Hasil untuk "Comparative law. International uniform law"

Ingeborg Schwenzer, Edgardo Muñoz

Global Commercial Contracts provides a comprehensive analysis of international commercial contracts, combining doctrinal clarity with practical insight. It examines the evolution and harmonization of international trade law, highlighting key instruments such as the CISG, the UNIDROIT Principles of International Commercial Contracts (PICC), and other important international instruments in the field. The book begins by exploring the growth of international trade and the rationale for uniform law, followed by a historical and institutional review of harmonization efforts. It addresses the scope and application of various instruments, emphasizing party autonomy, freedom of contract, and the interplay of hard and soft law. Subsequent chapters detail the formation, validity, interpretation, and supplementation of contracts, as well as the parties’ obligations—delivery, conformity of goods, payment, and risk of loss. A significant focus is placed on remedies for breach, including specific performance, avoidance, damages, price reduction, and interest, analysed in light of comparative and uniform approaches. The book further discusses the unwinding of contracts due to invalidity or breach and the preservation of goods during disputes. Finally, it examines limitation of actions, clarifying the interaction between domestic regimes, the CISG, the PICC, and the Limitation Convention. Throughout, Global Commercial Contracts integrates the latest case law on the topics it addresses and strikes a careful balance between theoretical foundations and practical considerations, making it an indispensable resource for academics, practitioners, and students engaged in international commercial transactions.

T. Alhasan, A. Burr

M. Kaya, Hamza Shahid

This article aims to explore the legal dilemmas arising from the intersection of cross-border data flows and digital sovereignty within the evolving landscape of transnational governance. Using a narrative review approach and a descriptive analysis method, this study synthesizes recent academic literature, international legal instruments, regional regulations, and national policies published between 2020 and 2024. The sources include peer-reviewed legal scholarship, policy documents from international organizations, and national legislative texts. The analysis focuses on the conceptual foundations of cross-border data movement and digital sovereignty, the legal frameworks governing data governance, and the challenges of harmonizing national interests with global connectivity. The study draws upon legal theory and comparative regulatory analysis to critically examine multilateral initiatives and national responses. The study finds that cross-border data flows are essential to digital trade, innovation, and global interconnectivity, yet they increasingly face legal constraints due to states’ pursuit of digital sovereignty. This pursuit manifests in data localization laws, extraterritorial enforcement of domestic regulations, and strategic decoupling efforts, particularly among major geopolitical actors. International and regional efforts at harmonization—such as those by the OECD and G20—offer frameworks for trust-based data governance but remain hindered by divergent regulatory philosophies. Fragmentation of legal norms has resulted in significant compliance challenges and enforcement dilemmas, while human rights protections in data governance vary widely across jurisdictions, affecting privacy and freedom of expression. Effective governance of cross-border data flows requires a balance between national sovereignty and transnational cooperation. Moving forward, interoperability and mutual legal recognition offer viable alternatives to legal uniformity or isolation.

Zuliarti Ode, Fitriah Faisal

Digital technology has complicated copyright protection, particularly in Indonesia, where weak laws, poor enforcement, and low awareness fuel piracy. Modernizing regulations, improving enforcement, and promoting education about intellectual property rights are essential to fostering innovation, safeguarding creators, and supporting the creative economy in the digital era. This studyevaluatesIndonesia's copyright framework in the digital era, focusing on its legal adaptability, enforcement effectiveness, public awareness, economic impacts, and potential insights from global best practices to enhance the creative economy and tackle digital piracy challenges. This study employs comparative hermeneutics, including legal analysis of Indonesia's copyright laws, international benchmarks,and case studies of successful anti-piracy effortstostudy enforcement mechanisms and economic impacts to offeractionable insights for effectively adapting Indonesia's copyright framework. The authors conclude that Indonesia must strengthen its legal framework; only by aligning with global standards like TRIPS can Indonesiasafeguard creators’ rights, enhance enforcement, and ensure competitiveness in the digital economy.

Alfonso Javier Arcentales Illescas

Este estudio analiza la jurisprudencia emitida por la Corte Constitucional del Ecuador entre los años 2019 y 2024 sobre el derecho a migrar, reconocido en el art. 40 de la Constitución ecuatoriana. A partir de este análisis se identifican los elementos que caracterizan el derecho a migrar y que lo distinguen de otros, como la consideración de los diferentes momentos del proceso migratorio y la valoración, en cada caso, de las decisiones que pueden impactar en la vida de una persona migrante y sus familiares. Este derecho se complementa con el contenido de la libertad de circulación y residencia y con la prohibición de criminalización de la migración, ambos reconocidos también constitucionalmente. El desarrollo jurisprudencial da cuenta de que el derecho a migrar es un derecho vivo que responde a los escenarios actuales de la intensa movilidad humana en Ecuador y en la región, y que tiene como fin primordial proteger la dignidad de las personas en esta condición.

yassin m. brunger, Sophie Rigney

The invitation to consider the “critical aftermath” of international criminal law (ICL) and “what happens next?” raises, for us, the suggestion of a new possibility emerging from the ruins—not only the ruins of atrocity, but also of law's response to atrocity. Yet ICL, we suggest, is lying in wait: it remains a powerful and violent actor, poised to activate and reinforce the prominence and monopoly of carceral justice, even out of the ruins. To counteract the dominance of carceral justice, we suggest learning from the tradition of abolition geography. By this we mean engaging in an act of “reconstruction place-making,”1 whereby we mix our labor with the world and (re)make the world by bending the “narrative arc” toward freedom.2 More specifically, we seek to embrace an abolitionist geography by offering a conception of countercultural visions of justice, drawing from a vignette of the worldwide movement of university encampments for Palestine. With this, we contribute to deepening reflections on a counterculture of international justice rooted in epistemologies of Black feminist and abolitionist praxis.3

Yuda Bi, Vince D Calhoun

Scaling laws, a defining feature of deep learning, reveal a striking power-law improvement in model performance with increasing dataset and model size. Yet, their mathematical origins, especially the scaling exponent, have remained elusive. In this work, we show that scaling laws can be formally explained as redundancy laws. Using kernel regression, we show that a polynomial tail in the data covariance spectrum yields an excess risk power law with exponent alpha = 2s / (2s + 1/beta), where beta controls the spectral tail and 1/beta measures redundancy. This reveals that the learning curve's slope is not universal but depends on data redundancy, with steeper spectra accelerating returns to scale. We establish the law's universality across boundedly invertible transformations, multi-modal mixtures, finite-width approximations, and Transformer architectures in both linearized (NTK) and feature-learning regimes. This work delivers the first rigorous mathematical explanation of scaling laws as finite-sample redundancy laws, unifying empirical observations with theoretical foundations.

Background: The military aggression of the russian federation1 against Ukraine has led to a rise in inheritance disputes involving de facto spouses of deceased servicemen. The increasing prevalence of such partnerships in Ukrainian society, coupled with the lack of proper legislative regulation, creates legal uncertainty, compelling individuals to seek judicial recognition of the status and right to inherit. Judicial practice shows inconsistency in resolving such cases due to the absence of uniform criteria for assessing evidence and procedural mechanisms. Within this context, addressing the issue of one-time financial assistance to de facto spouses of deceased servicemen becomes significant. Given Ukraine’s prolonged military involvement, comparative analysis with the legal frameworks of the United States and South Korea offers valuable insights to assessing Ukraine’s domestic model. Thus, the premises of this study are shaped by wartime realities, the legal imperfections of existing inheritance law, and the urgent need to adapt Ukrainian legislation to emerging challenges. Methods: The study employs various methods, including analysis and synthesis for studying legal norms, adjudications, and scientific works, as well as summarising the obtained results. Inductive and deductive reasoning support the development of general conclusions based on judicial practice. Abstraction is used to refine and generalise key concepts and legal categories related to inheritance law. The formal-legal method is applied to analyse norms of civil and family law of Ukraine, while the comparative-legal method facilitates the review of foreign experiences in common-law marriage inheritance issues (particularly focusing on the USA and South Korea. The historical-legal method provides insight into the evolution of Ukrainian inheritance legislation, and the teleological (purposive) method to analyse the objectives underlying legal norms and judicial precedents in this area. Results and conclusions: The research identified the main issues regarding inheritance disputes involving the de facto spouses of deceased servicemen. Judicial practice demonstrates a standardised approach to the assessment of evidence, contributing to the uniform application of the law. An analysis of current legislation and case law showed that the main challenge remains the fact of common-law cohabitation, which often requires substantial evidentiary support. International experience confirms that Ukraine’s model of financial assistance in the event of a servicemember’s death aligns with global standards. The findings lead to the conclusion that domestic legislation needs to be amended.

Vaidotas Kisielius, Bo Markussen, Hans Christian Bruun Hansen et al.

Abstract Bracken ferns (genus Pteridium) are among the most prevalent plants worldwide, with their distribution expanding due to their invasive nature. The environmental implications of their proliferation in areas affected by human activity, natural disasters, or land-use changes are concerning, primarily because of the carcinogenic illudane glycosides they produce. These compounds cause domestic and wildlife animal poisoning, as well as contamination of dairy products and drinking water. Several illudane glycosides are known, but usually only ptaquiloside (PTA) is monitored. This study investigates the spatial and temporal variations in illudane glycosides PTA, caudatoside (CAU) and ptesculentoside (PTE) across two phenotypes of Pteridium aquilinum (vars. aquilinum and latiusculum) over a broad geographic range spanning Denmark, Sweden, and Finland, encompassing 66 locations. We analysed different parts of the fern fronds (the tips and the lowest pinnae) using LC–MS and statistically explored the influence of phenotype, frond part, geographic location, sunlight exposure, and the surrounding ecosystem on glycoside content. Our findings reveal that PTA accounts for approximately two-thirds of the total illudane glycoside content, followed by CAU at nearly one-third, and a minor contribution from PTE. Glycoside levels were not influenced by phenotypic varieties or the studied environmental factors, but were significantly affected by geographic location. Specifically, CAU levels increased progressively towards the northeast, while PTA concentrations were highest in Denmark and markedly decreased in northeastern countries by over threefold, presumably due to climatic gradient. It has been further supported by temporal analysis in selected PTA-dominant regions indicating a reduction in PTA towards the end of the growing season, aligning its levels with those of CAU. Our study highlights that CAU concentrations in bracken ferns may equal or surpass PTA, contesting the prevailing view that PTA is the only notable illudane glycoside in Bracken. To provide unbiased assessment of the potential risks posed by P. aquilinum in the region, environmental and toxicological research should include measurements of not only PTA, but also CAU and, if possible, PTE.

Tomáš DOLEŽAL, Miloš SVRČEK

Safety in elementary schools is a key factor influencing the quality of the educational environment. This research focuses on analysing current security measures at primary schools with the participation of pupils from marginalised Roma communities in eastern Slovakia, identifying the main threats and proposing possible improvements. Using qualitative and quantitative methods, we explored perceptions of safety among students, teachers and parents, and assessed existing safety measures.

Luis Jiro Suzuri Hernández, Alexa Villavicencio Queijeiro, Valeria Alexandra Alonzo Matamoros

En virtud de la importancia que, para la comunidad forense, tiene la perspectiva de las ciencias forenses planteada en el artículo publicado por Roux y Col. 2022, la Editora de la RCFH, considero importante traducir al español este trabajo y ponerlo a disposición de nuestros lectores. Este artículo es la traducción al español del documento original en inglés, titulado: “The Sydney Declaration – Revisiting the essence of forensic science through its fundamental principles”, escrito por Claude Roux, Rebecca Bucht, Frank Crispino, Peter De Forest, Chris Lennard, Pierre Margot, Michelle D. Miranda, Niamh NicDaeid, Olivier Ribaux, Alastair Ross y Sheila Willis, y publicado en la revista Forensic Science International, volumen 332, año 2022, cuyo original está disponible en: https://doi.org/10.1016/j.forsciint.2022.111182 La traducción fue realizada en marzo del 2024 por Luis Jiro Suzuri Hernández y Alexa Villavicencio Queijeiro, de la Escuela Nacional de Ciencias Forenses de la Universidad Nacional Autónoma de México, y fue revisado, editado y corregido por la Licda. Valeria Alexandra Alonzo Matamoros egresada de la carrera de lenguas extranjeras, de la Universidad Nacional Autónoma de Honduras. Se agradece a Claude Roux, por brindarnos su autorización para publicar la traducción al español en nuestra revista.

T. Slinko

Comparative jurisprudence is not always and primarily in search of better options or always only a preliminary stage of reform, but is increasingly understood as an important method of better understanding one’s own law in the mirror of other legal systems in its strengths and weaknesses. In this regard, the comparison of constitutional jurisdictions around the world aims to make the normal building block of the architecture of existing constitutions understandable in its diversity and internal variations. Constitutional jurisdiction (as a function or as an independent institution) has become established. It is for this reason, however, that we cannot expect uniformity in the scope and weight of their competence, in the intensity of their control and in their role in relation to the higher state bodies in general. Today, more than ever, it is clear that the legal order is broadly covered by European Union law. This is not only due to the principles of direct effect and primacy of this law, which apply in the context of a static division of competences between the European Union and its Member States. How this actually works demonstrates that the evolution and protection of the effectiveness of the EU legal order is often not only a source of numerous obligations for national authorities of the Member States, but also a motivation for national authorities of the Member States to make various voluntary adjustments to national legislation, even in areas that, in principle, do not fall within the scope of application of EU law. The experience of participation in the process of European unification often leads to a revision of certain perceptions or certain fundamental elements of the respective national legal systems. Indeed, either by its direct effect and primacy, or by its so-called pull effect, European Union law, of which the Charter of Fundamental Rights is now the main norm, and through it the case law of the European Court of Human Rights, unduly determines the interpretation and application of the law also in respect of issues that are normally analysed on the basis of the specifics of the national legal order.

Wenlong Li, Jiahong Chen

This paper explores the evolution of China's Personal Information Protection Law (PIPL) and situates it within the context of global data protection development. It draws inspiration from the theory of 'Brussels Effect' and provides a critical account of its application in non-Western jurisdictions, taking China as a prime example. Our objective is not to provide a comparative commentary on China's legal development but to illuminate the intricate dynamics between the Chinese law and the EU's GDPR. We argue that the trajectory of China's Personal Information Protection Law calls into question the applicability of the Brussels Effect: while the GDPR's imprint on the PIPL is evident, a deeper analysis unveils China's nuanced, non-linear adoption that diverges from many assumptions of the Brussels Effect and similar theories. The evolution of the GDPR-inspired PIPL is not as a straightforward outcome of the Brussels Effect but as a nuanced, intricate interplay of external influence and domestic dynamics. We introduce a complementary theory of 'gravity assist', which portrays China's strategic instrumentalisation of the GDPR as a template to shape its unique data protection landscape. Our theoretical framework highlights how China navigates through a patchwork of internal considerations, international standards, and strategic choices, ultimately sculpting a data protection regime that has a similar appearance to the GDPR but aligns with its distinct political, cultural and legal landscape. With a detailed historical and policy analysis of the PIPL, coupled with reasonable speculations on its future avenues, our analysis presents a pragmatic, culturally congruent approach to legal development in China. It signals a trajectory that, while potentially converging at a principled level, is likely to diverge significantly in practice [...]

Gulaiym Nursaliyeva, Kulbagila Baikenzhina, D. Kalmaganbetova et al.

Objective: The study of evaluation categories by establishing the limits and degree of the evaluation category and their regulation in the legislation.   Theoretical framework: Theoretical materials were based on international scientific publications, reports, scientific papers. And also for a more complete and objective presentation of the problem under study, practical materials of criminal cases were used.   Method: constitutes a dialectical method of cognition of general patterns and particular manifestations of the essence of the phenomena of objective reality. The comparative legal method made it possible to qualitatively study foreign criminal legislation in terms of regulation of evaluative categories and formulate a conclusion in relation to domestic practice of regulation and application. The system-structural method of cognition was used in the study of methods for regulating evaluative categories in criminal law and methods for their interpretation, as well as specific sociological and statistical methods.   Results and conclusion: The methodology of regulation of evaluation categories in the criminal legislation of Kazakhstan is reduced to fixing the concepts of evaluation categories in the main ways. The first is a norm that explains the basic concepts used in the legislation. The second is the regulation of the concept of a specific evaluation category in the disposition of the Special Part of the Criminal Code of the Republic of Kazakhstan, when this evaluation category is applied once.   Originality/value: The phenomenon of evaluative categories in law is explained by the functions of law and the properties of evaluative categories used in law. At the same time, the main function of law is to consolidate a certain model of relations or behavior of individuals. And the more precisely this model is fixed in the rule of law, the more likely it is to be rigorously and uniformly interpreted and applied. Evaluation categories, on the other hand, imply an assessment in each specific case of the circumstances affecting the application of this norm, i.e. such rules may be applied in different ways. These diametrically opposed vectors form the value of the presented research.

Dona Regina Napitupulu

Transnational transactions conducted through E-Commerce platforms open the gates of growth in the legal and economic spheres. In this regard, legislators should be able to create a transnational body of law as uniform rules and contractual patterns for commercial transactions conducted through e-commerce. Complex international business transaction activities such as investment, licensing, franchising, and so on have not escaped the development of e-commerce and the convenience that comes with it. The research uses a normative juridical approach and a descriptive analytical research method to describe the facts related to the problem being studied. Data collection is done through a literature study, searching for relevant data from various sources of primary and secondary legal materials related to the existing problems. The data is then analyzed qualitatively. Legal certainty in this case is rooted in matters that have been agreed upon by the parties and are mandated to continue to refer to the principles of international business transaction law and relevant international trade conventions or agreements. With the existence of e-contracts, agreements for transnational transactions can have permanent legal force and dispute resolution through litigation and non-litigation channels such as arbitration can be carried out virtually.

Whitney T. Powers, Evan H. Anders, Benjamin P. Brown

In stars and planets natural processes heat convective flows in the bulk of a convective region rather than at hard boundaries. By characterizing how convective dynamics are determined by the strength of an internal heating source we can gain insight into the processes driving astrophysical convection. Internally heated convection has been studied extensively in incompressible fluids, but the effects of stratification and compressibility have not been examined in detail. In this work, we study fully compressible convection driven by a spatially uniform heating source in 2D and 3D Cartesian, hydrodynamic simulations. We use a fixed temperature upper boundary condition which results in a system that is internally heated in the bulk and cooled at the top. We find that the flow speed, as measured by the Mach number, and turbulence, as measured by the Reynolds number, can be independently controlled by separately varying the characteristic temperature gradient from internal heating and the diffusivities. 2D simulations at a fixed Mach number (flow speed) demonstrate consistent power at low wavenumber as diffusivities are decreased. We observe convection where the velocity distribution is skewed towards cold, fast downflows, and that the flow speed is related to the length scale and entropy gradient of the upper boundary where the downflows are driven. We additionally find a heat transport scaling law which is consistent with prior incompressible work.

A. Yeremyan, L. Yeremyan

INTRODUCTION. The world has many times faced cardinal changes triggered by technological development. Creation of the Internet and the emergence of the artificial intelligence have become the major trend of the ongoing changes with the signifi-cant potential to affect all spheres of live, including the military affairs and the geopolitical phenomena in general. In this paper, in particular, we discuss the opportunities and challenges of the rapid technological development in the defense sector in the context of globalization. The pace and the nature of changes in defense dictate the necessity to analyze the current and future challenges of our digitized age in search of adequate and timely legal and strategic practical solutions. Cyber means of warfare are the weapons of the present. Over the past decades, cyber means of warfare have been frequently used against states in the context of international and non-international armed conflicts, as well as outside of such context. Thus, the fundamental scientific questions that arise are the following: a) are the current legal regulations at international and national levels sufficient to address all the challenges caused by the spillover of armed conflicts into the virtual domain and by the future advancement of cyber weapons, and b) are the current cyber weapons or those of the future capable of changing the nature of “war” described by General Carl von Clausewitz yet in the 19th century as a violent method of forcing its political will by one party of the conflict to the other. We have analyzed the above-mentioned questions in the light of the cyber weapons, which already exist and are being used for military purposes, in the light of possible advancement of cyber weapons and integration of AI into them, as well as in the light of the Big Data management. We have reflected on the dangers, which the smart and entirely data driven world would face, from legal and geopolitical perspectives, through the several possible scenarios of development, emphasizing, in particular, the probable military (defense) aspect of data management. While most frequently the specific problems of application of International Law to the traditional cyber warfare situations become subject for academic debates and discussions, we stress the necessity to also analyze the legal and practical implications of further advancement of cyber weapons, as well as the necessity to consider the role of Big Data management in changing the nature of war and, consequently, also the applicable legal solutions.MATERIALS AND METHODS. The works of academics and international scholars in the field of international law and, specifically, international humanitarian law, and military theorists, as well as international treaties, commentaries to international treaties, and national cyber defense and cyber security strategies comprise the theoretical basis for the current paper. The research has been conducted via general and specific scientific methods of cognition, in particular the dialectical method, comparative legal method, method of interpretation, as well as methods of deduction, induction, analysis, synthesis, and others.RESEARCH RESULTS. The ongoing changes taking place in the world have resulted in a situation, when cyber domain is considered one of the traditional war domains. In this context the international community is now debating more flexible interpretations of international legal regulations in order to most efficiently address the new reality. It is also important that states at national level undertake measures to timely and adequately address the challenges already created and those that potentially may take place as a result of the globalization along with the rapid evolution of the cyber technologies and their military use. In the current article we conclude that the categories of the present generation of cyber weapons are lawful. However, the future developments in cyber weapon technologies, as well as the possible quasi-military implications of Big Data management raise many theoretical and practical questions deserving attention. The efforts of the international community and individual states in the field of legal regulation of cyber technologies should be directed toward creating guarantees that the products of the technological development are used for the benefit of humankind. As one of such measures The Authors indicate national cyber security and cyber defense strategies, which according to the Authors, should be elaborated giving due consideration to the possible future developments.DISCUSSION AND CONCLUSIONS. In this paper we analyze the peculiar features of evolution of the world in the 21st century and argue that wars are not static and autonomous phenomena isolated from the global context and all the changes taking place in the world. In particular, we address one of the most popular debates among the scholars in the field of military affairs concerning the issue whether the nature of war has changed or will change overtime, referring to Carl von Clausewitz’s thoughts. With regard to the current generation of cyber weapons, we conclude that even if they might prima facie seem to be inherently indiscriminate (such as, for example, nuclear weapons) in reality cyber weapons are not per se indiscriminate, but rather are weapons with a very high potential of being used indiscriminately or in violation of the principle of discrimination. However, the high potential of indiscriminate use of cyber weapons does not outlaw the cyber weapons as such. We also agree with the widely accepted opinion that the cyber weapons, which are currently used, are sufficiently regulated by the International Law. At the same time, the future tendencies for advancement and improvement of military cyber technologies, inter alia, via integration of artificial intelligence, may seriously call into question the possibility of their application in compliance with the international legal regulations. Finally, the possible scenarios of advancement of Big Data management have led us to the conclusion that big data management per se has the potential of being used as a weapon with less lethal or even non-lethal consequences, however equally effective in enforcing one’s policy as the traditional weapons or potentially kinetic cyber-weapons. If big data analysis at its current stage of development does not produce very accurate predictions, the well-distributed and structured informational flow in the cyber domain is capable of influencing and manipulating behaviours. In such case if Big data monopoly (including both: hardware and soſtware) vests in one of several actor, it could drastically change the nature of war by making the element of violence redundant and consequently alter the geopolitical balance. One of the measures for early response to future challenges, in our opinion, could be through reflecting on lex ferenda in cyber security and cyber defence national strategies. From the analysis of the content of different strategies we could conclude that most states acknowledge cyberspace as a military domain like land, air or maritime, analyse the main specific characteristics of current generation of cyber weapons, and set state objectives and action plan for cyber offense, cyber defense and cyber deterrence respectively. While the future advancement of cyber means of warfare and the quasi-military dimension of the big data management seem to be overlooked by states in general.

Yuni Fitriana, Ari Andriyani, Andina Vita Sutanto

Abstract: Every woman wants to have a baby safely. Delivery can be normal or Section Cesaria (SC). Midwives who experience complications are referred to by the midwife as PPK I to the PPK II BPJS Hospital. SC measures include BPJS Health capitation. The referral flow is regulated by the National Health system which is divided into first-level health services (PPK I). and advanced level (PPK II). The implementation of the referral still encountered problems in PPK II such as patient refusal. This research is a qualitative descriptive study with an empirical judicial approach, namely analyzing the process of patient referral for SC measures related to BPJS, collaboration between midwives and PPK II BPJS, obstacles and problem solving for patient referral for SC action. The results of the SC action research are based on medical indications, the referral process from PPK I to PPK II has no obstacles in accordance with the rules and uses the BPJS SISRUTE, Midwives do not get fees for referring BPJS patients in PPK II, obstacles in the form of requests for BPJS class advancement, financing claims BPJS is sometimes jammed, the patient refuses to be referred because the room is not available. Resolving these obstacles requires the socialization of BPJS regulations, regular financial management, and the maximum use of SISRUTE. Therefore the need for the Government to always improve the quality of BPJS services with clear regulations. Abstrak: Setiap perempuan ingin melahirkan bayi dengan aman. Persalinan dapat secara normal atau Section Cesaria (SC). Persalinan yang mengalami penyulit dirujuk Bidan sebagai PPK I ke Rumah sakit PPK II BPJS. Tindakan SC termasuk kapitasi BPJS Kesehatan. Alur rujukan diatur oleh sistem Kesehatan Nasional yang terbagi menjadi pelayanan Kesehatan tingkat pertama (PPK I). dan tingkat lanjutan (PPK II). Pelaksanaan rujukan tersebut masih menemui masalah di PPK II seperti adanya penolakan pasien. Penelitian ini merupakan penelitian deskriptif kualitatif dengan pendekatan yudiris empiris yakni menganalisis proses rujukan pasien tindakan SC terkait BPJS, Kerjasama bidan dengan PPK II BPJS, Hambatan dan penyelesaian masalah rujukan pasien tindakan SC. Hasil penelitian Tindakan SC didasarkan pada indikasi medis, proses rujukan dari PPK I ke PPK II tidak ada kendala sudah sesuai dengan aturan dan menggunakan SISRUTE BPJS, Bidan tidak mendapatkan pembayaran tambahan (fee) dalam merujuk pasien BPJS di PPK II, hambatan berupa permintaan naik kelas BPJS, klaim pembiayaan BPJS yang kadang macet, adanya penolakan pasien dirujuk dengan alasan ruangan tidak tersedia. Penyelesaian hambatan tersebut perlunya sosialisasi aturan BPJS, manajemen keuangan yang teratur, penggunaan SISRUTE secara maksimal. Oleh karena itu perlunya Pemerintah selalu melakukan peningkatan kualitas pelayanan BPJS dengan regulasi yang jelas.

Alessandro D. A. M. Spallicci, Giuseppe Sarracino, Orélien Randriamboarison et al.

We investigate possible evidence from Extended Theories of Electro-Magnetism by looking for deviations from the Ampère-Maxwell law. The photon, main messenger for interpreting the universe, is the only free massless particle in the Standard-Model (SM). Indeed, the deviations may be due to a photon mass for the de Broglie-Proca (dBP) theory or the Lorentz Symmetry Violation (LSV) in the SM Extension (SME), but also to non-linearities from theories as of Born-Infeld, Heisenberg-Euler. With this aim, we have analysed six years of data of the Magnetospheric Multi-Scale mission, which is a four-satellite constellation, crossing mostly turbulent regions of magnetic reconnection and collecting about $95\%$ of the downloaded data, outside the solar wind. We examined 3.8 million data points from the solar wind, magnetosheath, and magnetosphere regions. In a minority of cases, for the highest time resolution burst data and optimal tetrahedron configurations drawn by the four spacecraft, deviations have been found ($2.2\%$ in modulus and $4.8\%$ in Cartesian components for all regions, but raising up in the solar wind alone to $20.8\%$ in modulus and $29.7\%$ in Cartesian components and up to 45.2\% in the extreme low-mass range). The deviations might be due to unaccounted experimental errors or, less likely, to non-Maxwellian contributions, for which we have inferred the related parameters for the dBP and SME cases. Possibly, we are at the boundaries of measurability for non-dedicated missions. We discuss our experimental results (upper limit of photon mass of $2.1 \times 10^{-51}$ kg, and of the LSV parameter $|\vec{k}^{\rm AF}|$ of $6 \times 10^{-9}$ m$^{-1}$), as the deviations in the solar wind, versus more stringent but model-dependent limits.

I. I. Sinyakin, A. Yu

The subject. The article analyses the practice of the Special Tribunal for Lebanon and its Judgement of 18 August 2020, rendered against those found guilty of a terrorist act and the impact on the progressive development of international criminal law.The purpose. This article seeks to define what goal the international community pursued in establishing the Special Tribunal for Lebanon from the perspective of international security law, international criminal justice, and counter-terrorism cooperation. The legal nature of the terrorist attack of 14 October 2005 is essential in this regard: is the crime is comparable in its gravity and consequences to the crimes of genocide or war crimes in the territory of the former Yugoslavia or Rwanda, which predetermined the subsequent establishment of ad hoc international criminal tribunals? Further, was the establishment of the Special Tribunal for Lebanon an attempt to make the crimes of terrorism an international crime in practice? Finally, was the establishment of the Tribunal an attempt to lay the groundwork for a new type of international judicial bodies with jurisdiction over crimes of terrorism? The methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods.The main results. The legal qualification and analysis of the circumstances of the terrorist attack do not enable the conclusion that the bomb explosion in Beirut was comparable in danger and consequences to any international crimes or was a threat to international peace and security. In its turn, the involvement of the Security Council in the establishment of the Tribunal does not unequivocally evidence its alleged attempt to create a purely international criminal structure.The choice of applicable law granted to Lebanon and the fact that the crime committed solely affected the interests of that State would qualify the Tribunal as an internationalized judicial body, whose work would focus on defining the crime of terrorism through a broader lens of interpreting national legislation. In other words, the impetus for development has been given not to international but national criminal law.The Tribunal was created neither to progressively develop international criminal law with regard to defining terrorism as an international crime nor to advance the international criminal justice system. Rather, it was an attempt to address Lebanon’s specific political and legal challenges.Conclusions. The outcome of the Tribunal’s work could have a rather negative impact on the development of international criminal law, discrediting the very idea of enabling “peace through justice” and uniform, consistent application and interpretation of international criminal law.