Journal articles on the topic 'Clause Strengthening'
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De Angelis, Emanuele, Fabio Fioravanti, Alberto Pettorossi, and Maurizio Proietti. "Contract Strengthening through Constrained Horn Clause Verification." Electronic Proceedings in Theoretical Computer Science 373 (November 22, 2022): 23–34. http://dx.doi.org/10.4204/eptcs.373.3.
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Carwan, Carwan, and Sari Indah Lestari. "Use Of Standard Clauses in Transactions Therapeutics Based on Regulation Theory." International Journal of Social Service and Research 3, no. 11 (November 14, 2023): 2735–45. http://dx.doi.org/10.46799/ijssr.v3i11.576.
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The standard informed consent clause is prepared and formed by one of the parties to make it easier for doctors and patients to create a therapeutic agreement. One of the parties designed and developed this standard clause to make it easier for doctors and patients to form a therapeutic contract. However, in practice, it is found that the application of standard clauses prepared in advance by hospitals or doctors is only concerned with signatures and has an impact of dissatisfaction that is detrimental to patients. The research method used is juridical-normative. The results showed that based on the theory of legislation, normatively, the standard clause does not violate the principle of freedom of contract because the standard informed consent clause in the Therapeutic Transaction is a form of the initiative of doctors and hospitals as parties who have more expertise to form the main guidelines for doctors and patients in carrying out health services. In Decision Number 63/Pdt.G/2021/PN Kpn, the use of standardized informed consent clauses in therapeutic agreements provides repressive legal protection in the trial and has a positive influence, namely strengthening informed consent as vital and valid evidence in the problem because it has guided whether medical actions are carried out by the agreed actions, SP, SOP, and patient needs.
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Can, Cheng, and Zhihui Wang. "Difficulties and Optimization Paths of the Application of "Cross-default" Clause in Chinese Real Estate Corporate Bonds." Advances in Economics, Management and Political Sciences 25, no. 1 (September 13, 2023): 148–58. http://dx.doi.org/10.54254/2754-1169/25/20230489.
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Since the second half of 2021, the collapse of the Chinese real estate market has resulted in a large number of bond defaults by real estate companies. Among many constraint clauses, the "cross-default" clause has caused considerable problems in triggering and enforcement due to its late introduction in China and the lack of guidance on its application. This paper analyzes the difficulties in the application of the real estate "cross-default" clause and proposes optimization paths based on the differences and similarities of regulations between domestic and foreign markets. This will help Chinese real estate companies to use the "cross-default" clause more effectively and protect the interests of bond issuers and holders. The paper adopts the method of legal regulation analysis and case analysis, focusing on the actual application of the "cross-default" clause in the Chinese market including unclear triggering conditions and a lack of effective enforcement methods. The paper proposes optimization plans including strengthening government supervision, improving laws and regulations, optimizing bond issuance mechanisms, and enhancing credit ratings of bond issuers. The significance of the research lies in providing practical recommendations and measures to improve the operation mechanism of the Chinese bond market, and to provide reference and guidance for Chinese real estate companies in risk management.
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Burgess, Mark Alexander, Charles Gretton, Josh Milthorpe, Luke Croak, Thomas Willingham, and Alwen Tiu. "Dagster: Parallel Structured Search." Proceedings of the AAAI Conference on Artificial Intelligence 37, no. 13 (June 26, 2023): 16404–6. http://dx.doi.org/10.1609/aaai.v37i13.27060.
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We demonstrate Dagster, a system that implements a new approach to scheduling interdependent (Boolean) SAT search activities in high-performance computing (HPC) environments. Our system takes as input a set of disjunctive clauses (i.e., DIMACS CNF) and a labelled directed acyclic graph (DAG) structure describing how the clauses are decomposed into a set of interrelated problems. Component problems are solved using standard systematic backtracking search, which may optionally be coupled to (stochastic dynamic) local search and/or clause-strengthening processes. We demonstrate Dagster using a new Graph Maximal Determinant combinatorial case study. This demonstration paper presents a new case study, and is adjunct to the longer accepted manuscript at the Pacific Rim International Conference on Artificial Intelligence (2022).
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Fernandes, Wanderley, and Jéssica Ricci Gago. "Extensão Objetiva da Cláusula Arbitral." Revista Brasileira de Arbitragem 11, Issue 43 (September 1, 2014): 33–58. http://dx.doi.org/10.54648/rba2014035.
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ABSTRACT: The growth and strengthening of arbitration in Brazil after the ruling by the Brazilian Supreme Court on the proceedings number SE 5206, through which the en banc Court ruled for the constitutionality of several sections of the Brazilian Arbitration Law (Federal Law number 9.307, dated September 23rd, 1996) raised many and new challenges for the consolidation of arbitration as a trustworthy dispute resolution alternative. This work analyses one of the polemic questions that arose, which is the possibility of extension of the objective effects of the arbitration clause in linked contracts. The theme regards the enforceability per relationem of the arbitration clause which is not expressly provided in a determined and specific contract, although it integrates several linked contracts which compose a complex relationship between the same parties. Both arguments which ground the favorable and unfavorable opinions concerning the extension of the objective effects of the arbitration clause were raised and the research sought to identify which of those arguments better adjust to Brazilian Law. The conclusion is for the possibility of the extension of the objective effects of the arbitration clause concerning linked contracts in complex economic relationships between the same parties.
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Zhang, Daqun. "Towards multiple hyperTheme: Theme beyond the clause." Text & Talk 37, no. 6 (September 20, 2017): 663–81. http://dx.doi.org/10.1515/text-2017-0026.
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Abstract Theme, the building block for the Textual Metafunction in Systemic Functional Linguistics (SFL), is itself an element at the clause rank. Its function and application, however, can only be fully recognized in the unfolding discourse. This article extends multiple Theme to the discourse level and proposes the notion of multiple hyperTheme that exists beyond the clause, with a view to developing the system of Theme in SFL and strengthening its role in discourse analysis. The article begins with an overview of the historical development of Theme, primarily reflecting on hyperTheme initiated by Daneš (1974, Functional sentence perspective and the organization of the text. In Daneš František (ed.), Papers on functional sentence perspective, 106–128. The Hague: Mouton) and developed by Martin (1992a, English text: System and structure. Philadelphia: John Benjamins) and Martin and Rose (2003, Working with discourse: Meaning beyond the clause. London: Continuum). By redefining hyperTheme and suggesting that it should not just be confined to the ideational dimension, this article introduces multiple hyperTheme which may cover the three strands of meaning (ideational, interpersonal and textual), offering a more delicate system of hyperTheme in SFL. The complexities and delicacies of different elements within the category of multiple hyperTheme are illustrated in its various patterns such as Interpersonal ^ Ideational, Textual ^ Ideational, Textual ^ Interpersonal ^ Ideational, Textual ^ Textual/Interpersonal ^ Ideational and Interpersonal/Textual ^ Ideational. Furthermore, the subtle configuration of the interpersonal and the ideational meanings in one grammatical sentence may blur the distinction between multiple hyperTheme and simple hyperTheme, especially when there is no obvious textual element involved.
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Trobevšek Drobnak, Frančiška. "Expanded tenses in the old English orosius a syntactic strengthening*." Linguistica 30, no. 1 (December 1, 1990): 13–46. http://dx.doi.org/10.4312/linguistica.30.1.13-46.
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The present chapter reports the investigation into certain aspects of the periphrastic construction to be +present participle (e.g. NE: "he is teaching"; OE. "he is laerende") viewed as an example of a syntactic strengthening. The construc tion is usually referred to as "continuous tenses/form" or "progressive tenses/form", whereas Nickel (1966) uses "expanded form". Coming closest to this latter term, the "expanded tenses" employed here seems a convenient label for two reasons: a) the use of expanded tenses is not restricted to the expression of verbal aspect (Aspekt) or mode of verbal action (Aktionsart), which is implied by the use of either the term "continuous tenses/form" or the term "progressive tenses/form"; b) the expanded tenses are integrated into the English tense system, in the sense that they can be substituted with the respective non-expanded tenses without any change in the syntax of the clause, e.g.
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B.R. Cagney and K.W.Wong. "The Effect of Detailing Steel in the Compression Regions of Internal Supports on the Ductility of Reinforced Concrete Beams." Electronic Journal of Structural Engineering 4 (January 1, 2004): 45–54. http://dx.doi.org/10.56748/ejse.440.
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A clause on detailing in AS 3600 stipulates that 25 percents of the maximum steel in the span of a reinforced concrete beam has to be extended beyond the near face of each internal support. This suggests that the internal support regions have more flexural ductility than the original designed amount. This ductility is obtained indirectly by determining the amount of moment that the support regions are capable of distributing. Non-linear analysis of beams designed and detailed to the design limits specified by AS3600 shows that they have substantial reserve in moment redistribution and load capacity as a result of the inclusion of steel in the compressive zones of the supports. This reserve capacity can be exploited for design and for the strengthening of beams.
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Beljić, Marina, and Olgica Glavaški. "Effectiveness of bail-out mechanisms in the Eurozone: Global vs. pandemic crisis." Anali Ekonomskog fakulteta u Subotici 57, no. 45 (2021): 79–95. http://dx.doi.org/10.5937/aneksub2145079b.
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This paper analyses the effectiveness of bail-out mechanisms after the global crisis in comparison to Covid-19 pandemic crisis in the selected Eurozone economies. It seems that in the circumstances of global instability, laissez-faire rules in economy are not enough, meaning that government interventions are desirable and unavoidable. In the Eurozone, the implementation of bail-out programs is related with the problem of a new "impossible trinity" and no-bail out clause. However, the adopted clause on non-use of the bail-out mechanism has had to be ignored several times in the past, and those implementations of bail-outs are focus of this paper. The research is based on descriptive statistical analysis and fixed panel model specification using available data in relation to the bail-out programs in the period 2011-2020 in selected Eurozone economies. The research shows that governments appear to have learned at least three lessons from the global crisis in relation to the bail-out mechanisms: (a) the need for quick implementation of emergency measures, (b) the bail-out mechanism was effective in reducing the fiscal deficit, however, caused an increase in the public debt, and (c) strengthening the fiscal framework of the Eurozone economies by defining supranational fiscal rules remains the essence of a stronger Eurozone and the European Union.
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Milyukov, Sergey, and Nina Skripchenko. "Strengthening Criminal Repressions for Sexual Assaults: Regulatory Vision and Prospective Law Enforcement." Russian Journal of Criminology 16, no. 5 (November 28, 2022): 580–89. http://dx.doi.org/10.17150/2500-4255.2022.16(5).580-589.
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In view of the permanent reforms of criminal law norms protecting sexual inviolability that are aimed at the penalization and differentiation of criminal liability for sexual assaults against minors, the authors conduct a comprehensive analysis of amendments to the Criminal Code of the Russian Federation by laws of January 28, 2022 № 3-FZ and of March 6, 2022 № 38-FZ. They note a new round of strengthening penal prosecution for pedophilic assaults and point out technical and legal drawbacks in the new norms, expressing doubts regarding their criminological validity. By widening the special qualifying features of such crimes as rape and sexual assault, the legislators set stricter punishments for assaults against sexual inviolability than for aggravated types of homicide. The authors analyze the contents of Part 5, Art. 131 and 132 of the Criminal Code of the Russian Federation in its new edition and point out difficulties that could arise during the qualification of sexual assaults committed against two or more minors or associated with committing another grave or very grave crime against a person, as well as in cases of special relapse. They present a critical assessment of Part 3, Art. 133 of the Criminal Code of the Russian Federation and raise the questions of the validity of strengthening criminal liability for group coercion to sexual actions only against minors (clause «a»), and the feasibility of including «the use of mass media» in the characteristics that increase the public danger of harassment. It is noted that the criminalization of the concealment of grave crimes against minors makes the law enforcers face the problem of the admissibility of incriminating a set of crimes included in Parts 1 and 2, Art. 316 of the Criminal Code in cases when the concealed crimes against minors belong to different categories but have a common intent.
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Sylvianie, Lulu. "Kecakapan Nazhir Dalam Pengelolaan Wakaf Produktif Di Indonesia." Ulumuddin: Jurnal Ilmu-ilmu Keislaman 13, no. 2 (July 17, 2023): 199–220. http://dx.doi.org/10.47200/ulumuddin.v13i2.1773.
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The potential of waqf in Indonesia for strengthening the recipient's economy is still very large if nazhir manages it productively. Although many regulations related to his existence have been made, the quality of nazhir in Indonesia is far from what has been expected. This research aimed to answer the question of why nazhir still faces a low level of professionalism. The methode used was a library research analyzing 29 data. This research found that there were six most influential factors related to the low quality of nazhir performance in Indonesia: lack of managerial skills, lack of education or training, unprofessional recruitment of nazhir, the traditional paradigm of nazhir, legal status of nazhir, and minimum number of nazhir. In order to strengthen waqf governance, it is suggested that a managerial requirement clause be added in addition to integrative and continuous training for nazirs.
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Li, Yinge. "Marketization Mechanism of Environmental Protection Law under Global Governance." Advances in Economics, Management and Political Sciences 80, no. 1 (May 10, 2024): 266–74. http://dx.doi.org/10.54254/2754-1169/80/20241892.
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The Global Environmental Problem is becoming serious, which needs to maintain the environmental governance mechanism effectively. This study analyzes the marketization mechanism of environmental protection law under global governance to meet the environmental challenge. Analyzing the severe background of environmental problems, highlighting the urgency of global governance in environmental protection, it explores the main content of the market-oriented mechanism of environmental protection law. Using various research methods such as literature analogy and clause research, this topic is elaborated from different perspectives. The market-oriented mechanism of environmental protection laws helps to stimulate the environmental awareness of enterprises and individuals, promote the effective utilization of resources and sustainable development of the environment. Attention should be paid to exploring areas such as improving market supervision, strengthening international cooperation, and promoting technological innovation, in order to provide reference for a better global environmental governance mechanism.
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Coleman, Carl H., and Tracy E. Miller. "Stemming the Tide: Assisted Suicide and the Constitution." Journal of Law, Medicine & Ethics 23, no. 4 (1995): 389–97. http://dx.doi.org/10.1111/j.1748-720x.1995.tb01384.x.
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On November 8, 1994, Oregon became the first state in the nation to legalize assisted suicide. Passage of Proposition 16 was a milestone in the campaign to make assisted suicide a legal option. The culmination of years of effort, the Oregon vote followed on the heels of failed referenda in California and Washington, and other unsuccessful attempts to enact state laws guaranteeing the right to suicide assistance. Indeed, in 1993, four states passed laws strengthening or clarifying their ban against assisted suicide. No doubt, Proposition 16 is likely to renew the effort to legalize assisted suicide at the state level.The battle over assisted suicide is also unfolding in the courts. Litigation challenging Proposition 16 on the grounds that it violates the equal protection clause is ongoing in Oregon. More significantly, three cases, two in federal courts and one in Michigan state court, have been brought to establish assisted suicide as a constitutionally protected right.
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Perdana, Adhi Surya, Budi Rahardjo, Ikha Amalia Ikhsani, and Miftahul Ilmi. "Pengenalan Potensi Kawasan Sebagai Pondasi Pembangunan Pusat Pendidikan Berbasis Komunitas Lokal Pedesaan." Jurnal Ilmiah Membangun Desa dan Pertanian 6, no. 2 (April 30, 2021): 67. http://dx.doi.org/10.37149/jimdp.v6i2.16986.
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Social, economic, institutional, and cultural conditions become the basis of education and provide benefits for science to formulate the introduction of regional potential, regional designations, program development carried out by villages, and routine activities (learning, research, and community service) by students and lecturers of the Faculty of Agriculture Tidar University which has an interest in developing Sidorejo Village, Bandongan District. The research objective is to create an embryonic center for local community-based education in strengthening rural areas that are progressing efficiently, effectively, and sustainably as a form of university connectivity with the local community. This research focuses on identifying the area's potential in a careful village, with a qualitative research method using an ex post facto comparative clause through a social, ethnographic approach. The research was conducted using a purposive sampling technique consisting of village officials, community leaders, youth organizations, family empowerment and welfare, arts and culture actors, business actors, and planning faculty development planners as many as 20 respondents. The results of the study are in the form of identification findings that can be used as objects of community social mapping projections, needs, essential potential, human resource capabilities, institutions, local culture, infrastructure, economy, natural resources, and agriculture to design rural areas to become centers of local community-based education in strengthening, developing and tri dharma of higher education in the fields of agriculture, plantation, animal husbandry, fisheries, and social entrepreneurship.
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Mariniello, Triestino. "The ‘Nuremberg Clause’ and Beyond: Legality Principle and Sources of International Criminal Law in the European Court’s Jurisprudence." Nordic Journal of International Law 82, no. 2 (2013): 221–48. http://dx.doi.org/10.1163/15718107-08202002.
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Legislative acts or constitutional courts’ decisions allowing the prosecution of alleged perpetrators of international crimes committed in the past continue to attribute to the legality principle a central role within domestic criminal proceedings or complaints before the European Court of Human Rights. This article assesses the evolution of the recent jurisprudence of the Strasbourg Court, which in the 2008 Korbely and Kononov cases for the first time extended the standards of the legality principle over war crimes and crimes against humanity. It examines the rationale for this development, which constitutes an attempt by the Court to restore a proper balance between substantive justice and individual protection, by ascertaining whether domestic convictions were consistent with the qualitative elements of the legality principle, such as accessibility and foreseeability. Through a detailed analysis of the European jurisprudence, the article argues that, although the new approach of the Court entails in abstracto a strengthening of individual safeguards from the arbitrariness of state power, the meaningful protection of the legality principle may be in concreto significantly narrow. The reasons for such a result are two-pronged: first, the Court seems to provide an interpretation of past law which radically diverged from the interpretation of the law in place in the legal system at the material time of the events; second, the international sources accepted by the Court as a valid basis for the applicants’ convictions – pursuant to the standards of the legality principle – were intended to create obligations only upon states, rather than individuals.
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Barak, Aharon. "The Constitutionalization of the Israeli Legal System as a Result of the Basic Laws and its Effect on Procedural and Substantive Criminal Law." Israel Law Review 31, no. 1-3 (1997): 3–23. http://dx.doi.org/10.1017/s0021223700015223.
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In March 1992, Israel underwent a Constitutional Revolution. In March 1992, two new Basic Laws were passed: Basic Law: Freedom of Occupation and Basic Law: Human Dignity and Liberty. Under these new Basic Laws, several human rights — among them Dignity, Liberty, Mobility, Privacy, Property — acquired a constitutional force above the regular statutes. Most of these rights were already protected, prior to the constitutionalization. While a few were protected by the legislator, most were protected by the case law of the Supreme Court, developed by some of our greatest judges since the establishment of the State. The main difference made by the Basic Laws is the strengthening of the normative value of these rights. A regular Knesset (Parliamentary) statute can no longer infringe upon these rights, unless it fulfils the requirements of the Basic Laws (the ‘limitation clause’) namely, it befits the values of the State of Israel, it was passed for a worthy purpose and the harm caused to the constitutional Human Right is proportional to the purpose. Thus, we became a constitutional democracy.
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Gera, Anna, and Boldizsár Szentgáli-Tóth. "The parliamentary margin of movement for strengthening the role of historical dimensions in interpretation and law-making: The case of Hungary." Hungarian Journal of Legal Studies 63, no. 4 (June 19, 2023): 329–51. http://dx.doi.org/10.1556/2052.2023.00408.
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AbstractWhen the historical dimension of the Hungarian public law is assessed, usually the analysis of the constitutional court case law is highlighted; however the Parliament might have an equally important weight. Article R) of the Fundamental Law provides two crucial references to the historical constitution: the clause of paragraph (3) which mentions the achievements of the historical constitution, and paragraph (4) which imposes the duty on all bodies of the Hungarian state to protect the constitutional identity of Hungary laid down in 22/2016. (XII. 5.) ruling of the Hungarian Constitutional Court. These two provisions are also binding for the Parliament to take into account the historical development of the current legal system during all of its legislative activities. In our view, this duty is more extensive than the examination of certain historical laws; the whole historical development of a legal field should be considered as regard the content of laws; the circumstances of their enactment, their special meaning during each historical period. In our contribution, those already known examples are enumerated, when the Hungarian Parliament relied explicitly on the achievements of the historical constitution, and how broad is the parliamentary space of manoeuvre in this regard. Our focus is to identify such alternative legal instruments, which could strengthen the role of historical arguments in the parliamentary practice. Certain elements of the legislative process will be considered (committee meetings; impact assessment of laws, the potential second chamber), while certain components of the laws will be also assessed (preambles, reasonings of laws, parliamentary resolutions).
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Grkovic-Major, Jasmina. "On the accusative with participle: Typological and cognitive aspects." Juznoslovenski filolog, no. 66 (2010): 187–204. http://dx.doi.org/10.2298/jfi1066187g.
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This paper deals with the the complements of the verbs of visual and auditory perception in Old Church Slavonic: Accusative with participle (AP) and clause. The two types of complements are semantically differentiated by evidentiality: AP serves for the firsthand evidentiality and the clause for the non-firsthand evidentiality. Since AP is attested in Old Russian, Old Czech as well in some other old Slavonic languages, it is evident that it was an indigenous Slavic construction. It belongs to the Indo-European syntactic inheritance - the appositive double accusative. Since in early Indo-European the accusative was a general adverbial case, it expressed both types of evidentiality. With the typological drift of Indo-European and its daughter languages toward a nominative language type, which meant the development of syntactic transitivity, the AP was reanalyzed as an object, but only in the cases of the firsthand evidentiality (where the subject has control over the information). For non-firsthand evidentiality, another strategy, inherited also from the proto-language, was used: a sentence with delimitative connective(s). This process was finished by the end of Proto-Slavonic, as testified by Old Church Slavonic. In the process of the further strengthening of transitivity, which gave a prominent role to the predicate as the centripetal core of the sentence, the other predicative center - the active participle - had to be removed, while the passive participle was reanalyzed as an adjective. This led to the loss of the AP in the early history of Slavic languages and the development of hypotactic structures. It was a long process, marked by the competition of different particles and deictic forms which were on the way to be grammaticalized into conjunctions. It ended with the formation of the two types of conjunctions for the two types of evidentiality, e.g. jak - ze in Czech, da - ce in Bulgarian, kako - da in Serbian, kak - cto in Russian etc. This shows not only the importance of evidentiality in a diachronic perspective but also that its formalization is based on the language type.
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van Kempen, Piet Hein, and Masha Fedorova. "Cannabis Regulation Through the “Without Right” Clause in Article 2(1) of EU Framework Decision 2004/757/jha on Illicit Drug Trafficking." European Journal of Crime, Criminal Law and Criminal Justice 31, no. 1 (March 3, 2023): 73–101. http://dx.doi.org/10.1163/15718174-bja10039.
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Abstract Several EU states have shown initiatives towards a more lenient approach to the regulation of cannabis cultivation and trade for recreational use. One possibility that is being investigated is whether a national regulatory system for controlled trade of recreational cannabis can be developed in accordance of the EU Framework Decision 2004/757/jha. The ‘without right’ -clause in Article 2(1) of this decision, from a linguistic point of view, does seem to allow the introduction of such a licensing system. In fact, such a system would not cross the system or the purpose of the Framework Decision, if such licensing system does not result in cross-border effects or the hindering of transnational cooperation in combatting cross-border drug trafficking. However, this possibility is only of theoretical nature considering the clear and strict obligations ensuing from the UN narcotic drugs conventions. In order to regulate recreational cannabis within the boundaries of public international law, states can: (1) denounce the UN narcotic drugs conventions; (2) deviate from the obligations of the UN conventions on the basis of positive human rights obligations; (3) create an inter se agreement between like-minded states that deviates from the UN conventions; and (4) denounce the UN drugs conventions and re-access subsequently with a reservation allowing for regulation of recreational cannabis. We argue that these options can have a combined strengthening effect and indeed present a legally sound and politically viable opportunity to regulate recreational cannabis without denouncing the whole UN drug control system.
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Xin, Li. "Mediation through modality shifts in Chinese-English government press conference interpreting." Babel. Revue internationale de la traduction / International Journal of Translation 64, no. 2 (September 7, 2018): 269–93. http://dx.doi.org/10.1075/babel.00036.li.
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Abstract This paper investigates the mediation role of interpreters through modality shifts in Chinese-English diplomatic interpreting. Based on the custom-built corpus of interpreted government press conferences, this article conducts a Systemic Functional Linguistics-informed analysis of modality shifts by examining the ST-TT sentence pairs that present high-frequency Chinese or English modality markers. Results show that: (1) the degree of mediation by the interpreters is fairly high in terms of modality, with 44% of the investigated sentence pairs involving modality shifts; (2) shifts mostly occur in modality value (91%) and orientation (64%) rather than modality type (5%), thus the basic speech function of the clause is minimally changed; (3) shifts within the three dimensions point to general tendencies towards “weakening,” “subjectivization” and “de-obligation,” which reflect the interpreters’ efforts to construct the Chinese officials’ image as audience-friendly and proactive, and to adapt the TT to the English communicative norms; (4) “strengthening” and “objectivization” shifts occur frequently around issues concerning the Chinese government’s responsibility or ability, which reveals the interpreters’ active involvement in presenting the Chinese government as responsible, confident and powerful. The study argues that the press conference interpreters’ active mediation is motivated by their institutional identity as “diplomatic workers” and “government representatives” in the Chinese context.
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Saura-Freixes, Núria. "Environmental human rights defenders, the rule of law and the human right to a healthy, clean, and sustainable environment: last trends and challenges." UNIO – EU Law Journal 8, no. 1 (December 31, 2022): 53–79. http://dx.doi.org/10.21814/unio.8.1.4523.
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Recently, the United Nations (UN) General Assembly has recognised the universality of the human right to a healthy, clean and sustainable environment. However, for decades, environmental human rights defenders have struggled for this right and have paid a high price for it: threats, reprisals, penalisation, and even their lives. The strengthening of the environmental rule of law correlates with the reciprocal synergy and interdependence on environmental rights and human rights as highlighted by the Special Rapporteurs of the United Nations under the scope of the 1998 United Nations Declaration on Human Rights Defenders. The Escazú Agreement and the Aarhus Convention are among the latest developments of legal and institutional guarantees for environmental defenders: a legal protection clause in the Escazú Agreement for human rights defenders in environmental matters and the setting of a new Special Rapporteur on environmental defenders for the Aarhus parties as a rapid response mechanism, under Article 3(8). The most recent trends on climate litigation have reached the European Court of Human Rights with several pending applications on greenhouse emissions and compliance with the Paris Agreement that merits attention, as well as the protection of human rights defenders in the case-law and the third-party interventions of the Council of Europe (COE) Commissioner for Human Rights.
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Merino, Alberto de Gregorio. "Legal developments in the Economic and Monetary Union during the debt crisis: The mechanisms of financial assistance." Common Market Law Review 49, Issue 5 (October 1, 2012): 1613–45. http://dx.doi.org/10.54648/cola2012093.
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The Union and its Member States have given a double response to the sovereign debt crisis: the creation of mechanisms of assistance and the strengthening of economic governance. Both responses have contributed to substantially redesign the architecture of the economic and monetary union. This article focuses on the mechanisms of assistance - most of which have been agreed intergovernmentally outside the EU Treaties -, describing them and examining their most significant legal implications. These are their compatibility with the no bail-out clause, the limited revision of the Treaties to include new Article 136(3) TFEU, the use of Article 122(2) TFEU as the only legal basis under the Treaties to provide financial assistance, the relationship between the intergovernmental mechanisms of assistance and the law of the Union and the judgment of 7 September 2011 of the German Constitutional Court on the compatibility of mechanisms of assistance with the German Constitution. Mechanisms of assistance are presented as part of an unavoidable process of further integration of the Member States that share a common good, the euro, a process that might lead to fundamental changes in the EU Treaties, including the creation of a European Treasury, that would go hand by hand with a fiscal federation where budgetary sovereignty of euro area Member States would yield to supranational control.
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Short, Stephanie Doris, Hyo-Young Lee, Mi-Joung Lee, Eunok Park, and Farah Purwaningrum. "The Case for a Reciprocal Health Care Agreement between Australia and South Korea." Asia Pacific Journal of Health Management 16, no. 1 (February 28, 2021): 21–27. http://dx.doi.org/10.24083/apjhm.v16i1.505.
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Objectives: This study presents the case for a reciprocal health care agreement (RHCA) between Australia and South Korea. Design and Setting: The research utilised a qualitative social scientific methodology. Document analysis was conducted on government reports, official statistics and media articles in English and Korean. Main outcomes: In Australia, the Health Insurance Act 1973 enables health care agreements with 11 nations, however, Korea has no similar legislation in place. Therefore, Korea would need to build a broader consensus on the need for a RHCA in full, based on the precedent of Australia's agreements with other nations, as well as on the Korean Pension Act, which has enabled reciprocal (equal treatment among the countries) pension agreements with 28 nations through an exceptive clause. Results: The active government commitment and involvement of the Ministry of Health and the Department of Foreign Affairs and Trade in Australia, and of the Ministry of Health & Welfare and Ministry of Foreign Affairs in South Korea, would be essential for a successful RHCA process to come to fruition. Conclusions: While a potential health care agreement between Australia and Korea would constitute a significant step forward in strengthening people-to-people links between these two significant trading partners in the spirit of health diplomacy, the feasibility at the current time is very low indeed.
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Carmi, Guy E. "“Dignitizing” Free Speech in Israel: The Impact of the Constitutional Revolution on Free Speech Protection." Symposium: Mixed Jurisdictions 57, no. 4 (November 8, 2012): 791–856. http://dx.doi.org/10.7202/1013032ar.
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This article examines the changes in the approach to the analysis of free speech rights in Israel. It demonstrates the growing shift from the American liberty-based influence in the 1980s to a more dignity-based, and principally Canadian- and German-inspired, model following the adoption of the partial bill of rights in the 1990s. This is demonstrated both by a statistical analysis of the Israeli Supreme Court free speech rulings in the past thirty years and by a substantive analysis of recent rulings in the areas of prior restraint, pornography, and libel. The statistical findings demonstrate that while human dignity rarely played a role in free speech rulings in the past, it plays a significant role today. Another indication of the “dignitization process” lies in the reference to foreign rulings. Moreover, a substantive examination of the Israeli Supreme Court’s free speech rulings from the last decade reveals the dignitization process both in rhetoric and outcomes. This article offers a means of strengthening the protection that free speech receives in Israel by divorcing the constitutional protection of free speech from the concept of human dignity, and by focusing on the value of liberty. This can be achieved by the incorporation of the unenumerated right to free speech via the liberty clause within Basic Law: Human Dignity and Liberty.
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Siepmann, Dirk. "A corpus-based investigation into key words and key patterns in post-war fiction." Functions of Language 22, no. 3 (November 27, 2015): 362–99. http://dx.doi.org/10.1075/fol.22.3.03sie.
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This study is an exploratory investigation into lexico-grammatical items specific to a large corpus of English-language post-war novels, as compared to corpora of conversation, news and academic English. Its overall aim is threefold: first, to show how the subjective impression of ‘literariness’ arising from fictional works is at least partly based on the statistically significant use of highly specific words and lexico-grammatical configurations; second, to attempt a broad classification of key words and patterns; third, to illustrate the fiction-specific patterns formed by three key words. Analysis proceeded in three steps. First, a key word analysis was performed. In the second step, all two-to-five word strings contained in the English corpus were generated. In the third step, multi-word strings, collocations and colligations associated with three English key words (‘thought’, ‘sun’ and ‘jerk’) were analysed. Results indicate that post-war fiction is characterized by the dense use of specific sets of key words and key patterns, such as multi-word strings (must have been), phrase frames (like a + NP, there was a + NP) colligations (PossDet thoughts were on NP), collocations (the strengthening sun) and lexically specific narrative patterns (PossDet thoughts were interrupted when/as + time clause). The patterns in question are shown to be interconnected through a complex web of analogical creations. Implications are discussed for theories of literature, lexicology and translation.
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Belyashin, Yaroslav, Tatyana Kuzmina, and Alexey kondrashin. "TRENDS IN THE DEVELOPMENT OF FIRE SUPERVISORY INSPECTION." MONITORING AND EXPERTISE IN SAFETY SYSTEM 2024, no. 1 (April 26, 2024): 9–13. http://dx.doi.org/10.61260/2304-0130-2024-1-9-13.
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The key features of the modified form of implementation of supervisory activities by state fire supervision authorities are considered, related both to the exclusion from the plan of carrying out planned control (supervisory) activities in relation to objects of protection with an assigned risk category below «high», and with the fact that in order to carry out unscheduled control (supervisory) activities, a reasoned and justified decision of the supervisory authority is required, supported by the occurrence of one of the grounds in the list established by clause 3, part (a) of the Government Resolution Russian Federation «On the features of the organization and implementation of state control». The problem of the increase in the number of fires is touched upon at protection facilities of a significant risk category. It has been stated that only subject to an integrated approach to compliance with the procedure and rules for certification of specialists, as well as effective control and supervision by the competent authorities, together with the introduction of a number of specific liability measures, can positive results in the field of fire safety be expected. It is concluded that the principles of the modern approach to ensure fire safety are based on strengthening the institution of responsibility on the part of persons carrying out commercial activities in this area.
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Członkowska-Naumiuk, Małgorzata. "Escape from the battlefield and its immediate punishment in the oath of the Samnite Linen Legion (Liv. 10.38). Part 1." Prace Historyczne 149, no. 1 (March 28, 2022): 1–23. http://dx.doi.org/10.4467/20844069ph.22.001.14614.
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In the account of the Third Samnite War (298–290 BC), Livy records a special commitment of the Samnite Linen Legion that faced the Romans at Aquilonia in 293 BC. The oath of this élite formation required discipline and sacrifice to a greater extent than the obligations of the other Samnite troops and the Roman military oath of these times. According to Livy, the Linen Legion’s soldiers swore not to flee the battlefield and to instantly kill anyone from among themselves who would try to run away. Threatening soldiers to kill them on the spot in case of desertion in the face of the enemy and issuing such an order during battle was a widespread practice in the Roman army as well as in other armies of different epochs. It appears that in the Samnite picked troops, it was the military oath itself that included the obligation to punish the fugientes immediately. Strengthening military discipline and soldiers’ sworn commitments was a systemic solution aimed at enhancing combat effectiveness of the army in situations of extreme danger. Analogies can be drawn between the Samnite case and examples of Greek and Roman military oaths reinforced in the face of an invader. The peculiar clause of the Linen Legion’s oath may be seen as one of such systemic measures. The article examines the reasons for its use by the Samnites and attempts to demonstrate the credibility of this detail given by Livy.
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Larassati, Difa, and Ichwan Suyudi. "ENGLISH-INDONESIAN CODE MIXING FOUND IN THE SUMMER TRIANGLE NOVEL BY HARA HOPE." Journal of Language and Literature 9, no. 2 (2021): 118–34. http://dx.doi.org/10.35760/jll.2021.v9i2.5278.
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Code mixing is a phenomenon that occurs everywhere. In Indonesia, it is found that the people often mix their language with other languages, one of which is English. The mixing of these two languages is found not only in spoken but also in written form. The aims of this research are to find out the types of code mixing, the reasons for code mixing, and the syntactic units of code mixing in the Summer Triangle novel by Hara Hope. The data studied are narrations and utterances of the characters which contain English-Indonesian code mixing. The researcher uses the qualitative method and documentation technique in this research. In examining the data, the researcher uses theories from Hoffman (1991), Savile-Troike (1986), and other experts. The result of the research shows that there are 216 data of code mixing in the Summer Triangle novel. The types of code mixing found are intra-sentential code mixing (87.04%), intra-lexical code mixing (6.02%), and involving a change of pronunciation (6.94%). The reasons for code mixing found are talking about a particular topic (48.61%), quoting somebody else (2.32%), being emphatic about something (7.87%), interjection (inserting sentence fillers or sentence connectors) (3.24%), repetition used for clarification (2.32%), intention of clarifying the speech content for interlocutor (6.94%), expressing group identity (2.78%), softening or strengthening request or command (1.85%), real lexical need (11.11%), and prestige (12.96%). The English syntactic units found are word (61.11%), phrase (31.94%), clause (2.78%), and abbreviation (4.17%).
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Członkowska-Naumiuk, Małgorzata. "Escape from the battlefield and its immediate punishment in the oath of the Samnite Linen Legion (Liv. 10.38). Part 2." Prace Historyczne 149, no. 2 (September 29, 2022): 207–25. http://dx.doi.org/10.4467/20844069ph.22.011.15672.
Full textAbstract:
In the account of the Third Samnite War (298–290 BC) Livy records a special commitment of the Samnite Linen Legion that faced the Romans at Aquilonia in 293 BC. The oath of this élite formation required discipline and sacrifice to a greater extent than the obligations of the other Samnite troops and the Roman military oath of these times. According to Livy, the Linen Legion’s soldiers swore not to flee the battlefield and to instantly kill anyone from among themselves who would try to run away. Threatening soldiers to kill them on the spot in case of desertion in the face of the enemy and issuing such an order during battle was a widespread practice in the Roman army as well as in other armies of different epochs. It appears that in the Samnite picked troops, it was the military oath itself that included the obligation to punish the fugientes immediately. Strengthening military discipline and soldiers ’sworn commitments was a systemic solution aimed at enhancing combat effectiveness of the army in situations of extreme danger. Analogies can be drawn between the Samnite case and examples of Greek and Roman military oaths reinforced in the face of an invader. The peculiar clause of the Linen Legion’s oath may be seen as one of such systemic measures. The article examines the reasons for its use by the Samnites and attempts to demonstrate the credibility of this detail given by Livy.
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Ardyan Nusanto, Irfan, and Richo Andi Wibowo. "Analisis Terhadap Sengketa Informasi Publik Dokumen Perjanjian Kerja Sama (PKS) Pada Program Kartu Prakerja." Jurnal Hukum Ius Quia Iustum 31, no. 1 (January 1, 2024): 1–25. http://dx.doi.org/10.20885/iustum.vol31.iss1.art1.
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This paper analyzes the public information dispute regarding the Memorandum of Agreement (PKS) document for the Pre-Employment Card program in the Central Information Commission Decision No. 013/VI/KIP-PS-A/2020 and Jakarta Administrative Court Decision No. 233/G/KI/2020/PTUN.JKT to see whether public bodies have implemented the principle of transparency in PKS documents. The methods used are the statutory, case study, and conceptual approaches with deductive analysis. The results of the research conclude that firstly, the Information Commission's decision deserves to be appreciated for it has the substance of strengthening the public's right to access information on cooperation agreement documents belonging to public bodies, although there is a minor note that the Commission cannot annul the internal decree of a public body when deciding on a dispute which is subsequently revised by the court which strengthens the Commission's stance. Public bodies do not have a strong foundation when arguing for rejection of a request for information on a cooperation agreement on the grounds that there is an internal decree prohibiting it or because there is a confidentiality clause based on the principle of pacta sunt servanda. Likewise, the public body argued that PKS documents will interfere with the interests of protecting intellectual property rights and protecting against unfair business competition which had not been a solid argument. Second, the attitude of public bodies in rejecting applications with various arguments indicates that public bodies have not implemented transparency in cooperation agreement documents.
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Skrypniuk, Oleksandr. "Democracy and the political regime and the role of law in efficient functioning of democratic institutions." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 211–19. http://dx.doi.org/10.33663/0869-2491-2021-32-211-219.
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The article inquiries into the features of the law impact on the effective functioning of democratic institutions. The essence of democracy as a legal phenomenon and the process of its formation are examined, alongside with the perspectives of current legal institutions. The clause that the key feature of the political regime is how the issues of human and civil rights and freedoms are approached in the state, the level of the people’s political involvement in the process of state and legal decision-making, the compatibility of government institutions with the relevant state legal framework, the presence of opposition and the prospects for competitive rivalry of political parties in the process of forming the public authorities. It is concluded that the specificity of democracy lies in the ability of its resources to self-reproduce within the existing system of the state legal institution. Drawing heavily on law abidance and compliance with the order in the state, democracy is well-positioned to implement economic and social reforms without significant material costs. The conclusions reached in the study are based on the standpoint of constitutional scholars who studied traditional and atypical forms of democracy, including the electronic one. The recommendations for improving the feasibility of political and legal system of Ukraine by strengthening the role of e-government are elaborated in the article by way of decentralization, gender equality, access to justice, independence of the media, blockchain technologies for information protection in the information society. The research methodology is based on the general scientific method of scientific cognition. In the process of examining the essence of democracy, its formation and further differentiation, historical and legal, formal and legal, formal and logical methods, the methods of analysis and synthesis were also applied.
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Corso, Noemi. "Occupazione militare e tutela della proprietŕ privata." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 1 (March 2012): 5–44. http://dx.doi.org/10.3280/dudi2012-001001.
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Moving from the complementary relationship between International Humanitarian Law and International Human Rights Law, this article analyses the issue of private property in occupied territory from the civilians perspective. In the attempt to verify if contemporaneous practice has modified customary international law obligations of Occupying Powers, the Author highlights the complex and heterogeneous evolution of the protection of the right to private property. On the one hand, practice confirms the strengthening of its safeguard by the extensive interpretation of the absolute prohibition on confiscation, forbidding an occupying power to take "permanent" measures of dispossession and de facto transfer of title. The same result is achieved by the enlargement of the material scope of application of the crime of pillage, and by the narrow interpretation of the derogation clause of the "absolute necessity of military operations", contained in the rule prohibiting the destruction of private property. Moreover, practice's development proves the existence of a privileged class of assets (such as foodstuffs, houses, or medical supplies), whose essential nature to the well-being of the civilian population makes them object of a stronger guarantee. On the other hand, recent trends show a weakening in the protection of the right to private property, above all within the context of prolonged occupation as well as trans- formative one. The occupant's widest powers of requisition of private property in these particular cases interfere in a deeper manner with the enjoyment of the right in hand, partly justified by the more and more flexible interpretation given to the general conservationist principle of military occupation law. Actually, this weakening is only apparent. From a broader point of view, the less protection of the right to private property is counterbalanced by the use of the proportionality test, to assess if occupying power action respects the other human rights of the civilian population.
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Wieczorek, Mariusz. "The role of attorneys-at-law in a democratic state ruled by law." Radca Prawny, no. 2 (31) (October 31, 2022): 287–95. http://dx.doi.org/10.4467/23921943rp.22.034.16897.
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Attorneys-at-law, both at the individual and group level, i.e., as a professional self-government, when performing their duties and obligations arising from the provisions of law and deontological norms defining their professional status, have a role of a systemic nature to play. This role is intended to contribute to the strengthening and development of the democratic character of the Republic of Poland. A particularly important tool for carrying out this task of the National Bar of Attorneys-at-Law is the possibility to present opinions on draft legal acts, a constitutional tool which, due to the very essence of the attorney-at-law’s profession, allows the National Bar of Attorneys-at-Law to present at the stage of legislative work possible threats arising from the proposed normative acts to constitutionally guaranteed civil rights and freedoms. The systemic role of attorneys-at-law in a democratic state ruled by law can also be seen in an individual dimension, which is manifested primarily in the course of providing legal assistance (as part of the professional practice). After all, the rule of law clause cannot be deprived of its fundamental component, which is considered to be the rights and freedoms of the individual. In this concept of the rule of law, attorneys-at-law, who participate in the implementation of the rule of law by providing legal assistance, can and should be treated as its constituent. The systemic role to be played by attorneys-at-law individually and in gremio, i.e., as a professional self-government, becomes particularly important in times of crisis of the state ruled by law. The National Bar of Attorneys-at-Law, like the bar associations of other legal professions, is particularly predestined to take the floor in public debate on changes in the administration of justice that may violate the constitutional order.
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Kim, Min-Ji. "A Study on the Legislative Improvements of Personal Information Protection of Domestic Violence Victims: Focusing on the restrictive system of issuing certificates under the Act on Registration of Family Relations." Korean Association Of Victimology 31, no. 2 (August 31, 2023): 33–66. http://dx.doi.org/10.36220/kjv.2023.31.2.33.
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According to the Inconsistency with the Constitution on the part relating to “request of the issuance of a family relation certificate and an identification certificate by lineal blood relatives among certificates prescribed in Article 15” in the main clause of Article 14 (1) of the Act on Registration of Family Relations, the Act on Registration of Family Relations was amended to limit the issuance of certificates and disclosure of information to be entered to persons designated by domestic violence victims and has been in effect since January 1, 2022. This amendment is important in that victims of domestic violence were given control of personal information under the Act on Registration of Family Relations.
However, limitations may point out in that the 2022 revised Family Relations Registration Act is not easy to understand due to its complexity and lacks protection of the interests of those subject to disclosure restrictions, not domestic violence offenders. Furthermore, further improvement is required considering the need to protect personal information in our current society, the increased risk of leakage due to strengthening access to personal information, and changes in public perception of families. Accordingly, in the short-term improvement direction, it was proposed to add immediate notification and periodic verification procedures, and to apply the system to protect personal information of crime victims other than domestic violence. A plan to reduce the scope of claimants for issuance of certificates was proposed as a mid- to long-term improvement direction.
Based on the improvement direction proposed, the 2022 revised Family Relations Registration Act will play a role as an effective system for actively guaranteeing personal information of domestic violence victims, suppress the misuse, abuse, and leakage of personal information and aim for the legitimate use of personal information. under the Act on Registration of Family Relations.
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Suprun, Lyudmyla, and Volodymyr Suprun. "Semantic and Syntax Structure of Unextended Sentences of Verbal Type in the Belles Lettres Communication of Oles Gonchar." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu Serìâ Fìlologìâ 14, no. 25 (2021): 295. http://dx.doi.org/10.34079/2226-3055-2021-14-25-295-301.
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The article is devoted to the study of the structure of the Ukrainian sentence. At the centre of the authors' scientific interests are unextended sentences of verbal type. The investigation was carried out with the presupposition of the opinion of leading modern syntacticians on the division of simple sentences or parts of complex sentences into extended and unextended ones and the recognition of the minimal structural elements by syntactic units, self-sufficient for forming and expressing predicative basis. The object of the study was unextended verb-type sentences without obligatory predicate components. The analysis includes not only sentences consisting of a subject and a predicate (two-member sentence) or a main clause (one-member sentence sentence), expressed by an absolute verb, but also those that can be distributed by optional components, as well as sentences of complex structure. The material for scientific research was a discourse of high functional-stylistic and individual-speech quality, accumulated in Oles Honchar's novels «Cathedral» and «Your Star». Among the verbs of the modern Ukrainian language, which model unextended sentences of verbal type, the following semantic groups are distinguished: verbs that express action as a lesson, skill, duty; verbs representing the psychophysiological state; verbs of movement, motion; verbs with the meaning of «transformation», «transition», «emergence of a new feature», «strengthening of a feature or quality»; verbs denoting sounds; verbs with the meaning «to take place», «to be» (about the natural phenomena). The main attention in the article is focused on the semantic and syntactic organization of unextended sentences. For this purpose, semantic types of verbs of the modern Ukrainian language are singled out and illustrated with extensive examples, which compose unextended sentences of verbal type in Oles Honchar's belles-lettres communication. Their analysis showed that the writer prefers the verbs of movement, motion and especially those verbs that express the psychophysiological state. Oles Honchar rarely uses verbs that express action as a lesson, skill, duty. The verbs denoting sounds represent a small group either. Verbs with the meaning «to take place», «to be», reproducing the natural phenomena are more frequent. The verbs denoting «transformation», «transition», «emergence of a new feature», «strengthening of a feature or quality» took a borderline position in terms of usage frequency. Based on the analysis of uncommon verb-type sentences without obligatory predicate components in Oles Honchar’s belles-lettres communication, a general conclusion is made that their meanings form a complex of heterogeneous semantic elements. Semantic-syntactic differential features of such sentences are due, among other things, to the self-sufficient semantic content of absolute verbs-predicates.
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Ndayiragije, Juvénal. "Strengthening PF." Linguistic Inquiry 31, no. 3 (July 2000): 485–512. http://dx.doi.org/10.1162/002438900554415.
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One standard assumption of the Minimalist Program is that formal, (grammatical) features are the only features that trigger the “dislocation” property of CHL. On the basis of two syntactically related properties of Fóngbé nonfinite clauses-object shift and verb doubling-I argue that pure phonological features can be overtly attracted. Three consequences follow: (a) the operation Attract F cannot be reduced to, Agree, (b) the concept of strength is inescapable, and (c) some of the effects of strength are PF-driven properties, hence not true imperfections.
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Ghosal, Sayantan, and Kannika Thampanishvong. "Does strengthening Collective Action Clauses (CACs) help?" Journal of International Economics 89, no. 1 (January 2013): 68–78. http://dx.doi.org/10.1016/j.jinteco.2012.04.003.
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Prawiro, Indra Yoga. "The Analysis of Interpersonal Meaning (MOOD), Ideational Meaning (TRANSITIVITY) and Textual Meaning (THEME) of News Item Text Entitled “Nikita Mirzani: I`m Not a Prostitute”." Wiralodra English Journal 1, no. 1 (September 8, 2017): 37–58. http://dx.doi.org/10.31943/wej.v1i1.16.
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Today, media has become primary needs as food and clothing. It has played significant role in strengthening the society that is as a "mirror" of the modern society. It’s used not only to inform people about current, new affairs and what is happening around them and the world but also to form opinions and make judgments regarding various issues. Cohen, (1963); McCombs & Shaw, (1972) stated that when mass media emphasize a topic, the audience/public receiving the message will consider this topic to be important. However, systemic functional grammar is concerned primarily with the grammar choices makes available to speakers and writers. These choices relate speakers' and writers' intentions to the concrete forms of a language. This study is attempt to investigate the interpersonal meaning (mood), ideational meaning (transitivity) and textual meaning (theme) of news item text entitled “Nikita Mirzani: I`m Not a Prostitute”.The news becomes very interesting for some people, because this news is indicated as distractor issue for Freeport cases.After analyzing the mood system in this text, so the writer can conclude that all of the information in this news is declarative mood. For example when the Nikita stated you can confront me with O and F (pimp suspects). I do not know them. This proof gives us justification that the speakers indeed intentionally give fruitful and clear information to each other. The use of full declaratives here also indicates that the text shares a common focus on the giving of information. There is only full declarative in this text, there is no full polar interrogative, full WH-interrogative, imperative and so on. After we discuss the mood types, and then move on the next table, about Modality and Polarity. There are four modality used in this text. Those are the use of can (two times), could and might. So, it assumes that some information given is in the form of “advice”.Based on the table above, it also can be concluded that there are five transitivity process used in this text. The major process used in this text is attributive process. In the second place is material, mental and verbal process with 17,7 %. Then, the last is 5,8% process of this text used behavioral process. In this text, there are also three major circumstance used those are location, extent and manner with frequency 25%. Then it’s continued by role and cause circumstance with 12,5%. In this text the system of Theme and Rheme provides important ways in which textual meanings at the clause level may be established. Theme-Rheme structure allows information to flow from one clause to another. The logical flow helps create cohesiveness of the text in the news. Theme is realized by position (initial). In the SFL an analysis of language, pattern of thematic choice are seen as realizing textual meanings, which in turn are the realization of mode dimensions of the context of situation, thus thematic choice realize meanings about the organization of the communicative event and the experiential and interpersonal distance.
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Toshkhodjaeva, Nargiza. "THE ESSENCE AND PREPARATORY FEATURES OF CONDUCTING PRACTICAL CLASSES AND CLASSES WITH TEACHERS OF THE FUTURE PRIMARY CLASS." American Journal Of Social Sciences And Humanity Research 4, no. 3 (March 1, 2024): 114–23. http://dx.doi.org/10.37547/ajsshr/volume04issue03-15.
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In the educational system, the successive arrangement of lectures and practical classes is of great importance. The lecture is considered the first step in preparing students for practical training. The problems posed in it find their own clear expression and a specific solution in practical training. It is not found to resemble a lecture, among other types of training. Each practical activity is considered a traditionally developing, strengthening activity and can also serve as a preparation for the active reception of the next lecture.
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Górski, Sławomir Stanisław. "The European Union’s Strategy on Hybrid Threats." Internal Security 9, no. 2 (July 9, 2018): 171–81. http://dx.doi.org/10.5604/01.3001.0012.1711.
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The article discusses and analyses the terminology and gives a description of hybrid threats. Particular emphasis is placed on their diversity, variability and the problematic nature of methods used by an aggressor in order to destabilise the social, political and economic environments against which the hostile activities are targeted. The areas which may be under the influence of hybrid threats have been indicated and many aspects of these threats’ influence on a contemporary countries’ functioning have also been underlined. The main focus of hybrid threats’ considerations is put in the context of the European Union. The related strategic documents have been analysed and the directions of action defined in them, which may prevent or neutralise the consequences of hybrid threats, have been described, as well. Particular attention has been paid to the analysis of the ”Joint Framework on countering hybrid threats”, the strategic document which acts as a map for joint anti-hybrid activities. The directions of action defined in it may, in the author’s opinion, contribute to building up resistance to hybrid threats. Particularly legitimate are activities which aim at providing an appropriate level of situational knowledge, as well as effective exchange of intelligence information among the European Union’s institutions and its member states. What is more, developing the analytical potential and the transfer of knowledge of hybrid threats, which is carried out by joint centres of excellence, may result in a situation where the influence of these threats on the social, political and economic dimension of the member states’ functioning is smaller. Comparisons between the common strategic solutions to hybrid threats and other instruments of the European Union relating to the internal security (civil protection, solidarity clause) have been made in the article. The summary discusses the directions of antihybrid strategic activities, among which developing the awareness of threats and strengthening the social resilience to hybrid threats have been given special emphasis.
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Alvao-Saenz, Leidy Tatiana, Juliana Quintero-Salazar, and Angie Marcela Ramírez Rubio. "Captura la idea: Actividad lúdica para la enseñanza y fortalecimiento del pensamiento de diseño." I+D Revista de Investigaciones 16, no. 1 (December 7, 2020): 28–44. http://dx.doi.org/10.33304/revinv.v16n1-2021003.
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Con la finalidad de favorecer la percepción del método enseñanza-aprendizaje activo para el tema del diseño del producto en la materia Administración de Operaciones I, se propone el diseño de una actividad lúdica llamada “Captura la idea” y un ejercicio para su validación. Para el diseño de la lúdica se utilizó la metodología Gamificación Canvas, y el referente teórico de la temática se basó en el modelo Mindshake Design Thinking Evolution 62. Para la validación, se realizó un estudio causal y cuasiexperimental para una muestra de 20 estudiantes con quienes se aplicaron dos encuestas tipo Likert. Los resultados permiten aceptar la hipótesis propuesta, y se concluye que el uso de esta estrategia mejora en promedio un 15 % la percepción del alumno. Adicionalmente, se evidenció que los estudiantes sienten que la clase es más estimulante, agradable y llamativa en comparación con una clase netamente magistral.
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Lee, Hwan Kyung. "A Study on the Legislative veto power of the U.S. Congress." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 34, no. 2 (December 31, 2023): 119–37. http://dx.doi.org/10.34267/cblj.2023.34.2.119.
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For more than half a century in the United States, congressional or legislative vetoes have been adopted and used as a means of balancing power between the administration, especially the president and the federal parliament. Since the 1930s, when the Federal Assembly was unable to effectively exercise legislative power, it has gradually delegated legislative power to the President and the Administrative Committee, and the Federal Assembly adopted the veto as a preliminary legislative procedure to monitor the exercise of such delegated power. In general, legislative veto power refers to the delegation of legislative power to the president or administrative agency somewhat broadly, but the Congress has a veto on the exercise after the fact. In other words, this can be seen as a legislative mandate conditional on the rejection of Congress. Legislative veto power has its origins in the laying system, a precedent for the British Parliament. The return system is a system in which laws and regulations enacted by the administration are returned to the council to deliberate upon the delegation of the council, but are not recognized for effect if approval is not obtained. In the United States, legislative veto power was introduced by the Federal Assembly after the Great Depression in the 1930s to strengthen control over the administration's regulatory policies. In the 1970s, legislative veto power expanded rapidly. In the mid-1970s, Congress granted legislative vetoes to more than 100 laws. These legislative vetoes have contributed to strengthening Congress' control over the administration's regulatory policies. However, the legislative veto has caused a number of problems. First, the legislative veto system further delays the establishment of rules that are being delayed. Second, if Congress actually considers legislative veto power, the administrative committee and the parliament's competent standing committee will be sharply opposed, resulting in delays in administration. Third, criticism has been raised that the legislative veto increases the workload of Congress. Fourth, criticism has been raised that the legislative veto weakens and confuses judicial control over the administrative committee. The legislative veto, which has functioned as a strong means of control of legislative power delegation, was ruled unconstitutional in the 1983 Chadha ruling. This case is a case in which deportation of foreigners is a problem, and the background is as follows. Chadha, an East Indian, was on the verge of being deported from the country after his student visa period had elapsed. However, in 1974, Chadha requested an order to suspend deportation from the Minister of Justice based on the provisions of the Immigration and Nationality Act due to the difficulties of living following deportation abroad, and finally obtained the permission. However, the law gave the Senate or the House of Representatives the power to reject the Minister of Justice's decision by a simple resolution, and the House of Representatives passed a resolution rejecting the Minister's order to suspend deportation order. Eventually, in 1976, Chadha was finally ordered deported. In 1983, the Supreme Court ruled by 7:2 that the legislative veto under the Immigration and Nationality Act violates the Constitution in that it violates the transfer clause (Article 1, Paragraph 7, No. 3) and the bicameral clause (Article 1, Paragraphs 1 and 7 of the U.S. Constitution). In the Chadha case, it is evaluated that any form of legislative veto is unconstitutional. The ruling has shocked Congress and is expected to further affect the political process in the United States. Immediately after the Chadha ruling, the Congress came up with its own alternative. The most extreme opinion was to recognize the legislative veto as a prestigious through the revision of the current law or to deprive the Administrative Committee of its authority to enact rules at all, but it did not gain much sup
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Vasiljević, Mirko. "Arbitration agreement and intercompany disputes." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 7–46. http://dx.doi.org/10.51204/anali_pfub_18201a.
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The affirmation of resolution through arbitration of commercial disputes in the field of contract law, both at national levels (as an undisputable trend of varying degrees) as well as at the international level, has raised the issue of the possibility of resolving intercompany disputes in this manner, in order to extend the freedom of will of investors from the domain of establishing companies to include the domain of the freedom of choice of a forum for resolving possible disputes arising from numerous legal relations of this kind. However, unlike contracts, with the primacy of free will compared to limitations (the relation of rules and exceptions), the sphere of intercompany relations, although basically contractual by its origin, has, in its functioning, an emphasized need to resolve the conflict of contract and company law in order to make the arbitrability of these disputes realistically possible, while on the other hand, compared to the contract law, the sphere of company law is always more in the focus of attention of national public orders, as a universal institute (regardless of its scope), which represents an obstacle to arbitrability of these disputes. In this paper, the author first analyses the legal nature of the constituent acts of companies (the founding act and statute of a joint stock company) in the context of an arbitration agreement, on which the arbitrability of intercompany disputes can solely be based, finding that their contractual nature is a serious obstacle to mandatory arbitrations of these disputes (if these acts with this clause are adopted by majority of votes), and that the theory of adhesion contracts could be a solution to encourage arbitrability, but only for closed type of companies, while this would not be possible in the case of a public joint stock company, especially in the case of non-professional shareholders because of the need to additionally protect them through consumer law. The author continues by analysing the notion of intercompany disputes and systems of possible objective arbitrability (ratione materiae) of these disputes, finding that the Serbian arbitration law and company law, especially with regard to the possible restrictive concept of „exclusive jurisdiction of commercial courts“ for these disputes, has at least serious reasons for changes in favour of strengthening their arbitrability, with certain necessary individual exclusions in case of the dominance of public order interest. Finally, the author also analyses certain aspects of multiparty nature of the intercompany disputes, especially regarding public joint stock companies, as possible procedural obstacles to their resolution through arbitration, even in cases of their possibly undisputable objective arbitrability.
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Song, Seung-Eun. "The Problem and Improvement of the so-called Overdue Wage Crime under the Labor Standards Act." Legal Studies Institute of Chosun University 30, no. 1 (April 30, 2023): 327–58. http://dx.doi.org/10.18189/isicu.2023.30.1.327.
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For workers, wages are a major source of income for households and an essential element in solving food, clothing, and shelter for future labor. Therefore, if wages are overdue, it directly threatens the livelihood of workers, so eradicating overdue wages is a very urgent task. Under the Labor Standards Act, if an employer delays wage payment, fails to pay full wages, or fails to pay wages within 14 days from the date of death or retirement of a worker, he or she shall be punished by imprisonment for up to three years or a fine of up to 30 million won. However, unlike the victim's explicit intention, a prosecution cannot be filed (Anti-intentional punishment clause). It is an abuse of the state's right to punish wages, which is only a civil problem, through criminal sanctions. In addition, criticism is raised that there is a risk of making the criminal law only formal and worthless. However, if wages are overdue, the lives of workers and their dependents who have not been paid will be ruined. In addition, since wage bonds are not only property rights but also survival rights and social rights rights, criminal punishment for overdue wages is necessary in that the state's obligation to protect basic rights is strongly required. However, in the case of non-punishment against will, problems of abuse and side effects are pointed out, and problems are raised that the possibility of low punishment for non-payment of wages and lack of risk due to the level of punishment. First, if thorough judicial processing and appropriate sentencing are guaranteed, the anti-disciplinary system can act as a mechanism to encourage employers to liquidate and consequently contribute to protecting workers' basic rights. Therefore, it is necessary to find a way to exclude the application of bad and habitual delinquent business owners or at least limit the time limit of expressing the intention of non-punishment to before prosecution. Second, since the strengthening of sanctions is not directly related to the resolution of wage arrears and the risk of punishment laws depends on the possibility of punishment and the expected level of punishment, it is necessary to strengthen the level of punishment. However, since the crime of arrears of wages is contrary to the principle of proportionality by punishing even non-malicious arrears of wages, economic sanctions need to be strengthened through fines or fines if they are not malicious or habitual arrears of wages.
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Subowo,, Arif, Triyanto Triyanto,, and Rini Triastuti. "Active Debate Learning Model in Strengthening Critical Thinking Skills for Class IX students." International Journal of Multidisciplinary Research and Analysis 05, no. 11 (November 15, 2022): 3100–3105. http://dx.doi.org/10.47191/ijmra/v5-i11-17.
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The ability to think critically is an important component in the world of education, especially for students as the younger generation should have the ability to think critically as a capital to face the challenges of the world in the future. This study aims to determine the strengthening of critical thinking skills of grade IX students through an active debate learning model on Pancasila and citizenship education subjects at Muhammadiyah Junior High School Special Program Kottabarat Surakarta. This study uses a qualitative approach with data collection through observation, interviews and documentation. The subjects of this study were teachers of Pancasila and citizenship education and grade IX students. The results showed that the application of the ac tive debate learning model in Pancasila and citizenship education subjects was able to strengthen the critical thinking skills of grade IX students, indicated by the students' ability to understand the material, analyze, speak, and conclude a problem.
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Faridi, Faridi, and Mariana Yogawati. "Furudul Ainiyah Basis Penguatan Pendidikan Karakter di MTsN 2 Kota Malang." FIKROTUNA: Jurnal Pendidikan dan Manajemen Islam 15, no. 01 (July 28, 2022): 109–29. http://dx.doi.org/10.32806/jf.v15i01.5864.
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The Jokowi government pays serious attention to character education. One of the clauses in Strengthening Character Education. Emphasizes the importance of XXI Century skills, including critical thinking skills, creative thinking, communication skills, including mastery of international languages, and collaboration in learning. To achieve these ideal principles of competence, MTsN 2 integrates the values of Furudhul Ainiyah into various activities. This study aims to describe and understand the reasons of MTsN 2 Malang to make Furudhul Ainiyah as a basis for strengthening character education. Describe and understand the implementation of strengthening character education based on Furudhul Ainiyah. This research uses a qualitative approach with a single case study type. Data collection techniques are observation, interviews and documentation. Analysis of the data using the interactive analysis of Miles and Hubermann. The results show that strengthening character education based on Furudhul Ainiyah is in line with the vision and mission of MTsN 2. Strengthening character education based on Furudhul Ainiyah in MTsN 2 is integrated through class, through madrasa culture, and through the community.
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Smyrnov, M. "Prosecution for the most serious international crimes committed in Ukraine during the full-scale military invasion of the aggressor country: jurisdictional aspects." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 607–12. http://dx.doi.org/10.24144/2788-6018.2023.01.106.
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The conceptual issues, related to the construction of the system of international criminal justice, ratification of the Rome Statute of the International Criminal Court and features of cooperation of Ukraine with the International Criminal Court, are examined in the article.
The main reasons for the delay in Ukraine's ratification of the Rome Statute of the International Criminal Court are analyzed, and attention is drawn to the inconsistent and contradictory position of Ukraine, which does not use the mechanisms of criminal prosecution for the crime of genocide, crimes against humanity, war crimes and the crime of aggression provided for by the Rome Statute of the International Criminal Court. Ukraine has signed the Rome Statute of the International Criminal Court and invites the latter to investigate crimes committed by the aggressor country in Ukraine, but does not fulfill its obligations, does not ratify the Rome Statute of the International Criminal Court and does not recognize its jurisdiction (except for special jurisdiction).
The need to harmonize substantive and procedural law of Ukraine to the provisions of the Rome Statute of the International Criminal Court is emphasized. The prospects, negative and legal consequences of Ukraine's ratification of the Rome Statute of the International Criminal Court in the context of a full-scale military invasion of Ukraine by an aggressor country, as well as European integration processes and the requirements of the Association Agreement between Ukraine and the European Union are studied. The thesis is proved that Ukraine's non-ratification of the Rome Statute of the International Criminal Court may affect the possibility of bringing the aggressor country to justice, despite the fact that Ukraine used a special procedure of recognizing the jurisdiction of the International Criminal Court.
The main aspects of the activity and jurisdiction of the International Criminal Court were considered. Attention is drawn to the fact that Ukraine's relations with the International Criminal Court are based on the principle of complementarity of jurisdictions. The essence, significance and advantages of Ukraine's cooperation with the International Criminal Court, as well as the possibility of bringing the aggressor country to justice for the crime of genocide, crimes against humanity, war crimes and the crime of aggression, have been studied. Based on the results of such a study, it was concluded that the recognition of the jurisdiction of the ICC (not only the special jurisdiction due to Clause 3 of Article 12 of the Rome Statute) for Ukraine is a priority and indispensable component of its European path of development and a real opportunity at the international level to prosecute top officials of the aggressor country for crimes committed in Ukraine.
The ratification of the Rome Statute of the International Criminal Court provides additional opportunities for the national judiciary, will lead to the strengthening of the rule of law and, thanks to access to the International Criminal Court, will allow the aggressor country to be held accountable for crimes committed during a full-scale military invasion of Ukraine.
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Le, Thuy, Hung Nguyen Thanh, Minh Ngo Ngoc Quang, Chau Nguyen Thi Tran, Ha Nguyen Thi Thanh, Thinh Le Quoc, Tuan Dang Thanh, et al. "Strengthening Adherence to a Central-Line–Associated Bloodstream Infection Prevention Bundle in a Surgical ICU in Vietnam." Infection Control & Hospital Epidemiology 41, S1 (October 2020): s392. http://dx.doi.org/10.1017/ice.2020.1031.
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Background: Central-line–associated bloodstream infections (CLABSIs) increase the length of hospital stay, healthcare costs, and patient mortality. Objective: We conducted a quality improvement (QI) approach with plan-do-study-act (PDSA) cycle to strengthen adherence to a central-line (CL) maintenance bundle and to reduce CLABSI rate in a surgical intensive care unit (ICU) of children’s hospital 1 (CH1). Methods: The baseline CLABSI rate per 1,000 CL days and the ratio of CL days to patient days (device utilization ration; DUR) were captured for 12 months preceding the intervention. Baseline process indicators were captured for 2 months preceding implementation, including hand hygiene adherence, sterile technique for dressing change and CL access, CL hub cleaning, dating of CL components and daily chlorhexidine bathing. A multimodal intervention of clinician training, bedside checklist, and poster reminders of best practices was implemented. Process and outcome measures were monitored over 12 months of implementation. Z-test was used to calculate statistical significance before and after intervention. Results: Among 46 clinical ICU staff trained on a CLABSI maintenance bundle, mean pre- and posttest knowledge scores increased from 63% to 86%. Staff adherence to each CL care bundle element improved significantly (P < .001) and sustainably over the intervention period: hand hygiene adherence increased from 54% to 82%; sterile technique for dressing increased from 60% to 94%; sterile technique for CL access increased from 51% to 97%; hub scrubbing increased from 52% to 93%; dating of CL elements increased from 63% to 85%; daily chlorhexidine bathing increased from 52% to 87%. During the first 9 months, the CLABSI rate and the DUR decreased from 5.8 to 3.7 and from 0.43 to 0.41, respectively. In the following 2 months, the CLABSI rate increased to 12.7 while bundle adherence remained high. A root-cause analysis identified inadequate environmental hygiene and use of multidose saline bottles for multiple patients as potential factors. A PDSA cycle to improve these elements (enhanced cleaning; single-patient saline bottles) led to a decrease in the CLABSI rate from 12.7 to 3.0 after these efforts. Conclusions: This is the first time CH1 has used quality improvement methodology to implement an HAI prevention enhancement, which proved effective at creating and sustaining adherence to a multimodal CL maintenance bundle and an overall decrease in CLABSI rates. A 2-month increase in CLABSI rates highlights the unique challenges faced in low-resource settings and demonstrates the need for IPC elements not captured in a typical CLABSI prevention bundle. The quality improvement methodology provided a structured approach to implementing change. This methodology will be used for additional patient safety improvements at CH1 and other Viet Nam hospitals interested in CLABSI prevention.Funding: NoneDisclosures: None
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Belt, Thierry, Irene Burgers, Jan Darecki, Nienke Oomes, and Joep Schenk. "Policy Note: Strengthening Tax Systems in Developing Countries: The Dutch Contribution." Intertax 52, Issue 4 (April 1, 2024): 327–53. http://dx.doi.org/10.54648/taxi2024035.
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The Netherlands has long faced criticism for its role in facilitating tax avoidance through its network of double taxation treaties (DTTs), particularly regarding developing countries, e.g., recently in a report of the Tax Justice Network (TJN). A review of the general Dutch tax policy shows that the country has taken several steps to reform its DTTs, undertaken domestic reforms to address tax avoidance issues, and has been offering tax-related capacity development (CD) programmes to developing nations. The authors ascertain from the results of an analysis of the parliamentary debate in terms of the contents of DTTs with developing countries and changes in domestic law as well as interviews with several stakeholders in the Netherlands and in developing countries show that the Netherlands is still likely to play a prominent role in global tax avoidance. This applies despite the significant changes in policy and substantive and procedural law. Not all loopholes have been closed, and adopting anti-abuse clauses in DTTs with developing countries – a central part of the Dutch response – has been somewhat disappointing. Moreover, the process of providing tax-related CD is not optimal, and tensions remain regarding the goals that the Netherlands attempts to pursue in tandem, potentially leading to policy incoherence. Moreover, unilateral action is unlikely to result in a reduction of global tax avoidance as financial flows – and therewith tax avoidance – are likely to shift to other countries. The global minimum tax (GMT) and other parts of the two-pillar proposal are more likely to offer a breakthrough for certain types of tax avoidance.Hence, a continued international dialogue on tax matters is needed to address all types of tax avoidance. In the parliamentary discussion on this topic, the Dutch Secretary of State for Finance reconfirmed the policy to assist developing countries in strengthening their tax systems in respect of the GMT through being in favour of a broader scope of Amount B, providing technical assistance in the implementation process of Pillars 1 and 2, and through the OECD’s Tax Inspectors Without Borders (TIWB) project. The objective of this article is to add to the policy discussion on how to strengthen the tax systems of developing countries. Tax avoidance, double taxation treaties (DTTs), international tax policy, Tax avoidance, double taxation treaties (DTTs), international tax policy, capacity development (CD), anti-abuse clauses, policy coherence, developing countries, BEPS, Addis Tax Initiative (ATI), Foreign Direct Investment (FDI).
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Chavez, Leiry Cornejo. "The Claude-Reyes Case of the Inter-American Court of Human Rights – Strengthening Chilean Democracy?" Nordic Journal of Human Rights 31, no. 04 (December 19, 2013): 513–31. http://dx.doi.org/10.18261/issn1891-814x-2013-04-04.
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