Scalar conservation laws in one space variable allow a Lagrangian (particle path) formulation. The Lagrangian trajectory in the infinite-dimensional group of diffeomorphisms on the physical space can be written as a system of conservation laws. The relation between solutions of the Cauchy problem for the conservation law and solutions of the corresponding Cauchy problem on the diffeomorphism group extends to weak solutions of the coresponding problems. The correspondence between particle paths and transport equations is analogous to that between a Lie group and the corresponding Lie algebra. This paper establishes that for scalar conservation laws the particle paths are extremals of an action functional on the space of diffeomorphisms; that is, they are geodesics in some metric. In some examples of systems of conservation laws, including the physical example of isentropic gas dynamics in one space dimension, diffeomorphism representations also exist and may be interpreted as extremals of action functionals.
Alexandra Volkova, Mher Safaryan, Christoph H. Lampert
et al.
The quality of Large Language Model (LLM) pretraining depends on multiple factors, including the compute budget and the choice of optimization algorithm. Empirical scaling laws are widely used to predict loss as model size and training data grow, however, almost all existing studies fix the optimizer (typically AdamW). At the same time, a new generation of optimizers (e.g., Muon, Shampoo, SOAP) promises faster and more stable convergence, but their relationship with model and data scaling is not yet well understood. In this work, we study scaling laws across different optimizers. Empirically, we show that 1) separate Chinchilla-style scaling laws for each optimizer are ill-conditioned and have highly correlated parameters. Instead, 2) we propose a more robust law with shared power-law exponents and optimizer-specific rescaling factors, which enable direct comparison between optimizers. Finally, 3) we provide a theoretical analysis of gradient-based methods for the proxy task of a convex quadratic objective, demonstrating that Chinchilla-style scaling laws emerge naturally as a result of loss decomposition into irreducible, approximation, and optimization errors.
Con la reforma del Código civil español de 2021 en materia de apoyo de personas con discapacidad, el legislador pretendió cambiar el paradigma en el trato jurídico de estas personas, y con especial énfasis en lo que se refiere a su capacidad para actuar en el tráfico jurídico. Naturalmente, ello incide en la regulación de la capacidad contractual de las personas con discapacidad, que, según pretensión del legislador de 2021 expresada en el preámbulo de la Ley 8/2021, se quiere que sea igual a la de las personas sin discapacidad. Lo que se pretende ver en este trabajo es si, con la regulación actual tras 2021 y en la propuesta de modernización del Código civil en materia de obligaciones y contratos de 2023, ese desiderátum del legislador se ha cumplido o, en realidad, las personas con discapacidad afectante a su aptitud volitiva y cognitiva siguen teniendo limitaciones en su capacidad para contratar.
Recent works have highlighted optimization difficulties faced by gradient descent in training the first and last layers of transformer-based language models, which are overcome by optimizers such as Adam. These works suggest that the difficulty is linked to the heavy-tailed distribution of words in text data, where the frequency of the $k$th most frequent word $π_k$ is proportional to $1/k$, following Zipf's law. To better understand the impact of the data distribution on training performance, we study a linear bigram model for next-token prediction when the tokens follow a power law $π_k \propto 1/k^α$ parameterized by the exponent $α> 0$. We derive optimization scaling laws for deterministic gradient descent and sign descent as a proxy for Adam as a function of the exponent $α$. Existing theoretical investigations in scaling laws assume that the eigenvalues of the data decay as a power law with exponent $α> 1$. This assumption effectively makes the problem ``finite dimensional'' as most of the loss comes from a few of the largest eigencomponents. In comparison, we show that the problem is more difficult when the data have heavier tails. The case $α= 1$ as found in text data is ``worst-case'' for gradient descent, in that the number of iterations required to reach a small relative error scales almost linearly with dimension. While the performance of sign descent also depends on the dimension, for Zipf-distributed data the number of iterations scales only with the square-root of the dimension, leading to a large improvement for large vocabularies.
Zero-one laws state that probabilistic events of a certain type must occur with probability either $0$ or $1$, and nothing in between. We formulate a syntactic zero-one law, which enjoys good logical properties while being broadly applicable in probability theory. Then, inspired by Gödel's Dialectica interpretation, we finitise it: The result is an approximate zero-one law which states that events with a particular finite structure occur with probability close to $0$ or $1$ up to an arbitrary degree of precision. This approximate zero-one law is equivalent - over classical logic - to the original zero-one law, but in contrast to the latter, is formulated entirely in terms of finite unions and intersections of events. Furthermore, in line with recent logical metatheorems for probability, it admits a computational interpretation, which in turn facilitates a quantitative analysis of theorems whose proof makes use of zero-one laws. Concrete applications in this spirit, over a variety of different settings, are discussed.
We study reciprocity laws involving complex line bundles on fibrations in oriented circles. In particularly, we prove the following reciprocity law. Let $B$ be a complex manifold and $π_i : M_i \to B$ be a fibration in oriented circles, where $i$ runs through a finite set. Let $L_i$ and $N_i$ be complex line bundles on every $M_i$. The reciprocity law states that the sum of all $(π_i)_* \left(c_1(L_i) \cup c_1(N_i) \right)$, where $(π_i)_*$ is the Gysin map and $c_1$ is the first Chern class, equals zero in $H^3(B, {\mathbb Z})$ when the disjoint union of all $M_i$ is embedded into a holomorphic family of compact Riemann surfaces over the base $B$ such that in every fiber of this family the disjoint union of the embedded circles is the boundary of an embedded compact Riemann surface with boundary, and all $L_i$ and all $N_i$ are restrictions of holomorphic line bundles on this family.
The article analyzes the conflict-of-laws problem in international private law and examines the ways and main approaches to its solution. The article proves that modern private international law ceases to be a purely conflict of laws, that is, the law of the collision (conflict) of national legal systems and turns into the law of interaction of national private legal systems, within which cooperation prevails over the collision. The article determines the essence of the conflict-of-laws issue, which consists in the fact that it is necessary to determine the law of which state should be applied to a specific legal relationship complicated by a foreign element: the law of the state to which the foreign element belongs or the law of the country of the court. The research establishes that in private international law, the solution of a conflict-of-laws problem is possible by applying one of the following three approaches: substantive law approach, or multilateral (bilateral) approach and unilateral approach. The study reveals that the basis of the first, substantive law approach, which is considered historically the first, is not the choice of one of the existing legal systems, but the formulation of a new set of substantive-legal norms adapted to the regulation of cross-border relations. The article argues that in the modern world such approaches cannot be applied, since this can lead to complete arbitrariness of the law enforcement officer, who, for obvious reasons, in most cases prefers the lex fori norm, which is well known to him. The research also identifies another approach to the current conflict-of-laws problem in the current international law, which is the dominant one in European international private law – multilateral (bilateral) approach – which is directly aimed at assessing the status of both domestic and foreign substantive law. The work argues for the importance of the third approach to the growing conflict-of-laws problem in current international private law, which we consider to be a unilateral approach. The investigation proves that according to this approach, the starting point is the norm of substantive law itself. The paper concludes that the multilateral (bilateral) and unilateral approaches can be combined into a group of conflict-of-laws approaches, since both are based on the premise that a cross-border dispute is a potential conflict between the substantive legal norms of different states, and this conflict can be resolved by choosing the substantive legal norms of only one state.
Bitcoin is the most important and well-known form of digital currency that is not produced or supported by any single entity. A decentralized digital currency has no central bank or unified management, its production is decentralized, and its value comes only from the fact that there is a growing community that ascribes value to it and chooses to use it. Pay innovative deals. However, its importance is increasing, especially in the field of e-commerce. The main purpose of this article is to examine the consumer's right of withdrawal, as stated in the Consumer Rights Directive (Directive 2011/83/EU) and in Article 37 of the Electronic Commerce Law 2012. Is. In particular, it examines whether consumer payment using bitcoins can be an obstacle to consumer protection, given the right of withdrawal provided by the above directive and law in cases of distance and off-premise contracts. In addition, the consequences of exercising the right of withdrawal are examined, particularly in relation to reimbursement. The main concerns stem from the disputed legal nature of Bitcoin and the high volatility of its value and the ban on its exchange.The impressive growth of consumer protection during the last two centuries has been beneficial in creating rights for the consumer, including the right to withdraw from the completed transaction. In most legal systems, in electronic contracts, the consumer has the right to withdraw from the contract, which is one of the exclusive institutions. Iran's e-commerce law is the consumer's right of withdrawal. The right of withdrawal is a right that is intended only for the consumer according to the e-commerce law and can apply to any remote transaction (European Central Bank in its 2012 report on currency schemes). Virtual has defined a type of digital currency that is issued and usually controlled by its developers and is used and accepted among members of a specific virtual community (MiCA) published "Crypto-assets are digital representations of value or rights that can bring significant benefits to market participants, including retail holders of crypto-assets, among all types of virtual currencies, undoubtedly the most important and The most well-known is Bitcoin. Its importance in e-commerce is steadily increasing as more online merchants accept Bitcoin as a means of payment. Although the transaction volume of Bitcoin is still small compared to the transaction volume of sovereign currencies, several institutions such as the European Central Bank, the European Banking Organization and the Bank of France have issued warnings about the use of Bitcoin. In this regard, in the case of e-commerce, there are concerns about the lower level of consumer protection. This article focuses on the issue of consumer refund rights according to the provisions of Directive 2011/83/EU (Consumer Rights Directive) and Article 37 of the Electronic Commerce Law of 2012. In particular, it will be examined that according to the right of withdrawal provided by Articles 9-16 of the Consumer Rights Directive (Consumer Rights Directive) and Article 37 of the Electronic Commerce Law of Iran 1382, in cases related to remote transactions. Whether a consumer's payment with Bitcoin can be a barrier to consumer protection, in addition, the consequences of exercising the right of withdrawal will be examined, particularly in relation to refunds. The main concerns stem from the disputed legal nature of Bitcoin and the high volatility of its value.This article is mainly organized in three parts. First, an overview of the technical structure and functionality of Bitcoin is provided. In addition, it examines whether Bitcoin can be considered money from an economic and legal perspective. Next, it deals with the consumer's rights regarding information and withdrawal in accordance with the European directive and the e-commerce law. It then specifically examines whether paying with Bitcoin can deprive consumers of the right to withdraw and, if not, what the consumer's right to a refund should include. Money is a social reality because money is an intermediary of exchange that forces the parties to deliver goods or services. Digital currency is a type of electronic money designed for greater security, elimination of intermediaries and anonymity. Cryptocurrencies are decentralized types of digital currencies that have been presented with new technology. Digital currencies need to be carefully examined due to the many complexities surrounding them. Bitcoin (in English: Bitcoin) (abbreviated: BTC; symbol: ₿) is a decentralized digital currency, without a central bank or unified management, that can be sent peer-to-peer through the Bitcoin network without the need for an intermediary. In simple words, this currency is a digital currency like the common currency of countries and its main function is to make financial exchanges between people. The general function of this currency is similar to the US dollar and the Iranian rial. But there are also important differences between this currency and currencies like the dollar. One of the most important differences is that this token was not created by governments and financial institutions and has no support other than public acceptance. Some consider virtual currencies to have no support and physical existence, and due to the disadvantages of Bitcoin, they have predicted that it will be devalued in the future.This currency is generated and works by a mathematical algorithm. In this digital currency, the task of recording and maintaining transactions is the responsibility of computing devices that are also in charge of production. The mathematical algorithm of this currency is actually an encrypted technology based on the blockchain, which maintains the privacy of users while providing network transparency. This means that despite the possibility of anonymity in the network, all users have access to the details of transaction informationThe shock caused by the price and volume of Bitcoin transactions should be considered as an indicator for the demand for virtual money. The results show that with the increase in demand for virtual money, the demand for official money has decreased, inflation has decreased, and as a result, the government's royalty income has decreased due to the decrease in the government's ability to create money and create an inflationary tax. According to the obtained results, it is suggested that taking into account the relative increase in the trend towards virtual currencies such as Bitcoin, the attention of the policy makers is inevitable and therefore the government and the monetary authority should create a platform for the use of virtual currencies in the area with high security through Creating the required infrastructure to provide d. The monetary policy maker should take advantage of technical innovations such as encryption, which has led to some of the technical advantages of virtual currencies, and direct this flow to the optimal direction with initiatives such as the release of the national currency code (Rial Code 1) and on the other hand to monitor the mechanism. promote and regulate this type of money. In any case, studies related to the economy of digital money (both electronic money and virtual money) and the mechanism of issuing and regulating digital money by the central bank and the challenges of expanding private digital money or private cryptographic money The central bank and other economic institutions of Iran should be taken into consideration.
L’integrazione dei requisiti sostenibilità nella normativa di derivazione MiFID II, segnatamente nell’ambito delle regole organizzative e di condotta delle imprese che prestano i servizi di consulenza e di gestione di portafogli, genera una serie di interrogativi e problemi interpretativi e applicativi da cui può scaturire un conflitto tra due ugualmente validi obiettivi regolatori: quello della tutela del cliente, proprio della normativa ex MiFID II, e quello della sostenibilità a cui è finalizzato l’intervento integrativo della Commissione Europea.
Il presente contributo ha lo scopo di esaminare se i rinnovati Orientamenti dell’ESMA su alcuni aspetti dei requisiti di adeguatezza della MiFID II del 3 aprile 2023 siano in grado di chiarire ed interpretare alcuni profili ‘azzardati’ della nuova disciplina onde bilanciare adeguatamente i suddetti obiettivi regolatori, impedendo che la sostenibilità diventi uno strumento nelle mani degli intermediari suscettibile di utilizzo a danno gli investitori in strumenti finanziari. / 𝑇ℎ𝑒 𝑖𝑛𝑡𝑒𝑔𝑟𝑎𝑡𝑖𝑜𝑛 𝑜𝑓 𝑠𝑢𝑠𝑡𝑎𝑖𝑛𝑎𝑏𝑖𝑙𝑖𝑡𝑦 𝑟𝑒𝑞𝑢𝑖𝑟𝑒𝑚𝑒𝑛𝑡𝑠 𝑖𝑛 𝑀𝑖𝐹𝐼𝐷 𝐼𝐼 𝑝𝑎𝑐𝑘𝑎𝑔𝑒-𝑏𝑎𝑠𝑒𝑑 𝑜𝑟𝑔𝑎𝑛𝑖𝑠𝑎𝑡𝑖𝑜𝑛𝑎𝑙 𝑎𝑛𝑑 𝑐𝑜𝑛𝑑𝑢𝑐𝑡-𝑜𝑓-𝑏𝑢𝑠𝑖𝑛𝑒𝑠𝑠 𝑟𝑒𝑔𝑢𝑙𝑎𝑡𝑖𝑜𝑛 𝑓𝑜𝑟 𝑎𝑑𝑣𝑖𝑠𝑒𝑟𝑠 𝑎𝑛𝑑 𝑝𝑜𝑟𝑡𝑓𝑜𝑙𝑖𝑜 𝑚𝑎𝑛𝑎𝑔𝑒𝑟𝑠 𝑙𝑒𝑎𝑑𝑠 𝑡𝑜 𝑚𝑎𝑛𝑦 𝑞𝑢𝑒𝑠𝑡𝑖𝑜𝑛𝑠 𝑎𝑛𝑑 𝑝𝑟𝑜𝑏𝑙𝑒𝑚𝑠 𝑜𝑓 𝑖𝑛𝑡𝑒𝑟𝑝𝑟𝑒𝑡𝑎𝑡𝑖𝑜𝑛 𝑎𝑛𝑑 𝑎𝑝𝑝𝑙𝑖𝑐𝑎𝑡𝑖𝑜𝑛. 𝑇ℎ𝑖𝑠 𝑠𝑖𝑡𝑢𝑎𝑡𝑖𝑜𝑛 𝑐𝑜𝑢𝑙𝑑 𝑔𝑒𝑛𝑒𝑟𝑎𝑡𝑒 𝑎 𝑝𝑜𝑡𝑒𝑛𝑡𝑖𝑎𝑙 𝑐𝑜𝑛𝑓𝑙𝑖𝑐𝑡 𝑏𝑒𝑡𝑤𝑒𝑒𝑛 𝑡ℎ𝑒 𝑡𝑤𝑜 𝑤𝑜𝑟𝑡ℎ𝑤ℎ𝑖𝑙𝑒 𝑟𝑒𝑔𝑢𝑙𝑎𝑡𝑜𝑟𝑦 𝑜𝑏𝑗𝑒𝑐𝑡𝑖𝑣𝑒𝑠: 𝑖𝑛𝑣𝑒𝑠𝑡𝑜𝑟 𝑝𝑟𝑜𝑡𝑒𝑐𝑡𝑖𝑜𝑛, 𝑝𝑢𝑟𝑠𝑢𝑒𝑑 𝑏𝑦 𝑀𝑖𝐹𝐼𝐷 𝐼𝐼, 𝑎𝑛𝑑 𝑒𝑛𝑠𝑢𝑟𝑖𝑛𝑔 𝑠𝑢𝑠𝑡𝑎𝑖𝑛𝑎𝑏𝑖𝑙𝑖𝑡𝑦, 𝑝𝑢𝑟𝑠𝑢𝑒𝑑 𝑏𝑦 𝑡ℎ𝑒 𝐸𝑢𝑟𝑜𝑝𝑒𝑎𝑛 𝐶𝑜𝑚𝑚𝑖𝑠𝑠𝑖𝑜𝑛 𝑟𝑒𝑔𝑢𝑙𝑎𝑡𝑜𝑟𝑦 𝑎𝑚𝑒𝑛𝑑𝑚𝑒𝑛𝑡𝑠.
𝑇ℎ𝑒 𝑝𝑢𝑟𝑝𝑜𝑠𝑒 𝑜𝑓 𝑒𝑠𝑠𝑎𝑦 𝑖𝑠 𝑡𝑜 𝑎𝑛𝑎𝑙𝑦𝑠𝑒 𝑤ℎ𝑒𝑡ℎ𝑒𝑟 𝑡ℎ𝑒 𝑟𝑒𝑛𝑒𝑤𝑒𝑑 𝐸𝑆𝑀𝐴 𝐺𝑢𝑖𝑑𝑒𝑙𝑖𝑛𝑒𝑠 𝑜𝑛 𝑐𝑒𝑟𝑡𝑎𝑖𝑛 𝑎𝑠𝑝𝑒𝑐𝑡𝑠 𝑜𝑓 𝑀𝑖𝐹𝐼𝐷 𝐼𝐼 𝑠𝑢𝑖𝑡𝑎𝑏𝑖𝑙𝑖𝑡𝑦 𝑟𝑒𝑞𝑢𝑖𝑟𝑒𝑚𝑒𝑛𝑡𝑠 𝑜𝑓 3 𝐴𝑝𝑟𝑖𝑙 2023 𝑎𝑟𝑒 𝑎𝑏𝑙𝑒 𝑡𝑜 𝑐𝑙𝑎𝑟𝑖𝑓𝑦 𝑎𝑛𝑑 𝑖𝑛𝑡𝑒𝑟𝑝𝑟𝑒𝑡 𝑠𝑜𝑚𝑒 '𝑟𝑖𝑠𝑘𝑦' 𝑝𝑟𝑜𝑓𝑖𝑙𝑒𝑠 𝑜𝑓 𝑡ℎ𝑒 𝑛𝑒𝑤 𝑓𝑟𝑎𝑚𝑒𝑤𝑜𝑟𝑘 𝑖𝑛 𝑜𝑟𝑑𝑒𝑟 𝑡𝑜 𝑎𝑑𝑒𝑞𝑢𝑎𝑡𝑒𝑙𝑦 𝑏𝑎𝑙𝑎𝑛𝑐𝑒 𝑡ℎ𝑒 𝑎𝑓𝑜𝑟𝑒𝑚𝑒𝑛𝑡𝑖𝑜𝑛𝑒𝑑 𝑟𝑒𝑔𝑢𝑙𝑎𝑡𝑜𝑟𝑦 𝑜𝑏𝑗𝑒𝑐𝑡𝑖𝑣𝑒𝑠, 𝑏𝑦 𝑝𝑟𝑒𝑣𝑒𝑛𝑡𝑖𝑛𝑔 𝑠𝑢𝑠𝑡𝑎𝑖𝑛𝑎𝑏𝑖𝑙𝑖𝑡𝑦 𝑓𝑟𝑜𝑚 𝑏𝑒𝑐𝑜𝑚𝑖𝑛𝑔 𝑎 𝑡𝑜𝑜𝑙 𝑖𝑛 𝑡ℎ𝑒 ℎ𝑎𝑛𝑑𝑠 𝑜𝑓 𝑖𝑛𝑡𝑒𝑟𝑚𝑒𝑑𝑖𝑎𝑟𝑖𝑒𝑠 𝑡ℎ𝑎𝑡 𝑖𝑠 𝑙𝑖𝑘𝑒𝑙𝑦 𝑡𝑜 𝑏𝑒 𝑢𝑠𝑒𝑑 𝑡𝑜 𝑑𝑎𝑚𝑎𝑔𝑒 𝑖𝑛𝑣𝑒𝑠𝑡𝑜𝑟𝑠 𝑖𝑛 𝑓𝑖𝑛𝑎𝑛𝑐𝑖𝑎𝑙 𝑖𝑛𝑠𝑡𝑟𝑢𝑚𝑒𝑛𝑡𝑠.
Finance, Private international law. Conflict of laws
This paper evidences how prostitution is a process of permanent dehumanization of women. This process is built and reproduced as one place where neoliberalism coincides with the patriarchal exploitation of female bodies. I present a feminist geopolitical analysis and explore the factors that explain the fact that Nigerian Edo women are the most prevalent victims of sex-trafficking in Europe. All this happens within the context of expansion, sophistication and technification of the sex industry together with the prostitution culture, which is ostensibly visible in the creation of hyper-real silicon sexual dolls –even childlike- and their evolution to sex robots. I draw on how the neo-colonial dynamics, the overexploitation of natural resources, the impoverishment and the forced displacement of people are the current platform that sustains part of the mechanism that operates at the core of Nigerian prostitution in the 21st century.
To distinguish defense from claim, it is first necessary to define claim and identify its elements. Then, defense and its concept must be examined, as well as the relationship between claim and petition and the difference between these two concepts. Subsequently, the concept of plaintiff (mudda'i) and defendant (mudda'i alayh) must be clarified in order to determine where each of the parties to the litigation stands in the proceedings – whether as plaintiff or defendant – as their positions may continuously change throughout the litigation. Furthermore, the relationship between plaintiff and defendant and the terms claimant (khahān) and respondent (khwandeh) in civil procedure should be examined to determine whether the plaintiff is the same as the claimant and the defendant is the same as the respondent, and whether these titles are synonymous and have a matching relationship, or whether these titles are not identical and differ from each other (Article 275 of the Code of Civil Procedure). In this regard, and to clarify the difference between claim and defense, French law will also be examined as far as possible, since the former Code of Civil Procedure and, before that, the Code of Principles of Trials were adapted from French law and jurisprudence. However, considering that the theological (fiqh) definitions of claim, plaintiff, and defendant are more precise, and that jurists have shown greater subtlety and discernment in this regard, further study will have a more theological aspect. To better understand the subject, an attempt will be made to study judicial judgments as much as possible.Literature ReviewIt is worth noting that while Iranian civil procedure textbooks do not offer a clear discussion on differentiating between defense and claim. (i) Materials and MethodsThe study adopts a descriptive-analytical approach and employs library research methods to examine the data.Results and DiscussionArticles 18, 142, and 275 of the Iranian Code of Civil Procedure are drafted in a manner that distinguishes and separates the concepts of "claim" (da'va) and "defense" (defa'). This raises the question of whether a claim and a defense are two distinct concepts, or whether they are similar concepts that are named differently (claim or defense) depending on which party to the litigation (plaintiff or defendant) raises them. This question has occupied the minds of legal scholars and judges, and has been addressed in court decisions and judicial panels of the judiciary. Differentiating between defense and claim has also been a concern of civil procedure scholars. This article examines the two concepts of defense and claim, considering the illustrative examples mentioned in Articles 18 and 142 of the Code of Civil Procedure.ConclusionAs noted, a claim (da'va) consists of asserting something contrary to the presumption of innocence, apparent fact, or evidence, for the purpose of seeking a right or property... against another, before a judge. If the claimant (khahān) alters the presumption, apparent fact, or evidence in their favor, based on the evidence presented to the court, then the respondent's (khwandeh) defense must be to prove the claimant's lack of right. Thus, the respondent, in defending themselves, is making a claim. This is the case in most lawsuits. If the respondent's goal is only to prove the claimant's lack of right, in whole or in part, the respondent's action is a claim in the position of defense. These claims are indeed claims, but claims for the purpose of defense, and as stated in Article 18 and the final part of Article 142 of the Code of Civil Procedure, do not require a petition (dadkhast).However, if the respondent's claim, in addition to defense, is also a claim of a right against the claimant or the original third party (who is considered the claimant), it is a defense and a counterclaim (da'vay-e motaqābel) and requires a petition. Therefore, against a claimant who has altered the presumption of the respondent's innocence in their favor, or whose claim is based on convincing evidence, it is in fact a claim, but a claim whose purpose is to prove the claimant's lack of right or the expiration of the claimant's right. Such a claim, even if it has all the characteristics of a claim, does not require a petition from a procedural perspective. Not only is this the procedural difference between it and the claimant's claim, but the legislator should have drafted Articles 18, 142, and 375 of the Code of Civil Procedure with greater clarity, and should have defined claim and defense, and specified their procedural differences and timing of their presentation in the proceedings."
We are witnessing an enormous development of artificial intelligence (AI) which boosts
economic productivity, creates new job opportunities, and gives hope that human life will
be more prosperous. On the other side, AI, as a new system, that is undiscovered and
unpredictable, creates ethical and legal dilemmas and threats to human rights violations,
in the context of the principle of equality, the rule of law, and democratic principles, if it
is used in an inappropriate way. The subject of the paper is discrimination in the process
of AI application in different fields of people’s everyday lives. The aim of this investigation is to analyze provisions in the recently adopted European Union (EU) AI Act and the
Council of Europe Framework Convention which are expected to prevent discriminatory
treatment through an AI life cycle, and to give a bird-view of the selected cases of AI-related discrimination, as well as of the position of the Serbian national authorities in that
regard. On that road, the authors will provide a critical and comparative analysis of these
two instruments governing the AI application. Subsequent to that, the paper is focused
on the position taken by the Serbian authorities in order to examine the level of its readiness to stay in line with the legal challenges the AI implementation brings, and illustrates a
current example which is related to the implementation of the Social Card Law. The methodological framework includes doctrinal, comparative, and descriptive methods.
Private international law. Conflict of laws, Criminal law and procedure
Gravitational waveforms play a crucial role in comparing observed signals to theoretical predictions. However, obtaining accurate analytical waveforms directly from general relativity remains challenging. Existing methods involve a complex blend of post-Newtonian theory, effective-one-body formalism, numerical relativity, and interpolation, introducing systematic errors. As gravitational wave astronomy advances with new detectors, these errors gain significance, particularly when testing general relativity in the non-linear regime. A recent development proposes a novel approach to address this issue. By deriving precise constraints - or balance laws - directly from full non-linear GR, this method offers a means to evaluate waveform quality, detect template weaknesses, and ensure internal consistency. Before delving into the intricacies of balance laws in full non-linear general relativity, we illustrate the concept using a detailed mechanical analogy. We'll examine a dissipative mechanical system as an example, demonstrating how mechanical balance laws can gauge the accuracy of approximate solutions in capturing the complete physical scenario. While mechanical balance laws are straightforward, deriving balance laws in electromagnetism and general relativity demands a rigorous foundation rooted in mathematically precise concepts of radiation. Following the analogy with electromagnetism, we derive balance laws in general relativity. As a proof of concept, we employ an analytical approximate waveform model, showcasing how these balance laws serve as a litmus test for the model's validity.
In this article, a study is conducted on the interaction of intellectual property law with branches of private law. In particular, the interaction of intellectual property law with civil law is substantiated. Intellectual property law acts as a sub-branch of civil law, respectively, the subject of legal regulation also consists of property and personal non-property relations that develop with respect to intellectual property objects. In turn, the exclusive right to intellectual property belongs to the category of property rights, and as a subjective right is one of the objects of civil rights. Some provisions of the article are devoted to the analysis of intellectual property rights with the institute of non-contractual obligations. Often, the creation of intellectual property objects is the subject of competitive obligations, and copyright holders may be harmed as a result of torts. Exclusive rights also act as the subject of inheritance and inheritance law, exclusive rights can be the subject of hereditary legal relations, which is also reflected in the content of the article. The issues of interaction of intellectual property law with private international law are touched upon, since intellectual property law is one of the institutions of private international law, which provides for conflict-of-laws regulation of relations complicated by a foreign element [1]. The uniqueness of intellectual property rights is also manifested in connection with labor law, since the subject of interaction is relations regarding official works and inventions, which, as a rule, are determined by an employment contract, but require compliance with special legislation of the Republic of Kazakhstan [1]. The article analyzes the interaction of intellectual property law with family law, since exclusive rights and intellectual property objects, being property, can be the subject of family legal relations.
Presidential government system has its own disadvantages, one of them is the possibility a minority president presence in this system, namely a president who is not supported by a parliamentary majority, even though the President has a strong mandate from public, but with a minority position, the government’s agenda which carried out by the president could be hampered by parliament or the legislature, therefore it is needed a coalition government. The combination of a presidential system with a multi-party system is difficult to implement because whoever the president is elected will be encountered with a certain condition that it is impossible to support him in parliament without forming a coalition. In order to respond the problem in strengthening the presidential system in Indonesia, the author offers a majority general election system or district system (first Past the Post) as an effort to create an effective and responsible government. This is a legal study which used two approaches, namely statutory approach and conceptual approach. Based on the results of study, it can be concluded that the majority system was more appropriate for creating an effective and responsible government because it could encourage the simplification of political parties and the responsibilities of people’s representatives to the voters in each district.
Private international law. Conflict of laws, Jurisprudence. Philosophy and theory of law
La crisi di SVB nasce da una cattiva gestione dei rischi e da una governance inefficace, dalla deregolamentazione, da potenti lobbie finanziarie, dall'ossessione della FED per il controllo dell’inflazione e da una vigilanza troppo accomodante. Rappresenta anche la conferma dell’inadeguatezza dell’impianto regolamentare vigente, incapace di limitare i rischi originati dalla trasformazione delle scadenze e dal leverage, che da sempre hanno consentito alle banche di sfruttare le imperfezioni del mercato per massimizzare i profitti di breve termine. / 𝑇ℎ𝑒 𝑆𝑉𝐵 𝑐𝑟𝑖𝑠𝑖𝑠 𝑠𝑡𝑒𝑚𝑠 𝑓𝑟𝑜𝑚 𝑏𝑎𝑛𝑘’𝑠 𝑟𝑖𝑠𝑘 𝑚𝑎𝑛𝑎𝑔𝑒𝑚𝑒𝑛𝑡 𝑓𝑎𝑖𝑙𝑢𝑟𝑒𝑠 𝑎𝑛𝑑 𝑖𝑛𝑒𝑓𝑓𝑒𝑐𝑡𝑖𝑣𝑒 𝑔𝑜𝑣𝑒𝑟𝑛𝑎𝑛𝑐𝑒, 𝑓𝑟𝑜𝑚 𝑡ℎ𝑒 𝑑𝑒𝑟𝑒𝑔𝑢𝑙𝑎𝑡𝑜𝑟𝑦 𝑐𝑦𝑐𝑙𝑒, 𝑠𝑡𝑟𝑜𝑛𝑔 𝑓𝑖𝑛𝑎𝑛𝑐𝑖𝑎𝑙 𝑙𝑜𝑏𝑏𝑖𝑒𝑠, 𝑓𝑟𝑜𝑚 𝑡ℎ𝑒 𝐹𝑒𝑑𝑒𝑟𝑎𝑙 𝑅𝑒𝑠𝑒𝑟𝑣𝑒’𝑠 𝑎𝑛𝑡𝑖-𝑖𝑛𝑓𝑙𝑎𝑡𝑖𝑜𝑛 𝑜𝑏𝑠𝑒𝑠𝑠𝑖𝑜𝑛 𝑎𝑛𝑑 𝑓𝑟𝑜𝑚 𝑎 𝑡𝑜𝑜 𝑙𝑖𝑔ℎ𝑡 𝑠𝑢𝑝𝑒𝑟𝑣𝑖𝑠𝑜𝑟𝑦 𝑜𝑣𝑒𝑟𝑠𝑖𝑔ℎ𝑡. 𝐴𝑡 𝑡ℎ𝑒 𝑠𝑎𝑚𝑒 𝑡𝑖𝑚𝑒, 𝑡ℎ𝑖𝑠 𝑐𝑟𝑖𝑠𝑖𝑠 ℎ𝑖𝑔ℎ𝑙𝑖𝑔ℎ𝑡𝑠 𝑡ℎ𝑒 𝑠ℎ𝑜𝑟𝑡𝑐𝑜𝑚𝑖𝑛𝑔𝑠 𝑜𝑓 𝑡ℎ𝑒 𝑐𝑢𝑟𝑟𝑒𝑛𝑡 𝑟𝑒𝑔𝑢𝑙𝑎𝑡𝑜𝑟𝑦 𝑓𝑟𝑎𝑚𝑒𝑤𝑜𝑟𝑘, 𝑢𝑛𝑎𝑏𝑙𝑒 𝑡𝑜 𝑐𝑜𝑛𝑡𝑎𝑖𝑛 𝑡ℎ𝑒 𝑟𝑖𝑠𝑘𝑠 𝑎𝑟𝑖𝑠𝑖𝑛𝑔 𝑓𝑟𝑜𝑚 𝑚𝑎𝑡𝑢𝑟𝑖𝑡𝑦 𝑚𝑖𝑠𝑚𝑎𝑡𝑐ℎ 𝑎𝑛𝑑 𝑙𝑒𝑣𝑒𝑟𝑎𝑔𝑒, 𝑤ℎ𝑖𝑐ℎ ℎ𝑎𝑣𝑒 𝑎𝑙𝑤𝑎𝑦𝑠 𝑎𝑙𝑙𝑜𝑤𝑒𝑑 𝑏𝑎𝑛𝑘𝑠 𝑡𝑜 𝑒𝑥𝑝𝑙𝑜𝑖𝑡 𝑚𝑎𝑟𝑘𝑒𝑡 𝑖𝑚𝑝𝑒𝑟𝑓𝑒𝑐𝑡𝑖𝑜𝑛𝑠 𝑡𝑜 𝑚𝑎𝑥𝑖𝑚𝑖𝑧𝑒 𝑠ℎ𝑜𝑟𝑡-𝑡𝑒𝑟𝑚 𝑝𝑟𝑜𝑓𝑖𝑡𝑠.
Finance, Private international law. Conflict of laws
Autonomous driving systems (ADSs) must be tested thoroughly before they can be deployed in autonomous vehicles. High-fidelity simulators allow them to be tested against diverse scenarios, including those that are difficult to recreate in real-world testing grounds. While previous approaches have shown that test cases can be generated automatically, they tend to focus on weak oracles (e.g. reaching the destination without collisions) without assessing whether the journey itself was undertaken safely and satisfied the law. In this work, we propose LawBreaker, an automated framework for testing ADSs against real-world traffic laws, which is designed to be compatible with different scenario description languages. LawBreaker provides a rich driver-oriented specification language for describing traffic laws, and a fuzzing engine that searches for different ways of violating them by maximising specification coverage. To evaluate our approach, we implemented it for Apollo+LGSVL and specified the traffic laws of China. LawBreaker was able to find 14 violations of these laws, including 173 test cases that caused accidents.
How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent anthropological scholarship on international organizations, bureaucracy, and documents, this essay discusses the knowledge practices and legal technicalities that characterize the international community of human rights lawyers. In particular, I reflect on the legal fiction of difference governing UN treaty bodies’ operations and the empirical sameness of participants in different formal categories in the shared community of practice of human rights lawyers. I conclude by suggesting that anthropological insights could significantly enrich our shared understanding of the diverse and subtle effects of human rights monitoring. Simultaneously such insights may offer rejuvenated inspiration for those international lawyers tackling a sense of losing faith in their discipline, both as an influential tool of world improvement and an invigorating intellectual tradition.
Comparative law. International uniform law, Private international law. Conflict of laws
Il saggio riflette sul come la dimensione linguistica e comunicativa svolga un ruolo profondamente diverso nei luoghi di lavoro morfologicamente trasformati dalla tecnologia. La complessità è tale che il diritto del lavoro è chiamato a compiere lo sforzo di saper leggere nei processi comunicativi che caratterizzano i rapporti di lavoro odierni una pluralità di registri e di «giochi linguistici» che, a seconda dei casi, richiedono interventi di valorizzazione e di promozione dei processi comunicativi medesimi, ove funzionali a sviluppare e abilitare le capacitazioni della persona; oppure interventi “correttivi” finalizzati a correggere le sempre più rilevanti asimmetrie informative, ma anche a stimolare una trasparenza della comunicazione, come condicio sine qua non per il mantenimento nei luoghi di lavoro governati dal management algoritmico di un legame sociale, e soprattutto come veicolo per consentire forme di controllo dell’esercizio dei poteri datoriali disumanizzati, potenzialmente lesivi della dignità della persona e dei suoi diritti come prestatore di lavoro. / 𝑇ℎ𝑒 𝑒𝑠𝑠𝑎𝑦 𝑟𝑒𝑓𝑙𝑒𝑐𝑡𝑠 𝑜𝑛 ℎ𝑜𝑤 𝑡ℎ𝑒 𝑙𝑖𝑛𝑔𝑢𝑖𝑠𝑡𝑖𝑐 𝑎𝑛𝑑 𝑐𝑜𝑚𝑚𝑢𝑛𝑖𝑐𝑎𝑡𝑖𝑣𝑒 𝑑𝑖𝑚𝑒𝑛𝑠𝑖𝑜𝑛 𝑝𝑙𝑎𝑦𝑠 𝑎 𝑝𝑟𝑜𝑓𝑜𝑢𝑛𝑑𝑙𝑦 𝑑𝑖𝑓𝑓𝑒𝑟𝑒𝑛𝑡 𝑟𝑜𝑙𝑒 𝑖𝑛 𝑡ℎ𝑒 𝑤𝑜𝑟𝑘𝑝𝑙𝑎𝑐𝑒𝑠 𝑚𝑜𝑟𝑝ℎ𝑜𝑙𝑜𝑔𝑖𝑐𝑎𝑙𝑙𝑦 𝑡𝑟𝑎𝑛𝑠𝑓𝑜𝑟𝑚𝑒𝑑 𝑏𝑦 𝑡𝑒𝑐ℎ𝑛𝑜𝑙𝑜𝑔𝑦. 𝑇ℎ𝑒 𝑐𝑜𝑚𝑝𝑙𝑒𝑥𝑖𝑡𝑦 𝑖𝑠 𝑠𝑢𝑐ℎ 𝑡ℎ𝑎𝑡 𝑙𝑎𝑏𝑜𝑟 𝑙𝑎𝑤 𝑖𝑠 𝑐𝑎𝑙𝑙𝑒𝑑 𝑢𝑝𝑜𝑛 𝑡𝑜 𝑚𝑎𝑘𝑒 𝑡ℎ𝑒 𝑒𝑓𝑓𝑜𝑟𝑡 𝑡𝑜 𝑏𝑒 𝑎𝑏𝑙𝑒 𝑡𝑜 𝑟𝑒𝑎𝑑 𝑖𝑛 𝑡ℎ𝑒 𝑐𝑜𝑚𝑚𝑢𝑛𝑖𝑐𝑎𝑡𝑖𝑜𝑛 𝑝𝑟𝑜𝑐𝑒𝑠𝑠𝑒𝑠 𝑡ℎ𝑎𝑡 𝑐ℎ𝑎𝑟𝑎𝑐𝑡𝑒𝑟𝑖𝑧𝑒 𝑡𝑜𝑑𝑎𝑦'𝑠 𝑒𝑚𝑝𝑙𝑜𝑦𝑚𝑒𝑛𝑡 𝑟𝑒𝑙𝑎𝑡𝑖𝑜𝑛𝑠ℎ𝑖𝑝𝑠 𝑎 𝑝𝑙𝑢𝑟𝑎𝑙𝑖𝑡𝑦 𝑜𝑓 𝑟𝑒𝑔𝑖𝑠𝑡𝑒𝑟𝑠 𝑎𝑛𝑑 "𝑙𝑎𝑛𝑔𝑢𝑎𝑔𝑒 𝑔𝑎𝑚𝑒𝑠" 𝑤ℎ𝑖𝑐ℎ, 𝑑𝑒𝑝𝑒𝑛𝑑𝑖𝑛𝑔 𝑜𝑛 𝑡ℎ𝑒 𝑐𝑎𝑠𝑒, 𝑟𝑒𝑞𝑢𝑖𝑟𝑒 𝑖𝑛𝑡𝑒𝑟𝑣𝑒𝑛𝑡𝑖𝑜𝑛𝑠 𝑡𝑜 𝑒𝑛ℎ𝑎𝑛𝑐𝑒 𝑎𝑛𝑑 𝑝𝑟𝑜𝑚𝑜𝑡𝑖𝑜𝑛 𝑜𝑓 𝑡ℎ𝑒 𝑐𝑜𝑚𝑚𝑢𝑛𝑖𝑐𝑎𝑡𝑖𝑜𝑛 𝑝𝑟𝑜𝑐𝑒𝑠𝑠𝑒𝑠 𝑡ℎ𝑒𝑚𝑠𝑒𝑙𝑣𝑒𝑠, 𝑤ℎ𝑒𝑟𝑒 𝑓𝑢𝑛𝑐𝑡𝑖𝑜𝑛𝑎𝑙 𝑡𝑜 𝑑𝑒𝑣𝑒𝑙𝑜𝑝 𝑎𝑛𝑑 𝑒𝑛𝑎𝑏𝑙𝑒 𝑐𝑎𝑝𝑎𝑏𝑖𝑙𝑖𝑡𝑦; 𝑜𝑟 "𝑐𝑜𝑟𝑟𝑒𝑐𝑡𝑖𝑣𝑒" 𝑖𝑛𝑡𝑒𝑟𝑣𝑒𝑛𝑡𝑖𝑜𝑛𝑠 𝑎𝑖𝑚𝑒𝑑 𝑎𝑡 𝑐𝑜𝑟𝑟𝑒𝑐𝑡𝑖𝑛𝑔 𝑡ℎ𝑒 𝑖𝑛𝑐𝑟𝑒𝑎𝑠𝑖𝑛𝑔𝑙𝑦 𝑠𝑖𝑔𝑛𝑖𝑓𝑖𝑐𝑎𝑛𝑡 𝑖𝑛𝑓𝑜𝑟𝑚𝑎𝑡𝑖𝑜𝑛 𝑎𝑠𝑦𝑚𝑚𝑒𝑡𝑟𝑖𝑒𝑠, 𝑏𝑢𝑡 𝑎𝑙𝑠𝑜 𝑎𝑡 𝑠𝑡𝑖𝑚𝑢𝑙𝑎𝑡𝑖𝑛𝑔 𝑡𝑟𝑎𝑛𝑠𝑝𝑎𝑟𝑒𝑛𝑐𝑦 𝑖𝑛 𝑐𝑜𝑚𝑚𝑢𝑛𝑖𝑐𝑎𝑡𝑖𝑜𝑛, 𝑎𝑠 𝑎 𝑐𝑜𝑛𝑑𝑖𝑡𝑖𝑜𝑛 𝑓𝑜𝑟 𝑚𝑎𝑖𝑛𝑡𝑎𝑖𝑛𝑖𝑛𝑔 𝑎 𝑠𝑜𝑐𝑖𝑎𝑙 𝑏𝑜𝑛𝑑 𝑒𝑣𝑒𝑛 𝑖𝑛 𝑡ℎ𝑒 𝑤𝑜𝑟𝑘𝑝𝑙𝑎𝑐𝑒𝑠 𝑔𝑜𝑣𝑒𝑟𝑛𝑒𝑑 𝑏𝑦 𝑎𝑙𝑔𝑜𝑟𝑖𝑡ℎ𝑚𝑖𝑐 𝑚𝑎𝑛𝑎𝑔𝑒𝑚𝑒𝑛𝑡, 𝑎𝑛𝑑 𝑎𝑏𝑜𝑣𝑒 𝑎𝑙𝑙 𝑎𝑠 𝑎 𝑣𝑒ℎ𝑖𝑐𝑙𝑒 𝑡𝑜 𝑎𝑙𝑙𝑜𝑤 𝑓𝑜𝑟𝑚𝑠 𝑐𝑜𝑛𝑡𝑟𝑜𝑙 𝑜𝑓 𝑡ℎ𝑒 𝑒𝑥𝑒𝑟𝑐𝑖𝑠𝑒 𝑜𝑓 𝑑𝑒ℎ𝑢𝑚𝑎𝑛𝑖𝑧𝑒𝑑 𝑒𝑚𝑝𝑙𝑜𝑦𝑒𝑟 𝑝𝑜𝑤𝑒𝑟𝑠, 𝑝𝑜𝑡𝑒𝑛𝑡𝑖𝑎𝑙𝑙𝑦 𝑑𝑎𝑚𝑎𝑔𝑖𝑛𝑔 𝑡𝑜 𝑡ℎ𝑒 𝑑𝑖𝑔𝑛𝑖𝑡𝑦 𝑜𝑓 𝑡ℎ𝑒 𝑝𝑒𝑟𝑠𝑜𝑛 𝑎𝑛𝑑 ℎ𝑖𝑠 𝑟𝑖𝑔ℎ𝑡𝑠 𝑎𝑠 𝑎 𝑤𝑜𝑟𝑘𝑒𝑟.
Finance, Private international law. Conflict of laws