Hasil untuk "Public law"

L. Thurstone

J. Habermas

Elizabeth Sepper, D. Dinner

Yinuo Zou, Yuefeng Lyu, Guan Li et al.

The relationship between ecosystem services (ESs) and human well-being (HWB) is a central issue of sustainable development. However, current research often relies on qualitative frameworks or indicator-based assessments, limiting a comprehensive understanding of the relationship between natural environment and human acquisition, which still needs to be strengthened. As an element transferred in the natural–society coupling system, carbon can assist in characterizing the dynamic interactions within coupled human–natural systems. Carbon, as a fundamental element transferred across ecological and social spheres, offers a powerful lens to characterize these linkages. This study develops and applies a novel analytical framework that integrates carbon flow as a unifying metric to quantitatively assess the spatiotemporal dynamics of the land use and land cover change (LUCC)–ESs–HWB nexus in Guizhou Province, China, from 2000 to 2020. The results show that: (1) Ecosystem services in Guizhou showed distinct trends from 2000 to 2020: supporting and regulating services declined and then recovered, and provisioning services steadily increased, while cultural services remained stable but varied across cities. (2) Human well-being generally improved over time, with health remaining stable and the HSI rising across most cities, although security levels fluctuated and remained low in some areas. (3) The contribution of ecosystem services to human well-being peaked in 2010–2015, followed by declines in central and northern regions, while southern and western areas maintained or improved their levels. (4) Supporting and regulating services were positively correlated with HWB security, while cultural services showed mixed effects, with strong synergies between culture and health in cities like Liupanshui and Qiandongnan. Overall, this study quantified the coupled dynamics between ecosystem services and human well-being through a carbon flow framework, which not only offers a unified metric for cross-dimensional analysis but also reduces subjective bias in evaluation. This integrated approach provides critical insights for crafting spatially explicit land management policies in Guizhou and offers a replicable methodology for exploring sustainable development pathways in other ecologically fragile karst regions worldwide. Compared with conventional ecosystem service frameworks, the carbon flow approach provides a process-based, dynamic mediator that quantifies biogeochemical linkages in LUCC–ESs–HWB systems, which is particularly important in fragile karst regions. However, we acknowledge that further empirical comparison with traditional ESs metrics could strengthen the framework’s generalizability.

Elena Emilia ȘTEFAN

The activity of public authorities is subject to the control of legality performed by the administrative courts, according to the law. On the basis of art. 52 of the Constitution, persons aggrieved in their legitimate rights and interests often complain before the courts that the administration fails to give reasoning on the administrative acts. At EU level, the Charter of Fundamental Rights of the European Union stipulates that giving reasons for administrative acts is a component of the right to good administration. In this context, the aim of this paper is to analyze the relevant case-law in order to be able to observe the national administrative contentious judge's opinion on the reasoning of administrative acts, in the sense of whether this formality is mandatory or not for the issuing public authority. In terms of the research methodology, the structure of the paper has two main components, a theoretical one, namely it will describe the state of the legislation applicable to the reasoning of administrative acts, then it will focus on the practical component, in order to understand what problems arise in the work of public administration in this aspect. The proposed subject is topical, practical and of general interest. Using specific legal methods, the conclusion of the paper will be emphasized, namely that the reasoning is a condition for the legality of the administrative act, without which the proper functioning of public administration would be questioned.

Ana-Maria Coatu, Felix-Angel Popescu, Laurențiu Petrila

This study explores how socio-economic factors affect the effectiveness of public accountability frameworks in EU member states, with Romania as a case study. Using data from the World Bank, Eurobarometer, and cross-country comparisons, it identifies five key determinants: income inequality, education, healthcare access, political participation, and economic stability. Grounded in institutional theory, the research shows that inclusive institutions and lower disparities lead to stronger accountability, while weaker frameworks often reinforce inequality and corruption. For Romania, the study recommends boosting transparency, enforcing anti-corruption measures, improving rural-urban equity, and enhancing civic education to strengthen the link between citizens and institutions.

Yaoben Lin, Xuewen Wang, Guangyu Li et al.

Farmland use regulation strictly regulates the conversion of agricultural land for other agricultural purposes and the construction of agricultural facilities, thereby optimizing the land use pattern in rural areas. However, different measures and intensities of farmland use regulation can affect the overall performance of green and low-carbon development in rural areas. This study utilizes system dynamics modeling and simulation to conduct a case study based on current land use data from 10 towns in Liyang City, China. The empirical results indicate the following: (1) Based on comprehensive measurements of green and low carbon development performance, Liyang City exhibits a pattern of higher indices in the south and lower indices in the north. Towns such as Tianmu Lake, Daibu, and Shezhu show relatively high average comprehensive indices of 0.31, 0.30, and 0.28, significantly higher than other towns. (2) Simulation of farmland use regulation’s impact on green and low carbon development performance reveals that Scenario One, involving additional construction land occupying farmland, achieves a comprehensive index of only 0.23, significantly lower than the other scenarios. (3) Based on calculations and field surveys, Liyang City’s villages are categorized into four types, with the largest number being industry-integrated villages (94 villages). Accordingly, policies for farmland use regulation are designed for different village types. Therefore, future farmland use regulation should be tailored with differentiated institutional designs according to the development needs of different villages. This study’s findings provide insights into green and low-carbon development in rural areas.

Li-Chen Cheng, Wei-Ting Lu, Benjamin Yeo

Abstract In 2021, the abnormal short-term price fluctuations of GameStop, which were triggered by internet stock discussions, drew the attention of academics, financial analysts, and stock trading commissions alike, prompting calls to address such events and maintain market stability. However, the impact of stock discussions on volatile trading behavior has received comparatively less attention than traditional fundamentals. Furthermore, data mining methods are less often used to predict stock trading despite their higher accuracy. This study adopts an innovative approach using social media data to obtain stock rumors, and then trains three decision trees to demonstrate the impact of rumor propagation on stock trading behavior. Our findings show that rumor propagation outperforms traditional fundamentals in predicting abnormal trading behavior. The study serves as an impetus for further research using data mining as a method of inquiry.

Adetayo Olaniyi Adeniran, Feyisola Olajire Akinsehinwa, Samuel Oluwaseyi Olorunfemi

Abstract Background In the global world that is technologically driven, efficiency and productivity of businesses that have decided to embrace technology are achieved by e-commerce logistics (ECL). E-commerce logistics has received momentous attention in the developed countries but less attention in the developing countries. There have been some elements of uncertainty regarding the relevance of e-commerce logistics especially in the developing countries. To fill this gap, this study explored the factor influencing the acceptance and patronage of e-commerce logistics in Nigeria. Methods The following e-commerce and logistics businesses: Jumia, Konga, Kobo360, Breath2Wealth, Okrikah, DeliveryBros, Cartehub, STYLISTAA, and DayDone Limited, were explored in this study. The organizations were chosen because they were known for both e-commerce and logistics business. Qualitative research method and case study research design were employed for data collection through a purposive sampling technique. Primary data were targeted at two representatives from each organization. Conclusions The study found that external factors, political situation, government initiatives, economic situation, geographical situation, technology infrastructure, sociocultural situation, and public wakefulness have significant influence on the acceptance and patronage of e-commerce logistics in Nigeria. The study also found that many e-commerce companies also venture into distribution, thereby providing some level of logistics such as warehousing, packaging, and transportation, but they were not well informed that their operation is beyond e-commerce. It is therefore recommended that such organization should include logistics to their operation. E-commerce logistics organization should clearly state their terms and condition regarding the law of carriage which should be in accordance to the Nigeria law of Carriage.

Yasuyuki Nakamura, Akira Narita, Yoichi Sutoh et al.

Recent genome-wide association studies (GWAS) on the dietary habits of the Japanese population have shown that an effect rs671 allele was inversely associated with fish consumption, whereas it was directly associated with coffee consumption. Although meat is a major source of protein and fat in the diet, whether genetic factors that influence meat-eating habits in healthy populations are unknown. This study aimed to conduct a GWAS to find genetic variations that affect meat consumption in a Japanese population. We analysed GWAS data using 14 076 participants from the Japan Multi-Institutional Collaborative Cohort (J-MICC) study. We used a semi-quantitative food frequency questionnaire to estimate food intake that was validated previously. Association of the imputed variants with total meat consumption per 1000 kcal energy was performed by linear regression analysis with adjustments for age, sex, and principal component analysis components 1–10. We found that no genetic variant, including rs671, was associated with meat consumption. The previously reported single nucleotide polymorphisms that were associated with meat consumption in samples of European ancestry could not be replicated in our J-MICC data. In conclusion, significant genetic factors that affect meat consumption were not observed in a Japanese population.

Guler Aras

M. Salikov

The article considers the phenomenon of federal relations in modern Russia from a theoretical and normative point of view. Studying related categories, such as federalism, federation and federal system, the author comes to the conclusion that it is federal relations, which by their nature are purely legal relations, are the core of any federal system. It is the analysis of the dynamics of development of these relations that shows the viability of a particular federal system. Using the concept of systems theory, the author reveals the structure of federal relations, which includes their subjects, objects and content. In turn, the content of federal relations can be revealed using the principles of both the horizontal and the vertical separation of powers. In this regard, not only normative regulation (the Constitution, federal and regional laws), but also judicial practice are of great importance: namely, decisions of the Constitutional Court of the Russian Federation, which handed down a significant number of decisions revealing the essence of federal relations in specific cases and resolving existing problems. The development of the federal system, and, consequently, the actual federal relations can be traced in examples of an institutional and regulatory nature. Vivid examples of this development are structural changes in the federal system associated with the formation of a new constituent entity of the federation and the adoption of a new constituent entity in the federation. Such examples have occurred in modern Russia, although in the case of the adoption of new entities in the current regulatory framework, certain problems are found that should be eliminated by making appropriate amendments to the law governing the procedure for such adoption. The COVID-19 pandemic, unfortunately, has affected virtually every nation in the world. The relationship between the federal center and the constituent entities of the federation in such an extraordinary situation has been affected too and has undergone certain changes. Their analysis cannot but lead to a correction of the normative regulation of federal relations in the event of similar situations in the future. Amendments to the Constitution of the Russian Federation have affected a large layer of public relations. Federal relations are no exception, since the “Federated Structure” section of the Constitution includes a number of rather interesting changes.

Marilin Ascanio Pacheco

El presente artículo tiene por objeto examinar la importancia de los principios generales de la contratación pública incorporados en el Acuerdo de Libre Comercio entre la República de Chile y la República de Colombia. El análisis se realiza a partir del estudio de la evolución global de los principios de igualdad, no discriminación, transparencia, libre concurrencia y publicidad. Estos principios han generado la unificación de criterios y la reglamentación existente en esta disciplina, así como la formación de un derecho común que se basa en la prohibición de cualquier tipo de discriminación por razón de nacionalidad, y como garante de las relaciones comerciales encaminadas a avanzar en materia de contratación pública.

G.V. Burganova, R.R. Rahmatullin

The paper considers the problem of the concept and signs of counteraction to the investigation of crimes. The positions of various legal scholars of the conceptual apparatus of counteraction have been analyzed in detail. The definition of counteraction to the investigation of crimes has been elaborated. The idea has been introduced that the disclosure and investigation of the overwhelming number of crimes is carried out under countering conditions, which makes it difficult to achieve the objectives of the criminal process in specific cases, leads to the situation when many committed illegal acts and omissions remain undetected, and a number of the identified crimes remain undisclosed. Indisputable is the assertion that forensic science plays the main role in shaping the conceptual framework for overcoming counteraction to the detection and investigation of crimes (judicial investigation). At the present stage of research, we can argue about the beginning of the formation of a new forensic doctrine – the doctrine of countering the detection and investigation of crimes (judicial proceedings) and the methods and methods for overcoming them. This vector of development of forensic science is relevant due to practical necessity, the actual state of affairs, as well as the essence of law, which obliges to respond to all the processes occurring in public life.

Alexandre Antônio Bruno da Silva, Whenry Hawlysson Araújo Silveira

Globalization is a process that has promoted significant changes in the inner workings of global production chains. Moreover, capital, which is embodied in various forms of labor relations, can and in some current cases exploits, even now, its labor force. Furthermore, this research is structured in two segments. The first analyzes how large companies use labor exploitation in order to reduce production costs and maximize profits, dissociating themselves from the responsibilities that they have in relation to their laborers that are an important part of their internal structure. The second investigates whether these companies can be held responsible for the exploitation of their employees – whom are part of their production network. In conclusion, this study demonstrates the context in which public policies fight contemporary slave labor in Brazil, highlighting the complexities of implementing these policies.

Juraj Jankuv

The presented study aims to identify and to analyse key moments of evolution, present form as well as institutional support of international regime of air space in the spirit of existing customary, treaty and non-binding soft law norms of international public law, and briefly even in the spirit of rules of the European Union. Special attention will be paid to the issue of interaction between the international airspace regime and international environmental law in the area of protection of climate. These analyses will allow us to identify the most important problems and challenges of international aircraft law as one of the important sub-sections of international public law.

Adam Lazowski

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(3), 797-802 | Editorial | (Abstract) The political developments in Poland, which took place in course of the past two years, have brought very chilling eastern winds to Brussels. Interestingly enough the most recent episode in the polish saga is not related to any of its domestic constitutional issues but rather to a woodworm, which populates some of the Polish forests and, as it happens, it is the arch-enemy of the Poland's Minister of Environment. The latter decided to employ its strongest armoury and for months now has been proceeding with a large-scale logging of primeval Białowieża Forest, which is a UNESCO protected site and a habitat of many animals, including some of the endangered species. According to the European Commission, the actions of the Polish authorities constitute a breach of two EU environmental directives. Bearing in mind the scale of the cull and the pace of it, the European Commission filed for an interim order requesting suspension of the logging. This was entertained by the Court of Justice almost in an instant, yet on temporary basis, until the judges conduct an in-depth enquiry whether the request made by the applicant has merits. The woodworm case has exposed a number of interesting phenomena. The story of Polish woodworm games not only encapsulates the weaknesses of the EU law enforcement machinery but it also unveils, once again, a paradox. The EU's toolbox provides ammunition that can be used in case of breach of EU legislation proper. However, it leaves the EU almost toothless when it comes to cases of flagrant breaches of rule of law. To put it differently, the European Commission may take a Member State to the Court of Justice, and have the latter impose penalties for logging of a forest in breach of EU environmental law. Yet, when the Member State undermines the independence of judiciary, by making its Minister of Justice a key player in judicial appointments and dismissals and, at the same time, a chief public prosecutor, the European Commission can only trigger its Rule of Law Mechanism and adopt non-binding recommendations or reasoned opinions.

М. V. Lesnikova

The national system for workforce training in professional-technical education institutions (PTEI) fulfill less than the third part of its key tasks: supply of the domestic economy with the skilled staff in conformity with the labor market needs, balancing of demand and supply of the workforce with due consideration to priority areas of the economic development. The main source of data on the labor market is statistical information collected by the State Employment Service. According to experts, the State Employment Service does not adequately provide the real picture across the labor market, because it administers mostly vacancies with low salary rates or ones not demanding high professional qualifications. Considering the above said, modernization of the education statistics on professional-technical education (PTE) is greatly important as a means for regulating interactions between the market of education services and the labor market. As of 01.01.2017, the PTEI network covered 810 education institutions (not including PTEI in Donetsk and Luhansk regions, located in the antiterrorist operation area), with quite even distribution of PTE institutions across the regions. Drawbacks of the professional education system, not properly adapted to future needs of the domestic economy, resulted in low competitiveness of most part of the youth at the labor market due to lack of professional competencies or lack of the required qualifications and skills. The scopes and professional and qualifications structures of professional training in PTE I are, by large, do not correspond with the employers’ needs. The main indicator reflecting the correspondence of the scopes and the professional and qualifications structure of PTEI graduates to the needs of domestic labor market is the integral coefficient of balance between demand and supply of the workforce trained in PTEI. The key components in the new model for statistical reporting on PTE are as follows: setting the conformity between the nomenclature of definitions (terms) for statistical reporting forms on PTE with definitions (terms) adopted in the Law of Ukraine “On Education”; inclusion of the indicator on PTE costs, by profession (or groups of professions) and source of financing; inclusion of the indicators reflecting the observance of PTE standards for persons with special needs, considering their individual mental, intellectual, physical and sensor abilities. The essential mechanisms for solutions of problems related with PTE development in Ukraine involve building up the institutional framework to implement the new innovative model for regulation of professional training by the principle of public-private-government partnership, i. e. engaging all the resources available with stakeholders and their as more extensive as possible adaptation of foreign (international) approaches and analogues that have proved their durable effectiveness.

Sheyla Suruagy Amaral Galvão do Vale, Thaiana Coelho Midlej

A concretização do direito à saúde pelo Poder Público ainda é um dos assuntos mais controversos e questionados da atualidade, uma vez que não é só a falta de planejamento e desídia do Administrador Público em efetivar as políticas públicas que geram o caos nesta seara, principalmente quando trata-se de fornecimento de medicamentos à população. O problema vai muito mais além, acarretando em um estado de violação massiva e sistêmica do direito fundamental à saúde em decorrência dos bloqueios políticos institucionais. Assim, o presente articulado tem por objetivo apresentar as dificuldades e soluções quanto ao planejamento e gestão da Administração Pública, através de análise crítica com pesquisa doutrinária e jurisprudencial, concluindo-se que somente com mais eficiência na formulação de políticas públicas, com proposição de critérios e parâmetros, será efetivada a aquisição tempestiva dos medicamentos e outros materiais hospitalares, evitando-se, assim, o seu desabastecimento e que o acesso a serviços de saúde se transforme em mais um fator de iniquidade.

Mara Ambrosina de Oliveira Vargas, Flávia Regina Souza Ramos, Dulcinéia Ghizoni Schneider et al.

Pesquisa qualitativa, cujo objetivo foi descrever as situações vivenciadas e os dilemas éticos dos enfermeiros no percurso de encaminhamento e recebimento, por ordem judicial, de pacientes com indicação de internação em Unidade de Terapia Intensiva (UTI). Foi efetivada entrevista parcialmente estruturada com 10 enfermeiros, que atuam em UTI e 10 que atuam em emergência de hospitais públicos e privados da região metropolitana de Porto Alegre, Brasil. Os dados foram submetidos à análise temática. Os resultados indicam que os enfermeiros vivenciam dilemas éticos consequentes aos problemas de superlotação das UTI e das emergências, da precária tecnologia especializada, da orientação quanto ao benefício concedido pela lei. Concluiu-se que é fundamental a participação dos enfermeiros em debates que possibilitem mapear as diferentes instâncias que têm promovido esta situação, muitas vezes caótica.<br>Investigación cualitativa cuyo objetivo fue describir las situaciones vividas y los dilemas éticos de los enfermeros en el transcurso del envío y recibimiento por orden judicial de pacientes con indicación de internamiento en la Unidad de Cuidados Intensivos (UCI). Se realizó una entrevista parcialmente estructurada con 10 enfermeros que actuaban en la UCI y 10 que actuaban en Emergencias de hospitales públicos y privados de la región metropolitana de Porto Alegre, Brasil. Los datos fueron analizados según el Análisis Temático. Los resultados indican que los enfermeros experimentan dilemas éticos consiguientes problemas de hacinamiento en emergencia y UCI, especialista en tecnología pobre, la orientación en cuanto a los beneficios establecidos por la ley. Se concluye que es fundamental la participación de los enfermeros en debates que posibiliten mapear las diferentes instancias que han promovido esta situación muchas veces caótica.<br>A qualitative study aimed at describing the situations experienced and the ethical dilemmas of nurses in the process of referring and receiving hospitalized patients by court order who require admission to the Intensive Care Unit (ICU). A partially structured interview was conducted with 10 nurses who worked in the ICU and 10 who worked in the Emergency Room (ER) in public and private hospitals in the metropolitan area of Porto Alegre, Brazil. The data was analyzed following the Semantic Analysis. The results indicated that nurses experienced ethical dilemmas associated with problems of overcrowding in emergency rooms and ICUs, poor specialized technology and orientation as to the benefits provided by law. We concluded that it is essential for nurses to participate in discussions that allow the planning of the different instances that have been promoting this often chaotic situation.