Hasil untuk "Law of Europe"

Carlos Gabriel Ramaglia Mota

Marek Novák

Conference report

Y. T. Albert Law

One-loop $S^{d+1}$ path integrals were shown to factorize into two parts: a bulk thermal ideal gas partition function in a $dS_{d+1}$ static patch and an edge partition function associated with degrees of freedom living on $S^{d-1}$. Here, we analyze the $\mathfrak{so}(d)$ structure of the edge partition functions for massive and massless totally symmetric tensors of arbitrary rank in any $d\geq 3$. For linearized Einstein gravity on $S^{d+1}$, we find that the edge partition function receives contributions from shift-symmetric vector and scalar fields on $S^{d-1}$, suggesting a possible interpretation in terms of an embedded $S^{d-1}$ brane.

Péter Bónis

There are some provisions on the vassal’s obligation to respond to the king’s call to arms in the 13th century Hungarian legislation. In this paper we aim to compare the Hungarian legislation with the European ius commune on this subject, and we try to elucidate which were the sources of the Hungarian legislation in this regard. However, since these provisions are closely linked to the concept of just war, we look at what was considered a just war in the Middle Ages and what the implications of this classification were for the obligations of the vassals. After thorough analysis of the sources, the author made the cautious assumption that the Summa iuris feudorum of Jacobus de Ardizone was presumably the most important source of the Hungarian legislation on this issue of the feudal law.

Maaike Geuens

Tax sovereignty, traditionally the exclusive right of states to determine and implement their own tax systems, stands at a crossroads due to unprecedented global interconnectivity. This sovereignty, once a clear-cut aspect of national governance, is now frequently contested by forces transcending traditional political boundaries—forces such as multinational corporations exploiting global tax discrepancies, digital economies that defy conventional tax jurisdictions, and international regulatory efforts aimed at harmonizing tax practices to prevent base erosion and profit shifting. Historically, the concept of sovereignty has evolved significantly. Sovereignty has been shaped by the dual forces of territorial integrity and the non-interference principle. However, as globalization intensifies, these principles are increasingly challenged by the need for international cooperation in economic, environmental, and security issues, which includes the complex arena of tax regulation. This commentary aims to integrate various perspectives, including constitutional law, and explores the intersection with constitutional identity. The focus lies on reconciling the enduring principles of constitutional identity and citizenship with the evolving demands of global tax governance. As we delve into these discussions, we must consider the broader implications of these shifts—not only how they affect the legal standing and economic strategies of nations but also how they influence the very fabric of societal governance and the philosophical underpinnings of democratic participation in the fiscal realm. This conversation is crucial as it shapes the path toward developing tax systems that are both just and effective in a world where traditional boundaries are continually redrawn. Dagan highlighted the delicate balance between maintaining national tax sovereignty and embracing the necessary cooperation required by an interconnected world economy.

Deskoski Toni, Dokovski Vangel

This paper deals with the arbitration framework in North Macedonia, presenting the dualistic approach to domestic and international arbitration as provided by the national Law on International Commercial Arbitration (hereafter: LICA) and the national Code of Civil Procedure (hereafter: CPA). The LICA is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration, which provides a legal framework for resolving disputes with an international element, allowing the parties the freedom to choose between ad hoc or institutional arbitration. Contrary to that, domestic disputes are exclusively reserved for institutional arbitration. Furthermore, this paper addresses subjective and objective arbitrability, and analyzes the arbitrability of corporate, employment and defamation disputes. The procedural aspects of arbitration, particularly the role of institutional arbitration in North Macedonia and the governing rules for arbitration procedures, are also exploited. The issue of recognition and enforcement of foreign arbitral awards in North Macedonia is also analyzed in this paper. Recent judicial practices have demonstrated deviation from the Private International Law Act (hereafter: PIL Act), notably turning ex parte proceedings into contradictory ones, which undermines the PIL Act. A case involving the refusal to recognize a Partial ICC Award from Poland and later setting aside the award illustrates these issues, as the court failed to properly apply the LICA and the PIL Act. This deviation is also analyzed in the paper.

Faezeh Khodabandehlou

The extended Third Law of thermodynamics for nonequilibrium jump processes is studied in previous collaborative papers (Kh et al.,2023) [1,2], where the nonequilibrium heat capacity and the excess heat with the corresponding quasipotential are introduced. The extended Third Law states that the nonequilibrium heat capacity vanishes under two conditions as the temperature approaches zero. The current paper presents a concise overview of key papers addressing the nonequilibrium calorimetry and the nonequilibrium Nernst postulate (the nonequilibrium Third Law of thermodynamics). The quasipotential is a crucial quantity to calculate the nonequilibrium heat capacity. The new result presented in this work includes an interpretation of the quasipotential in terms of the mean time taken by the Markov jump process, starting from a given state, to reach other states for the first time.

Irina Borshch

The article describes the consequences of the «post-secular turn» in social sciences, in particular, in the history of law and the theory of international relations as applied to the study of the Congress of Westphalia and the Peace Treaty of 1648. The author shows how new approaches in the international theory (from realism to constructivism and neorealism) contributed to the criticism of the «secular myth of Westphalia». The author considers new perspectives on the religious issue at the Westphalian Peace Congress in terms of the evolution of public law in Europe. Westphalia is seen as a set of religion ideas, which caused a revolution in the concept and practice of sovereignty and Westphalia as the last Christian Peace. The article discusses the role of the legal principles of religious freedom and the confessional truce of the XVII century in the formation of the Westphalian system of security guarantees in Europe. The changes in the role of the Pope in international law during and after the Westphalian negotiations and the consequences of the Treaty for protestant and catholic conditions are indicated. The study reveals how various Christian denominations participated (ideologically and politically) in the Westphalian negotiations, while discussing the «special case» of Orthodoxy, taking into account the diplomatic rapprochement of Moscow, Stockholm and Paris before the Westphalian Peace Congress.

Dénes Legeza

The promise of reward (Auslobung) is a unique legal institution of copyright and civil law, accepted and widely used in different areas of life for centuries. The promise of reward differs from traditional contracts, because it is defined as a unilateral legal relationship and it affects uses of copyright protected works. This paper analyses how the promise of reward appeared in Roman and Medieval Law, how it was used in practice in Hungarian cultural life in the 19th century and how Hungarian jurisprudence accepted it as a valid matter of fact that generates obligations. The study finally presents how regulations on promise of reward was drafted and regulated in Hungarian legal regulations in the 20th century.

Emese Újvári

In the Roman Empire during the imperial period, in certain cases it was possible to take action against the magistratus municipales who had committed an omission or error in the guardianship order, if the default had (indirectly) caused damage to the ward. The sources suggest that the action which could be brought in such cases, the actio subsidiaria, was an actio poenalis and could not originally be brought against the heirs of the magistratus in the event of his death. Later, however, the heirs of the magistratus could also be sued under certain conditions, in order to provide greater protection for the interests of the ward.

Y. T. Albert Law

In this short note, we review some recent progress in understanding the 1-loop corrections to the Gibbons-Hawking entropy, which amounts to studying free fields on the de Sitter static patch and the round sphere. After briefly surveying the unitary irreducible representations of the de Sitter group $SO(1,d+1)$ and their Harish-Chandra characters, we discuss the Lorentzian interpretation for the 1-loop sphere path integral for a scalar. After that we comment on how the results are modified by edge contributions for spinning fields.

Dennis Campbell

H. V. Petkun, V. V. Nedosekov

“Animal welfare” – is a complex concept that characterizes the physical, mental, and natural state of animals at a given time and the ability to meet their needs. Animal welfare is a hallmark of the world of quality human nutrition and innovative livestock and is the basis for the sustainable development of society. The article aims to research and analyze the legislation on cattle welfare in the EU and Ukraine, highlight their strengths and weaknesses, and introduce proposals for better implementation of Ukrainian legislation in European norms. European legislation covers the welfare of animals during their life on the farm, the welfare during transport, and the welfare of animals during slaughter. This article analyzes in detail the following legal provisions: Directive 98/58/EC on the protection of animals kept for farming purposes, Council Directive 2008/119/EU establishing minimum standards for the protection of calves, Council Regulation 1/2005 covering standards for the transport of animals, Council Regulation № 1099/2009 on the protection of animals at the time of slaughter and ancillary recommendations such as the Council of Europe Recommendation on bovine animals and the OIE Standards for the Welfare of Dairy Cows. Currently, Ukrainian welfare legislation is represented by the Law on the Protection of Animals from Cruelty (2006) and the Law of Ukraine on Veterinary Medicine (1994). These laws do not cover the protection of animal welfare and do not meet modern requirements. In 2014, by signing an agreement with the EU on creating a deep and comprehensive free trade area, Ukraine committed to updating legislation in the animal welfare field and implementing it as much as possible to European standards. Only in 2021, a new law on veterinary medicine was adopted, which has a section on animal welfare and approved five requirements for animal welfare, but the main problem is that they came into force on 01.01.2026. Given that by 2023 the EU plans to improve its legislation in the field of animal welfare, there is a need to accelerate the implementation of the new Law on veterinary medicine in Ukraine. Also necessary are training for farmers to teach and explain new rules, develop a specific regulation with minimum standards for the welfare of cattle and cattle, review shortcomings, and organize discussions with scientists in the field of animal welfare to improve legislation, create a clear roadmap the Law.

Antonis Troumpoukis, Stasinos Konstantopoulos, Nefeli Prokopaki-Kostopoulou

Background: Geospatial linked data brings into the scope of the Semantic Web and its technologies, a wealth of datasets that combine semantically-rich descriptions of resources with their geo-location. There are, however, various Semantic Web technologies where technical work is needed in order to achieve the full integration of geospatial data, and federated query processing is one of these technologies. Methods: In this paper, we explore the idea of annotating data sources with a bounding polygon that summarizes the spatial extent of the resources in each data source, and of using such a summary as an (additional) source selection criterion in order to reduce the set of sources that will be tested as potentially holding relevant data. We present our source selection method, and we discuss its correctness and implementation. Results: We evaluate the proposed source selection using three different types of summaries with different degrees of accuracy, against not using geospatial summaries. We use datasets and queries from a practical use case that combines crop-type data with water availability data for food security. The experimental results suggest that more complex summaries lead to slower source selection times, but also to more precise exclusion of unneeded sources. Moreover, we observe the source selection runtime is (partially or fully) recovered by shorter planning and execution runtimes. As a result, the federated sources are not burdened by pointless querying from the federation engine. Conclusions: The evaluation draws on data and queries from the agroenvironmental domain and shows that our source selection method substantially improves the effectiveness of federated GeoSPARQL query processing.

Nikolina Šajn

On 29 January 2019, the European Parliament and the Council reached a provisional agreement on the European Commission's proposal for a directive regulating the private-law aspects of contracts for the supply of digital content and digital services in the internal market. The directive would, for the first time, harmonise some aspects of such contracts at EU level. The co-legislators agreed that embedded digital content would not be regulated by this directive, but rather by that on sale of goods. They also agreed that the duration of legal guarantees for digital content and services would not be fully harmonised but that national laws should not limit it to less than two years; that for the first year from delivery the burden of proof should be on the supplier; and that traders would be required to provide updates. The directive would also establish what remedies consumers are entitled to and the order in which they can be used. Parliament is expected to vote on the provisional agreement during the March II plenary session.

Marc Serra-Peralta, Joan Serrà, Álvaro Corral

Zipf's law is a paradigm describing the importance of different elements in communication systems, especially in linguistics. Despite the complexity of the hierarchical structure of language, music has in some sense an even more complex structure, due to its multidimensional character (melody, harmony, rhythm, timbre...). Thus, the relevance of Zipf's law in music is still an open question. Using discrete codewords representing harmonic content obtained from a large-scale analysis of classical composers, we show that a nearly universal Zipf-like law holds at a qualitative level. However, in an in-depth quantitative analysis, where we introduce the double power-law distribution as a new player in the classical debate between the superiority of Zipf's (power) law and that of the lognormal distribution, we conclude not only that universality does not hold, but that there is not a unique probability distribution that best describes the usage of the different codewords by each composer.

Xiaojun Zhang, Zheng He, Liwei Zhang et al.

Consensus about the universality of the power law feature in complex networks is experiencing profound challenges. To shine fresh light on this controversy, we propose a generic theoretical framework in order to examine the power law property. First, we study a class of birth-and-death networks that is ubiquitous in the real world, and calculate its degree distributions. Our results show that the tails of its degree distributions exhibits a distinct power law feature, providing robust theoretical support for the ubiquity of the power law feature. Second, we suggest that in the real world two important factors, network size and node disappearance probability, point to the existence of the power law feature in the observed networks. As network size reduces, or as the probability of node disappearance increases, then the power law feature becomes increasingly difficult to observe. Finally, we suggest that an effective way of detecting the power law property is to observe the asymptotic (limiting) behaviour of the degree distribution within its effective intervals.

Karen Lee

International organizations — European Union — Membership — Withdrawal — Treaty on European Union, Article 50 — Notification by United Kingdom of its intention to withdraw from European Union — Whether notification to withdraw made pursuant to Article 50 may be unilaterally revoked by United Kingdom — Whether unilateral revocation of withdrawal notification subject to other conditions — Deadline for revocation — Effects of revocation of Member State’s intention to withdraw from European Union Treaties — Withdrawal — European Union Treaties — Treaty on European Union, Article 50 — Right of withdrawal from European Union — Notification of Member State of its intention to withdraw — Whether notification to withdraw made pursuant to Article 50 may be unilaterally revoked by Member State concerned — Whether unilateral revocation of withdrawal notification subject to other conditions — Deadline for revocation — Effects of revocation of Member State’s intention to withdraw from European Union Treaties — Vienna Convention on the Law of Treaties, 1969, Articles 54, 65, 67 and 68 — Withdrawal of a State from a treaty — Whether notification by State of its intention to withdraw from treaty may be unilaterally revoked by that State — European Union — Treaty on European Union, Article 50 — Whether Article 50 of Treaty on European Union constituting lex specialis in relation to Articles 65, 67 and 68 of Vienna Convention on the Law of Treaties Treaties — Interpretation — European Union Treaties — Treaty on European Union, Article 50 — Right of withdrawal from European Union — Notification of Member State of its intention to withdraw — Whether notification to withdraw made pursuant to Article 50 may be unilaterally revoked by Member State concerned — Whether question of interpretation of Article 50 by referring court admissible — Wording of Article 50 and objectives pursued — Context and European Union law provisions as a whole — Origins of Article 50 — Articles 65, 67 and 68 of Vienna Convention on the Law of Treaties, 1969 — The law of the European Union

P. Boffano, S. Kommers, K. Karagozoglu et al.