Hasil untuk "Law of nations"

Artur Pericles L. Monteiro

This article argues that security is not enough to fully capture what is at stake in government exceptional access to encrypted data. A conception of privacy as security has little to say about ``lawful-surveillance protocols'' -- an active research agenda in cryptography that aims to enable government exceptional access without compromising systemic security. But the limitations are not contingent on the success of this agenda. The normative landscape today cannot be explained if security is all there is to privacy. And fundamental objections to Apple's abandoned client-side scanning system gesture beyond security. This article's contribution is modest: to show that there must be more to privacy than the security mold it has taken. A richer understanding is needed both to assess policy and to guide research on lawful-surveillance protocols.

Mengzhao Chen, Chaoyi Zhang, Jing Liu et al.

Large language models (LLMs) demand substantial computational and memory resources, creating deployment challenges. Quantization-aware training (QAT) addresses these challenges by reducing model precision while maintaining performance. However, the scaling behavior of QAT, especially at 4-bit precision (W4A4), is not well understood. Existing QAT scaling laws often ignore key factors such as the number of training tokens and quantization granularity, which limits their applicability. This paper proposes a unified scaling law for QAT that models quantization error as a function of model size, training data volume, and quantization group size. Through 268 QAT experiments, we show that quantization error decreases as model size increases, but rises with more training tokens and coarser quantization granularity. To identify the sources of W4A4 quantization error, we decompose it into weight and activation components. Both components follow the overall trend of W4A4 quantization error, but with different sensitivities. Specifically, weight quantization error increases more rapidly with more training tokens. Further analysis shows that the activation quantization error in the FC2 layer, caused by outliers, is the primary bottleneck of W4A4 QAT quantization error. By applying mixed-precision quantization to address this bottleneck, we demonstrate that weight and activation quantization errors can converge to similar levels. Additionally, with more training data, weight quantization error eventually exceeds activation quantization error, suggesting that reducing weight quantization error is also important in such scenarios. These findings offer key insights for improving QAT research and development.

Hao Zeng, Kangdao Liu, Bingyi Jing et al.

Conformal prediction is a popular framework of uncertainty quantification that constructs prediction sets with coverage guarantees. To uphold the exchangeability assumption, many conformal prediction methods necessitate an additional holdout set for parameter tuning. Yet, the impact of violating this principle on coverage remains underexplored, making it ambiguous in practical applications. In this work, we empirically find that the tuning bias - the coverage gap introduced by leveraging the same dataset for tuning and calibration, is negligible for simple parameter tuning in many conformal prediction methods. In particular, we observe the scaling law of the tuning bias: this bias increases with parameter space complexity and decreases with calibration set size. Formally, we establish a theoretical framework to quantify the tuning bias and provide rigorous proof for the scaling law of the tuning bias by deriving its upper bound. In the end, we discuss how to reduce the tuning bias, guided by the theories we developed.

Yu Jie Ong

Through a carefully selected set of criminological case studies from both the Global North and the Global South, this article takes on a critical approach on how hegemonic Northern criminological theories have fallen short in their attempts at formulating universally-applicable causative theses. It demonstrates how the field of criminology can be sharpened and brought to compelling new heights through the importation of the alternative Southern criminology, which reifies the need to consider individual, localised contexts on top of global influences in criminological inquiries. Vastly different historical contexts seen in the Global South mean that while the region may produce criminal justice outcomes similar to the Global North, how it derives at such outcomes may diverge greatly from the North. Likewise, countries appearing to share notable commonalities in the South may not produce similar criminological outcomes as one another, unlike what one would usually expect from the North. This cautions against undertaking comparative research based on resemblances and similarities across nations alone, and highlights the need to reconsider the stating points of comparative research and any attempted universalisation of theories. Lastly, criminological trends seen in the North are also responses to what is being brought in from the South in this age of advanced globalisation. Understanding criminological trends already extant in the South allows for a sharpened analysis of modern day Northern law enforcement and why Northern states have responded in certain manners. In its challenging of Northern hegemony and its providence of alternative de-colonial causal theses, as well as its refreshing coverage of what Northern criminology may have overlooked, Southern criminology should be enthusiastically welcomed and incorporated into the field as a means to further refine criminology as a discipline.

Joaquín Arias, Mar Moreno-Rebato, José A. Rodríguez-García et al.

Automated legal reasoning and its application in smart contracts and automated decisions are increasingly attracting interest. In this context, ethical and legal concerns make it necessary for automated reasoners to justify in human-understandable terms the advice given. Logic Programming, specially Answer Set Programming, has a rich semantics and has been used to very concisely express complex knowledge. However, modelling discretionality to act and other vague concepts such as ambiguity cannot be expressed in top-down execution models based on Prolog, and in bottom-up execution models based on ASP the justifications are incomplete and/or not scalable. We propose to use s(CASP), a top-down execution model for predicate ASP, to model vague concepts following a set of patterns. We have implemented a framework, called s(LAW), to model, reason, and justify the applicable legislation and validate it by translating (and benchmarking) a representative use case, the criteria for the admission of students in the "Comunidad de Madrid".

‪Sharee Nanakaly, Mandan mohammed

Abstract:There is no doubt That any developments in the scientific and technological field lead to the development of the concept of some other legal terms, whether in national or international laws; The idea of the international river is a purely legal idea. Therefore, the contemporary trend of the concept of the international river has undergone fundamental changes in it by the International Law Commission of the United Nations, as It tends to abandon the traditional idea of the international river and replace it with the idea of the international drainage basin or the international water network as a natural resource. Common, so we will try in this research to explain the contemporary concept of the international river in light of the technological and scientific development in accordance with contemporary international legal rules and jurisprudential opinions on the subject of the research.

Taimoor Asim, Haval Kukha Hawez

CO₂ geosequestration is an important contributor to United Nations Sustainable Development Goal 13, i.e., Climate Action, which states a global Net-Zero CO₂ emissions by 2050. A potential impact of CO₂ geosequestration in depleted oil and gas reservoirs is the variations in induced pressure across the caprocks, which can lead to significant local variations in CO₂ saturation. A detailed understanding of the relationship between the pressure gradient across the caprock and local CO₂ concentration is of utmost importance for assessing the potential of CO₂ geosequestration. Achieving this through experimental techniques is extremely difficult, and thus, we employ a coupled Computational Fluid Dynamics (CFD) and Finite Element Method (FEM) based solver to mimic sub-critical CO₂ injection in Opalinus Clay under various pressure gradients across the sample. The geomechanical and multiphase flow modelling utilising Darcy Law helps evaluate local variations in CO₂ concentration in Opalinus Clay. Well-validated numerical results indicate favourable sub-critical CO₂ geosequestration under a positive pressure gradient across Opalinus Clay. In the absence of a positive pressure gradient, a peak CO₂ concentration of 5% has been recorded, which increases substantially (above 90%) as the pressure gradient across the sample increases.

Wenlong Li, Jiahong Chen

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

Adejoke T. Odebade, Elhadj Benkhelifa

This study compares the National Cybersecurity Strategies (NCSSs) of publicly available documents of ten nations across Europe (United Kingdom, France, Lithuania, Estonia, Spain, and Norway), Asia-Pacific (Singapore and Australia), and the American region (the United States of America and Canada). The study observed that there is not a unified understanding of the term "Cybersecurity"; however, a common trajectory of the NCSSs shows that the fight against cybercrime is a joint effort among various stakeholders, hence the need for strong international cooperation. Using a comparative structure and an NCSS framework, the research finds similarities in protecting critical assets, commitment to research and development, and improved national and international collaboration. The study finds that the lack of a unified underlying cybersecurity framework leads to a disparity in the structure and contents of the strategies. The strengths and weaknesses of the NCSSs from the research can benefit countries planning to develop or update their cybersecurity strategies. The study gives recommendations that strategy developers can consider when developing an NCSS.

Robert Lee Poe

Employment selection processes that use automated hiring systems based on machine learning are becoming increasingly commonplace. Meanwhile, concerns about algorithmic direct and indirect discrimination that result from such systems are front-and-center, and the technical solutions provided by the research community often systematically deviate from the principle of equal treatment to combat disparate or adverse impacts on groups based on protected attributes. Those technical solutions are now being used in commercially available automated hiring systems, potentially engaging in real-world discrimination. Algorithmic fairness and algorithmic non-discrimination are not the same. This article examines a conflict between the two: whether such hiring systems are compliant with EU non-discrimination law.

Milivoje M. Kostic

This comprehensive treatise is written for the special occasion of the author's 70th birthday. It presents his lifelong endeavors and reflections with original reasoning and re-interpretations of the most critical and misleading issues in thermodynamics; since now, we have the advantage to look at the historical developments more comprehensively and objectively than the pioneers. Starting from Carnot (grandfather of thermodynamics-to-be) to Kelvin and Clausius (fathers of thermodynamics), and other followers, the most relevant issues are critically examined and put in historical and contemporary perspective. From original reasoning of energy forcing and displacement to logical proofs of the fundamental laws, to ubiquity of thermal motion and heat, and indestructibility of entropy, including the new concept of "thermal roughness" and the inevitability of dissipative irreversibility, to "dissecting Carnot true reversible-equivalency" and critical concept of "Carnot-Clausius heat-work equivalency (CCHWE)" regarding the interchangeability of heat and work, and to demonstrating "no hope" for the "challengers" of the Second Law of thermodynamics, among others, are offered. It is hoped that the novel contributions presented will enhance comprehension and resolve some of the fundamental issues, as well as promote collaboration and future progress.

Sopho Verdzeuli

The interrelation between the law and politics permeates contemporary discussions of constitutional and statehood issues. Law and legal formalism have penetrated many areas, which were traditionally considered political, which has created a trend of juridification of politics globally. Juridification at the expense of reducing the role of political institutions, is provided by strengthening formal-legal systems. The struggle and change of balance between the “political” and the “legal” are characterized by a number of complex and contradictory outcomes. The aim of the presented work is to investigate the trend of juridification in Georgia in the light of the reform of the justice sector. For this purpose, the paper examines changes implemented in the judicial and prosecution systems within the framework of the 2017-2018 constitutional reform. The paper tries to answer two main questions: whether the constitutional reform strengthened juridification trend in Georgia, and what problematic/contradictory results may be associated with such a reform strategy.

Moutaz A W Abdul Mounam

Background: Nowadays, a lot of food products are produced in large quantities in factories. Milk and its derivatives are among the most important and well-known things that may be mentioned. Due to the industrialization of many nations, heavy metals are regarded as the most significant contaminants and have an impact on the presence of these substances in milk and dairy products. The toxicity of different heavy metals on human health, as well as their sources in milk and other dairy products are all represented in the current review paper, which focuses on methodologies and regulatory constraints for heavy metals in milk. The study also examines the frequency of heavy metals detected in milk samples from Iraq, a few other nations in Asia, South America, the United States, and Africa, as well as a few instances from Europe. strategies to lessen the number of heavy metals in milk and its products or stop them from contaminating such foods. Conclusion: Heavy metals have several health risks. Heavy metal exposure is especially prevalent in young age and the elderly due to milk drinking. Due to rapid industrialization and urbanization, law enforcement, and less restrictions, developing countries have high heavy metal levels in milk. Wealthy countries have less heavy metal pollution. Milk samples had significant lead and cadmium levels, requiring strict environmental and health protections.

Cristina

Erick Cuba Meneses

Los contratos son instrumentos para la distribución y asignación de riesgos entre las partes que lo suscriben. Durante la negociación, las partes buscarán asumir la menor cantidad de riesgos posible y estructurarán el contrato a partir de su capacidad para trasladar al reglamento contractual sus particulares intereses. Sin embargo, cuando se trata del Estado, este traslada al contrato el mayor interés de todos: el interés público. Esto tiene una repercusión trascendental en la forma en que los riesgos son asignados o, incluso, en los tipos de riesgos que deben preverse y las soluciones que se adoptarán en caso se materialicen. Además, de los contratos celebrados bajo el sistema de inversión pública, un claro ejemplo de lo anterior son los contratos de participación público-privada (más conocidos como Asociación Público-Privada). La doctrina internacional (especialmente de habla inglesa) ha creado distintos criterios orientadores para la asignación de los riesgos en contratos de APP y, en el caso peruano, el Ministerio de Economía y Finanzas ha emitido directrices al respecto, dada la importancia de una adecuada asignación de riesgos para una sana ejecución contractual, tomando en cuenta que este tipo de contratos tienen una larga duración. Ello repercute en un mayor bienestar social (infraestructura y servicios públicos en menor tiempo y de mayor calidad). Este trabajo se enfoca en evaluar los distintos criterios de asignación de riesgos y ponderar la importancia de adoptar acuerdos sobre ellos.

Hanh Hong Pham, Tuan Van Vu

The current political tension among developed states and developing nations regarding the exploration, exploitation, benefit-sharing, and conservation of marine genetic resources (MRGs) in ungoverned areas beyond national jurisdiction (ABNJ) requires a new marine, regulative regime, which is considered as the premise for the creation of the international consensus of promulgating the ‘Common Heritage of Mankind’ principle (CHM). This study employed desk research methods to synthesize, compare, and analyze UNCLOS (1982), Nagoya Protocol (2014), ongoing ILBI sessions, and other recent studies to figure out the regulatory gap within the Law of the Sea under UNCLOS. By carefully generalizing and scrutinizing the documentation, the study strongly emphasizes the necessity to implement the CHM principle in ABNJ instead of promoting the concept of ‘first come, first served’ basis for the sake of the equitable sharing of benefits, and the conservation of MGRs in ABNJ for the current and future generations. The study also provides the connotations of CHM principle, which serves theoretical basis for some marine management approaches. Consequently, these perspectives stem from a representative developing state with a long coastal line – Vietnam. The general, theoretical, and practical viewpoints would significantly contribute to current and future international law-making process with respect to the formulation of a new legal marine regime for regulating the exploitation, equitable access, and conservation of MGRs in ABNJ according to the ideal concept of CHM principle thereof.

Kirthana Singh Khurana

The paper attempts to trace the evolution of the concept of Corporate Social Responsibility (CSR) and seeks to gather how it turned out to be a boon for the developing nations of the world, particularly countries like India. By the path-breaking promulgation of the Companies Act, 2013, CSR was made mandatory in India, for companies meeting the financial thresholds mentioned in Section 135 of the Act. The author seeks to study the journey of CSR in India, the present law, and the latest amendments made to the same in recent times. The paper evaluates the rationale behind the mandatory CSR law and how it can be a game-changer in India Inc.’s commitment to social causes. The author has also suggested how the mandatory CSR regime in India can be further strengthened to contribute meaningfully, particularly in the fields of education and healthcare, through better project identification, stronger execution linkages, an overhaul of the board committees, flexible and pragmatic government rules, and synchronization of the corporate CSR activities with the lead programmes of the Government of India. These reinforcements can go a long way in making the CSR approach much more effective and value accretive.

Bernd Blasius

COVID-19 is an emerging respiratory infectious disease caused by the coronavirus SARS-CoV-2. It was first reported on in early December 2019 in Wuhan, China and within three month spread as a pandemic around the whole globe. Here, we study macro-epidemiological patterns along the time course of the pandemic. We compute the distribution of confirmed COVID-19 cases and deaths for countries worldwide and for counties in the US, and show that both distributions follow a truncated power-law over five orders of magnitude. We are able to explain the origin of this scaling behavior as a dual-scale process: the large-scale spread of the virus between countries and the small-scale accumulation of case numbers within each country. Assuming exponential growth on both scales, the critical exponent of the power-law is determined by the ratio of large-scale to small-scale growth rates. We confirm this theory in numerical simulations in a simple meta-population model, describing the epidemic spread in a network of interconnected countries. Our theory gives a mechanistic explanation why most COVID-19 cases occurred within a few epicenters, at least in the initial phase of the outbreak. Assessing how well a simple dual-scale model predicts the early spread of epidemics, despite the huge contrasts between countries, could help identify critical temporal and spatial scales of response in which to mitigate future epidemic threats.

Kaspar Rosager Ludvigsen, Shishir Nagaraja

Over the last decade, surgical robots have risen in prominence and usage. For surgical robots, connectivity is necessary to accept software updates, accept instructions, and transfer sensory data, but it also exposes the robot to cyberattacks, which can damage the patient or the surgeon. These injuries are normally caused by safety failures, as seen in accidents with industrial robots, but cyberattacks are caused by security failures instead. We create a taxonomy for both types of failures in this paper specifically for surgical robots. These robots are increasingly sold and used in the European Union (EU); we therefore consider how surgical robots are viewed and treated by EU law. Specifically, which rights regulators and manufacturers have, and which legal remedies and actions a patient or manufacturer would have in a single national legal system in the union, if injuries were to occur from a security failure caused by an adversary that cannot be unambiguously identified. We find that the selected national legal system can adequately deal with attacks on surgical robots, because it can on one hand efficiently compensate the patient. This is because of its flexibility; secondly, a remarkable absence of distinction between safety vs security causes of failure and focusing instead on the detrimental effects, thus benefiting the patient; and third, liability can be removed from the manufacturer by withdrawing its status as party if the patient chooses a separate public law measure to recover damages. Furthermore, we find that current EU law does consider both security and safety aspects of surgical robots, without it mentioning it through literal wording, but it also adds substantial liabilities and responsibilities to the manufacturers of surgical robots, gives the patient special rights and confers immense powers on the regulators.

Pedro Estevam Alves Pinto Serrano, Renata Possi Magane

Temos estudado e observado o fenômeno do autoritarismo estatal nas democracias contemporâneas latino-americanas no século XXI há algum tempo, sobretudo a partir dos golpes de Estado perpetrados contra governos legitimamente e democraticamente eleitos, a exemplo do ocorrido em Honduras, Paraguai e Brasil, nesse último, com a decretação do impeachment da Presidenta Dilma Rousseff em 2016, denunciando o papel que o Sistema de Justiça Criminal desempenhou como agente produtor dessas medidas em que o Judiciário ao invés de corrigir as ilegalidades cometidas, legitimou, por meio da construção de retóricas meramente performáticas, verdadeiros “golpes” perpetrados contra a democracia desses países. Este artigo tem como objetivo ampliar a abordagem de análise do fenômeno do autoritarismo estatal a fim de comprovar que a estratégia adotada nos casos mencionados, mais do que meras distorções e aporias ocasionais, constitui-se em fraude institucionalizada e verdadeira técnica de governabilidade de exceção permanente que se utiliza das leis e das autoridades democráticas para perpetrar inadmissível corrupção sistêmica e impor um Estado autoritário, permitindo a gestão e eliminação dos indesejáveis, dentro do que se convencionou denominar “racionalidade neoliberal”.