is not likely to be realized in the near future? Under what circumstances can such an ideal principle be successfully implemented in the region or escalate into an armed conflict? This paper aims to form a game-theoretic model of bargaining between two rival states with potentially incompatible ordering principles, and provide solid evidence from U.S.-Japanese conflicts in Northeast Asia in the early twentieth century. Constructed on two-sided uncertainty, the model coherently explains why the United States, a new external force in Northeast Asia, was deeply attached to the Open-Door principle as a practically efficient option in bargaining with Japan, a regional power, which adhered to the partition principle, but the potential conflict escalated into a war in the end. Fifteen historical cases from 1899 to 1941 strongly support the predictions made by the model.

THE ISSUE OF CAPITAL PUNISHMENT HAS PERHAPS BEEN MORE widely and publicly debated in this country than in any other. It has been a live political issue for well over a century, and the range of views represented by participants is as broad today as at any time in the past. Given the vast amount of literature – philosophical, legal, political and statistical – devoted to the subject, it is difficult to contribute to the debate in some more substantial way then merely by rehearsing well-known opposed positions. What I shall attempt to do in this paper is briefly to set out the positions of principle which might be taken up in arguments about the reintroduction of the death penalty, in the hope of clarifying the exact points of disagreement. Having done this, I shall argue for a particular moral position, before going on to consider some of the more specialized legal issues and the implications for constitutional theory which any form of reintroduction would raise. In the light of all these arguments, I shall finally draw some conclusions for both the debate of principle and the problem of practical politics with which the members of both Houses of Parliament are likely to be faced in the near future.

Abstract.Belgium's systems of unemployment insurance and employment protection legislation were set up in the context of typically enduring and stable relationships between workers and firms. Economic globalization and rapid technological and organizational change, however, are now demanding more flexibility of both workers and firms. As a result, current labour market institutions are in urgent need of reform to reconcile such increased flexibility with adequate security for workers. Though the call for a "flexicurity" approach is not new, there is no single view of what institutional model the latter implies. This paper proposes a reform explicitly guided by economic principles.

As public international law expands into new domains formerly excluded from its province, it will, for its "formal" sources, have to depend more and more on treaties as the nearest substitute for international legislation.