Hasil untuk "Commercial law"

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arXiv Open Access 2026
AI for Sustainable Data Protection and Fair Algorithmic Management in Environmental Regulation

Sahibpreet Singh, Saksham Sharma

Integration of AI into environmental regulation represents a significant advancement in data management. It offers promising results in both data protection plus algorithmic fairness. This research addresses the critical need for sustainable data protection in the era of ever evolving cyber threats. Traditional encryption methods face limitations in handling the dynamic nature of environmental data. This necessitates the exploration of advanced cryptographic techniques. The objective of this study is to evaluate how AI can enhance these techniques to ensure robust data protection while facilitating fair algorithmic management. The methodology involves a comprehensive review of current advancements in AI-enhanced homomorphic encryption (HE) and multi-party computation (MPC). It is coupled with an analysis of how these techniques can be applied to environmental data regulation. Key findings indicate that AI-driven dynamic key management, adaptive encryption schemes, and optimized computational efficiency in HE, alongside AI-enhanced protocol optimization and fault mitigation in MPC, significantly improve the security of environmental data processing. These findings highlight a crucial research gap in the intersection of AI, cyber laws, and environmental regulation, particularly in terms of addressing algorithmic bias, transparency, and accountability. The implications of this research underscore the need for stricter cyber laws. Also, the development of comprehensive regulations to safeguard sensitive environmental data. Future efforts should focus on refining AI systems to balance security with privacy and ensuring that regulatory frameworks can adapt to technological advancements. This study provides a foundation for future research aimed at achieving secure sustainable environmental data management through AI innovations.

en cs.CY, cs.AI
DOAJ Open Access 2025
Reconstructing Prosecutorial Epistemology for Substantive Justice in Contract Law: A Comparative Philosophical and International Legal Analysis of Indonesia and Kazakhstan

Yuvita Tri Mardiana, Fendi Setyawan, Muhammad Arief Amrullah et al.

Introduction: Contemporary contract law in Indonesia and Kazakhstan faces persistent tension between private autonomy and substantive justice. Both jurisdictions enshrine the principle of good faith, yet lack clear doctrinal guidance for its application, resulting in inconsistencies in interpretation and enforcement within their respective civil law systems. Purposes of the Research: This study aims to examine how prosecutors within these jurisdictions construct legal knowledge and exercise discretion when intervening in contract-related disputes, and to evaluate whether such prosecutorial practices advance or hinder the realization of substantive justice in contractual enforcement. Methods of the Research: This research employs a normative–juridical method complemented by comparative and philosophical approaches. It analyses statutory provisions, judicial reasoning, and international soft-law instruments—particularly the UNIDROIT Principles of International Commercial Contracts—to explore how discretion and evidentiary reasoning shape enforcement. Results Main Findings of the Research: The findings reveal that Indonesian prosecutors, inheriting a Roman-Dutch legacy, invoke good faith inconsistently due to evidentiary ambiguity and weak pre-contractual standards, while Kazakh prosecutors emphasize formal legality that sidelines moral reasoning. This research contributes to comparative legal philosophy by proposing three reconstructive pillars for prosecutorial reasoning—doctrinal clarity, evidentiary proportionality, and principled discretion—to align substantive justice with fairness-oriented norms.

DOAJ Open Access 2025
CIVIL LAW PROTECTION AGAINST DISCRIMINATION IN EMPLOYMENT AND RECRUITMENT

Dalibor Krstinić, Nenad Stefanovic

Discrimination in the field of employment and recruitment constitutes a violation of personality rights guaranteed by civil law. In the Republic of Serbia, direct and indirect discrimination in employment relationships and during the recruitment process is prohibited, and injured parties have access to judicial protection under special anti-discrimination regulations as well as under the general rules of civil law. This paper analyzes the normative framework for the prohibition of discrimination in the field of labour, as well as civil-law protection mechanisms, with particular emphasis on the right of the injured party to claim compensation for non-pecuniary damage resulting from the violation of their rights. In light of Article 21, paragraph 4 of the Constitution of the Republic of Serbia: “Special measures introduced by the Republic of Serbia for the purpose of achieving full equality shall not be considered discrimination…” – socalled affirmative measures – the paper also presents the forms of judicial protection (actions for prohibition, removal of consequences, determination of discrimination, compensation for damages, etc.) and the conditions under which the injured party may seek equitable satisfaction. The paper relies on relevant judicial practice in Serbia, including decisions of the Supreme Court of Cassation, which confirm that discriminatory conduct constitutes a violation of honour, reputation, dignity, and other personal rights that enjoy judicial protection, both through claims for cessation of the violation and claims for damages. Despite progress in normative and institutional protection, practical challenges remain – from proving discrimination under special rules on the burden of proof, to inconsistencies in judicial practice regarding the awarding of non-pecuniary damages. Therefore, it is important to continuously improve the application of the law and awareness of the right to equal treatment in employment relationships, in order to ensure that civil-law protection against discrimination is effective and comprehensive.

Criminal law and procedure, Civil law
arXiv Open Access 2025
On steady and expanding Ricci solitons with asymptotic symmetries

Michael B. Law

We establish a symmetry principle for asymptotically cylindrical steady gradient Ricci solitons (GRSs) and asymptotically conical expanding GRSs with homogeneous links. Using this, we show that the Bryant steady soliton is the unique asymptotically cylindrical steady GRS that has a round spherical link and satisfies a particular quantitative rigidity condition. A similar characterization is proved for Bryant's expanding solitons. Finally, we establish a global symmetry result for GRSs which exhibit the aforementioned asymptotics with quotient-Berger sphere asymptotic links.

en math.DG
DOAJ Open Access 2024
Prevalence and Diversity of Aphid-Vectored Yellow Dwarf Viruses in Oregon Perennial Grass Seed Crops

Hannah M. Rivedal, Seth J. Dorman, Todd N. Temple et al.

Oregon produces 70% of the world's cool-season grass seed, many species of which are susceptible to yellow dwarf viruses (YDVs). This virus complex has numerous defined virus species vectored by multiple aphid species. The diversity of YDVs associated with Oregon grass seed production has not been determined and is needed to provide insight to develop a risk prediction framework and improve management guidelines to mitigate disease severity. Commercial grass seed fields (n = 57) across the Willamette Valley and central and eastern Oregon were surveyed across 2021 and 2022 to determine the incidence and diversity of YDVs associated with crop species (perennial ryegrass, tall fescue, and Kentucky bluegrass) and the abundance and incidence of YDVs associated with aphid vectors. Virus incidence and diversity were determined using multiple previously published endpoint reverse-transcriptase multiplexes specific for YDV genera and species. Across commercial grass seed crop hosts and growing seasons, 82% of fields had at least one plant sample detection of a luteovirus-type YDV, and 65% had at least one detection of a polerovirus-type YDV. Both perennial ryegrass and tall fescue crops hosted diverse YDV populations, which was especially apparent during the spring sampling season, when similarly diverse YDV communities were found associated with alate aphids. Only polerovirus-type YDVs were detected in Kentucky bluegrass, reflecting a variable landscape compared to Oregon's western Willamette Valley. This study provides a current understanding of the spatial composition and diversity of the aphid–YDV virus–vector system in grasses grown for seed in Oregon. [Figure: see text] The author(s) have dedicated the work to the public domain under the Creative Commons CC0 “No Rights Reserved” license by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law, 2024.

Plant culture, Botany
DOAJ Open Access 2023
Big techs, data protection, and competition regulation in a data-driven economy:

Amanda Cavallaro

Context: The rapid growth of the Information Economy and the consolidation of the Big Tech Monopoly in Digital Markets have made privacy and data protection a central concern for consumers and regulatory authorities worldwide. The increasing relevance of personal data as both a market asset and a fundamental right has highlighted the need for new regulatory approaches to address these issues. Objective: This article aims to explore how competition regulation can be used as a mechanism to protect privacy and data protection in the digital markets. Method: The research employs a qualitative approach through a critical analysis of relevant literature, including legal documents and reports from regulatory authorities. The analysis is conducted through a perspective that integrates competition regulation and privacy and data protection matters. In addition, its theoretical references are Shoshana Zuboff and Evgeny Morozov, besides other instruments of national and international regulatory law. Conclusions: The study concludes that competition regulation can play a vital role in protecting privacy and data protection in the digital markets. By promoting competition and preventing anti-competitive behavior by dominant players, competition law can help to create an environment where privacy and data protection are prioritized by companies. Additionally, competition policy can complement data protection regulation by providing an additional layer of protection for consumers.

International relations, Commercial law
DOAJ Open Access 2023
legal - jurisprudence Thematic analysis of guarantees in commercial documents (subsidiary or independent?) and its effects on the holder's rights; Based on the theory of detail

seyyed Mohammad Sadegh Tabatabaei, Mohammad Amini, mahmoud rastegari

If the guarantee contract is separated in a general division into the guarantee of transfer of Dhimmah and the guarantee as a tool to give credit to the obligee, the guarantee which is customary in commercial documents is the second part of the above division. The holder of the commercial document wants to introduce a guarantor while remaining the obligation and responsibility of the person who is the guarantor, in order to increase the strength and validity of the document and to raise his collective conscience in paying the amount of the commercial document. Therefore, the main question of the current research is that in the guarantee of commercial documents, is it engaged in the Dhimmah or responsibility? What effects will this detail have on the extent of the owner's rights? After researching and studying the works of jurists and jurists, and using a descriptive-analytical method, the authors came to the conclusion that in the guarantee of commercial documents, unlike the civil guarantee, the obligation to pay the amount of the document is placed on the guarantor, and such a view is also based on It increases the credibility of the commercial document and affects the rights of the holder.According to the nature of the issue of guarantee in commercial documents, i.e. the substitution of responsibility for the Dhimmah, after the occurrence of the guarantee, the guarantor is independently responsible for paying the amount to the holder of the commercial document without his obligation being subordinate to the Dhimmah of the main debtor.After the conclusion of the guarantee in the commercial document, if it is determined that the obligation of the main debtor was invalid during the issuance or transfer of the commercial document due to reasons such as forgery of the signature or lack of capacity, and for this reason, the debtor on the date of the document, because of the forgery his signature or lack of legal capacity, raises objections and refuses to pay, it must be said that regarding fake signature and lack of legal capacity, there is no discussion about the obligations of the holder; Rather, the discussion is about the commitment itself, because the commitment is the guarantor of an independent commitment. The subordination of guarantor's guarantee in commercial documents is not related to the principle of the obligation itself and it is related to the duties and legal conditions of the demand, which if the holder of the commercial document does not comply with the formalities of the demand for the document's payment within the specified period, he cannot, in terms of the commercial document, refer to the guarantor, but the fault of the holder has nothing to do with the independence of the guarantor's obligation in front of the principal debtor. In fact, in this research, guarantee is in a sense other than the concept of transfer and attachment. Because in the two concepts of transferring or attachment, the subject of the guarantee is the Dhimmah and a function of the debtor's Dhimmah, but in the guarantee of commercial documents, what is important is the independence of the guarantor's responsibility in dealing with the holder of the commercial document.The limits of the guarantor's responsibility (which include: the guarantor's relationship with the debtor; the relationship of multiple guarantors with the debtor; the relationship between multiple guarantors; Condition of mortgaged property; Collapse of debt obligation; Invalidation of debtor's obligation; Death of guarantor in relation to holder), the scope of the obligations of the officials of the commercial document towards the guarantor, the scope of the law (Statute) governing commercial documents, and the scope of defenses that cannot be cited against the guarantor (which in part consists of (1) irrefutable objections related to the will, which include the objection of forging the debtor's signature; Debtor's lack of legal capacity; forgery in the document after the signature of the debtor and guarantor; The problem of signing the document by the debtor's representative lacks authority, and in another part, it consists of (2) objections that cannot be relied on other than the will, that is, the guarantor's substitution of the debtor, as well as compliance with the deadlines for protesting and filing a lawsuit) will be the influencing factors in this connection

Law, Private international law. Conflict of laws
arXiv Open Access 2023
The Hermite-Taylor Correction Function Method for Embedded Boundary and Maxwell's Interface Problems

Yann-Meing Law, Daniel Appelö, Thomas Hagstrom

We propose a novel Hermite-Taylor correction function method to handle embedded boundary and interface conditions for Maxwell's equations. The Hermite-Taylor method evolves the electromagnetic fields and their derivatives through order $m$ in each Cartesian coordinate. This makes the development of a systematic approach to enforce boundary and interface conditions difficult. Here we use the correction function method to update the numerical solution where the Hermite-Taylor method cannot be applied directly. Time derivatives of boundary and interface conditions, converted into spatial derivatives, are enforced to obtain a stable method and relax the time-step size restriction of the Hermite-Taylor correction function method. The proposed high-order method offers a flexible systematic approach to handle embedded boundary and interface problems, including problems with discontinuous solutions at the interface. This method is also easily adaptable to other first order hyperbolic systems.

en math.NA
arXiv Open Access 2022
Epitaxial growth of atomically thin Ga2Se2 films on c-plane sapphire substrates

Mingyu Yu, Lottie Murray, Matthew Doty et al.

Broadening the variety of two-dimensional (2D) materials and improving the synthesis of ultrathin films are crucial to the development of the semiconductor industry. As a state-of-the-art 2D material, Ga2Se2 has attractive optoelectronic properties when it reaches the atomically-thin regime. However, its van der Waals epitaxial growth, especially for the atomically-thin films, has seldom been studied. In this paper, we used molecular beam epitaxy to synthesize Ga2Se2 single-crystal films with a surface roughness down to 1.82 nm on c-plane sapphire substrates by optimizing substrate temperature, Se:Ga flux ratio, and growth rate. Then we used a 3-step mode to grow Ga2Se2 films with a thickness as low as 3 tetralayers and a surface roughness as low as 0.61 nm, far exceeding the performance of direct growth. Finally, we found that the surface morphology strongly depends on the Se:Ga flux ratio, and higher growth rates widened the suitable flux ratio window for growing Ga2Se2. Overall, this work advances the understanding of the vdW epitaxy growth mechanism for post-transition metal monochalcogenides on sapphire substrates.

en cond-mat.mtrl-sci
DOAJ Open Access 2021
THE IMPORTANCE OF THOUGHT EXPERIMENTS

Dragana Ćorić

Living in the world of legal norms seems to be easy: you have rules of conduct guiding you how to behave in a lot of life situations including the fact what will happen to you if you do not obey these rules. In a way, legal norms are predicting the future giving us the guidelines for living. Although the legal system together with its rules tend to cover all areas of social life, there are situations that couldn’t be foreseen at the time of making a particular regulation. These gaps could be spanned by adopting subsequent rules of conduct. In order to predict an event that may occur, and to predict human behavior in these situations as well as a human response to punishment when someone violates a rule, it is good to conduct- a thought experiment. The basis of a thought experiment can be a completely fictitious and even currently impossible event, or a variation of some of the known and possible events. The key question when formulating a thought experiment is “what if”. The answers to this question may start with “then it is possible”, “then it will be”, “it could be” or something similar. The answers will differ in terms of content only on the basis of the values, beliefs and attitudes of the one who answers the “what if” question. In our paper, we will briefly present the concept of a thought experiment, its internal structure, types and, by giving some examples, encourage readers to be more informed about this topic.

Criminal law and procedure, Civil law
arXiv Open Access 2021
Accelerating the estimation of energetic particle confinement statistics in stellarators using multifidelity Monte Carlo

Frederick Law, Antoine Cerfon, Benjamin Peherstorfer

In the design of stellarators, energetic particle confinement is a critical point of concern which remains challenging to study from a numerical point of view. Standard Monte Carlo analyses are highly expensive because a large number of particle trajectories need to be integrated over long time scales, and small time steps must be taken to accurately capture the features of the wide variety of trajectories. Even when they are based on guiding center trajectories, as opposed to full-orbit trajectories, these standard Monte Carlo studies are too expensive to be included in most stellarator optimization codes. We present the first multifidelity Monte Carlo scheme for accelerating the estimation of energetic particle confinement in stellarators. Our approach relies on a two-level hierarchy, in which a guiding center model serves as the high-fidelity model, and a data-driven linear interpolant is leveraged as the low-fidelity surrogate model. We apply multifidelity Monte Carlo to the study of energetic particle confinement in a 4-period quasi-helically symmetric stellarator, assessing various metrics of confinement. Stemming from the very high computational efficiency of our surrogate model as well as its sufficient correlation to the high-fidelity model, we obtain speedups of up to 10 with multifidelity Monte Carlo compared to standard Monte Carlo.

en physics.plasm-ph, math.NA
arXiv Open Access 2021
Strong coupling in semiconductor hyperbolic metamaterials

Patrick Sohr, Dongxia Wei, Zhengtianye Wang et al.

Semiconductor-based layered hyperbolic metamaterials (HMMs) house high-wavevector volume plasmon polariton (VPP) modes in the infrared spectral range. VPP modes have successfully been exploited in the weak-coupling regime through the enhanced Purcell effect. In this paper, we experimentally demonstrate strong coupling between the VPP modes in a semiconductor HMM and the intersubband transition of epitaxially-embedded quantum wells. We observe clear anticrossings in the dispersion curves for the zeroth-, first-, second-, and third-order VPP modes, resulting in upper and lower polariton branches for each mode. This demonstration sets the stage for the creation of novel infrared optoelectronic structures combining HMMs with embedded epitaxial emitter or detector structures.

en physics.optics
arXiv Open Access 2021
Impacts of Time-of-Use Rate Changes on the Electricity Bills of Commercial Consumers

Lane D. Smith, Daniel S. Kirschen

Changes in the profile of prices in wholesale electricity markets prompt utilities to redesign their tariffs and adjust their time-of-use periods to ensure a more adequate cost recovery. However, changing the rate structures could adversely affect commercial consumers by increasing their electricity bills and hindering their ability to reduce costs using techniques like net energy metering. As time-of-use periods are adjusted, consumers will need to rely on the flexibility of distributed energy resources to achieve cost reductions. This paper explores the effect that Pacific Gas and Electric Company's redesigned rates have on the electricity bills of consumers with different demand profiles. Sensitivity analyses are conducted to examine the effect of asset sizing on reducing costs under each tariff.

arXiv Open Access 2021
High-order FDTD schemes for Maxwell's interface problems with discontinuous coefficients and complex interfaces based on the Correction Function Method

Yann-Meing Law, Jean-Christophe Nave

We propose high-order FDTD schemes based on the Correction Function Method (CFM) for Maxwell's interface problems with discontinuous coefficients and complex interfaces. The key idea of the CFM is to model the correction function near an interface to retain the order of a finite difference approximation. For this, we solve a system of PDEs based on the original problem by minimizing an energy functional. The CFM is applied to the standard Yee scheme and a fourth-order FDTD scheme. The proposed CFM-FDTD schemes are verified in 2-D using the transverse magnetic mode (TM$_z$). Numerical examples include scattering of magnetic and non-magnetic dielectric cylinders, and problems with manufactured solutions using various complex interfaces and discontinuous piecewise varying coefficients. Long-time simulations are also performed to provide numerical evidences of the stability of the proposed numerical approach. The proposed CFM-FDTD schemes achieve up to fourth-order convergence in $L^2$-norm and provide approximations devoid of spurious oscillations.

en math.NA, cs.CE
DOAJ Open Access 2020
Penerapan Prinsip Hukum Perjanjian dalam Kontrak Kerjasama Pengelolaan Barang Milik Daerah

Pangestika Rizki Utami

The purpose of this study is to analyze the legal construction of the Regional Property Management Agreement. Regional property in the form of land and/or buildings and other than land and/or buildings that have been handed over by the user to the manager can be utilized optimally in order not to burden the Regional Budget and Revenues particularly maintenance costs. This article are reviewing several types of agreements by analyzing the application of the legal agreement principles in the cooperation contract  in the management of property in Regional Government of Banyumas Regency. The principles of treaty law which is a concept of civil law applied in the concept of state administration law are interesting because the agreement is in the regulation of private law and public law. Government Contract is a routine legal act of government, to ensure legal certainty for the parties involved required legislation that specifically regulates commercial contracts by the government regarding procedures and authority limits.

DOAJ Open Access 2020
Linguistic Challenges to International Commercial Arbitration in Poland

Cudowska Maria

In the realm of Polish law, arbitration is anything but a new concept. In an ever-developing economy, arbitration has become a useful tool in resolving disputes that are commercial in nature. The issue pertinent to the choice of language in an arbitral proceeding has been thoroughly investigated in the doctrine of international arbitration, yet the conclusions are not set in stone and are likely to change and evolve over time. As evidenced by the technological revolution, introduction of mechanical translations, and artificial intelligence (“AI”) it may seem that the challenges will be difficult to predict. Alternatively, the status quo of the English language as the number one language in the arbitral proceedings will remain. The parties can easily dismiss the linguistic and interpretative problems surrounding arbitration agreements. Thus, this article endeavors to consider the possible implications of a case scenario, wherein a party would attempt to arbitrate an international dispute with a Polish party on the basis of a contract that would be in a language that differs from Polish. Additionally, attention is drawn to the role of witnesses in an arbitration proceeding as such witnesses may speak languages that are the same, similar, or entirely different to the language spoken by the parties involved in the arbitration, as well as differ from the primary language of the arbiters. This article examines the aforementioned hypothetical case-scenario with the emphasis on relevant Polish acts of law. The research presented in this article is also focused on the examination of regulations vested in the statute of the most prominent Arbitration Court in Poland, and its provisions pertinent to language.

History of scholarship and learning. The humanities
arXiv Open Access 2020
Super-Resolving Commercial Satellite Imagery Using Realistic Training Data

Xiang Zhu, Hossein Talebi, Xinwei Shi et al.

In machine learning based single image super-resolution, the degradation model is embedded in training data generation. However, most existing satellite image super-resolution methods use a simple down-sampling model with a fixed kernel to create training images. These methods work fine on synthetic data, but do not perform well on real satellite images. We propose a realistic training data generation model for commercial satellite imagery products, which includes not only the imaging process on satellites but also the post-process on the ground. We also propose a convolutional neural network optimized for satellite images. Experiments show that the proposed training data generation model is able to improve super-resolution performance on real satellite images.

en cs.CV, eess.IV

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