Hasil untuk "Public law"

G. Shewan

The study of criminology focuses on the problem of crime and on understanding the social, cultural, political, and economic forces that interact with the law. Concerns about public safety, crime, and social justice contribute to a strong demand for people knowledgeable in these areas. The fundamental courses present overviews of legal systems with particular emphasis on criminal and juvenile justice, forms of criminal behaviour, the role of law in understanding social and psychological phenomena, and the applications of sociological theory in understanding law and legal systems. Additional coursework provides a deeper understanding of the causes and consequences of crime, criminal justice policy, socio-legal theory, critical criminology, and restorative justice.

А.О. Сюрикпаева

With modern development, digitalization in many countries is becoming a strategic priority area of economic development. The digital economy is an economic activity carried out through the internet, mobile communications, digital technologies, that is, virtual reality, in economic relations on production, distribution, exchange and consumption. The author gives a number of author's recommendations in the article for the systematic formation of the structure of an online store, e-commerce to increase the competitiveness of e-commerce, indicating that in addition to effective opportunities in the development of e-commerce, there are risks that threaten. Among them are the creation of a national research organization to improve the conditions for the development of digital business, the provision of land by the state for the construction of warehouses in the regions in the development of digital commerce, as well as the improvement of logistics networks, the use of new innovative models in the technological modernization of certain sectors of the economy, the introduction of new types of business plans, the approval of modern structures of public service. Given the dynamic development of digital business, in addition to traditional trade, IT specialists are in high demand in accordance with the requirements of the time.  At the same time, the author emphasizes the need to take state measures to train specialists in the field of digital commerce, including the organization of special courses or programs for rural residents in the regions. In order to strengthen the protection of consumer rights, the new version of the law «Оn protection of Consumer Rights» provides for additional regulatory measures. As we all know, such refined concepts as «electronic sales platform (marketplace)», «online store» and «information and advertising platform» have been introduced into the law. At the same time, the author proposes to introduce the term «e-commerce» and give it a scientifically consistent definition. According to the author, e-commerce contributes to the settlement of issues of consumer violations that occur when ordering services and works with a mobile phone. The article also proposes to ensure the mandatory protection of personal data about consumers and supplement the inadmissibility of claims by entrepreneurs that violate and (or) oppress the rights and legitimate interests of consumers. Keywords: digital economy, e-commerce, consumer, consumer rights, seller, buyer, digital environment, online store.

Mohammad saleh Anisi, Mahnaz Rashidi, Mahdi Piri

IntroductionToday, given the fundamental role of water in human life, water crises are among the most significant transboundary challenges facing humanity. Iran, due to its arid and semi-arid geography, faces particularly difficult water conditions. In some regions, the country relies on transboundary rivers to meet its water needs—often from a downstream position. One of the most important of these is the Hirmand (Helmand) River Basin. A treaty has been established between Iran and Afghanistan regarding Iran’s irrigation rights to the Hirmand River. However, despite the treaty’s validity, Afghanistan has failed to deliver Iran’s annual water allocation of 820 million cubic meters, thereby violating the agreement. The water crisis in Iran’s Sistan and Baluchestan Province has now reached a critical level, threatening the lives of its residents. As such, the issue has significant human rights implications. As the artery of Sistan and Baluchestan Province, the Hirmand River plays a vital role in supporting both the livelihoods and the health of local residents, making it essential to explore and highlight the human rights dimensions of this crisis. Literature ReviewThe utilization of international watercourses is governed by a distinct international legal regime. While there is extensive research on this subject, the human rights implications—particularly in Iran—have not received adequate attention. Referring to all relevant sources, this study aimed to fill that gap by examining the Hirmand Basin as a case study. The research is considered innovative in its approach, as it explored the overlap between two key international legal regimes. It identified existing gaps and proposed legal solutions to ensure that human rights are respected in the equitable use of international watercourses, with a particular focus on the Hirmand Basin. Materials and MethodsThe present study built its arguments by comparing and applying general legal rulings to specific events in the Hirmand Basin. Key methods used to provide legal solutions include historical analogy, priority, and similarity. Moreover, the jurisprudence of the International Court of Justice serves as one of the primary foundations for the legal reasoning presented in this research.  Results and DiscussionFirst, the study focused on the human rights obligations of governments in the management of international watercourses. It explored various dimensions of the right to access water, providing a substantive analysis of its minimum and maximum thresholds as defined in human rights documents. Key issues discussed include the multifaceted, fundamental nature of this right as well as its transboundary implications. Drawing on international legal sources, the research examined various dimensions and relevant rulings. Then, the method of analogy was used to apply and adapt these rulings to contemporary real-world events. Second, the research examined the nature of issues surrounding the Hirmand Basin. Given the predominantly rural context of the region, the Hirmand water plays a crucial role in the development and livelihood of the local residents. Furthermore, the Hirmand River Water Treaty, a binding international legal agreement between Iran and Afghanistan, underscores the importance of upholding the right to access water. To support the main argument, the analysis relied on relevant international jurisprudence and numerous international opinions to prove the main hypothesis of the study. It appears that the principle of due diligence—recognized as the point of overlap between procedural and substantive rights in international basins—has not been adequately observed in the Hirmand Basin. Moreover, the right to access water in this basin remains questionable. The research identified existing legal gaps by analyzing various aspects of the issue and substantiating the proposed hypotheses. In this context, several important legal solutions are presented, the most significant of which are rooted in human rights literature—particularly in relation to different dimensions of the principle of due diligence. Furthermore, the study highlighted the relevance of human rights monitoring mechanisms under the United Nations Charter, considering them as key legal instruments for safeguarding water rights in the Hirmand Basin. Conclusion Despite the extensive research in this field, it appears that insufficient attention has been paid to the importance and scope of human rights obligations. In this context, international jurisprudence can be leveraged to develop this discussion and place greater emphasis on the dignity of residents in basins such as the Hirmand. The application of the due diligence principle, along with international human rights monitoring mechanisms, can help ensure the fulfillment of states human rights obligations in transboundary basins like the Hirmand.

احمد محمد احمد محمد مهران الشريف

هدف هذا البحث إلى فحص تأثير أبعاد تجربة التسوق عبر الإنترنت (سهولة الاستخدام المدركة، والخصوصية، والحماية المدركة، وتنوع المنتجات، والتسليم في الوقت المحدد) على كل من ولاء العميل الإلكتروني وحساسية السعر. كما هدف إلى قياس تأثير ولاء العميل الإلكتروني على حساسية السعر بمتاجر التجزئة الإلكترونية في السوق المصري في ظل ظروف التضخم الحالية. وتمثل مجتمع هذا البحث في المتعاملين مع متاجر التجزئة الإلكترونية. وبلغ عدد القوائم القابلة للتحليل 233 مفردة، والتي جُمع بياناتها عن طريق الاستقصاء الإلكتروني. وبذلك تم التوصل إلى أهم المساهمات والتي تتمثل في التأثير الإيجابي والمعنوي والقوي لأبعاد تجربة التسوق عبر الإنترنت على ولاء العميل الإلكتروني. وجاءت الأبعاد مرتبة كما يلي: بُعد "التسليم في الوقت المحدد" في المرتبة الأولى، يليه بُعد "سهولة الاستخدام المدركة" في المرتبة الثانية، ثم بُعد "الحماية المدركة" في المرتبة الثالثة، ويأتي أخيرا في الترتيب الرابع بُعد "تنوع المنتجات"، واتضح عدم معنوية بُعد "الخصوصية". وفي حين تبين التأثير السلبي والمعنوي بوجه متوسط على التوالي لكل من بُعد "سهولة الاستخدام المدركة"، وبُعد "الحماية المدركة"، وبُعد "الخصوصية" على حساسية السعر. إلا أنه اتضح عدم معنوية كل من "تنوع المنتجات" و"التسليم في الوقت المحدد". كما تبين التأثير السلبي والمعنوي بوجه ضعيف لولاء العميل الإلكتروني على حساسية السعر. وهذا أهم ما يميز البحث الحالي. وبناء على هذه النتائج تم وضع عدد من التوصيات لمديري التسويق، ومتاجر التجزئة الالكترونية في السوق المصري في ظل ظروف التضخم الحالية.

Nizar Riane

In this paper, we study the public procurement market through the lens of game theory by modeling it as a strategic game with discontinuous and non-quasiconcave payoffs. We first show that the game admits no Nash equilibrium in pure strategies. We then analyze the two-player case and derive two explicit mixed-strategy equilibria for the symmetric game and for the weighted $(p,1-p)$ formulation. Finally, we study the existence of a symmetric mixed strategies Nash equilibrium in the general $N$-player case by applying the diagonal disjoint payoff matching condition.

King-kui Sin, Xi Xuan, Chunyu Kit et al.

This paper addresses the challenges translating case law under Hong Kong's bilingual legal system. It highlights the initial success of translating all written statutes into Chinese before the 1997 handover, a task mandated by the Basic Law. The effort involved significant collaboration among legal, linguistic, and translation experts, resulting in a comprehensive and culturally appropriate bilingual legal system. However, translating case law remains a significant challenge due to the sheer volume and continuous growth of judicial decisions. The paper critiques the governments and judiciarys sporadic and uncoordinated efforts to translate case law, contrasting it with the thorough approach previously taken for statute translation. Although the government acknowledges the importance of legal bilingualism, it lacks a sustainable strategy for translating case law. The Judiciarys position that translating all judgments is unnecessary, unrealistic, and not cost-effectiveis analyzed and critiqued for its impact on legal transparency and public trust. A proposed solution involves leveraging machine translation technology through a human-machine interactive translation platform, which undergoes two major transitions. Initially based on a neural model, the platform transitions to using a large language model for improved translation accuracy. Furthermore, it evolves from a single-agent system to a multi-agent system, incorporating Translator, Annotator, and Proofreader agents. This multi-agent approach, supported by a grant, aims to facilitate efficient, high-quality translation of judicial judgments by integrating advanced artificial intelligence and continuous feedback mechanisms, thus better meeting the needs of a bilingual legal system.

Zixuan Guo, Hanxiao Deng, Hongyu Wang et al.

Sedentary behavior is becoming increasingly prevalent in daily work and study environments. VR exergaming has emerged as a promising solution in these places of work and study. However, private spaces in these environments are not easy, and engaging in VR exergaming in public settings presents its own set of challenges (e.g., safety, social acceptance, isolation, and privacy protection). The recent development of Passthrough functionality in VR headsets allows users to maintain awareness of their surroundings, enhancing safety and convenience. Despite its potential benefits, little is known about how Passthrough could affect user performance and experience and solve the challenges of playing VR exergames in real-world public environments. To our knowledge, this work is the first to conduct a field study in an underground passageway on a university campus to explore the use of Passthrough in a real-world public environment, with a disturbance-free closed room as a baseline. Results indicate that enabling Passthrough in a public environment improves performance without compromising presence. Moreover, Passthrough can increase social acceptance, especially among individuals with higher levels of self-consciousness. These findings highlight Passthrough's potential to encourage VR exergaming adoption in public environments, with promising implications for overall health and well-being.

Annalí Casanueva, Davide Rossi, Stefano Zacchiroli et al.

Despite its promise of openness and inclusiveness, the development of free and open source software (FOSS) remains significantly unbalanced in terms of gender representation among contributors. To assist open source project maintainers and communities in addressing this imbalance, it is crucial to understand the causes of this inequality.In this study, we aim to establish how the COVID-19 pandemic has influenced the ability of women to contribute to public code. To do so, we use the Software Heritage archive, which holds the largest dataset of commits to public code, and the difference in differences (DID) methodology from econometrics that enables the derivation of causality from historical data.Our findings show that the COVID-19 pandemic has disproportionately impacted women's ability to contribute to the development of public code, relatively to men. Further, our observations of specific contributor subgroups indicate that COVID-19 particularly affected women hobbyists, identified using contribution patterns and email address domains.

Mingyu Yu, Sahani Amaya Iddawela, Jiayang Wang et al.

GaSe is an important member of the post-transition metal chalcogenide family and is an emerging two-dimensional (2D) semiconductor material. Because it is a van der Waals material, it can be fabricated into atomic-scale ultrathin films, making it suitable for the preparation of compact, heterostructure devices. In addition, GaSe possesses unusual optical and electronic properties, such as a shift from an indirect-bandgap single-layer film to a direct-bandgap bulk material, rare intrinsic p-type conduction, and nonlinear optical behaviors. These properties make GaSe an appealing candidate for the fabrication of field-effect transistors, photodetectors, and photovoltaics. However, the wafer-scale production of pure GaSe single crystal thin films remains challenging. This study develops an approach for the direct growth of nanometer-thick GaSe films on GaAs substrates using molecular beam epitaxy. It yields smooth thin GaSe films with the rare γ'-polymorph. We analyze the formation mechanism of γ'-GaSe using density functional theory and speculate that it is stabilized by Ga vacancies since the formation enthalpy of γ'-GaSe tends to become lower than that of other polymorphs when the Ga vacancy concentration increases. Finally, we investigate the growth conditions of GaSe, providing valuable insights for exploring 2D/3D quasi-van der Waals epitaxial growth.

Ananya Joshi, Tina Townes, Nolan Gormley et al.

Disease control experts inspect public health data streams daily for outliers worth investigating, like those corresponding to data quality issues or disease outbreaks. However, they can only examine a few of the thousands of maximally-tied outliers returned by univariate outlier detection methods applied to large-scale public health data streams. To help experts distinguish the most important outliers from these thousands of tied outliers, we propose a new task for algorithms to rank the outputs of any univariate method applied to each of many streams. Our novel algorithm for this task, which leverages hierarchical networks and extreme value analysis, performed the best across traditional outlier detection metrics in a human-expert evaluation using public health data streams. Most importantly, experts have used our open-source Python implementation since April 2023 and report identifying outliers worth investigating 9.1x faster than their prior baseline. Other organizations can readily adapt this implementation to create rankings from the outputs of their tailored univariate methods across large-scale streams.

Zihan Wang

The implementation of public policies is crucial in controlling the spread of COVID-19. However, the effectiveness of different policies can vary across different aspects of epidemic containment. Identifying the most effective policies is essential for providing informed recommendations for pandemic control. This paper examines the relationship between various public policy responses and their impact on COVID-19 containment. Using the propensity score matching-difference in differences (PSM-DID) model to address endogeneity, we analyze the causal significance of each policy on epidemic control. Our analysis reveals that that policies related to vaccine delivery, debt relief, and the cancellation of public events are the most effective measures. These findings provide key insights for policymakers, highlighting the importance of focusing on specific, high-impact measures in managing public health crises.

IBCCRIM

O IBCCRIM, em editorial de seu Boletim 294, de maio de 2017, intitulado “Pela definitiva extinção das casas dos horrores”, apontava para a urgência em dar-se cumprimento à lei 10.216/2001 (Lei da Reforma Psiquiátrica) no âmbito das medidas de segurança. Com base em experiências bem-sucedidas como o Programa de Atenção Integral ao Louco Infrator (PAILI), em Goiás, naquela oportunidade, externamos a já antiga posição institucional em prol da Política Antimanicomial: É mais que urgente o fechamento dos Manicômios Judiciários e a reorientação das medidas de segurança para atendimento pelo SUS, ficando a internação adstrita às necessidades do caso clínico, mediante avaliação de equipe multiprofissional e laudo médico. Os Manicômios Judiciários, nomeados como Hospitais de Custódia e Tratamento Psiquiátrico pela LEP e pelo Código Penal, são instituições asilares, proibidas pela Lei 10.216/2001, de vigência posterior. Ou seja, são instituições ilegais, onde a medicalização desenfreada e a segregação não servem para nada além da completa destruição da dignidade do paciente.

Satyam Mohla, Anupam Guha

The current wave of digital transformation has spurred digitisation reforms and has led to prodigious development of AI & NLP systems, with several of them entering the public domain. There is a perception that these systems have a non trivial impact on society but there is a dearth of literature in critical AI exploring what kinds of systems exist and how do they operate. This paper constructs a broad taxonomy of NLP systems which impact or are impacted by the ``public'' and provides a concrete analyses via various instrumental and normative lenses on the socio-technical nature of these systems. This paper categorises thirty examples of these systems into seven families, namely; finance, customer service, policy making, education, healthcare, law, and security, based on their public use cases. It then critically analyses these applications, first the priors and assumptions they are based on, then their mechanisms, possible methods of data collection, the models and error functions used, etc. This paper further delves into exploring the socio-economic and political contexts in which these families of systems are generally used and their potential impact on the same, and the function creep of these systems. It provides commentary on the potential long-term downstream impact of these systems on communities which use them. Aside from providing a birds eye view of what exists our in depth analysis provides insights on what is lacking in the current discourse on NLP in particular and critical AI in general, proposes additions to the current framework of analysis, provides recommendations future research direction, and highlights the need to importance of exploring the social in this socio-technical system.

Raffaele Sommese, Roland van Rijswijk-Deij, Mattijs Jonker

Domain lists are a key ingredient for representative censuses of the Web. Unfortunately, such censuses typically lack a view on domains under country-code top-level domains (ccTLDs). This introduces unwanted bias: many countries have a rich local Web that remains hidden if their ccTLDs are not considered. The reason ccTLDs are rarely considered is that gaining access -- if possible at all -- is often laborious. To tackle this, we ask: what can we learn about ccTLDs from public sources? We extract domain names under ccTLDs from 6 years of public data from Certificate Transparency logs and Common Crawl. We compare this against ground truth for 19 ccTLDs for which we have the full DNS zone. We find that public data covers 43%-80% of these ccTLDs, and that coverage grows over time. By also comparing port scan data we then show that these public sources reveal a significant part of the Web presence under a ccTLD. We conclude that in the absence of full access to ccTLDs, domain names learned from public sources can be a good proxy when performing Web censuses.

Jerzy Jaskiernia

The article analyses the phenomenon of parliamentary diplomacy. Although the international activity of parliamentarians was already observed in the 19th century, it did not gain momentum until the 20th and 21st centuries, becoming an important element of international relations. The author indicates which manifestations of the international activity of parliamentarians deserve the name of parliamentary diplomacy and how this phenomenon, analysed in terms of “paradiplomacy”, influences the modification of the functions of modern parliaments, especially in terms of ensuring democratic control over the creation and implementation of the state’s foreign policy.

Koudai Hatakeyama, Daisuke Kotani, Yasuo Okabe

Public key authentication (PKA) has been deployed in various services to provide stronger authentication to users. In PKA, a user manages private keys on her devices called authenticators, and services bind the corresponding public keys to her account. To protect private keys, a user uses authenticators which never export private keys outside. On the other hand, a user regularly uses multiple authenticators like PCs and smartphones. She replaces some of her authenticators according to their lifecycle, such as purchasing new devices and losing devices. It is a burden for a user to register, update and revoke public keys in many services every time she registers new accounts with services and replaces some of her authenticators. To ease the burden, we propose a mechanism where users and services manage public keys based on the owner of authenticators and users can access services with PKA using any of their authenticators. We introduce a key pair called an Ownership Verification Key (OVK), which consists of the private key (OVSK) and the corresponding public key (OVPK). All authenticators owned by a user derive the same OVSK from the pre-shared secret called the seed. Services verify the ownership of the authenticators using the corresponding OVPK to determine whether binding the requested public key to her account. To protect user privacy while maintaining convenience, authenticators generate a different OVK for each service from the seed independently. We demonstrate the feasibility through the Proof of Concept implementation, show that our proposed mechanism achieves some security goals, and discuss how the mechanism mitigates threats not completely handled.

Klaus Witold

A Romanian Roma community has been present in the largest Polish cities since the beginning of the 1990s. Although their presence was initially perceived as temporary, some members of this group have now been living in Poland for more than 20 years. However, for much of that time they have been invisible to the authorities, with only occasional exposure, and the main reasons for intervention were an attempt to remove them from the country, or from territory they were living on. In this paper, I would like to describe the situation of Romanian Roma in one Polish city, Wrocław. On their example I present different levels of exclusion from the community and space, describe the process of marginalisation (as a part of anti-Roma practices), as well as the tendency to use criminal law to discipline behaviours which society considers to be inappropriate and which it does not want to see. I’m thus presenting problems of evictions from public and private spaces, cases of prejudice followed by xenophobic attacks performed by representatives of Polish society and general lack of support neither from the general public, social institutions or police. Those practices lead to dep ravation of sense of security of the Roma population in Wrocław as police officers are perceived by them (and behaves) rather as oppressors who chase beggars away, fine them and confiscate money they earned on the street. And they fail in protection Roma community against xenophobic violence form the host society – or to be more precise they decided to abdicate from this role. The control of and state’s violence against the Roma community is made possible by labelling them as non-members of society, as strangers – persons to whom we can apply different rules than to ourselves.

hamid hamidian, Ali Rezaeiee

Principles of international investment law and treaties are more about protecting foreign investors. Therefore, in investment agreements that are signed between the host countries with the investors or their respective governments, the host country is obliged to provide the necessary investment support and any action contrary to the investment agreement is prohibited. In some cases, however, the protection of the public and fundamental interests of society requires the host country to take actions contrary to the provisions of the treaty, as encouraging and promoting investment should not be at the expense of the internal public interest. So the main challenge is how the public interest in host countries can have convergence with investment criteria? The most important findings of this study indicate that although there is no uniform procedure in this regard, but the new approach of most tribunals is that if the government's actions are based on reasonable criteria such as necessity, similar conditions and appropriateness, it is allowed. Of course this is achieved by providing a balanced interpretation of the requirements of international investment and creating a balance between the public interest of the host country and the requirements of the rules of international investment.

Aisha Alqahtani

ABSTRACT Background: Challenges related to the residency programme differ according to residents’ roles, interactions, culture, responsibilities and expectations. Aim: This study aims to explore the challenges faced by emergency medicine physicians during their residency programme. We also aim to investigate the influence of several demographic variables on their training experience. Method: This is a cross-sectional study, conducted in Saudi Arabia from June, 2021 to July 2021, using a survey designed by the author.  Results: The total number of participants was 37. Of these, 24.3% (n=9) were R1 residents, 10.8% (n=4) were R2, 35.1% (n=13) were R3, and 29.7% (n=11) were R4. While most of the participants (89%) clearly understood which reference to use for studying, only 56.7% had a clear understanding of how to study for the exams. Reading club was advocated by 72% of participants, and only half the participants had a positive perception of leading, preparing, and discussing topics during academic activity. Of all the residency levels, R3 residents were the most supportive of having expert physician guidance during ED procedures, p=0.04. Other factors given more importance by R3 residents than by other levels were mentorship, p=0.051, and having a course review for the exam, p=0.001. Conclusion: This study uncovers several challenges reported by participants from different residency levels. We noted that the R3 training level, being a period of transition from junior to senior level, is a significant period requiring more attention; more emphasis on mentorship and reading club is advocated.

Ewa Kozerska, Katarzyna Dziewulska

The establishment of the communist regime in Poland in 1944 is a current subject of reflection in the doctrine and practice of legislation and judiciary. There has been no uniform position on these events, which means that the then sanctioned political and normative order continues to produce controversial assessments and, above all, certain legal effects. This results from the fact that the new people’s power, empowered by force, and not by legal or social basis, has given itself the competence to establish a normative order. The lack of legitimacy for the rightful rule and legislative activity, in principle – from the point of view of the idea of the rule of law – undermines the political and legal status of the people’s authorities. This is all the more so because the system of unified power and sources of law created at that time was evidence of building a totalitarian state modelled on the Soviet Union. The events and legal behaviours of that time led to numerous, often radical changes in many areas of private and public life. They caused certain social and material effects, difficult to reverse today, which Polish society still faces. Therefore, modern standards of the rule of law require that public authorities undertake comprehensive and effective activity. They require that the principles of just and fair compensation for material damage and compensation for moral losses resulting from the rule of this system be implemented. This seems all the more important because some regulations of the people’s power, especially those concerning changes in the ownership structure, are still in force and form the basis of court and Constitutional Tribunal decisions.