Hasil untuk "Law of nations"

L. Bettencourt, J. Lobo, D. Helbing et al.

Trisoko Sugeng Sulistyo, Yos Johan Utama, Aju Putrijanti

The phenomenon of the dark fleet in the global maritime economy has escalated significantly following the imposition of international sanctions against Russia since 2022 and has developed into a systemic mechanism for evading sanctions that undermines the effectiveness of international maritime governance. This article analyzes the structural weaknesses in the enforcement of administrative sanctions by flag states against illegal vessels and their legal implications within the framework of monitoring obligations under the United Nations Convention on the Law of the Sea (UNCLOS). The research uses a normative legal approach with qualitative analysis of UNCLOS, international maritime conventions such as SOLAS and MARPOL, international sanctions regimes, and maritime investigative reports. The results of the study show that the practices of open registries and flags of convenience are systematically exploited for flag-hopping, beneficial ownership concealment, Automatic Identification System (AIS) switching off, and ship-to-ship transfers that create maritime zones of impunity. The repeated failure of flag states to carry out their due diligence obligations as stipulated in Article 94 of UNCLOS could potentially be classified as a violation of international obligations that triggers state responsibility. This article emphasizes the need for structural reform through the strengthening of port state control, the adoption of advanced surveillance technology, binding ship ownership transparency, and the updating of global flag registration standards to restore the effectiveness of maritime sanctions enforcement and the integrity of international maritime law.

Lović Vladimir

The absence of a universally accepted and binding multilateral legal framework increases the risk that cyberspace will continue to be an unregulated domain, primarily driven by the strategic interests of great powers rather than the rule of law. Cyberspace has emerged as a key domain in contemporary international relations, alongside traditional arenas such as land, sea, air and extraterrestrial domains. Rapid advances in information and communication technologies have enabled unprecedented levels of global interconnectedness; however, this progress has simultaneously created opportunities for new forms of conflict and subversive activities. Incidents of cyber attacks targeting critical infrastructure, financial institutions, government agencies and election systems are becoming more frequent and sophisticated, and their origins are often difficult to trace. These developments highlight the urgent need for a comprehensive normative framework that could delineate state responsibilities in the digital domain. This paper examines the application of principles derived from public international law in the context of cyberspace, with particular emphasis on sovereignty, the prohibition of the use of force, the principle of non-interference and the mechanisms for attributing cyber attacks. Special attention was paid to assessing whether existing legal frameworks adequately enable the sanctioning of states that engage in illegal activities in the digital sphere. To this end, relevant international instruments and initiatives are analyzed - including the Budapest Convention, the Tallinn Manual and United Nations resolutions. In addition, significant international cyber incidents, such as the Estonia attacks, Operation Stuknet, and the SolarWinds breach, are discussed as case studies.

Edgar Manuel Cambaza

This article examines the ethical and systemic failures surrounding the massive financial fraud orchestrated by Vietnamese real estate tycoon Truong My Lan. This study aims to analyze the intricate web of relationships, rights, duties, and potential responses to prevent such unethical practices in the future. Using a case study approach, the research critically evaluates the most appropriate responses and considers future preventive measures. The study draws on various scholarly sources and legal frameworks, including the Vietnamese Enterprise Law, the Labor Code, and international conventions such as the United Nations Convention Against Corruption. Findings suggest that strengthening regulatory oversight, enhancing corporate governance, and fostering a culture of transparency and accountability are crucial steps in addressing and preventing financial fraud. The research also highlights the importance of technological integration, public education, and international collaboration in building a resilient financial system. This study contributes to the broader discourse on business ethics and corporate governance by comprehensively analyzing one of Vietnam's most prominent fraud cases and proposing actionable measures to mitigate similar risks in the future.

Thi Hoa Cuc Nguyen, Nguyen Phu Cuong Doan, Minh Phu Nguyen

Foreign trade is an indispensable activity in the globalization era. Researching the liabilities of parties in performing the sale contracts and the avoidance right of parties in the contracts is a vital issue. Therefore, this article compared Vietnamese Commercial Law 2005 with the United Nations Convention for the International Sale of Goods (CISG) and Principles of International Commercial Contracts (PICC) regarding the avoidance of sale contracts, including the three aspects, fundamental breach, failure in performance obligations of contract at the end of adding time, and anticipatory breach. The findings not only enable Vietnamese merchants to master international rules in establishing foreign trading but also show differences and similarities between Vietnamese law and international rules. By doing that, this article puts forward some implications for rebuilding the definition of “fundamental breach” in Vietnamese commercial law. Also, this paper suggested that the avoidance clause of the Vietnamese law should include the claim to terminate the agreement of the innocent party due to the non-performance party’s failure to fulfill contractual duties at the end of adding time, and the other party will be constituted an “anticipatory breach”.

Jože P. Damijan, Sandra Damijan, Osiris Jorge Parcero

This paper examines whether there is a premium in country size. We study whether there are significant gains from being a small or a large country in terms of certain socioeconomic indicators and how large this premium is. Using panel data for 200 countries over 50 years, we estimate premia for various sizes of nations across a variety of key economic and socioeconomic performance indicators. We find that smaller countries are richer, have larger governments, and are more prudent in terms of fiscal policies than larger ones. On the other hand, smaller countries seem to be subject to higher absolute and per capita costs for the provision of essential public goods, which may lower their socioeconomic performance in terms of health and education. In terms of economic performance, small countries seem to do better than large countries, compensating for smallness by relying on foreign trade and foreign direct investment. The latter comes at the cost of higher vulnerability to external shocks, resulting in higher volatility of growth rates. This paper's findings offer essential guidance to policymakers, international organizations, and business researchers, especially those assessing a country's economic or socioeconomic performance or potential. The study implies that comparisons with medium-sized or large countries may be of little utility in predicting the performance of small countries.

Jean-Christophe Pain, Yuri Ralchenko

The intriguing law of anomalous numbers, also named Benford's law, states that the significant digits of data follow a logarithmic distribution favoring the smallest values. In this work, we test the compliance with this law of the atomic databases developed at the National Institute of Standards and Technology (NIST) focusing on line energies, oscillator strengths, Einstein coefficients and radiative opacities. The considered databases are the Atomic Spectra Database (ASD) and the NIST-LANL (Los Alamos National Laboratory) Lanthanide/Actinide Opacity Database. The present study is not limited to the first digit and the case of multipole lines is also considered. The fact that the law is verified with a high accuracy means that the occurrence of digits reflects the constraints induced, in a given angular-momentum coupling, by the selection rules for atomic processes. As a consequence, Benford's law may be of great interest to detect inconsistencies in atomic databases.

Prasenjit Karmakar, Swadhin Pradhan, Sandip Chakraborty

Indoor air pollution is a major issue in developing countries such as India and Bangladesh, exacerbated by factors like traditional cooking methods, insufficient ventilation, and cramped living conditions, all of which elevate the risk of health issues like lung infections and cardiovascular diseases. With the World Health Organization associating around 3.2 million annual deaths globally to household air pollution, the gravity of the problem is clear. Yet, extensive empirical studies exploring these unique patterns and indoor pollutions extent are missing. To fill this gap, we carried out a six months long field study involving over 30 households, uncovering the complexity of indoor air pollution in developing countries, such as the longer lingering time of VOCs in the air or the significant influence of air circulation on the spatiotemporal distribution of pollutants. We introduced an innovative IoT air quality sensing platform, the Distributed Air QuaLiTy MONitor (DALTON ), explicitly designed to meet the needs of these nations, considering factors like cost, sensor type, accuracy, network connectivity, power, and usability. As a result of a multi-device deployment, the platform identifies pollution hot-spots in low and middle-income households in developing nations. It identifies best practices to minimize daily indoor pollution exposure. Our extensive qualitative survey estimates an overall system usability score of 2.04, indicating an efficient system for air quality monitoring.

Khadija Khatun, Chen Shen, Jun Tanimoto et al.

Understanding how cooperation emerges in public goods games is crucial for addressing societal challenges. While optional participation can establish cooperation without identifying cooperators, it relies on specific assumptions -- that individuals abstain and receive a non-negative payoff, or that non-participants cause damage to public goods -- which limits our understanding of its broader role. We generalize this mechanism by considering non-participants' payoffs and their potential direct influence on public goods, allowing us to examine how various strategic motives for non-participation affect cooperation. Using replicator dynamics, we find that cooperation thrives only when non-participants are motivated by individualistic or prosocial values, with individualistic motivations yielding optimal cooperation. These findings are robust to mutation, which slightly enlarges the region where cooperation can be maintained through cyclic dominance among strategies. Our results suggest that while optional participation can benefit cooperation, its effectiveness is limited and highlights the limitations of bottom-up schemes in supporting public goods.

Giulia Dal Ben

This article aims to trace the recent judicial trajectories in the promotion and recognition of environmental migration. It will first show the general background in which the phenomenon is placed, thus underlying its main characteristics and problems. Subsequently, it will offer an overview of some noteworthy examples of the so-called “climate change litigation”. Indeed, notwithstanding the lack of binding instruments and the inapplicability or inadequacy of the existing legal instruments for the protection of environmental migrants, noteworthy examples of increasing awareness about the relationship between environmental degradation and human rights can be found in several cases decided by international human rights judicial or quasi-judicial bodies. In particular, two recent decisions of the United Nations Human Rights Committee (U.N.H.R.C.) will be assessed. The article will also assess the increasing sensibility of the European Court of Human Rights (E.Ct.H.R.) in deciding environmental cases through a human-rights-based approach. By moving from the supranational context to the national one, the paper will focus on two recent decisions adopted by the French Bordeaux Administrative Court and the Italian Court of Cassation. Indeed, they both represent relevant examples of the role played by national courts in broadening the interpretation and application of the existing instruments of protection for environmental migrants. The analysis of the mentioned decisions will then be framed in the wider context of the legal order of the European Union (E.U.), highlighting how E.U. instruments of secondary law at disposal do not appear adequate for guaranteeing a sort of protection for environmental migrants.

Soumya Sankar, Ruizi Liu, Xue-Jian Gao et al.

Berry curvature multipoles appearing in topological quantum materials have recently attracted much attention. Their presence can manifest in novel phenomena, such as nonlinear anomalous Hall effects (NLAHE). The notion of Berry curvature multipoles extends our understanding of Berry curvature effects on the material properties. Hence, research on this subject is of fundamental importance and may also enable future applications in energy harvesting and high-frequency technology. It was shown that a Berry curvature dipole can give rise to a 2nd order NLAHE in materials of low crystalline symmetry. Here, we demonstrate a fundamentally new mechanism for Berry curvature multipoles in antiferromagnets that are supported by the underlying magnetic symmetries. Carrying out electric transport measurements on the kagome antiferromagnet FeSn, we observe a 3rd order NLAHE, which appears as a transverse voltage response at the 3rd harmonic frequency when a longitudinal a.c. current drive is applied. Interestingly, this NLAHE is strongest at and above room temperature. We combine these measurements with a scaling law analysis, a symmetry analysis, model calculations, first-principle calculations, and magnetic Monte-Carlo simulations to show that the observed NLAHE is induced by a Berry curvature quadrupole appearing in the spin-canted state of FeSn. At a practical level, our study establishes NLAHE as a sensitive probe of antiferromagnetic phase transitions in other materials, such as moiré superlattices, two-dimensional van der Waal magnets, and quantum spin liquid candidates, that remain poorly understood to date. More broadly, Berry curvature multipole effects are predicted to exist for 90 magnetic point groups. Hence, our work opens a new research area to study a variety of topological magnetic materials through nonlinear measurement protocols.

Pranav Narayanan Venkit, Sanjana Gautam, Ruchi Panchanadikar et al.

Little attention is placed on analyzing nationality bias in language models, especially when nationality is highly used as a factor in increasing the performance of social NLP models. This paper examines how a text generation model, GPT-2, accentuates pre-existing societal biases about country-based demonyms. We generate stories using GPT-2 for various nationalities and use sensitivity analysis to explore how the number of internet users and the country's economic status impacts the sentiment of the stories. To reduce the propagation of biases through large language models (LLM), we explore the debiasing method of adversarial triggering. Our results show that GPT-2 demonstrates significant bias against countries with lower internet users, and adversarial triggering effectively reduces the same.

Sergio Carullo

En este trabajo busco definir el acto administrativo de elaboración electrónica, sus características y su regulación a nivel local como en el derecho comparado. Para luego concentrarme en la regulación aduanera, particularmente las suspensiones automáticas de los registros aduaneros – despachantes de aduanas y otros agentes del sistema – dispuestas por la autoridad administrativa. Analizo también jurisprudencia relacionada con las suspensiones automáticas previstas por la ley 22.415 –Código Aduanero. Indago sobre la inteligencia fiscal en el procedimiento tributario a la luz del Estado constitucional social de derecho. Para finalizar planteo algunas reflexiones para buscar respuestas a los siguientes interrogantes ¿Las suspensiones previstas sin más trámite en el Código Aduanero, ley 22415, configuran actos de elaboración electrónica? y en su caso ¿son respetuosos de un Estado constitucional social de Derecho?

I. S. Marusin

INTRODUCTION. The article analyzes the consequences of coming into force of the Treaty on the Prohibition of Nuclear Weapons 2017. This Treaty forbids use of nuclear weapons and its deployment on territories of states, which ratified it.   MATERIALS AND METHODS. The article is based on the main international treaties, which regulate now the status of nuclear weapons – Non-proliferation treaty 1968, Treaty on the Prohibition of Nuclear Weapons 2017 and also Advisory Opinion of UN International Court of Justice 1996.   RESEARCH RESULTS. Coming into force of the Treaty on the Prohibition of Nuclear Weapons subdivided states into two groups – the states-participants of this Treaty and states-non participants. On the territory of states-participants the use of nuclear weapons is prohibited and must be considered as war crime. On the territory of states- non-participants use of nuclear weapons preserves the same regime as before. This regime was considered by UN International Court of Justice in his Advisory Opinion on Legality of Threat and Use of Nuclear Weapons 1996. The article analyzes this Advisory Opinion.   DISCUSSION AND CONCLUSIONS. Author comes to a conclusion, that all the legal foundations upon which is based this Advisory Opinion remains intact and also his central clause, according to which it is not forbidden for a state to use nuclear weapons when its survival is at stake. This situation may occur when such a state would be in armed conflict with a state or group of states – members of a military-political organization, which had much stronger military and economic potential. Also use of nuclear weapons is not forbidden against all members of this military-political organization.

Otto Kolbinger, Chenyuyan Yang, Martin Lames

Due to the unfavourable climatic conditions in Qatar during summertime, the FIFA World Cup 2022 will be played during on-going seasons of the major European leagues. This study investigates how national teams' tournaments scheduled at such a time window impact the playing time of released players, using data from the Africa Cups of Nations (AFCON). For 262 internationals playing at the 2013, 2015 and 2021 AFCON, we compared the share of possible games and minutes played before and after the tournament using Mann-Whitney-U tests. We found a significant decrease of 3.3% for games (p=.029, CL_Effect_Size=44.5%) and 3.1% for minutes played respectively (p=.018, CL_Effect_Size=44.9%). For a subsample of 163 players, which played for the same club the preceding seasons, we found that these players tend to have played more in the second half of the previous season, resulting in a net decrease of 6.8% for games (p=.011, CL_Effect_Size=42.3%) and 7.1% for minutes played (p=.007, CL_Effect_Size=41.9%). Conclusions for the FIFA World Cup 2022 should only be drawn carefully as the number of released players was comparatively low. However, the findings give some indication that releasing clubs might suffer the rest of the season after this tournament.

Felipe R. Serras, Marcelo Finger

In this work, we carried out a study about the use of attention-based algorithms to automate the categorization of Brazilian case law documents. We used data from the Kollemata Project to produce two distinct datasets with adequate class systems. Then, we implemented a multi-class and multi-label version of BERT and fine-tuned different BERT models with the produced datasets. We evaluated several metrics, adopting the micro-averaged F1-Score as our main metric for which we obtained a performance value of F1-micro=0.72 corresponding to gains of 30 percent points over the tested statistical baseline. In this work, we carried out a study about the use of attention-based algorithms to automate the categorization of Brazilian case law documents. We used data from the \textit{Kollemata} Project to produce two distinct datasets with adequate class systems. Then, we implemented a multi-class and multi-label version of BERT and fine-tuned different BERT models with the produced datasets. We evaluated several metrics, adopting the micro-averaged F1-Score as our main metric for which we obtained a performance value of $\langle \mathcal{F}_1 \rangle_{micro}=0.72$ corresponding to gains of 30 percent points over the tested statistical baseline.

Hua Xuan Qin, Yuyang Wang, Pan Hui

With the boom in metaverse-related projects in major areas of the public's life, the safety of users becomes a pressing concern. We believe that an international legal framework should be established to promote collaboration among nations, facilitate crime investigation, and support democratic governance. In this paper, we discuss the legal concerns of identity, crimes that could occur based on incidents in existing virtual worlds, and challenges to unified law enforcement in the metaverse.

Jean Allain

Giovanni Abramo, Ciriaco Andrea D'Angelo

The formulation of national research policies would benefit greatly from reliable strategic analysis of the scientific infrastructure, aimed at identifying the relevant strengths and weaknesses at field level. Bibliometric methodologies thus far proposed in the literature are not completely satisfactory. This work proposes a novel "output-to-input-oriented" approach, which permits identification of research strengths and weaknesses on the basis of the ratios of top scientists and highly cited articles to research expenditures in each field. The proposed approach is applied to the Italian academic system. 2012-2016 scientific publications are analyzed, in the 218 research fields where bibliometric assessment is appropriate.

Kimberley Miner, Laura Meyerson, . Climate Change Institute et al.

Mediterranean ecosystems such as those found in California, Central Chile, Southern Europe, and Southwest Australia host numerous, diverse, fire-adapted micro-ecosystems. These micro-ecosystems are as diverse as mountainous conifer to desert-like chaparral communities. Over the last few centuries, human intervention, invasive species, and climate warming have drastically affected the composition and health of Mediterranean ecosystems on almost every continent. Increased fuel load from fire suppression policies and the continued range expansion of non-native insects and plants, some driven by long-term drought, produced the deadliest wildfire season on record in 2018. As a consequence of these fires, a large number of structures are destroyed, releasing household chemicals into the environment as uncontrolled toxins. The mobilization of these materials can lead to health risks and disruption in both human and natural systems. This article identifies drivers that led to a structural weakening of the mosaic of fire-adapted ecosystems in California, and subsequently increased the risk of destructive and explosive wildfires throughout the state. Under a new climate regime, managing the impacts on systems moving out-of-phase with natural processes may protect lives and ensure the stability of ecosystem services.