Hasil untuk "Law in general. Comparative and uniform law. Jurisprudence"

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DOAJ Open Access 2025
”Discrimination Against Children” in the Light of Landmark Decisions of the European Court of Human Rights and the Us Supreme Court

Peri Uran Murphy

One of the most significant and convoluted issues regarding the international protection of human rights is the right to non-discrimination. Discrimination, which can be defined as less favourable treatment in a narrow sense, undoubtedly poses a threat to various social groups in society; however, it is particularly a threat to children, as they are disadvantaged in terms of the power structure of society and are more vulnerable than adults due to their age-related necessities. A violation of rights during childhood can lead to much more serious and even irreparable consequences than a violation of rights experienced during adulthood, because it prevents or delays the flow of developmental opportunities during this period. Children who cannot influence decision-makers due to their inability to vote and who cannot assert their rights due to limited rights of participation and association face significant difficulties in expressing their experiences. In light of these facts, States have a great responsibility to ensure that a child whose rights have been violated due to discrimination based on ethnic background, disability, age, birth, other grounds such as religion, language, etc., can claim their rights, to compensate for the damage caused by the violation, and to prevent the recurrence of similar violations.

Comparative law. International uniform law
DOAJ Open Access 2025
Potencialidades y limitaciones de la aplicación de la reconstrucción cráneo-facial en la investigación forense

Gustavo Faúndez Salinas

La evidencia en una investigación forense, exige el desarrollo y la aplicación de un análisis crítico de las imágenes, así como el estudio de su circulación y transformación. Este trabajo plantea la necesidad de contextualizar el desarrollo histórico de la reconstrucción cráneo-facial, en el marco de las técnicas biométricas y de identificación facial y evaluar las posibilidades y limitaciones, que trae consigo su aplicación forense. Se propone una puesta en contexto de las aplicaciones más recientes de la antropometría, así como la realización de un análisis de fortalezas, oportunidades, debilidades y amenazas, con el fin de alcanzar claridad, respecto de las condiciones en que resulta pertinente utilizarla y cuáles son profesionales forenses idóneos, a quienes solicitar su aplicación. Finalmente, se concluye que, con el objeto de sacar el máximo provecho del empleo de la reconstrucción cráneo-facial forense, es necesario tener claros sus límites, contar con un perfil de los profesionales idóneos y moderar las expectativas respecto de sus alcances.

Criminal law and procedure, Medical legislation
arXiv Open Access 2025
A $P$-Adaptive Hermite Method for Nonlinear Dispersive Maxwell's Equations

Yann-Meing Law, Zhichao Peng, Daniel Appelö et al.

In this work, we introduce a novel Hermite method to handle Maxwell's equations for nonlinear dispersive media. The proposed method achieves high-order accuracy and is free of any nonlinear algebraic solver, requiring solving instead small local linear systems for which the dimension is independent of the order. The implementation of order adaptive algorithms is straightforward in this setting, making the resulting p-adaptive Hermite method appealing for the simulations of soliton-like wave propagation.

en math.NA
DOAJ Open Access 2024
Política de pagamento por serviços ambientais na Região da Chapada Diamantina, Bahia: potencialidades, fragilidades e estratégias de promoção

Israel Pedro Dias Ribeiro, Mônica de Moura Pires, Andrea da Silva Gomes

O presente trabalho pretende identificar potencialidades e fragilidades na gestão ambiental dos municípios da Chapada Diamantina, na Bahia, para a implementação do instrumento de Pagamento por Serviços Ambientais (PSA) como política pública de desenvolvimento local e regional. Especificamente, objetiva-se identificar a existência de iniciativas ou articulações para a formulação e/ou implementação do PSA na região, caracterizar os principais aspectos e desafios vivenciados por esses municípios no tocante à gestão ambiental e analisar as fortalezas, fraquezas, oportunidades e ameaças relacionadas ao PSA, a fim de discutir estratégias para a sua promoção. Quanto à metodologia, foram empregados os procedimentos de pesquisa bibliográfica e pesquisa documental. As técnicas de análise de conteúdo e análise SWOT foram utilizadas para a interpretação dos resultados. Verifica-se que a implementação da política de PSA na Chapada Diamantina representa um grande desafio para a gestão ambiental, tendo em vista as dificuldades institucionais e as fortes restrições financeiras enfrentadas pelos municípios, apesar das potencialidades ambientais constatadas. Assim, para promover a difusão do PSA na região, sugerem-se ações coordenadas entre as esferas governamentais e os diversos atores políticos e sociais envolvidos, bem como a integração entre políticas ambientais, considerando a complexidade do cenário de implementação da política pública em questão.

Environmental sciences, Law in general. Comparative and uniform law. Jurisprudence
arXiv Open Access 2024
Sylow branching trees for symmetric groups

Eugenio Giannelli, Stacey Law

Let $p\ge 5$ be a prime and let $P$ be a Sylow $p$-subgroup of a finite symmetric group. To every irreducible character of $P$ we associate a collection of labelled, complete $p$-ary trees. The main results of this article describe Sylow branching coefficients for symmetric groups for all irreducible characters of $P$ in terms of some combinatorial properties of these trees, extending previous work on the linear characters of $P$.

en math.RT, math.CO
arXiv Open Access 2024
Emergence of space from the first law of thermodynamics in the braneworld scenarios

Krishna P. B., Adithya P S, Titus K. Mathew

Expansion of the universe is caused by the departure from the holographic equipartition. This principle, the law of emergence, first postulated in the context of Einstein's gravity has been extended successfully to more general gravity theories like Gauss-Bonnet and Lovelock gravity. We derive the law of emergence for braneworld models of gravity, starting from the more fundamental and well established principle, the first law of thermodynamics. More specifically, we derive the law of emergence in the context of RS II braneworld, Warped DGP model and Gauss-Bonnet braneworld and compare the derived law with the one proposed by Sheykhi for the braneworld models. We further show that the law of emergence leads to the maximization of horizon entropy in all these braneworld models. While the law of emergence effectively implies the maximization of horizon entropy, it could be derived from the first law of thermodynamics. Our results suggest that the horizon thermodynamics is the backbone of the law of emergence in the braneworld scenarios.

en gr-qc
arXiv Open Access 2024
Image Vectorization with Depth: convexified shape layers with depth ordering

Ho Law, Sung Ha Kang

Image vectorization is a process to convert a raster image into a scalable vector graphic format. Objective is to effectively remove the pixelization effect while representing boundaries of image by scaleable parameterized curves. We propose new image vectorization with depth which considers depth ordering among shapes and use curvature-based inpainting for convexifying shapes in vectorization process.From a given color quantized raster image, we first define each connected component of the same color as a shape layer, and construct depth ordering among them using a newly proposed depth ordering energy. Global depth ordering among all shapes is described by a directed graph, and we propose an energy to remove cycle within the graph. After constructing depth ordering of shapes, we convexify occluded regions by Euler's elastica curvature-based variational inpainting, and leverage on the stability of Modica-Mortola double-well potential energy to inpaint large regions. This is following human vision perception that boundaries of shapes extend smoothly, and we assume shapes are likely to be convex. Finally, we fit Bézier curves to the boundaries and save vectorization as a SVG file which allows superposition of curvature-based inpainted shapes following the depth ordering. This is a new way to vectorize images, by decomposing an image into scalable shape layers with computed depth ordering. This approach makes editing shapes and images more natural and intuitive. We also consider grouping shape layers for semantic vectorization. We present various numerical results and comparisons against recent layer-based vectorization methods to validate the proposed model.

en cs.CV, cs.GR
CrossRef Open Access 2024
Interaction of International Humanitarian Law and International Human Rights Law in the context of armed conflicts

L.V. Pashynna

It is indicated that the problems of the interaction of international humanitarian law and international human rights law lie in the different historical origins, evolution and application of these two branches of law. The complexity of the interaction between the IHL and the ICRC lies in their extraterritorial action and different personal spheres of application. IHL undeniably applies to international and non-international armed conflicts, regulating the conduct of states and armed groups, while the IHL is recognized as the basis of law in peacetime, but also applies in periods of conflict. Finding the points of intersection between international human rights law (IHRL) and international humanitarian law (IHL) in the context of armed conflicts is the main objective of this section. The merger of these two legal fields, traditionally divided into separate areas of responsibility in peacetime and wartime, has gained unprecedented importance in the legal analysis of modern conflicts. The impetus for the development of the new paradigm was the rapid evolution of the nature of war, characterized by the emergence of asymmetric warfare and the blurring of the boundaries between state and non­state actors. Such transformations in the theater of war require a nuanced understanding of the legal instruments used in this context, which emphasizes the need for this analysis. The urgency of the issue is emphasized by the changing dynamics of international practice. The recognition by the International Court of Justice of the continued applicability of IHRL in conflict and the definition of IHL as lex specialis emphasizes that the legal landscape is in constant flux. At the heart of this analysis is the difficulty of determining the applicability of IHL, a task that is complicated by the problems of classifying conflicts as international or non-international. The principle of derogation - whereby states may temporarily suspend certain human rights obligations - creates an additional layer of complexity, affecting the interpretation and application of laws during armed conflict. Many provisions of international human rights conventions define the protected interest and then provide that any restrictions must be justified by reference to a list of aims, which varies from article to article and treaty to treaty, that are necessary for the achievement of the aim in question and are proportionate to its achievement. In this way, the IHRL provides a mechanism for balancing the requirements of individuals with those of others or the community itself.

DOAJ Open Access 2023
Public perception of the performance of Czech forest ecosystem services

Ratna Chrismiari Purwestri, Petra Palátová, Miroslav Hájek et al.

Abstract In recent years, there has been growing interest in public valuation for forest ecosystem services in policymaking. This paper investigates the public’s perception of the Czech forest ecosystem services, i.e., provisioning, regulating and cultural services, with associated factors (changes in forest cover, production, and respondents’ characteristics). The performance perception of forest ecosystem services was gathered from a nationwide survey in 2020. The Coordination of Information on the Environment Land Cover information in 2000 and 2018 was used for observation of forest cover changes. Coniferous and non-coniferous (broadleaved) roundwood, mushroom, and bilberry production data from the observed years were acquired from the Czech Statistical Office and the Ministry of Agriculture’s annual nationwide surveys. The Bohemia vs. Moravia study areas were also statistically compared. Predictor analysis of the high score of performance perception from individual and cluster forest ecosystems was also performed to answer the research objectives. The group of forest provisioning services received high scores in public evaluation (from 3.9 to 4.2), followed by regulating services (mean range: 3.7–4.1). The highest score was found in forest as a natural habitat for wild animals and plants (mean: 4.6). However, the lowest value was the esthetic value (mean: 2.3). Both are categorized as forest cultural services. The broadleaved and mixed forest areas in 2018 were significantly higher than in 2000, especially in Bohemia. Meanwhile, the total coniferous forested region in 2018 declined substantially compared to 2000 (p = 0.030), especially in Moravian areas. A significantly higher total production of the coniferous and broadleaved roundwood removals in 2018 than in 2000 was reported, in contrast to a marked decrease in collected mushrooms and bilberries. The high score of performance perception of forests as the wood provisioning service was positively and significantly associated with the changes in broadleaved roundwood removals. Older-age and female respondents were the primary predictors of the studied cluster and individual forest ecosystem services. The findings indicate that the social value of the individual forest provisioning services supports the implementation of multi-species and multi-purpose forests; hence, it encourages the implementation of the current Czech forest policy.

Environmental sciences, Environmental law
DOAJ Open Access 2023
Good Faith in the Judgments of the International Court of Justice

Abdolmajid Mehdizadeh, Mohammadhadi Soleimanian

Good faith, as one of the fundamental principles of international law, indicates the need for fairness, honesty and reasonableness in international relations. And the International Court of Justice and other international judicial authorities have been repeatedly cited. The judges of the Court have also discussed and cited the concept of good faith in their separate opinions on various occasions. The International Court of Justice, citing the principle of good faith in the settlement of international disputes, has played an effective role in objectifying some manifestations of the principle of good faith in international law and in the process of interpreting the law, creating the law, replacing the law or removing ambiguity International law - sometimes from general principles such as good faith, has made effective inferences that are helpful in understanding the content of the manifestations of good faith and its legal criteria. In the first part of the present article, we examine the principle of good faith and its various manifestations, and in the second part, we analyze some of the cases that have been invoked in the procedures of the Permanent International Court of Justice and the International Court of Justice.

Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2023
Financial markets regulation: political accountability challenged

Adrienne Heritier

Purpose – This paper aims to conceptualize and empirically illustrate the challenges that financial market regulation presents to politicians and the organization tasked with specifying regulations and supervising their implementation in the interest of users and consumers of financial instruments. It analyses the problem from the viewpoint of the governor's dilemma and the control/competence conflict, the linked problem of the rent-seeking of agents/intermediators and consumers of financial instruments. Political accountability problems are enhanced by the materiality of the technologies used, i.e. algo trading. Design/methodology/approach – The paper theoretically conceptualizes and empirically illustrates the argument. Findings – The paper finds that regulators of digitalized financial markets are faced with considerable problems and depend on private agents when regulating financial transactions. However, the new technological instruments also offer new possibilities for securing compliance. Research limitations/implications – Further research should focus more in-depth on the cooperation between public and private actors in the specification and implementation of regulatory details. It should further investigate the conditions which allow regulators to use RegTech in the surveillance of financial firms. Practical implications – Since financial market transactions are opaque for most users, the creation of more transparency is crucial to hold regulators accountable in their activity of surveillance of financial firms. New algorithm-based technologies may lend important support in doing so. Originality/value – By linking the different analytical perspectives, i.e. the governor's dilemma vis-à-vis the intermediator or agent and the possible rent-seeking of intermediators, under the condition of a highly developed technology of financial transactions as well as the market structure, the paper offers new insights into the limits as well as new opportunities of regulating financial markets allowing for political accountability of regulators and financial firms.

Regulation of industry, trade, and commerce. Occupational law, Economic growth, development, planning
arXiv Open Access 2023
Spectroscopy of van der Waals nanomaterials: Opportunities and Challenges

Sivakumar Vishnuvardhan Mambakkam, Stephanie Law

The study of van der Waals (vdW) materials has seen increased interest in recent years, due to the wide range of uses for these materials because of their unique mechanical, electronic, and optical properties. This area has recently expanded further into studying the behavior of vdW nanomaterials, as decreasing dimensions open up opportunities to interact with these materials in new ways. However, measuring the band structures of nanomaterials, which is key to understanding how confinement affects material properties and interactions, comes with several challenges. In this review, we survey a range of techniques for synthesizing and characterizing vdW nanomaterials, in order to outline the key material and characterization challenges. This includes controlling the Fermi level in vdW nanoparticles, preparing these particles for either ensemble or individual particle measurement, as well as protecting the pristine surface from oxidation.

en cond-mat.mes-hall
arXiv Open Access 2023
Proper Interpretation of Heaps' and Zipf's Laws

Kim Chol-jun

We checked that the distribution of words in text should uniform, which gives Heaps' law as natural result, that is, the number of types of words can be expressed as a power law of the number of tokens within text. We developed a ``superposition'' model, which leads to an asymptotic power-law distribution of the number of occurrences (or frequency) of words, that is, Zipf's law. The model is well consistent with observations.

en physics.soc-ph
CrossRef Open Access 2023
ABUSE OF RIGHTS DURING LEGAL PROCEEDINGS (COMPARATIVE STUDY OF ISLAMIC JURISPRUDENCE AND CIVIL LAW)

SAAD SALIM MASHJEL, HAMID SULTAN ALI

The procedural right holder has the right to use it within the limits set for him to achieve its purpose without any deviation. However, it may use methods that involve procrastination, distortion, procrastination, and the use of the right in litigation procedures other than what they are legislated for. Because the right of defense is permissible for all, except for those whose intransigence and deviation has been proven to harm his opponent. This is considered exaggeration and abuse in the use of the right and the damage resulting from it, which, in turn, harms the applicant for compensation within the jurisdiction of the judiciary. The right holder does not have an absolute power to use his right as he likes, for the law limits his authority to legitimate ends and draws limits for his right, because use of right without a limit is an outrageous injustice, and there is no difference between the objective right and the procedural right, since the latter is being used as a means of violating the opponent.

CrossRef Open Access 2023
Division of things according to the Austrian General Civil Code of 1811 as a reception of the provisions of Roman private law

R.V. Savuliak

The General Civil Code of the Austrian Empire in 1811 was extended, including to the Western Ukrainian lands, which were part of it, and was in effect until the mid-late 1930s; and in modern Austria it is still valid today.
 The main source of the Austrian General Civil Code of 1811 was first of all pandect law, that is, Roman law recepted and adapted to new conditions. Therefore, the author aimed to investigate the reception of Roman private law (in particular, the provisions of title VIII «On the division of things and their properties» of the first book of Justinian's Digests) when regulating the division of things by the Code.
 The article reveals the concepts of things, the division of things according to various criteria and the peculiarities of the legal regimes of various types of things enshrined in the Austrian General Civil Code of 1811; and so, the author found the reception of Roman private law in the legal provisions under consideration.
 Namely, the author found out that, in contrast to Roman law, which did not contain a general concept of a thing, such a concept was formulated in the Code. The article highlights the division of things in the Austrian General Civil Code of 1811 into the following types according to the following criteria: according to the subject to which they belong, – state property, private property (including communal possessions and communal property), common (public) possessions and ownerless things; according to their various properties – corporeal and incorporeal, mobile and immobile, consumable and non-consumable, valued and non-valued; and it was also established an allocation by the Austrian legislator of such a legal category as an aggregate thing.
 The author analyzed that the classification of things according to various criteria and the regulation of their legal regimes established in the Code actually constitute the reception of Roman private law. However, certain differences were found in the interpretation of immovable things, namely in the understanding of the affiliation of an immovable thing, in particular, appurtenance things. And it was also established that Roman private law did not distinguish between things valued and unvalued, but a sacred thing was not subject to valuation.

DOAJ Open Access 2022
ANALISIS PERAN KORBAN DALAM TERJADINYA KECELAKAAN LALULINTAS SEBAGAI UPAYA PENANGGULANGANNYA (Studi Pada Satlantas Polresta Padang)

Omrizal Omrizal

Keterlibatan korban dalam suatu peristiwa kecelakaan harus menjadi sebuah kajian dalam upaya menekan angka kecelakaan tersebut. Penelitian ini bersifat deskriptif analitis. Pendekatan yang digunakan adalah pendekatan Yuridis Normatif yang didukung pendekatan  Yuridis Empiris. 112 125 Peran korban dalam terjadinya kecelakaan lalulintas di Kota Padang  adalah adanya korban yang kurang konsentrasi dan menyalip serta menyeberang tiba tiba. Korban yang kurang konsetrasi sehingga tidak memperhatikan rambu atau peringatan yang ada di jalan. Kondisi kelelahan/ mengantuk membuat korban lengah dalam mengendarai kendaraannya. Peranan korban sangatlah berpengaruh dalam terjadinya kecelakaan baik secara sadar maupun tidak sadar sehingga menjadikannya sebagai korban. Upaya yang dilakukan Satlantas Polresta Padang dalam menanggulangi  kecelakaan lalulintas berdasarkan analisis peran korban adalah dengan meningkatkan sistem kerja penanganan kecelakaan lalu lintas sehingga bisa bekerja dengan optimal. Pembinaan masyarakat di bidang lalu lintas. Mengadakan program kegiatan Penegakan Hukum bukan berorientasi mencari kesalahan dari pengguna jalan tetapi lebih berorientasi pada perlindungan, pengayoman  dan pelayanan pengguana jalan yang melanggar itu sendiri. Upaya-upaya tersebut bahwa pada dasarnya kecelakan terjadi karena kurangnya kesadaran  masyarakat untuk menjaga keselamatannya sendiri dalam berkendara.

Criminal law and procedure
arXiv Open Access 2022
Moore's Law is dead, long live Moore's Law!

Nick Zhang

Moore's Law has been used by semiconductor industry as predicative indicators of the industry and it has become a self-fulfilling prophecy. Now more people tend to agree that the original Moore's Law started to falter. This paper proposes a possible quantitative modification to Moore's Law. It can cover other derivative laws of Moore's Law as well. It intends to more accurately predict the roadmap of chip's performance and energy consumption.

en cs.GL
DOAJ Open Access 2021
Don Quixote de la Corte

Eyal Katvan, Boaz Shnoor

Serial litigants are a well-known phenomenon. This article deals with this phenomenon on two different levels using Israel as a test-case. First, we analyze the impact they have on the judicial system as a whole, and the institutional responses the judicial system uses in order to deal with serial litigants as well as the impact (both positive and negative) such serial litigants have on other litigants. Second, we analyze the personal motives of serial litigants and identify their common denominators, as well as what differentiates them. In this regard the article offers a unique approach by presenting the perspective of serial litigants and the human dimension behind their claims. We then show that serial litigants do not constitute a monolithic group, and suggest that courts have to take the differences between them into account. We further propose the formulation of systemic tools that take into account both the negative and the positive aspects of serial litigants in order to strike a proper balance between the optimal allocation of resources, and the right of access to justice.

Social legislation
DOAJ Open Access 2021
Sobre la Administración competente para sancionar a los funcionarios de Administración local con habilitación de carácter nacional interinos

Antonio Ezquerra Huerva

This paper analyses the legal legitimacy of articles 61 and 62 of the Royal Decree 128/2018, of March 16, regulating the legal regime of Local Administrations¿ civil servants with a national habilitation. Articles 61 and 62 attribute disciplinary power over the aforementioned officials to different Public Administrations depending on whether they are permanent or temporary civil servants. The analysis leads to the conclusion that such a distinction constitutes a discriminatory treatment towards temporary civil servants.

Law in general. Comparative and uniform law. Jurisprudence

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